Mercury in Dental Filling Disclosure/Prohibition Act- Bill in House

[Guest guest]

Why should they wait so long to enact something this important?

Cheers, Doug

-

Misty L. Trepke

Thursday, January 22, 2004 12:24 PM

[s-A] [NatFamLife] Mercury in Dental Filling Disclosure/Prohibition

Act- Bill in House

 

 

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Misty L. Trepke

http://www..com

 

Mercury in Dental Filling Disclosure and Prohibition Act

(Introduced in House)

 

http://thomas.loc.gov/cgi-bin/query/D?c108:4:./temp/~c108FqqjS1::

 

HR 1680 IH

108th CONGRESS

1st Session

H. R. 1680

To prohibit after 2008 the introduction into interstate commerce of

mercury intended for use in a dental filling, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 8, 2003

Ms. WATSON (for herself and Mr. BURTON of Indiana) introduced the

following bill; which was referred to the Committee on Energy and

Commerce

 

 

A BILL To prohibit after 2008 the introduction into interstate

commerce of mercury intended for use in a dental filling, and for

other purposes. Be it enacted by the Senate and House of

Representatives of the United States of America in Congress

assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mercury in Dental Filling Disclosure

and Prohibition Act'.

 

SEC. 2. FINDINGS.

The Congress finds as follows:

 

(1) Mercury is a highly toxic element.

 

 

(2) A dental amalgam, commonly referred to as a `silver filling',

consists of 43 to 54 percent mercury .

 

 

(3) Consumers may be deceived by the use of the term `silver' to

describe a dental amalgam, which contains substantially more mercury

than silver.

 

 

(4) Dental amalgam may contain about 1/2 to 3/4 of a gram of

mercury , depending on the size of the filling.

 

 

(5) The mercury in a dental amalgam continually emits mercury vapors.

 

 

(6) Mercury toxicity is a retention toxicity that builds up over

years of exposure.

 

 

(7) The California Dental Association, by court order, is sending

health warnings about mercury fillings to California dental offices

for posting by March 9, 2003. The warnings are to read `NOTICE TO

PATIENTS: PROPOSITION 65 WARNING: Dental Amalgam, used in many

dental fillings, causes exposure to mercury , a chemical known to

the state of California to cause birth defects or other reproductive

harm'.

 

 

(8) According to certain scientific studies, Health Canada, and the

Agency for Toxic Substances and Disease Registry of the Public

Health Service of the Department of Health and Human Services,

children and pregnant women are at particular risk for exposure to

mercury contained in dental amalgam.

 

 

(9) The United States Food and Drug Administration added Health

Canada warnings regarding mercury in dental amalgam to a consumer

update issued on December 31, 2002.

 

 

(10) According to the Agency for Toxic Substances and Disease

Registry, the mercury from amalgam goes through the placenta of

pregnant women and through the breast milk of lactating women,

giving rise to health risks to an unborn child or a baby.

 

 

(11) The Environmental Protection Agency considers removed amalgam

filling and extracted teeth containing amalgam material to be

hazardous waste.

 

 

(12) A report issued June 5, 2002, by the Mercury Policy Project, the

Sierra Club, Health Care Without Harm, and the Toxics Action Center

stated that because of mercury fillings dental offices are now the

leading source of mercury in the Nation's wastewater.

 

 

(13) The use of mercury in any product being put into the body is

opposed by many health groups, such as the American Public Health

Association, the California Medical Association, and Health Care

Without Harm.

 

 

(14) Consumers and parents have a right to know, in advance, the

risks of placing a product containing a substantial amount of

mercury in their mouths or the mouths of their children.

 

 

(15) Alternatives to mercury -based dental fillings exist, but many

publicly and privately financed health plans do not allow consumers

to choose alternatives to mercury amalgam.

 

 

SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL AMALGAM INTO INTERSTATE

COMMERCE.

(a) PROHIBITION- Section 501 of the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. 351) is amended by adding at the end the following:

 

`(j) Effective January 1, 2008, if it contains mercury intended for

use in a dental filling.'.

 

(b) TRANSITIONAL PROVISION- For purposes of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 301 et seq.), effective December 31,

2004, and subject to subsection (a), a device that contains mercury

intended for use in a dental filling shall be considered to be

misbranded, unless it bears a label that provides as follows:

`Dental amalgam contains approximately 50 percent mercury ,

a highly toxic element. Such product should not be administered to

children less than 18 years of age, pregnant women, or lactating

women. Such product should not be administered to any consumer

without a warning that the product contains mercury , which is a

highly toxic element, and therefore poses health risks.'.