text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) mercury pollution from coal-fired power plants, waste 
          incinerators, and other anthropogenic sources continues to 
          contaminate inland waterways and territorial waters of the 
          United States;
              (2) mercury accumulates in fish as methylmercury and is 
          passed on to humans that eat those fish;
              (3) methylmercury is a potent neurotoxin that, even in 
          small quantities--
                      (A) can cause serious damage to the human central 
                  nervous system and adverse effects on many other 
                  systems in the human body;
                      (B) is especially harmful to pregnant women and 
                  young children; and
                      (C) puts an estimated 60,000 newborns at risk for 
                  adverse neurodevelopmental effects each year in the 
                  United States from in utero exposure;
              (4) certain commercial seafood species can have dangerously 
          high levels of methylmercury, as evidenced by Food and Drug 
          Administration data acquired in the 1990's, up to the time that 
          the agency discontinued domestic sampling in 1998;
              (5) the Food and Drug Administration's long-standing action 
          level of 1.0 parts per million for methylmercury in fish--
                      (A) is out of date; and
                      (B) according to scientific evidence, does not 
                  adequately protect pregnant women and young children;
              (6) the comprehensive Mercury Study Report to Congress 
          issued by the Environmental Protection Agency in December 1997 
          recommended a methylmercury consumption limit of 0.1 micrograms 
          per kilogram of body weight per day, which is 5 times lower 
          than the Food and Drug Administration's current action level;
              (7) the report entitled ``Toxicological Effects of 
          Methylmercury'', issued by the National Academy of Sciences in 
          July 2000, confirmed that the Environmental Protection Agency's 
          limit is ``scientifically justifiable for the protection of 
          public health'';
              (8) the report entitled ``Food Safety: Federal Oversight of 
          Seafood Does Not Sufficiently Protect Consumers'', issued by 
          the General Accounting Office in February 2001, highlights the 
          inadequacies of Food and Drug Administration guidance regarding 
          methylmercury in commercial seafood;
              (9) many States have been forced to issue mercury 
          advisories for inland waterways and health warnings regarding 
          the fish that may be caught in those waterways; and
              (10) some States have also issued mercury advisories for 
          commercial seafood.
  
  SEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.
  
      Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
  341 et seq.) is amended--
              (1) in section 402(a)(2), by inserting after ``section 512; 
          or'' the following: ``(D) if it is seafood that bears or 
          contains methylmercury that is unsafe within the meaning of 
          section 406A(a); or''; and
              (2) by inserting after section 406 the following:
  
  ``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.
  
