S 1155 IS

To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes.

To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, 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 `National Uniformity for Food Act of 1999'.

SEC. 2. NATIONAL UNIFORMITY FOR FOOD.

(a) NATIONAL UNIFORMITY- Section 403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is amended--

(1) by striking `or' at the end of paragraph (4);

(2) in paragraph (5), by striking the period and inserting a comma; and

(3) by adding at the end the following:

`(6) any requirement for the labeling of food described in section 403(j), or 403(s), that is not identical to the requirement of such section, or

`(7) any requirement for a food described in section 402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 402(f), 402(g), 404, 406, 408, 409, 512, or 721(a), that is not identical to the requirement of such section.'.

(b) UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION REQUIREMENTS- Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended--

(1) by redesignating sections 403B and 403C as sections 403C and 403D, respectively; and

(2) by inserting after section 403A the following new section:

`SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION REQUIREMENTS.

`(a) UNIFORMITY REQUIREMENT-

`(1) IN GENERAL- Except as provided in subsections (b) and (c), no State or political subdivision of a State may, directly or indirectly, establish or continue in effect under any authority any notification requirement for a food that provides for a warning concerning the safety of the food, or any component or package of the food, unless such a notification requirement has been prescribed under the authority of this Act and the State or political subdivision notification requirement is identical to the notification requirement prescribed under the authority of this Act.

`(2) DEFINITIONS- For purposes of paragraph (1)--

`(A) the term `notification requirement' includes any mandatory disclosure requirement relating to the dissemination of information about a food by a manufacturer or distributor of a food in any manner, such as through a label, labeling, poster, public notice, advertising, or any other means of communication, but not relating to notification, disclosure, or other dissemination of information by a State or political subdivision;

`(B) the term `warning', used with respect to a food, means any statement, vignette, or other representation that indicates, directly or by implication, that the food presents or may present a hazard to health or safety; and

(C) a reference to a notification requirement that provides for a warning shall not be construed to refer to any requirement or prohibition relating to food safety that does not involve a notification requirement.

`(b) EXEMPTIONS AND NATIONAL STANDARDS-

`(1) EXEMPTIONS- Any State may petition the Secretary to provide by regulation, after providing notice and an opportunity for written and oral presentation of views during a public comment period described in paragraph (3), an exemption from paragraph (6) or (7) of section 403A(a) or subsection (a), for a requirement of the State or a political subdivision of the State. The Secretary may provide such an exemption, under such conditions as the Secretary may impose, for such a requirement that--

`(A) protects an important public interest that would otherwise be unprotected, in the absence of the exemption;

`(B) would not cause any food to be in violation of any applicable requirement or prohibition under Federal law; and]

`(C) would not unduly burden interstate commerce, balancing the importance of the public interest of the State or political subdivision against the impact on interstate commerce.

`(2) NATIONAL STANDARDS- Any State may petition the Secretary to establish by regulation, after providing notice and an opportunity for written and oral presentation of views during a public comment period described in paragraph (3), a national standard respecting any requirement under this Act or the

`(3) ACTION ON PETITIONS-

`(A) PUBLICATION- Not later than 30 days after receipt of any petition under paragraph (1) or (2), the Secretary shall publish such petition in the Federal Register for public comment during a period specified by the Secretary.

`(B) TIME PERIODS FOR ACTION- Not later than 60 days after the end of the period for public comment, the Secretary shall take action on the petition. If the Secretary is unable to take action on the petition during the 60-day period, the Secretary shall inform the petitioner, in writing, the reasons that taking the action is not possible, the date by which the action will be taken, and the action that will be taken or is likely to be taken. In every case, the Secretary shall take action on the petition not later than 120 days after the end of the period for public comment.

`(4) JUDICIAL REVIEW- The failure of the Secretary to comply with any requirement of this subsection shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court.

`(c) IMMINENT HAZARD AUTHORITY-

`(1) IN GENERAL- A State may establish a requirement that would otherwise violate paragraph (6) or (7) of section 403A(a) or subsection (a), if--

`(A) the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences or death;

`(B) the State has informed the Secretary about the matter involved and the Secretary has not initiated enforcement or other regulatory action with respect to the matter;

`(C) a petition is submitted by the State under subsection (b) for an exemption or national standard relating to the requirement not later than the date that the State establishes the requirement under this subsection; and

`(D) the State institutes enforcement action with respect to the matter in compliance with State law following submission of such petition.

`(2) ACTION ON PETITION-

`(A) IN GENERAL- The Secretary shall take action on any petition submitted under paragraph (1)(C) not later than 7 days after the petition is received, notwithstanding subsection (b)(3)(B) and the public comment requirements of subsection (b).

`(B) JUDICIAL REVIEW- The failure of the Secretary to comply with the requirement described in subparagraph (A) shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court.

`(3) DURATION- If a State establishes a requirement in accordance with paragraph (1), the requirement may remain in effect until the Secretary acts on a petition submitted under paragraph (1)(C).

`(d) NO EFFECT ON PRODUCT LIABILITY LAW- Nothing in this section shall be construed to modify or otherwise affect the product liability law of any State.

`(e) NO EFFECT ON IDENTICAL LAW- Nothing in this section or section 403A relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement that is identical to a requirement of this Act, whether or not the Secretary has promulgated a regulation or issued a policy statement relating to the requirement.

`(f) NO EFFECT ON CERTAIN STATE LAW- Nothing in this section or section 403A relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement relating to--

`(1) freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, or a statement of geographic origin; or

`(2) a consumer advisory relating to food sanitation that is imposed on a food service establishment, or that is recommended by the Secretary, under part 3-6 of the Food Code issued by the Food and Drug Administration and referred to in the notice published at 64 Fed. Reg. 8576 (1999) (or any corresponding similar provision of such a Code).'.

(c) CONFORMING AMENDMENT- Section 403A(b) of such Act (21 U.S.C. 343-1(b)) is amended by adding at the end the following:

`The requirements of paragraphs (3) and (4) of section 403B(b) shall apply to any such petition, in the same manner and to the same extent as the requirements apply to a petition described in section 403B(b).'.