HR848-119

2. Voluntary food climate labeling program The Administrator of the Environmental Protection Agency shall carry out a voluntary food climate labeling program. The Administrator shall establish and operate the labeling program in consultation with the Secretary of Agriculture and the Federal Trade Commission. A person manufacturing, importing, distributing, or selling food may not place the food climate label developed under subsection (c) on the food or its labeling unless the Administrator has authorized such person to do so under paragraph (3). An applicant shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. The Administrator shall review all applications submitted under paragraph (2) and approve any such application— on the basis of whether the applicant provides assurances satisfactory to the Administrator that the applicant will adhere to the requirements of the labeling program; and not on the basis of an assessment of the benefits to the environment associated with the food. If the Administrator approves an application under this subsection with respect to a food, the Administrator may specify where on the food or its labeling the food climate label shall be placed. The Administrator shall specify— the visual form of the food climate label, as described in paragraph (3); the information to be included on the food climate label, as described in paragraph (4); and the method by which the information to be included on the food climate label shall be verified, as described in paragraph (5). In specifying the visual form, information to be included, and method for verification referred to in paragraph (1), the Administrator— shall consult with food industry stakeholders; and may perform such consultation— by establishing a Federal advisory committee under chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act); or through a negotiated rulemaking under the Negotiated Rulemaking Act of 1990 (Public Law 101–648). The visual form of the food climate label shall— convey the information described in paragraph (4) to the consumer in a manner that is determined by the Administrator to be most useful to the consumer at the point of sale in making food purchasing decisions; not convey that any given food is acceptable or unacceptable, but instead provide to the consumer a numerical quantification of the information described in paragraph (4); employ words, numbers, and imagery, as specified by the Administrator; convey that the information on the food climate label has been verified under requirements established by the Environmental Protection Agency; include a logo (or other identifier) to help the consumer identify the food climate label; and include a quick response code (commonly known as a QR code) or similar mechanism that provides electronic access to the consumer at the point of sale to the information described in paragraph (4)(B). The food climate label shall include two numerical summaries of the best available information regarding the total greenhouse gas emissions released throughout the lifecycle of the food and its input materials as follows: The first numerical summary shall include the information on the greenhouse gas emissions released during— the growing of ingredients; the manufacture of the nonfood input materials; processing; packaging; and distribution. The second numerical summary shall include the information on the greenhouse gas emissions released during— storage; presentation in a retail food establishment; consumer use, including the energy used to store the food after purchase; end-of-life reuse, recycling, composting, treatment, and disposal of the food and its packaging; and any other aspect of the lifecycle of the food and its input materials. The participant shall be responsible for the validity of the numerical summary required by subparagraph (A)(i). The Administrator shall— be responsible for the validity of the numerical summary required by subparagraph (A)(ii); and develop such numerical summary in consultation with the participant referred to in clause (i) and the advisory committee established under paragraph (2)(B). The QR code (or similar mechanism) referred to in paragraph (3)(F) shall provide access to the following information: If the food is subject to a voluntary commitment under subsection (d), an indication that such food is subject to such commitment and a summary of the information reported pursuant to such commitment under such subsection. The database established under subsection (e). The Administrator shall specify the method by which the information included on the food climate label shall be verified. Such method shall include— adhering to uniform standards for the collection and analysis of such information; adhering to requirements for entities (certified by the Administrator for such purpose) to measure, monitor, verify, and report such information; and using the best available scientific information. In developing the method under subparagraph (A), the Administrator shall consider the established international standards for carbon accounting for product lifecycle assessment, including— the ISO 14040 and ISO 14044 standards of the International Organization for Standardization; and protocols established under the Greenhouse Gas Protocol (commonly known as the GHG Protocol) program of the World Business Council for Sustainable Development and the World Resources Institute, including— the GHG Product Life Cycle Accounting and Reporting Standard; and Publicly Available Specification 2050 (commonly known as PAS 2050). The Administrator shall ensure that the method under subparagraph (A) is informed by, and generally aligned with, the current best practices of the food industry for validating the information included on the food climate label. Not later than 2 years after the date of enactment of this section, the Administrator shall establish a program under which a manufacturer, importer, distributor, or seller of a food bearing the food climate label may, on a voluntary