[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 573 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 573
To amend the Federal Food, Drug, and Cosmetic Act to prohibit the
marketing of authorized generic drugs.
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IN THE HOUSE OF REPRESENTATIVES
January 15, 2009
Mrs. Emerson (for herself, Mr. Berry, Mr. Moore of Kansas, and Mr.
Wamp) introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To amend the Federal Food, Drug, and Cosmetic Act to prohibit the
marketing of authorized generic drugs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION OF AUTHORIZED GENERICS.
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) is amended by adding at the end the following:
``(w) Prohibition of Authorized Generic Drugs.--
``(1) In general.--Notwithstanding any other provision of
this Act, no holder of a new drug application approved under
subsection (c) shall manufacture, market, sell, or distribute
an authorized generic drug, direct or indirectly, or authorize
any other person to manufacture, market, sell, or distribute an
authorized generic drug.
``(2) Authorized generic drug.--For purposes of this
subsection, the term `authorized generic drug'--
``(A) means any version of a listed drug (as such
term is used in subsection (j)) that the holder of the
new drug application approved under subsection (c) for
that listed drug seeks to commence marketing, selling,
or distributing, directly or indirectly, after receipt
of a notice sent pursuant to subsection (j)(2)(B) with
respect to that listed drug; and
``(B) does not include any drug to be marketed,
sold, or distributed--
``(i) by an entity eligible for exclusivity
with respect to such drug under subsection
(j)(5)(B)(iv); or
``(ii) after expiration or forfeiture of
any exclusivity with respect to such drug under
such subsection (j)(5)(B)(iv).''.
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