      ``(a) In General.--Not later than 1 year after the date of 
  enactment of this section, the Secretary shall by regulation establish 
  a tolerance for the presence of methylmercury in seafood.
      ``(b) Requirements.--The tolerance established under subsection (a) 
  shall--
              ``(1) be based on a scientific analysis of the health risks 
          attributable to methylmercury; and
              ``(2) be set at a level for which the Secretary determines 
          that there is a reasonable certainty that no harm will result 
          from aggregate exposure to methylmercury in seafood, including 
  all anticipated dietary exposures for which there is reliable 
  information.
      ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing 
  methylmercury shall be deemed to be unsafe for purposes of section 
  402(a)(2)(D) unless the quantity of methylmercury is within the limits 
  of the tolerance.
      ``(d) Pregnant Women, Infants, and Children.--In establishing or 
  modifying the tolerance under subsection (a), the Secretary shall 
  ensure that there is a reasonable certainty that no harm will result to 
  pregnant women, infants, and children from aggregate exposure to 
  methylmercury.
      ``(e) Sampling System.--
              ``(1) In general.--Not later than 18 months after the date 
          of enactment of this section, the Secretary, after consultation 
          with the Secretary of Agriculture, shall establish a system for 
          the collection and analysis of samples of seafood to determine 
          the extent of compliance with the tolerance under subsection 
          (a).
              ``(2) Monitoring.--The sampling system shall provide 
          statistically valid monitoring (including market-basket 
          studies) with respect to compliance with the tolerance.
              ``(3) Avoidance of duplication of effort.--To the extent 
          practicable, the sampling system shall be consistent with, and 
          shall be coordinated with, other seafood sampling systems that 
          are in use, so as to avoid duplication of effort.
      ``(f) Public Education and Advisory System.--
              ``(1) Public education.--The Secretary, in cooperation with 
          private and public organizations (including cooperative 
          extension services and appropriate State entities) shall design 
          and implement a national public education program regarding the 
          presence of methylmercury in seafood.
              ``(2) Features.--The program shall provide--
                      ``(A) information to the public regarding--
                              ``(i) Federal standards and good practice 
                          requirements; and
                              ``(ii) promotion of public awareness, 
                          understanding, and acceptance of the standards 
                          and requirements;
                      ``(B) information to health professionals so that 
                  health professionals may improve diagnosis and 
                  treatment of mercury-related illness and advise 
                  individuals whose health conditions place those 
                  individuals at particular risk; and
                      ``(C) such other information or advice to consumers 
                  and other persons as the Secretary determines will 
                  promote the purposes of this section.
              ``(3) Health advisories.--The Secretary, in consultation 
          with the Secretary of Agriculture and the Administrator of the 
          Environmental Protection Agency, shall work with the States and 
          other appropriate entities to--
                      ``(A) develop and distribute regional and national 
                  advisories concerning the presence of methylmercury in 
                  seafood;
                      ``(B) develop standardized formats for written and 
                  broadcast advisories regarding methylmercury in 
                  seafood; and
                      ``(C) incorporate State and local advisories into 
                  the national public education program under paragraph 
                  (1).''.
  
  SEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.
  
      In carrying out section 406A(a) of the Federal Food, Drug, and 
  Cosmetic Act (as added by section 3), the Secretary of Health and Human 
  Services, acting through the Commissioner of Food and Drugs, shall 
  consider the findings of the National Academy of Sciences regarding the 
  Environmental Protection Agency's recommended level for methylmercury 
  exposure and the presence of methylmercury in seafood, as such findings 
  are described in the report issued by the National Academy of Sciences 
  in July 2000.
  
  SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) Sampling.--There is authorized to be appropriated to carry out 
  sampling under section 406A(e) of the Federal Food, Drug, and Cosmetic 
  Act (as added by section 3) $500,000 for each of fiscal years 2002 
  through 2011.
      (b) Public Education and Advisory System.--There is authorized to 
  be appropriated to develop and implement the public education and 
  advisory system under section 406A(f) of the Federal Food, Drug, and 
  Cosmetic Act (as added by section 3) $500,000 for each of fiscal years 
  2002 through 2011.
      (c) State Support.--
              (1) In general.--There is authorized to be appropriated to 
          support efforts of the States to sample noncommercial fish and 
          inland waterways for mercury and to produce State-specific 
          health advisories related to mercury $2,000,000 for each of 
          fiscal years 2002 through 2011.
              (2) Equitable distribution.--The Administrator of the 
          Environmental Protection Agency shall distribute amounts made 
          available under paragraph (1) equitably among the States 
          through programs in existence on the date of enactment of this 
          Act.
  
  SEC. 6. REPORT.
  
      (a) In General.--Not later than 180 days after the date of 
  enactment of this Act, the Secretary of Health and Human Services, 
  acting through the Commissioner of Food and Drugs, shall submit to 
  Congress a report on the progress of the Secretary in establishing the 
  tolerance required by section 406A of the Federal Food, Drug, and 
  Cosmetic Act (as added by section 3).
      (b) Contents.--The report shall include a description of the 
  research that has been conducted or reviewed with respect to the 
  tolerance.
target: Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood.Deems as unsafe any seafood not meeting such tolerance.
feat_title: A bill to amend the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to establish a tolerance for the presence of methylmercury in seafood, and for other purposes.