Page:United States Statutes at Large Volume 116 Part 1.djvu/696

 116 STAT. 670 PUBLIC LAW 107-188—JUNE 12, 2002 Deadline. 21 USC 350c note. Regulations. "(d) LIMITATIONS.— Th is section shall not be construed— "(1) to limit the authority of the Secretary to inspect records or to require establishment and maintenance of records under any other provision of this Act; "(2) to authorize the Secretary to impose any requirements with respect to a food to the extent that it is within the exclusive jurisdiction of the Secretary of Agriculture pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); "(3) to have any legal effect on section 552 of title 5, United States Code, or section 1905 of title 18, United States Code; or "(4) to extend to recipes for food, financial data, pricing data, personnel data, research data, or sales data (other than shipment data regarding sales).". (b) FACTORY INSPECTION.— Section 704(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended— (1) in paragraph (1), by inserting after the first sentence the following new sentence: "In the case of any person (excluding farms and restaurants) who manufactures, processes, packs, transports, distributes, holds, or imports foods, the inspection shall extend to all records and other information described in section 414 when the Secretary has a reasonable belief that an article of food is adulterated and presents a threat of serious adverse health consequences or death to humans or animals, subject to the limitations established in section 414(d)."; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking "second sentence" and inserting "third sentence". (c) PROHIBITED ACT. — Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended— (1) in paragraph (e)— (A) by striking "by section 412, 504, or 703" and inserting "by section 412, 414, 504, 703, or 704(a)"; and (B) by striking "under section 412" and inserting "under section 412, 414(b)"; and (2) in paragraph (j), by inserting "414," after "412,". (d) EXPEDITED RULEMAKING.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall promulgate proposed and final regulations establishing recordkeeping requirements under subsection 414(b) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)). SEC. 307. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS. (a) IN GENERAL.—Section 801 of the Federal Food, Drug, and Cosmetic Act, as amended by section 305(c) of this Act, is amended by adding at the end the following subsection: "(m)(l) In the case of an article of food that is being imported or offered for import into the United States, the Secretary, after consultation with the Secretary of the Treasury, shall by regulation require, for the purpose of enabling such article to be inspected at ports of entry into the United States, the submission to the Secretary of a notice providing the identity of each of the following: The article; the manufacturer and shipper of the article; if known within the specified period of time that notice is required to be

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