Page:United States Statutes at Large Volume 104 Part 4.djvu/49

 PUBLIC LAW 101-535—NOV. 8, 1990 104 STAT. 2365 SEC. 8. STANDARD OF IDENTITY REGULATION. Section 701(e) (21 U.S.C. 371(e)) is amended by striking out "Any action for the issuance, amendment, or repeal of any regulation under section 401, 403(j), 404(a), 406, 501(b), or 502 (d) or (h) of this Act" and inserting in lieu thereof the following: "Any action for the issuance, amendment, or repeal of any regulation under section 403(j), 404(a), 406, 5010)), or 502 (d) or (h) of this Act, and any action for the amendment or repeal of any definition and standard of identity under section 401 of this Act for any dairy product (including products regulated under parts 131, 133 and 135 of title 21, Code of Federal Regulations) or maple sirup (regulated under section 168.140 of title 21, Code of Federal Regulations). SEC. 9. CONSTRUCTION. 21 USC 343 note. The amendments made by this Act shall not be construed to alter the authority of the Secretary of Health and Human Services and the Secretary of Agriculture under the Federal Food, Drug, and Cosmetic Act, the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act. SEC. 10. EFFECTIVE DATE. 21 USC 343 note. (a) IN GENERAL.— (1) Except as provided in paragraph (2)— (A) the amendments made by section 2 shall take effect 6 months after— (i) the date of the promulgation of all final regulations required to implement section 403(q) of the Federal Food, Drug, and Cosmetic Act, or (ii) if such regulations are not promulgated, the date proposed regulations are to be considered as such final regulations, except that section 403(q)(4) of such Act shall take effect as prescribed by such section, (B) the amendments made by section 3 shall take effect 6 months after— (i) the date of the promulgation of final regulations to implement section 403(r) of the Federal Food, Drug, and Cosmetic Act, or (ii) if such regulations are not promulgated, the date proposed regulations are to be considered as such final regulations, except that any person marketing a food the brand name of which contains a term defined by the Secretary under section 403(r)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act shall be given an additional 6 months to comply with section 3, (C) the amendments made by section 4 shall take effect 24 months after the date of the enactment of this Act, and (D) the amendments made by section 5 shall take effect on the date the amendments made by section 3 take effect. (2) Section 403(q) of the Federal Food, Drug, and Cosmetic Act (as added by section 2) shall not apply with respect to food which was labeled before the effective date of the amendments made by section 2 and section 403(r) of the Federal Food, Drug, and Cosmetic Act (as added by section 3) shall not apply with respect to food which was labeled before the effective date of the amendments made by section 3.

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