Page:United States Statutes at Large Volume 116 Part 1.djvu/698

 116 STAT. 672 PUBLIC LAW 107-188—JUNE 12, 2002 (b) PROHIBITED ACT.— Section 301 of the Federal Food, Drug, 21 USC 331. and Cosmetic Act, as amended by section 305(b) of this Act, is amended by adding at the end the following: "(ee) llie importing or offering for import into the United States of an article of food in violation of the requirements under section 801(m).". 21 USC 351 note. (c) RULEMAKING; EFFECTIVE DATE.— Deadline. (1) IN GENERAL. —Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate proposed and fingil regulations for the requirement of providing notice in accordance with section 801(m) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this section). Such requirement of notification takes effect— (A) upon the effective date of such final regulations; or (B) upon the expiration of such 18-month period if the final regulations have not been made effective as of the expiration of such period, subject to compliance with the final regulations when the final regulations are made effective. (2) DEFAULT; MINIMUM PERIOD OF ADVANCE NOTICE.—If under paragraph (1) the requirement for providing notice in accordance with section 801(m) of the Federal Food, Drug, and Cosmetic Act takes effect without final regulations having been made effective, then for purposes of such requirement, the specified period of time that the notice is required to be made in advance of the time of the importation of the article of food involved or the offering of the food for import shall be not fewer than eight hours and not more than five days, which shall remain in effect until the final regulations are made effective. SEC. 308. AUTHORITY TO MARK ARTICLES REFUSED ADMISSION INTO UNITED STATES. (a) IN GENERAL.—Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), as amended by section 307(a) of this Act, is amended by adding at the end the following: "(n)(l) If a food has been refused admission under subsection (a), other than such a food that is required to be destroyed, the Secretary may require the owner or consignee of the food to affix to the container of the food a label that clearly and conspicuously bears the statement: 'UNITED STATES: REFUSED ENTRV. "(2) All expenses in connection with affixing a label under paragraph (1) shall be paid by the owner or consignee of the food involved, and in default of such payment, shall constitute a lien against future importations made by such owner or consignee. "(3) A requirement under paragraph (1) remains in effect until the Secretary determines that the food involved has been brought into compliance with this Act.". (b) MISBRANDED FOODS. —Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: "(v) If— "(1) it fails to bear a label required by the Secretary under section 801(n)(l) (relating to food refused admission into the United States);

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