Page:United States Statutes at Large Volume 111 Part 3.djvu/265

 PUBLIC LAW 105-115—NOV. 21, 1997 111 STAT. 2353 SEC. 305. REFERRAL STATEMENTS. Section 403(r)(2)(B) (21 U.S.C. 343(r)(2)(B)) is amended to read as follows: "(B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that increases to persons in the general population the risk of a disease or healthrelated condition that is diet related, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, the following statement: 'See nutrition information for content.' The blank shall identify the nutrient associated with the increased disease or health-related condition risk. In making the determination described in this clause, the Secretary shall take into account the significance of the food in the total daily diet.". SEC. 306. DISCLOSURE OF ffiRADL^TION. Chapter IV (21 U.S.C. 341 et seq.) is amended by inserting after section 403B the following: "DISCLOSURE "SEC. 403C. (a) No provision of section 201(n), 403(a), or 409 21 USC 343-3. shall be construed to require on the label or labeling of a food a separate radiation disclosure statement that is more prominent than the declaration of ingredients required by section 403(i)(2). "(b) In this section, the term 'radiation disclosure statement' means a written statement that discloses that a food has been intentionally subject to radiation.", SEC. 307. IRRADIATION PETITION. Not later than 60 days following the date of the enactment of this Act, the Secretary of Health and Human Services shall make a final determination on any petition pending with the Food and Drug Administration that would permit the irradiation of red meat under section 409(b)(1) of the Federal Food, Drug, and Cosmetic Act. If the Secretary does not make such determination, the Secretary shall, not later than 60 days following the date of the enactment of this Act, provide the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate an explanation of the process followed by the Food and Drug Administration in reviewing the petition referred to in paragraph (1) and the reasons action on the petition was delayed. SEC. 308. GLASS AND CERAMIC WARE. 21 USC 348 note. (a) IN GENERAL. —The Secretary may not implement any requirement which would ban, as an unapproved food additive, lead and cadmium based enamel in the lip and rim area of glass and ceramic ware before the expiration of one year after the date such requirement is published. (b) LEAD AND CADMIUM BASED ENAMEL.— Unless the Secretary determines, based on available data, that lead and cadmium based enamel on glass and ceramic ware— (1) which has less than 60 millimeters of decorating area below the external rim, and (2) which is not, by design, representation, or custom of usage intended for use by children.

