Page:United States Statutes at Large Volume 91.djvu/1487

 PUBLIC LAW 95-203—NOV. 23, 1977

91 STAT. 1453

trast by typography, layout, and color with other printed matter on such label and labeling. "(2) The Secretary may by regulation review and revise or remove Regulation. the requirement of subparagraph (1) if the Secretary determines such action is necessary to reflect the current state of knowledge concerning saccharin.". (2) The amendment made by paragraph (1) shall apply only with Effective date. respect to food introduced or delivered for introduction in interstate 21 USC 343 note. commerce on and after the 90th day after the date of the enactment of this Act. (3) The Secretary shall report to the Committee on Human Report to Resources of the Senate and the Committee on Interstate and Foreign congressional Commerce of the House of Representatives any action taken under committees. 21 USC 343 note. section 403(o)(2) of the Federal Food, Drug, and Cosmetic Act. (b)(1) Section 403 of the Federal Food, Drug, and Cosmetic Act Supra. is amended by adding after paragraph (o) the following new Retail establishments, paragraph: notice, display. "(p)(1) If it contains saccharin and is offered for sale, but not for 21 USC 343. immediate consumption, at a retail establishment, unless such retail establishment displays prominently, where such food is held for sale, notice (provided by the manufacturer of such food pursuant to subparagraph (2)) for consumers respecting the information required by paragraph (o) to be on food labels and labeling. "(2) Each manufacturer of food which contains saccharin and which is offered for sale by retail establishments but not for immediate consumption shall, in accordance with regulations promulgated by the Secretary pursuant to subparagraph (4), take such action as may be necessary to provide such retail establishments with the notice required by subparagraph (1). "(3) The Secretary may by regulation review and revise or remove Notice the requirement of subparagraph (1) if he determines such action is requirement, necessary to reflect the current state of knowledge concerning review, revision or removal. saccharin. "(4) The Secretary shall by regulation prescribe the form, text, and manner of display of the notice required by subparagraph (1) and such other matters as may be required for the implementation of the requirements of that subparagraph and subparagraph (2). Regula- Hearing. tions of the Secretary under this subparagraph shall be promulgated after an oral hearing but without regard to the National Environmental Policy Act of 1969 and chapter 5 of title 5, United States Code. 42 USC 4321 In any action brought for judicial review of any such regulation, the note. reviewing court may not postpone the effective date of such 5 USC 500 et seq. Judicial review. regulation.". (2) The amendment made by paragraph (1) shall apply with Effective date. respect to food which is sold in retail establishments on or after the 21 USC 343 note. 90th day after the effective date of the regulations of the Secretary of Health, Education, and Welfare under paragraph (p)(4) of the Supra. Federal Food, Drug, and Cosmetic Act. (3) Section 201 of the Federal Food, Drug, and Cosmetic Act is "Saccharin." 21 USC 321. amended by adding at the end thereof the following: "(z) The term 'saccharin' includes calcium saccharin, sodium saccharin, and ammonium saccharin.". (c) The Secretary may by regulation require vending machines Vending through which food containing saccharin is sold to bear a statement of machines, health the risks to health which may be presented by the use of saccharin. A risk statement, regulation under this subsection shall require such statement to be requirements. 21 USC 343a. located in a conspicuous place on such vending machine and as proxi-

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