Page:United States Statutes at Large Volume 104 Part 4.djvu/46

 104 STAT. 2362 PUBLIC LAW 101-535 —NOV. 8, 1990 the date of the enactment of this Act, the proposed regulations issued in accordance with paragraph (1)(A) shall be considered as the final regulations upon the expiration of such 24 months. Federal There shall be promptly published in the Federal Register ^^bl^^T notice of the new status of the proposed regulations. SEC. 4. STATE ENFORCEMENT. Section 307 (21 U.S.C. 337) is amended by striking out "All such proceedings" and inserting in lieu thereof "(a) Except as provided in subsection 0?), all such proceedings" and by adding at the end the following: "O^XD A State may bring in its own name and within its jurisdiction proceedings for the civil enforcement, or to restrain violations, of sections 401,403(b), 403(c), 403(d), 403(e), 403(f), 403(g), 403(h), 403(i), 403(k), 403(q), or 403(r) if the food that is the subject of the proceedings is located in the State. "(2) No proceeding may be commenced by a State under paragraph (D— "(A) before 30 days after the State has given notice to the Secretary that the State intends to bring such proceeding, "(B) before 90 days after the State has given notice to the Secretary of such intent if the Secretary has, within such 30 days, commenced an informal or formal enforcement action pertaining to the food which would be the subject of such proceeding, or "(C) if the Secretary is diligently prosecuting a proceeding in court pertaining to such food, has settled such proceeding, or has settled the informal or formal enforcement action pertaining to such food. In any court proceeding described in subparagraph (C), a State may intervene as a matter of right.", and (2) in the last sentence, by striking out "any such proceeding" and inserting in lieu thereof "any proceeding under this section". SEC. 5. CONFORMING AMENDMENTS. (a) SECTION 405. — Section 405 (21 U.S.C. 345) is amended by adding at the end the following: "This section does not apply to the labeling requirements of sections 403(q) and 403(r).", (b) DRUGS.—Section 201(g)(1) (21 U.S.C. 321(g)(1)) is amended by adding at the end the following: "A food for which a claim, subject to sections 403(r)(l)(B) and 403(r)(3) or sections 403(r)(l)(B) and 403(r)(5)(D), is made in accordance with the requirements of section 403(r) is not a drug under clause (B) solely because the label or labeling contains such a claim.". SEC. 6. NATIONAL UNIFORM NUTRITION LABELING. (a) PREEMPTION.— Chapter IV is amended by adding after section 403 the following new section: 21 USC 343-1. "SEC. 403A. (a) Except as provided in subsection (b), no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce— "(1) any requirement for a food which is the subject of a standard of identity established under section 401 that is not identical to such standard of identity or that is not identical to the requirement of section 403(g),

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