Sec. 402. Climate risk disclosure for medical supplies
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Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: The Secretary, in coordination with the Commissioner and the Administrator of the Environmental Protection Agency, shall establish a task force for purposes of developing a strategy to establish climate risk disclosure policies for manufacturers of drugs (including biological products) and devices. The task force established under paragraph
(1)shall— recommend a methodology for drug and device manufacturers to calculate the emissions and climate risk due to clinical use of the drug or device, factoring in emissions from the manufacture, transport, use, processing, reprocessing, and waste relating to the drug or device; recommend a policy and process for mandatory public disclosure of emissions and climate risk relating to drugs and devices; recommend a policy for oversight of disclosures to ensure accuracy and transparency of emissions reporting as described in subparagraph (B), and to ensure that patient safety and necessary access is maintained; develop methods to disseminate information to clinicians for low environmental impact options for clinically equivalent treatment options; develop suggestions for the reduction of emissions by drug and device manufacturers without harming or risking patient safety; and provide technical assistance and establish partnerships to facilitate lower emissions design and manufacture of comparable drugs and comparable devices. The task force established under paragraph
(1)shall be composed of the following: 3 representatives of the Food and Drug Administration, appointed by the Commissioner. 3 representatives of the Environmental Protection Agency, appointed by the Administrator of the Environmental Protection Agency. 3 representatives of the Office of Climate Change and Health Equity of the Department of Health and Human Services, appointed by the Secretary. Not later than 1 year after the date of enactment of the Green New Deal for Health Act , the Secretary shall promulgate regulations to— establish mandatory climate risk disclosure and transparency policies for drugs and devices approved, licensed, or cleared under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act; and incorporate climate risk into policies related to transparency, labeling, and other regulatory policies related to drugs and devices, based on the recommendations of the task force described in subsection (a). There is authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2024, to remain available until expended. .
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Sec. 402
Climate risk disclosure for medical supplies
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