[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 172 Referred in House (RFH)]


109th CONGRESS
  1st Session
                                 S. 172


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2005

            Referred to the Committee on Energy and Commerce

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                                 AN ACT


 
 To amend the Federal Food, Drug, and Cosmetic Act to provide for the 
  regulation of all contact lenses as medical devices, 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. REGULATION OF CERTAIN ARTICLES AS MEDICAL DEVICES.

    Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360j) is amended by adding at the end the following subsection:

                ``Regulation of Contact Lens as Devices

    ``(n)(1) All contact lenses shall be deemed to be devices under 
section 201(h).
    ``(2) Paragraph (1) shall not be construed as bearing on or being 
relevant to the question of whether any product other than a contact 
lens is a device as defined by section 201(h) or a drug as defined by 
section 201(g).''.

            Passed the Senate July 29, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.