[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5613 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5613
To amend the Federal Food, Drug, and Cosmetic Act to ensure that liquid
over-the-counter medications are packaged with appropriate dosage
delivery devices and, in the case of such medications labeled for
pediatric use, appropriate flow restrictors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Mr. Israel introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to ensure that liquid
over-the-counter medications are packaged with appropriate dosage
delivery devices and, in the case of such medications labeled for
pediatric use, appropriate flow restrictors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Kids' Medicine Act of
2014''.
SEC. 2. DOSAGE DELIVERY DEVICES FOR LIQUID OTC DRUGS AND FLOW
RESTRICTORS FOR SUCH DRUGS LABELED FOR PEDIATRIC USE.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(dd)(1) If it is a liquid formulation of a drug that is not
subject to section 503(b) and--
``(A) it is not packaged with a dosage delivery device in
accordance with specifications to be determined by the
Secretary by regulation;
``(B) in the case of such a liquid formulation that is
labeled for pediatric use, it is not packaged with a dosage
delivery device, as described in subparagraph (A), and--
``(i) a flow restrictor; or
``(ii) another mechanism to reduce the frequency
and volume of accidental ingestion that provides a
level of safety that is equivalent to or greater than
the level of safety that would be provided by a flow
restrictor, as determined by the Secretary by
regulation; or
``(C) its labeling is in violation of subparagraph (2).
``(2) The Secretary shall require that any measurement in the
labeling of a liquid formulation of a drug that is not subject to
section 503(b), including any measurement in the labeling of a dosage
delivery device packaged with the liquid formulation, be expressed
exclusively in metric units. The Secretary may waive the requirement in
the preceding sentence with respect to one or more liquid formulations
if the Secretary determines that, with respect to such formulations,
implementation of such requirement would not benefit the public health.
``(3) In this paragraph:
``(A) The term `dosage delivery device'--
``(i) means an object that is designed to measure
the dosage of a drug in liquid form and deliver that
drug to an individual; and
``(ii) includes calibrated cups, droppers,
syringes, and spoons.
``(B) The term `flow restrictor' has such meaning as the
Secretary may prescribe by regulation.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall--
(1) promulgate a final rule implementing the amendment made
by subsection (a); and
(2) include in such rule a definition of the term ``flow
restrictor''.
(c) Applicability.--The amendment made by subsection (a) applies
beginning on the date that is 1 year after the date of enactment of
this Act.
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