Page:United States Statutes at Large Volume 104 Part 4.djvu/47

 PUBLIC LAW 101-535 —NOV. 8, 1990 104 STAT. 2363 "(2) any requirement for the labeling of food of the type required by section 408(c), 403(e), or 403(i)(2) that is not identical to the requirement of such section, "(3) any requirement for the labeling of food of the type required by section 403(b), 403(d), 403(f), 403(h), 403(i)(l), or 403(k) that is not identical to the requirement of such section, "(4) any requirement for nutrition labeling of food that is not identical to the requirement of section 403(q), except a requirement for nutrition labeling of food which is exempt under subclause (i) or (ii) of section 403(q)(5)(A), or "(5) any requirement respecting any claim of the type described in section 403(r)(l) made in the label or labeling of food that is not identical to the requirement of section 403(r), except a requirement respecting a claim made in the label or labeling of food which is exempt under clause (B) of such section. Paragraph (3) shall take effect in accordance with section 6(b) of the Nutrition Labeling and Education Act of 1990. "(b) Upon petition of a State or a political subdivision of a State, the Secretary may exempt from subsection (a), under such conditions as may be prescribed by regulation, any State or local requirement that— "(1) would not cause any food to be in violation of any applicable requirement under Federal law, "(2) would not unduly burden interstate commerce, and "(3) is designed to address a particular need for information which need is not met by the requirements of the sections referred to in subsection (a).". (b) STUDY AND REGULATIONS. — 21 USC 343-1 (1) For the purpose of implementing section 403A(a)(3), the Ocwernment Secretary of Health and Human Services shall enter into a contracts, contract with a public or nonprofit private entity to conduct a study of— (A) State and local laws which require the labeling of food that is of the type required by sections 403(b), 403(d), 403(f), 403(h), 403(i)(l), and 403(k) of the Federal Food, Drug, and Cosmetic Act, and (B) the sections of the Federal Food, Drug, and Cosmetic Act referred to in subparagraph (A) and the regulations issued by the Secretary to enforce such sections to determine whether such sections and regulations adequately implement the purposes of such sections. (2) The contract under paragraph (1) shall provide that the study required by such paragraph shall be completed within 6 months of the date of the enactment of this Act. (3)(A) Within 9 months of the date of the enactment of this Act, the Secretary shall publish a proposed list of sections which are adequately being implemented by regulations as determined under paragraph (1)(B) and sections which are not adequately being implemented by regulations as so determined. After publication of the lists, the Secretary shall provide 60 days for comments on such lists. (B) Within 24 months of the date of the enactment of this Act, the Secretary shall publish a final list of sections which are adequately being implemented by regulations and a list of sections which are not adequately being implemented by regulations. With respect to a section which is found by the Secretary to be adequately implemented, no State or political subdivision

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