[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7875 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7875
To provide for the expedited and duty-free importation of infant
formula that may be lawfully marketed in the European Union, Canada,
Japan, or the United Kingdom, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2022
Mr. Sherman (for himself, Mr. Bacon, Mr. Gottheimer, Ms. Manning, Mr.
Thompson of California, Mr. Cohen, and Mrs. Demings) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for the expedited and duty-free importation of infant
formula that may be lawfully marketed in the European Union, Canada,
Japan, or the United Kingdom, 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 ``Emergency Infant Formula Act''.
SEC. 2. EXPEDITED IMPORTATION OF INFANT FORMULA.
(a) Authorization for Importation and Sale.--
(1) Declaration of shortage.--The President may declare, in
consultation with the Commissioner of Food and Drugs and
through Executive order, that a shortage exists in the United
States of infant formula with respect to any period specified
in such order.
(2) Authorization for importation and sale.--The President,
in consultation with the Commissioner of Food and Drugs, may
authorize the importation, distribution, and sale of any
covered infant formula, notwithstanding the provisions of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.),
if the applicable brand, manufacturer, or manufacturing plant,
or the specific infant formula product, is included in the
Executive order promulgated pursuant to the authority provided
by paragraph (1). Such Executive order may further specify,
with respect to such authorized products, specific requirements
with respect to the labeling or usage guidance to be eligible
for importation, distribution, and sale pursuant to the
authority provided by this paragraph.
(3) Labeling requirements.--
(A) Exemption from united states labeling
requirements.--Any provision of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 201 et seq.) relating to
labeling requirements for infant formula products
imported into the United States shall not apply with
respect to such products imported pursuant to the
authority provided by paragraph (2).
(B) Requirement with respect to foreign marketing
eligibility.--Notwithstanding subparagraph (A), the
Commissioner of Food and Drugs shall require any
retailer of covered infant formula imported subject to
the authority provided by paragraph (2), including an
online retailer, to include in an appropriate and
conspicuous place next to the product or description of
the product, as applicable, a label--
(i) that indicates that such product has
not been approved for importation,
distribution, or sale by the Commissioner of
Food and Drugs and is authorized for sale only
subject to the provisions of this Act; and
(ii) that may additionally indicate the
foreign country or countries where such product
may be lawfully marketed.
(4) Termination of shortage.--The President may, upon
determining that a shortage no longer exists in the United
States of infant formula, terminate a declaration described in
paragraph (1).
(b) Duty-Free Treatment.--Notwithstanding any other provision of
law, the President may, during any period in which an infant formula
shortage is declared in accordance with subsection (a)(1), reduce or
suspend any duties imposed--
(1) with respect to the importation of covered infant
formula; or
(2) with respect to any other article used in the
production of infant formula that the importer certifies is
being imported for such production.
(c) Priority Handling of Entries.--During any period in which an
infant formula shortage is declared in accordance with subsection
(a)(1), the Commissioner of U.S. Customs and Border Patrol shall give
the highest priority and take any steps as may be necessary to expedite
the processing of all entries of covered infant formula and articles
used in the production of infant formula (as described in subsection
(b)(2)).
(d) Definitions.--In this Act:
(1) Covered infant formula.--
(A) In general.--Subject to subparagraph (B), the
term ``covered infant formula'' means any infant
formula that is lawfully marketed in the European
Union, Canada, Japan, the United Kingdom, or any
country the President determines to have sufficient
health and safety standards with respect to infant
formula.
(B) Exception.--The President may exclude from the
definition of the term ``covered infant formula''
products whose label--
(i) is not in English or another language
specified by the President;
(ii) does not include instructions for the
use of the product which incorporate the
imperial system of measurement; or
(iii) does not identify all potential
allergens that are contained in the product and
appear on a list of potential allergens
identified by the President.
(2) Infant formula.--In paragraph (1), the term ``infant
formula'' has the meaning given to such term in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201).
(e) Sunset.--This Act shall cease to be effective on the date that
is 5 years after the date of enactment of this Act.
<all>