[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Pages S3794-S3795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6601. Mr. SCOTT of Florida submitted an amendment intended to be
proposed by him to the bill S. 4784, to authorize appropriations for
fiscal year
[[Page S3795]]
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. __. CLEAR LABELS ACT.
(a) Require Drug Labeling to Include Original Manufacturer
and Supply Chain Information.--Section 502(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(b)) is amended--
(1) by striking ``containing (1) the name and place of
business of the manufacturer, packer, or distributor'' and
inserting the following: ``containing--
``(A) the name, place of business, and unique facility
identifier of the manufacturer, packer, or distributor or a
link, barcode, QR code, or other means to access a searchable
electronic portal containing such information'';
(2) in clause (A) (as so designated), by striking ``(2) an
accurate'' and inserting the following:
``(B) an accurate'';
(3) in clause (B) (as so designated), by striking ``count:
Provided, That under clause (2) of this paragraph reasonable
variations'' and inserting ``count, provided that under this
clause, reasonable variations'';
(4) by striking ``(b) If in a package form'' and inserting
the following:
``(b)(1) If it is a finished drug product in a package
form''; and
(5) by adding at the end the following:
``(2) If it is an active pharmaceutical ingredient, unless
any accompanying label and certificate of analysis contains
the name, place of business, and unique facility identifier
of the original manufacturer.
``(3)(A) If it is a finished drug product, unless its
labeling contains the name, place of business, and unique
facility identifier of--
``(i) the original manufacturer of each active
pharmaceutical ingredient;
``(ii) the original manufacturer of the finished drug
product; and
``(iii) the packer or distributor, if any,
or a link, barcode, QR code, or other means to access a
searchable electronic portal containing such information.
``(B) In the case of a finished drug product for which
there are multiple potential different manufacturers of the
active pharmaceutical ingredient, the requirements of this
subparagraph shall be satisfied if all such manufacturers of
active pharmaceutical ingredients for the drug product are
identified in the labeling or the searchable electronic
portal.
``(4) A manufacturer, packer, or distributor required to
furnish information under paragraphs (1), (2), and (3), in
addition to making such information available electronically,
as applicable, shall make such information available through
a package insert, or in paper copy to any individual who
requests such a copy.
``(5) For purposes of this subsection, the term `original
manufacturer', means the single last establishment to conduct
substantial manufacturing activities prior to introduction of
the active pharmaceutical ingredient or finished drug product
into interstate commerce.
``(6) The Secretary shall issue regulations to implement
subparagraphs (2) and (3) and may provide for reasonable
variations in the implementation of, or an alternative
placement for, the labeling requirements under such
subparagraphs, including by electronic means. Such
regulations shall take effect on a date determined by the
Secretary and not earlier than 1 year after the date of
publication of the final regulations, and shall apply with
respect to drugs manufactured on or after the effective date
of such regulations.''.
(b) Exemption From Customs Country of Origin Marking
Requirement.-- Section 304 of the Tariff Act of 1930 (19
U.S.C. 1304) is amended by adding at the end the following:
``(m) Marking of Certain Finished Drug Products.--The
marking requirements of subsections (a) and (b) shall not
apply to articles that are finished drug products and are
marked in accordance with the requirements of section
502(b)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352(b)(2)).''.
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