Page:United States Statutes at Large Volume 104 Part 4.djvu/48

 104 STAT. 2364 PUBLIC LAW 101-535—NOV. 8, 1990 of a State may establish or continue in effect as to any food in interstate commerce any requirement which is not identical to the requirement of such section. (C) Within 24 months of the date of the enactment of this Act, the Secretary shall publish proposed revisions to the regulations found to be inadequate under subparagraph (B) and within 30 months of such date shall issue final revisions. Upon the effective date of such final revisions, no State or political subdivision may establish or continue in effect any requirement which is not identical to the requirement of the section which had its regulations revised in accordance with this subparagraph. (D)(i) If the Secretary does not issue a final list in accordance with subparagraph (B), the proposed list issued under subparagraph (A) shall be considered the final list and States and political subdivisions shall be preempted with respect to sections found to be adequate in such proposed list in accordance with subparagraph (B). (ii) If the Secretary does not issue final revisions of regulations in accordance with subparagraph (C), the proposed revisions issued under such subparagraph shall be considered the final revisions and States and political subdivisions shall be preempted with respect to sections the regulations of which are revised by the proposed revisions. (E) Subsection (b) of section 403A of the Federal Food, Drug, and Cosmetic Act shall apply with respect to the prohibition prescribed by subparagraphs (B) and (C). 21 USC 343-1 (c) CONSTRUCTION. — (1) The Nutrition Labeling and Education Act of 1990 shall not be construed to preempt any provision of State law, unless such provision is expressly preempted under section 403A of the Federal Food, Drug, and Cosmetic Act. (2) The amendment made by subsection (a) and the provisions of subsection 0?) shall not be construed to apply to any requirement respecting a statement in the labeling of food that provides for a warning concerning the safety of the food or component of the food. (3) The amendment made by subsection (a), the provisions of subsection 0)) and paragraphs (1) and (2) of this subsection shall not be construed to affect preemption, express or implied, of any such requirement of a State or political subdivision, which may arise under the Constitution, any provision of the Federal Food, Drug, and Cosmetic Act not amended by subsection (a), any other Federal law, or any Federal regulation, order, or other final agency action reviewable under chapter 7 of title 5, United States Code. SEC. 7. INGREDIENTS. Section 403(i) (21 U.S.C. 343(i)) is amended— (1) by striking out "If it is not subject to par^raph (g) of this section unless" and inserting in lieu thereof "Unless", (2) by inserting before "; except" the following: "and if the food purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of such fruit or vegetable juice contained in the food", and (3) by striking out "colorings" and inserting in lieu thereof "colors not required to be certified under section 706(c)". note.

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