text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Mercury Health Advisory Act of 
  2003''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress makes the following findings:
              (1) Mercury is a persistent, bioaccumulative heavy metal 
          that poses a significant risk to human health, wildlife, and 
          the environment.
              (2) Mercury discharges into the atmosphere and surface 
          oceans have increased two-to-five fold since the beginning of 
          the industrialized period due to human activities.
              (3) Substantial evidence is accumulating that exposure to 
          methyl-mercury is widespread in the general public and 
          occurring at higher than health-based levels of concern 
          according to the Food and Drug Administration, the 
          Environmental Protection Agency, and the World Health 
          Organization. Fish and seafood caught or sold in the United 
          States are contaminated with methyl-mercury, a toxic element 
          that may cause neurological damage and other health-related 
          problems as a result of fish or seafood consumption.
              (4) According to the 1997 Environmental Protection Agency 
          Mercury Report to Congress, mercury levels in the following 
          fish, at least occasionally, exceeded the Food and Drug 
          Administration's ``action level'' limit of 1 part per million: 
          tilefish, king mackerel, shark, swordfish, tuna, lobster, red 
          snapper, saltwater and freshwater bass, bluefish, bluegills, 
          catfish, crappie, groupers, hake, halibut, northern pike, 
          walleye, largemouth bass, pompano, snook, sunfish, and other 
          finfish.
              (5) The Food and Drug Administration advises pregnant women 
          and women of childbearing age not to eat shark, king mackerel, 
          tilefish, and swordfish and to limit consumption of all other 
          fish to 12 ounces per week. The Food and Drug Administration 
          advises other persons to limit their consumption of shark and 
          swordfish to no more than 7 ounces per week.
              (6) The Environmental Protection Agency recommends that 
          women who are pregnant or who may become pregnant, nursing 
          mothers, and young children limit fish consumption to 6 meals 
          per week of cooked fish or an 8-ounce meal per week for 
          uncooked fish for adults and 2 meals per week of cooked fish or 
          a 3-ounce meal per week of uncooked fish for young children.
              (7) In 2003, 44 States issued health advisories that warned 
          the public about consuming mercury-tainted fish, as compared to 
          27 States that issued such advisories in 1993.
              (8) Eleven States warn pregnant women and young children to 
          limit consumption of canned tuna, the most consumed fish in the 
          United States, to 1 or 2 cans per week and some States warn 
          that the ``white'' albacore canned tuna has significantly 
          higher mercury levels than the ``light'' tuna, based upon Food 
          and Drug Administration testing.
              (9) Data from the National Health and Nutrition Examination 
          Survey Centers indicates that 7.8 percent of women of 
          childbearing age have blood mercury levels in their bodies 
          above what is considered safe for the developing fetus, 
          translating into over 300,000 babies born each year in the 
          United States at risk of mercury poisoning.
              (10) Between 30 percent and 50 percent of women of 
          childbearing age are not aware of the methyl-mercury exposure 
          risks from ingestion of mercury-contaminated fish, according to 
          the Food and Drug Administration.
              (11) A January 2001 report by the United States General 
          Accounting Office (GAO) criticized the Food and Drug 
          Administration for not providing guidance to the fishing 
          industry to identify and prevent fish contaminated with mercury 
          from reaching consumers, even though the Agency's own 
  testing found that, for example, over half of the swordfish exceeded 
  its action level of one part per million (ppm).
              (12) Evidence is continuing to emerge linking increased 
          risk of coronary heart disease to mercury exposure, as 
          presented in at least 2 peer reviewed studies.
              (13) Health advisory information on mercury-contaminated 
          fish, which is necessary to protect public health, is not 
          widely known by the State or Federal Government. This lack of 
          awareness potentially threatens tens of millions of Americans 
          who may unknowingly ingest harmful amounts of mercury because 
          they are not aware of exposure risks from consumption of 
          freshwater fish and seafood.
      (b) Purposes.--The purposes of this Act are to--
              (1) ensure that the public is adequately informed about the 
          potential adverse effects of mercury exposure through the 
          consumption of fish products;
              (2) require the Secretary of Health and Human Services to 
          work cooperatively with other Federal and State agencies, as 
          well as nonprofit organizations, to create appropriate 
          advisories for the distribution to the public of explanations 
          of the potential adverse effects of mercury exposure from fish 
          consumption;
              (3) require the Administrator of the Environmental 
          Protection Agency to work cooperatively with State fish and 
          game officials to create an informative guide for distribution 
          to the public about the dangers of the consumption of 
          recreationally-caught fish;
              (4) require the Food and Drug Administration to resume its 
          seafood methyl-mercury monitoring program to better document 
          mercury levels in various fish species sold in commerce;
              (5) require the Secretary of Health and Human Services, in 
          cooperation with private and public organizations, to design 
          and implement a National Public Education Program regarding the 
          presence of methyl-mercury in seafood and fish consumption 
          advisories for methyl-mercury; and
              (6) require the Administrator of the Environmental 
          Protection Agency to annually prepare a report on the impacts 
          of mercury on human health and the environment.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Administrator.--The term ``Administrator'' means the 
          Administrator of the Environmental Protection Agency.
              (2) Commissioner.--The term ``Commissioner'' means the 
          Commissioner of Food and Drugs.
              (3) Health professional.--The term ``health professional'' 
          means any licensed professional in the dental and medical 
          profession.
              (4) Secretary.--The term ``Secretary'' means the Secretary 
          of Health and Human Services.
  
