Page:United States Statutes at Large Volume 116 Part 1.djvu/694

 116 STAT. 668 PUBLIC LAW 107-188—JUNE 12, 2002 to this subsection shall not be subject to disclosure under section 552 of title 5, United States Code. Information derived from such list or registration docimients shall not be subject to disclosm-e under section 552 of title 5, United States Code, to the extent that it discloses the identity or location of a specific registered person. "(b) FACILITY.—For purposes of this section: "(1) The term 'facility' includes any factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer) that manufactures, processes, packs, or holds food. Such term does not include farms; restaurants; other retail food establishments; nonprofit food establishments in which food is prepared for or served directly to the consumer; or fishing vessels (except such vessels engaged in processing as defined in section 123.3(k) of title 21, Code of Federal Regulations). "(2) The term 'domestic facility' means a facility located in any of the States or Territories. ''(3)(A) The term 'foreign facility' mesuis a facility that manufacturers, processes, packs, or holds food, but only if food from such facility is exported to the United States without further processing or packaging outside the United States. "(B) A food may not be considered to have undergone further processing or packaging for purposes of subparagraph (A) solely on the basis that labeling was added or that any similar activity of a de minimis nature was carried out with respect to the food. "(c) RULE OF CONSTRUCTION.— Nothing in this section shall be construed to authorize the Secretary to require an application, review, or licensing process.". (b) PROfflBiTED ACTS.— Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), as amended by section 304(d) of this Act, is amended by adding at the end the following: "(dd) The failure to register in accordance with section 415.". (c) IMPORTATION; FAILURE TO REGISTER.—Section 801 of the Federal Food, Drug, and Cosmetic Act, as simended by section 21 USC 381. 304(e) of this Act, is amended by adding at the end the following subsection: "(1)(1) If an Eirticle of food is being imported or offered for import into the United States, and such article is from a foreign facility for which a registration has not been submitted to the Secretary under section 415, such article shall be held at the port of entry for the Euticle, and may not be delivered to the importer, owner, or consignee of the article, until the foreign facility is so registered. Subsection (b) does not authorize the delivery of the article pursuemit to the execution of a bond while the article is so held. The article shall be removed to a secure facility, as appropriate. During the period of time that such article is so held, the article sheill not be transferred by any person from the port of entry into the United States for the article, or from the secure facility to which the article has been removed, as the case may be.". 21 USC 350d (d) ELECTRONIC FILING.— For the purpose of reducing paper- "o*«- work and reporting burdens, the Secretary of Health and Human Services may provide for, and encourage the use of, electronic methods of submitting to the Secretary registrations required pursuant to this section. In providing for the electronic submission of

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