basis— make and report a voluntary commitment to reduce the greenhouse gas emissions associated with such food; and report sustainability information pertaining to the food based on the best available scientific information. Not later than 2 years after the date of enactment of this section, the Administrator shall establish and make publicly accessible a database under an open license to provide consumers with easy access to information pertaining to the labeling program, including— explanations of the objectives and the methodologies of the Administrator in developing the food climate label and in specifying the visual form, information to be included, and method for verification referred to in subsection (c)(1); the information described in clauses (i) and (ii) of subsection (c)(4)(B) with respect to each food in the labeling program; the voluntary commitments and sustainability information reported under subsection (d); and as the Administrator determines appropriate, any sustainability information pertaining to food bearing the food climate label, based on the best available scientific information. Not later than 7 years after the date of enactment of this section, and every 5 years thereafter, the Administrator shall— publish a report on the labeling program’s effectiveness in— providing consumers information that consumers find useful; and reducing the greenhouse gas emissions associated with food throughout the lifecycle of the food and its input materials, as described in subsection (c)(4)(A); and submit to Congress a report containing any recommendations for legislative action that would improve the labeling program’s effectiveness in achieving the objectives described in subparagraphs (A) and (B) of paragraph (1). Not later than 2 years after the date of enactment of this section, the Administrator shall finalize regulations to carry out the labeling program. Not later than 7 years after the date of enactment of this section, and every 5 years thereafter, the Administrator shall update the regulations for carrying out the labeling program to increase the labeling program’s effectiveness, as determined by the Administrator with regard to the objectives described in subparagraphs (A) and (B) of subsection (f)(1). The Administrator shall establish a technical assistance advisory board within the Environmental Protection Agency to provide technical assistance to— entities participating in or seeking to participate in the labeling program; entities certified or seeking to become certified under subsection (c)(5)(A)(ii); entities making a voluntary commitment or seeking to make such commitment under subsection (d); and retail food establishments. The technical assistance advisory board under paragraph (1) shall be comprised of subject matter experts and academics, trade associations, consultants, leaders of the Department of Agriculture, and representatives of industry and appropriate organizations. Not later than 3 years after the date of enactment of this section, the Administrator shall establish a program to inform consumers about the labeling program by— providing retail food establishments educational materials and other information to be conveyed to consumers regarding the labeling program, which materials and information shall display the logo (or other identifier) described in subsection (c)(3)(E); and reaching the public through a wide range of venues, including public service announcements and advertising. Any person that violates a requirement of this section shall be subject to a civil penalty of not more than $10,000 for each such violation. Each separate violation of a requirement of this section with respect to a given type of food shall be a separate offense, except that in a case of a violation through continuing failure to obey or neglect to obey an order by the Administrator under this section, each day of continuance of such failure or neglect shall be deemed a separate offense. In a civil action brought under this section, the United States district courts are empowered to grant mandatory injunctions and such other equitable relief as such courts deem appropriate. In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term applicant means a person that— manufactures, imports, distributes, or sells food; and has an application pending under subsection (b) to participate in the labeling program. The term food industry stakeholders means— entities that— grow, raise, process, prepare, manufacture, or otherwise add value to a food product; store, package, repackage, transport, or distribute a food product for wholesale; sell a food product directly to consumers; provide a food-related service to entities that engage in any of the activities described in clauses (i) through (iii); measure, monitor, verify, and report the type of information to be included on the food climate label under subsection (c)(4); represent consumers of food products; or study and analyze the food industry; and other relevant stakeholders, as determined by the Administrator. The term greenhouse gas includes— carbon dioxide; methane; nitrous oxide; sulfur hexafluoride; any hydrofluorocarbon; any perfluorocarbon; nitrogen trifluoride; any fully fluorinated linear, branched, or cyclic— alkane; ether; tertiary amine; or aminoether; any perfluoropolyether; any hydrofluoropolyether; and any other fluorocarbon, except for a fluorocarbon with a vapor pressure of less than 1 millimeter of mercury absolute at 25 degrees Celsius. The term greenhouse gas emission means the release of a greenhouse gas into the ambient air. The term labeling program means the voluntary food climate labeling program established under this section. The term open license means any legally binding instrument that grants permission to access, reuse, and redistribute a work with few or no restrictions. The term participant means, with respect to food, the person authorized pursuant to subsection (b) to place the food climate label developed under subsection (c) on the food or its labeling.