Page:United States Statutes at Large Volume 111 Part 3.djvu/288

 Ill STAT. 2376 PUBLIC LAW 105-115—NOV. 21, 1997 any labeling on which a name for such drug or ingredient is used) shall be printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient, except that to the extent that compliance with the requirements of subclause (ii) or (iii) of clause (A) or this clause is impracticable, exemptions shall be established by regulations promulgated by the Secretary.". (d) COSMETICS. — Subchapter F of chapter VTI, as amended by subsection (a), is further amended by adding at the end the following: 21 USC 379s. "SEC. 752. PREEMPTION FOR LABELING OR PACKAGING OF COSMETICS. "(a) IN GENERAL.— Except as provided in subsection (b), (d), or (e), no State or political subdivision of a State may establish or continue in effect any requirement for labeling or packaging of a cosmetic that is different from or in addition to, or that is otherwise not identical with, a requirement specifically applicable to a particular cosmetic or class of cosmetics under this Act, the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.), or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.). "(b) EXEMPTION. —Upon application of a State or political subdivision thereof, the Secretary may by regulation, after notice and opportunity for written and oral presentation of views, exempt from subsection (a), under such conditions as may be prescribed in such regulation, a State or political subdivision requirement for labeling or packaging that— "(1) protects an important public interest that would otherwise be unprotected; "(2) would not cause a cosmetic to be in violation of any applicable requirement or prohibition under Federal law; and "(3) would not unduly burden interstate commerce. "(c) SCOPE.—For purposes of subsection (a), a reference to a State requirement that relates to the packaging or labeling of a cosmetic means any specific requirement relating to the same aspect of such cosmetic as a requirement specifically applicable to that particular cosmetic or class of cosmetics under this Act for packaging or labeling, including any State requirement relating to public information or any other form of public communication. "(d) No EFFECT ON PRODUCT LIABILITY LAW.— Nothing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State. "(e) STATE INITIATIVE. —This section shall not apply to a State requirement adopted by a State public initiative or referendum enacted prior to September 1, 1997. ". 21 USC 393 note. SEC. 413. FOOD AND DRUG ADMINISTRATION STUDY OF MERCURY COMPOUNDS IN DRUGS AND FOOD. (a) LIST AND ANALYSIS.— The Secretary of Health and Human Services shall, acting through the Food and Drug Administration— (1) compile a list of drugs and foods that contain intentionally introduced mercury compounds, and (2) provide a quantitative and qualitative analysis of the mercury compounds in the list under paragraph (1). The Secretary shall compile the list required by paragraph (1) within 2 years after the date of enactment of the Food and Drug Administration Modernization Act of 1997 and shall provide the

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