[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5591

  To amend the Federal Food, Drug, and Cosmetic Act to establish the 
  authority of officers and employees of the Department of Health and 
Human Services to issue detention orders regarding food in any case in 
  which there is a reasonable belief that the food is in violation of 
                   such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2000

 Mr. Kucinich introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to establish the 
  authority of officers and employees of the Department of Health and 
Human Services to issue detention orders regarding food in any case in 
  which there is a reasonable belief that the food is in violation of 
                   such Act, 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 ``FDA Food Embargo Authority Act''.

SEC. 2. EMBARGO AUTHORITY.

    (a) Embargo.--
            (1) Temporary detention.--Section 304(g)(1) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 334(g)(1)) is amended--
                    (A) in the first sentence--
                            (i) by striking ``If during'' and all that 
                        follows through ``order the device detained'' 
                        and inserting the following: ``If, during an 
                        inspection conducted under section 704, an 
                        officer or employee of the Department has 
                        reason to believe that a food or device is in 
                        violation of this Act, such officer or employee 
                        may order the food or device detained''; and
                            (ii) by striking ``he may authorize'' and 
                        inserting ``the Secretary may authorize'';
                    (B) in the second and third sentences, by striking 
                ``device'' each place such term appears and inserting 
                ``food or device'';
                    (C) by striking the fourth and fifth sentences; and
                    (D) by adding at the end the following sentence: 
                ``A detention order under this paragraph shall be 
                considered final agency action.''.
            (2) Conforming amendments.--Chapter III of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is 
        amended--
                    (A) in section 301(r)--
                            (i) by striking ``device'' the first place 
                        such term appears and inserting ``food or 
                        device''; and
                            (ii) by striking ``the device'' and 
                        inserting ``such food or device''; and
                    (B) in section 304(g)(2), by striking ``device'' 
                each place such term appears and inserting ``food or 
                device''.
    (b) Date Certain for Proposed and Final Rules.--Within 6 months of 
the date of the enactment of this Act, the Secretary of Health and 
Human Services shall propose a revision to the regulations in effect on 
such date under section 304(g) of the Federal Food, Drug, and Cosmetic 
Act to include food. Within 3 months of the date such proposed revision 
is published in the Federal Register, the Secretary shall issue a final 
revision of such regulations.
    (c) Confidentiality.--For any food embargoed, seized, or recalled 
under the Federal Food, Drug, and Cosmetic Act, the Food and Drug 
Administration shall disclose all necessary information without regard 
to business confidentiality, if such disclosure is necessary to fully 
embargo, seize, or recall any adulterated food.
    (d) Food Retailer Registration.--All food retailers shall register 
with the Food and Drug Administration for the purpose of expediting 
recalls, embargoes, and seizures under the Federal Food, Drug, and 
Cosmetic Act.
                                 <all>