S. 3155Senate115th Congress (2017-2019)In Committee

Protect Our Food From Phthalate Contamination Act

Introduced June 28, 2018

AI-Generated Summary

Updated April 15, 2026 at 10:44 PM UTC

The Protect Our Food From Phthalate Contamination Act would prohibit the use of ortho‑phthalate chemicals in any material that comes into contact with food, including packaging. The ban would take effect two years after the law is passed and would override any existing FDA rules that currently allow these chemicals under certain conditions. The bill also directs the Health and Human Services Secretary to reject any new requests to use ortho‑phthalates and to consider vulnerable groups when evaluating safer alternatives.

Key Provisions

  • Effective two years after enactment, any ortho‑phthalate chemical used as a food‑contact substance is deemed unsafe under the Federal Food, Drug, and Cosmetic Act.
  • All existing FDA regulations that permit ortho‑phthalates in food contact applications are nullified.
  • The HHS Secretary must object to any notification of intended ortho‑phthalate use and cannot issue new safety regulations for them.
  • When reviewing petitions for alternative substances, the Secretary must evaluate potential harms to vulnerable populations such as pregnant women, infants, children, the elderly, and workers with high exposure.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4737)

June 28, 2018

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SenateIntro Referral

Introduced in Senate

June 28, 2018

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4737)

June 28, 2018

Floor Debate

6 members

What members said about S. 3155 on the floor

2 Republicans4 Democrats
Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 28, 2018

Mr. President, today, I am joining with Senator Murray in introducing the Border Zone Reasonableness Restoration Act of 2018. This legislation, if enacted, will establish critical privacy protections…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 28, 2018

Mr. President, I rise today to introduce legislation with my colleague from Maryland, Senator Ben Cardin, which would increase access to preventive bone density screenings and improve osteoporosis…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 28, 2018

Mr. President, I rise today to introduce the Protect Our Food From Phthalate Contamination Act. This bill would ban chemicals called ortho-phthalates from materials that come in contact with our…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 28, 2018

Mr. President, I rise today to introduce the Protect Our Food From Phthalate Contamination Act. This bill would ban chemicals called ortho-phthalates from materials that come in contact with our…

John Cornyn
Sen. John CornynR-TX · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued June 28, 2018

II

115th CONGRESS

2d Session

S. 3155

IN THE SENATE OF THE UNITED STATES

June 28, 2018

Mrs. Feinstein (for herself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To ban the use of ortho-phthalate chemicals as food contact substances.

1.

Short title

This Act may be cited as the Protect Our Food From Phthalate Contamination Act.

2.

Prohibition on use of ortho-phthalate chemicals as food contact substances, including food packaging materials

(a)

In general

Notwithstanding any other provision of law, effective on the date that is 2 years after the date of enactment of this Act—

(1)

the use of any ortho-phthalate chemical as a food contact substance shall be deemed to be unsafe for the purposes of the application of clause (2)(C) of section 402(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a));

(2)

any regulation previously issued under section 409 of such Act (21 U.S.C. 348) prescribing the conditions under which any ortho-phthalate chemical may be safely used as a food contact substance shall have no force or effect; and

(3)

the Secretary of Health and Human Services (referred to in this Act as the Secretary) shall object to any notification of an intended use of an ortho-phthalate chemical as a food contact substance submitted under section 409(h)(1) of such Act, and may not issue regulations prescribing any conditions under which any ortho-phthalate chemical may be safely used as a food contact substance.

(b)

Alternative substances

Notwithstanding any other provision of law, beginning on the date that is 2 years after the date of enactment of this Act, in acting in response to any petition under section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) to establish safety with respect to a food contact substance that the Secretary determines to be an alternative to an ortho-phthalate chemical, in addition to the criteria under subsection (c) of such section 409, the Secretary shall consider potential adverse effects of exposure to the substance on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure, including workers who are exposed through production practices or handling of final products.