Montana LC 1430: Create a food safety panel

Bill Text

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69th Legislature 2025 LC1430.1
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1 _____________ BILL NO. _____________
2 INTRODUCED BY _________________________________________________
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT AUTHORIZING THE DEPARTMENT OF PUBLIC HEALTH AND
5 HUMAN SERVICES TO LIMIT CERTAIN FOODS BASED ON RECOMMENDATIONS FROM THE PANEL ON
6 FOOD SAFETY; CREATING THE PANEL ON FOOD SAFETY; PROVIDING QUALIFICATIONS FOR THE
7 PANEL; REQUIRING THE ADOPTION AND ENFORCEMENT OF RULES BY THE DEPARTMENT OF
8 PUBLIC HEALTH AND HUMAN SERVICES WITH ASSISTANCE FROM THE UNITED STATES FOOD AND
9 DRUG ADMINISTRATION; ESTABLISHING REPORTING REQUIREMENTS; AND AMENDING SECTIONS
10 50-1-202, 50-31-108, 50-31-109, AND 80-1-104, MCA.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1. Panel on food safety. (1) There is a panel on food safety.
15 (2) The panel is allocated to the department of public health and human services for administrative
16 purposes only as prescribed in 2-15-121.
17 (3) The panel consists of six members.
18 (a) The governor shall appoint three members, who must have scientific expertise in:
19 (i) chemical risk assessment and safety assessment of food additives and flavoring substances;
20 (ii) toxicology;
21 (iii) toxicity testing;
22 (iv) toxicokinetics and toxicodynamics of substances;
23 (v) chemistry;
24 (vi) exposure assessment and consumption surveys; or
25 (vii) food technology.
26 (b) The speaker of the house shall appoint three members of the public to serve on the panel as
27 representatives of Montana society at large.
28 (c) A representative of the department of public health and human services may participate on the

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69th Legislature 2025 LC1430.1
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1 panel as a nonvoting member.
2 (4) Panel members shall serve staggered 4-year terms. A vacancy on the panel for an unexpired
3 term must be filled by appointment by the governor or the speaker of the house. A member who previously
4 served an abbreviated term may be reappointed for a full 4-year term.
5 (5) The panel shall meet quarterly.
6 (6) Panel members shall serve without compensation but may be reimbursed as provided in 2-18-
7 501 through 2-18-503.
8
9 NEW SECTION. Section 2. Panel on food safety -- purpose. The panel shall:
10 (1) consider and study the cumulative effect of food additives and color additives in the diet, as
11 well as any chemically or pharmacologically related substances in the diet;
12 (2) set the cumulative amounts that are safe based on the toxicity data the United States food and
13 drug administration has on food additives, consumption statistics, and cumulative effects; and
14 (3) advise and make recommendations to the department of public health and human services on
15 limiting the availability of food containing a food additive or a color additive determined to have a negative, toxic
16 effect.
17
18 NEW SECTION. Section 3. Panel on food safety -- reporting. (1) (a) The panel shall compile and
19 submit reports to the department every 12 months.
20 (b) The department shall post a copy of the report on a state digital access system to ensure public
21 access to the report.
22 (2) The panel shall compile and submit a report to the environmental quality council biennially in
23 accordance with 5-11-210.
24 (3) (a) Within 2 years of [the effective date of this act], the panel shall issue a report providing a list
25 of additives for regulation that includes safe levels of additives based on the cumulative amount in the food
26 supply.
27 (b) The report must provide the rationale for the decision reached.
28 (c) The report issued by the panel must be supported by a majority of the panel members.

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69th Legislature 2025 LC1430.1
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1 (4) (a) The panel may send out surveys to relevant parties, including but not limited to companies,
2 producers, and manufacturers, to determine current usage of food additives and color additives, as well as any
3 other chemical or pharmacologically related substances determined by the panel.
4 (b) Relevant parties shall provide each panel member with a hard copy and an electronic copy of
5 the information requested by the panel.
6
7 Section 4. Section 50-1-202, MCA, is amended to read:
8 "50-1-202. General powers and duties. (1) In order to carry out the purposes of the public health
9 system to protect and promote the public health, the department, in collaboration with federal, state, and local
10 partners, shall:
11 (a) make inspections for conditions of public health importance and issue written orders for
12 correction, destruction, or removal of the condition;
13 (b) disseminate information and make recommendations for control of diseases and other
14 conditions of public health importance;
15 (c) at the request of the governor, accept funds for and administer any federal health program for
16 which responsibilities are delegated to states;
17 (d) i