S 1258
Stephen Hacala Poppy Seed Safety Act
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Bill overview
This bill, the Stephen Hacala Poppy Seed Safety Act, aims to prevent the sale of poppy seeds that contain unsafe levels of morphine or other opiate alkaloids. It’s prompted by cases of death and adverse health outcomes linked to consuming contaminated poppy seeds, including issues with childbirth and military drug tests. The bill directs the Department of Health and Human Services to establish specific contamination limits for poppy seeds to determine if they are considered adulterated foods.
Key provisions
- Directs the Secretary of Health and Human Services to establish contamination limits for morphine, codeine, and other compounds in poppy seeds.
- Sets deadlines for the proposed and final rule establishing these contamination limits.
- Addresses the issue of unwashed poppy seeds containing opiate alkaloids, which are not exempt from Controlled Substances Act regulations.
- Recognizes the tragic case of Stephen Hacala, whose death was linked to poppy seed consumption.
- Aims to prevent opiate-related overdoses and scrutiny of child welfare officials.
- Defines poppy seeds as adulterated if they exceed established contamination levels.
- Considers the Department of Defense warning regarding poppy seed consumption.
- References the Controlled Substances Act and its relevance to poppy seed contamination.
Who is affected
- Food manufacturers and distributors
- Consumers of food products
- The Department of Health and Human Services
- The Department of Defense
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
S. 1258
IN THE SENATE OF THE UNITED STATES
A BILL
To prohibit the sale of food that is, or contains, unsafe poppy seeds.
This Act may be cited as the Stephen Hacala Poppy Seed Safety Act
.
Congress finds as follows:
Stephen Hacala was a 24-year-old from Fayetteville, Arkansas, who was dearly loved by family and friends when he died from morphine intoxication caused by consumption of contaminated poppy seeds.
At least 19 people in the United States have been confirmed to have died from morphine overdoses from contaminated poppy seeds.
Women in the United States have tested positive for opiates in hospitals at childbirth due to poppy seed consumption in food, leading to unwarranted scrutiny from child welfare officials.
In 2023, the Department of Defense issued a warning to all servicemembers to avoid poppy seed consumption due to opiate contamination and the risk of positive drug tests.
Studies of pharmaceutical opiates have found that a dose of just 20 to 50 morphine milligram equivalents per day increases the risk of overdose and death among patients prescribed morphine for pain treatment.
Poppy products purchased in the United States have been found to have up to 2,788 milligrams of morphine per kilogram of seeds after extraction.
While poppy seeds are excluded from the definition of opium poppy
and poppy straw
under the Controlled Substances Act (21 U.S.C. 801 et seq.), that definition does not exclude unwashed poppy seeds that have been contaminated with opium alkaloids from the latex of the plant. The opium alkaloids (inclusive of morphine, codeine, and thebaine), if present as contaminants on poppy seed material, are also not exempted from control under that Act.
It is the purpose of this Act to establish levels for contamination of poppy seeds by morphine, by codeine, and by other illicit compounds, above which poppy seeds shall be considered adulterated foods that are prohibited in interstate commerce.
The Secretary of Health and Human Services shall—
not later than 2 years after the date of enactment of this Act, finalize such rule.
Nothing in this Act shall be construed as exempting poppy seeds that are contaminated by morphine, codeine, another alkaloid compound, or any other compound designated by the Secretary of Health and Human Services under section 3 from regulation under the Controlled Substances Act (21 U.S.C. 801 et seq.).