  SEC. 4. ADVISORY NOTICES.
  
      (a) Consumer Mercury Advisory Notice.--
              (1) In general.--The Administrator and the Commissioner 
          shall jointly develop fish consumption advisories for methyl-
          mercury in fish. Such advisories shall be based on the 
          Environmental Protection Agency's Reference Dose for--
                      (A) the general population;
                      (B) sensitive populations; and
                      (C) populations consuming above average amounts of 
                  fish.
              (2) Consumer's notice.--The Secretary, in consultation with 
          the Administrator and the heads of State environmental agencies 
          and health departments, shall prepare a consumer's mercury 
          advisory notice. Such notice shall be distributed widely by the 
          Secretary, at no cost, to health professionals, particularly 
          medical offices that provide gynecological, obstetrical, or 
          pediatric care, and to the extent practicable shall be made 
          available and posted in the patient or client areas of all 
          maternal and child health and nutrition program offices, and 
          shall be made available to health care providers, Federal, 
          State, and local government agencies, and the general public 
          upon request.
              (3) Criteria.--The advisories developed under this 
          subsection shall--
                      (A) explain, in an easily understandable manner, 
                  the dangers of mercury exposure through the consumption 
                  of mercury contaminated fish to women of childbearing 
                  age, women who expect to become pregnant, women who are 
                  pregnant or breast feeding their children, and young 
                  children and their parents;
                      (B) describe, in an easily understandable manner, 
                  in detail the most current mercury health advisories 
                  prepared by the Federal Government concerning fish 
                  consumption, contain the toll free number established 
                  under paragraph (4), and contain such other information 
                  as the Secretary determines appropriate; and
                      (C) be printed in large type in English, Spanish, 
                  and other languages determined by the Secretary to be 
                  culturally and linguistically appropriate.
              (4) Toll-free telephone number.--The Secretary shall 
          establish a toll-free telephone number to enable individuals to 
          obtain additional information about the health advisories 
          developed under this subsection concerning exposure to mercury 
          from consumption of fish and seafood, as well as exposure from 
          other sources.
              (5) Updating of information.--The information provided 
          under this subsection shall be updated periodically as 
          determined necessary by the Secretary.
      (b) Mercury Warning Consumer's Guide.--
              (1) In general.--The Administrator, in consultation with 
          the Secretary, shall prepare a consumer's guide to mercury and 
          health advisory for the consumption of recreationally-caught 
          fish. Such guide shall be distributed, at no cost, to--
                      (A) State departments of fisheries, wildlife, and 
                  environmental law enforcement;
                      (B) all applicants for a fishing license at the 
                  time the license is issued; and
                      (C) to public upon request.
              (2) Criteria.--The guide developed under paragraph (1) 
          shall--
                      (A) be printed in large type in English, Spanish, 
                  and other languages determined by the Secretary to be 
                  culturally and linguistically appropriate;
                      (B) contain the toll free telephone number 
                  established by the Environmental Protection Agency that 
                  residents may call for further information about the 
                  health advisories contained in the guide.
              (3) Updating of information.--The guide developed under 
          paragraph (1) shall be updated periodically as determined 
          necessary by the Secretary.
      (c) Consumption Advisory.--
              (1) In general.--The Secretary, in consultation with the 
          Secretary of Agriculture and the Administrator, shall work with 
          the States and other appropriate entities to--
                      (A) develop and distribute regional and national 
                  advisories concerning the presence of methyl-mercury in 
                  seafood;
                      (B) develop standardized formats for written and 
                  broadcast advisories regarding methyl-mercury in 
                  seafood;
                      (C) develop and periodically upgrade information 
                  related to mercury fish tissue test results and fish 
                  consumption advisories for methyl-mercury;
                      (D) coordinate State and local advisories in the 
                  formation of the National Public Education Program 
                  under subsection (d)(1); and
                      (E) coordinate with that sector of the retail food 
                  industry that is engaged in the sale of any fresh, 
                  packaged, or frozen fish or seafood products intended 
                  for human consumption, concerning the posting of such 
                  advisories in their place of business where fish are 
                  sold to inform women of childbearing age, pregnant, and 
                  nursing women and the parents of young children on the 
                  potential dangers of mercury that is present in certain 
                  fish or seafood.
              (2) Criteria.--The advisories and notices developed under 
          paragraph (1) shall include information both on limiting the 
          consumption of certain high level fish and seafood to the 
          general population and, for sensitive populations such as women 
          of childbearing age and children, stress the importance of 
          limiting consumption of frequently consumed fish that may 
          exceed the Environmental Protection Agency's Reference Dose.
              (3) Consumption advisory.--
                      (A) In general.--Based on information compiled by 
                  the Environmental Protection Agency, the National 
                  Marine Fisheries Services, and the Food and Drug 
                  Administration, shall work with State health, fish and 
                  wildlife, and environmental agencies to develop and 
                  periodically update a consumption advisory for any 
                  fresh, packaged, or frozen fish or seafood products 
                  intended for human consumption for posting by retail 
                  food establishments and restaurants pursuant to this 
                  Act. The advisory shall provide information about the 
                  potential dangers from the ingestion of mercury from 
                  the consumption of fish and seafood by women of 
                  childbearing age, pregnant women, and young children 
                  and other at-risk groups as determined by the 
                  Department, including populations consuming above-
                  average quantities of fish and seafood.
                      (B) Distribution.--The Secretary shall make copies 
                  of the advisory developed under subparagraph (A) 
                  available to State boards of health or other State and 
                  local governmental entities that have the same 
                  authority as a State board of health for distribution 
                  to the public and to local retail food establishments 
                  and restaurants.
              (4) Requirements.--The advisories and notices developed 
          under this subsection shall be printed in large type in 
          English, Spanish, and other languages determined by the 
          Secretary to be culturally and linguistically appropriate.
      (d) Public Education and Advisory System.--
              (1) Public education.--The Secretary, in consultation with 
          public and nonprofit private entities (including cooperative 
          extension services and appropriate State entities), shall 
          design and implement a national public education program 
          regarding the presence of methyl-mercury in seafood.
              (2) Features.--The program developed under paragraph (1) 
          shall provide--
                      (A) information to the public regarding--
                              (i) Federal standards and good practice 
                          requirements relating to methyl-mercury in 
                          seafood; and
                              (ii) the promotion of public awareness, 
                          understanding, and acceptance of such standards 
                          and requirements;
                      (B) information to health professionals so that 
                  health professionals may improve the 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 individuals as the Secretary determines will 
                  promote the purposes of this section.
      (e) Sampling and Monitoring.--
              (1) In general.--The Commissioner shall resume the seafood 
          methyl-mercury monitoring sampling program of the Food and Drug 
          Administration to assist in documenting mercury levels in 
          various fish species.
              (2) Monitoring.--The sampling program described in 
          paragraph (1) shall be conducted so as to provide statistically 
          valid monitoring data with respect to mercury levels in fish 
          and seafood (including market-basket studies) including 
          documenting the extent to which fish with mercury levels in 
          excess of the action level are sold in commerce. Such 
          information, along with information gathered by the 
          Environmental Protection Agency, shall be compiled into an 
          annual report by the Commissioner to track changes in dietary 
          exposure to mercury from fish and seafood.
              (3) Avoidance of duplication of effort.--To the extent 
          practicable, the sampling program described in paragraph (1) 
          shall be consistent with, and shall be coordinated with, other 
          seafood sampling programs that are in use, so as to avoid 
          duplication of effort.
  
