1 | 1 | | II |
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2 | 2 | | 119THCONGRESS |
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3 | 3 | | 1 |
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4 | 4 | | STSESSION S. 1258 |
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5 | 5 | | To prohibit the sale of food that is, or contains, unsafe poppy seeds. |
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6 | 6 | | IN THE SENATE OF THE UNITED STATES |
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7 | 7 | | APRIL2, 2025 |
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8 | 8 | | Mr. C |
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9 | 9 | | OTTON(for himself, Mr. BLUMENTHAL, and Mr. BOOZMAN) introduced |
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10 | 10 | | the following bill; which was read twice and referred to the Committee |
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11 | 11 | | on Health, Education, Labor, and Pensions |
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12 | 12 | | A BILL |
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13 | 13 | | To prohibit the sale of food that is, or contains, unsafe |
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14 | 14 | | poppy seeds. |
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15 | 15 | | Be it enacted by the Senate and House of Representa-1 |
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16 | 16 | | tives of the United States of America in Congress assembled, 2 |
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17 | 17 | | SECTION 1. SHORT TITLE. 3 |
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18 | 18 | | This Act may be cited as the ‘‘Stephen Hacala Poppy 4 |
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19 | 19 | | Seed Safety Act’’. 5 |
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20 | 20 | | SEC. 2. FINDINGS; PURPOSE. 6 |
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21 | 21 | | (a) F |
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22 | 22 | | INDINGS.—Congress finds as follows: 7 |
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23 | 23 | | (1) Stephen Hacala was a 24-year-old from 8 |
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24 | 24 | | Fayetteville, Arkansas, who was dearly loved by fam-9 |
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25 | 25 | | ily and friends when he died from morphine intoxica-10 |
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27 | 27 | | ssavage on LAPJG3WLY3PROD with BILLS 2 |
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28 | 28 | | •S 1258 IS |
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29 | 29 | | tion caused by consumption of contaminated poppy 1 |
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30 | 30 | | seeds. 2 |
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31 | 31 | | (2) At least 19 people in the United States have 3 |
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32 | 32 | | been confirmed to have died from morphine 4 |
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33 | 33 | | overdoses from contaminated poppy seeds. 5 |
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34 | 34 | | (3) Women in the United States have tested 6 |
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35 | 35 | | positive for opiates in hospitals at childbirth due to 7 |
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36 | 36 | | poppy seed consumption in food, leading to unwar-8 |
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37 | 37 | | ranted scrutiny from child welfare officials. 9 |
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38 | 38 | | (4) In 2023, the Department of Defense issued 10 |
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39 | 39 | | a warning to all servicemembers to avoid poppy seed 11 |
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40 | 40 | | consumption due to opiate contamination and the 12 |
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41 | 41 | | risk of positive drug tests. 13 |
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42 | 42 | | (5) Studies of pharmaceutical opiates have 14 |
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43 | 43 | | found that a dose of just 20 to 50 morphine milli-15 |
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44 | 44 | | gram equivalents per day increases the risk of over-16 |
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45 | 45 | | dose and death among patients prescribed morphine 17 |
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46 | 46 | | for pain treatment. 18 |
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47 | 47 | | (6) Poppy products purchased in the United 19 |
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48 | 48 | | States have been found to have up to 2,788 milli-20 |
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49 | 49 | | grams of morphine per kilogram of seeds after ex-21 |
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50 | 50 | | traction. 22 |
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51 | 51 | | (7) While poppy seeds are excluded from the 23 |
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52 | 52 | | definition of ‘‘opium poppy’’ and ‘‘poppy straw’’ 24 |
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53 | 53 | | under the Controlled Substances Act (21 U.S.C. 801 25 |
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56 | 56 | | •S 1258 IS |
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57 | 57 | | et seq.), that definition does not exclude unwashed 1 |
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58 | 58 | | poppy seeds that have been contaminated with 2 |
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59 | 59 | | opium alkaloids from the latex of the plant. The 3 |
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60 | 60 | | opium alkaloids (inclusive of morphine, codeine, and 4 |
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61 | 61 | | thebaine), if present as contaminants on poppy seed 5 |
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62 | 62 | | material, are also not exempted from control under 6 |
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63 | 63 | | that Act. 7 |
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64 | 64 | | (b) P |
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65 | 65 | | URPOSE.—It is the purpose of this Act to estab-8 |
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66 | 66 | | lish levels for contamination of poppy seeds by morphine, 9 |
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67 | 67 | | by codeine, and by other illicit compounds, above which 10 |
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68 | 68 | | poppy seeds shall be considered adulterated foods that are 11 |
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69 | 69 | | prohibited in interstate commerce. 12 |
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70 | 70 | | SEC. 3. UNSAFE POPPY SEEDS AS ADULTERANTS IN FOOD. 13 |
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71 | 71 | | The Secretary of Health and Human Services shall— 14 |
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72 | 72 | | (1) not later than 1 year after the date of en-15 |
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73 | 73 | | actment of this Act, issue a proposed rule estab-16 |
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74 | 74 | | lishing levels for contamination of poppy seeds by 17 |
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75 | 75 | | morphine, by codeine, and by any other compound 18 |
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76 | 76 | | which the Secretary may designate, above which 19 |
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77 | 77 | | poppy seeds shall be deemed adulterated under sec-20 |
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78 | 78 | | tion 402 of the Federal Food, Drug, and Cosmetic 21 |
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79 | 79 | | Act (42 U.S.C. 342); and 22 |
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80 | 80 | | (2) not later than 2 years after the date of en-23 |
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81 | 81 | | actment of this Act, finalize such rule. 24 |
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84 | 84 | | •S 1258 IS |
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85 | 85 | | SEC. 4. POPPY SEEDS AS A CONTROLLED SUBSTANCE. 1 |
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86 | 86 | | Nothing in this Act shall be construed as exempting 2 |
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87 | 87 | | poppy seeds that are contaminated by morphine, codeine, 3 |
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88 | 88 | | another alkaloid compound, or any other compound des-4 |
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89 | 89 | | ignated by the Secretary of Health and Human Services 5 |
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90 | 90 | | under section 3 from regulation under the Controlled Sub-6 |
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91 | 91 | | stances Act (21 U.S.C. 801 et seq.). 7 |
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92 | 92 | | Æ |
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94 | 94 | | ssavage on LAPJG3WLY3PROD with BILLS |
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