Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1258 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1258
55 To prohibit the sale of food that is, or contains, unsafe poppy seeds.
66 IN THE SENATE OF THE UNITED STATES
77 APRIL2, 2025
88 Mr. C
99 OTTON(for himself, Mr. BLUMENTHAL, and Mr. BOOZMAN) introduced
1010 the following bill; which was read twice and referred to the Committee
1111 on Health, Education, Labor, and Pensions
1212 A BILL
1313 To prohibit the sale of food that is, or contains, unsafe
1414 poppy seeds.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘Stephen Hacala Poppy 4
1919 Seed Safety Act’’. 5
2020 SEC. 2. FINDINGS; PURPOSE. 6
2121 (a) F
2222 INDINGS.—Congress finds as follows: 7
2323 (1) Stephen Hacala was a 24-year-old from 8
2424 Fayetteville, Arkansas, who was dearly loved by fam-9
2525 ily and friends when he died from morphine intoxica-10
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2929 tion caused by consumption of contaminated poppy 1
3030 seeds. 2
3131 (2) At least 19 people in the United States have 3
3232 been confirmed to have died from morphine 4
3333 overdoses from contaminated poppy seeds. 5
3434 (3) Women in the United States have tested 6
3535 positive for opiates in hospitals at childbirth due to 7
3636 poppy seed consumption in food, leading to unwar-8
3737 ranted scrutiny from child welfare officials. 9
3838 (4) In 2023, the Department of Defense issued 10
3939 a warning to all servicemembers to avoid poppy seed 11
4040 consumption due to opiate contamination and the 12
4141 risk of positive drug tests. 13
4242 (5) Studies of pharmaceutical opiates have 14
4343 found that a dose of just 20 to 50 morphine milli-15
4444 gram equivalents per day increases the risk of over-16
4545 dose and death among patients prescribed morphine 17
4646 for pain treatment. 18
4747 (6) Poppy products purchased in the United 19
4848 States have been found to have up to 2,788 milli-20
4949 grams of morphine per kilogram of seeds after ex-21
5050 traction. 22
5151 (7) While poppy seeds are excluded from the 23
5252 definition of ‘‘opium poppy’’ and ‘‘poppy straw’’ 24
5353 under the Controlled Substances Act (21 U.S.C. 801 25
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5757 et seq.), that definition does not exclude unwashed 1
5858 poppy seeds that have been contaminated with 2
5959 opium alkaloids from the latex of the plant. The 3
6060 opium alkaloids (inclusive of morphine, codeine, and 4
6161 thebaine), if present as contaminants on poppy seed 5
6262 material, are also not exempted from control under 6
6363 that Act. 7
6464 (b) P
6565 URPOSE.—It is the purpose of this Act to estab-8
6666 lish levels for contamination of poppy seeds by morphine, 9
6767 by codeine, and by other illicit compounds, above which 10
6868 poppy seeds shall be considered adulterated foods that are 11
6969 prohibited in interstate commerce. 12
7070 SEC. 3. UNSAFE POPPY SEEDS AS ADULTERANTS IN FOOD. 13
7171 The Secretary of Health and Human Services shall— 14
7272 (1) not later than 1 year after the date of en-15
7373 actment of this Act, issue a proposed rule estab-16
7474 lishing levels for contamination of poppy seeds by 17
7575 morphine, by codeine, and by any other compound 18
7676 which the Secretary may designate, above which 19
7777 poppy seeds shall be deemed adulterated under sec-20
7878 tion 402 of the Federal Food, Drug, and Cosmetic 21
7979 Act (42 U.S.C. 342); and 22
8080 (2) not later than 2 years after the date of en-23
8181 actment of this Act, finalize such rule. 24
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8585 SEC. 4. POPPY SEEDS AS A CONTROLLED SUBSTANCE. 1
8686 Nothing in this Act shall be construed as exempting 2
8787 poppy seeds that are contaminated by morphine, codeine, 3
8888 another alkaloid compound, or any other compound des-4
8989 ignated by the Secretary of Health and Human Services 5
9090 under section 3 from regulation under the Controlled Sub-6
9191 stances Act (21 U.S.C. 801 et seq.). 7
9292 Æ
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