  SEC. 5. HAACP ASSESSMENT.
  
      Not later than 1 year after the date of enactment of this Act, the 
  Secretary shall finalize the Hazard Analysis and Critical Control Point 
  assessment to determine whether or not methyl-mercury exposure through 
  fish consumption is a public health hazard.
  
  SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) Public Education and Advisory System.--There is authorized to 
  be appropriated to develop and implement the public education and 
  advisory system under section 3(d), $500,000 for each fiscal year.
      (b) Sampling.--There is authorized to be appropriated to carry out 
  sampling under section 3(e), $1,000,000 for each fiscal year.
      (c) State Support.--
              (1) In general.--There is authorized to be appropriated to 
          support the efforts of 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 
          fiscal year.
              (2) Equitable distribution.--The Administrator shall 
          distribute amounts made available under paragraph (1) equitably 
          among the States through programs in existence on the date of 
          enactment of this Act.
target: Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish.
  
  Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals (and others upon request) a consumer's mercury advisory notice regarding the health risks of fish consumption; and (2) establish a toll-free number for individuals who desire additional information.
  
  Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses (and others upon request) a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish.
  
  Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood; and (2) design and implement a related national public education program.
  
  Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program.
  
  Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard.
feat_title: A bill to require the Secretary of Health and Human Services to ensure that the public is provided adequate notice and education on the effects of exposure to mercury through the development of health advisories and by requiring that such appropriate advisories be posted, or made readily available, at all businesses that sell fresh, frozen, and canned fish and seafood where the potential for mercury exposure exists.