[116th Congress Public Law 304]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 4915]]
Public Law 116-304
116th Congress
An Act
To amend the Federal Food, Drug, and Cosmetic Act to give authority to
the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, to destroy counterfeit
devices. <<NOTE: Jan. 5, 2021 - [H.R. 5663]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Safeguarding
Therapeutics Act.>>
SECTION 1. <<NOTE: 21 USC 301 note.>> SHORT TITLE.
This Act may be cited as the ``Safeguarding Therapeutics Act''.
SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.
(a) In General.--Section 801(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)) is amended--
(1) in the fourth sentence, by inserting ``or counterfeit
device'' after ``counterfeit drug''; and
(2) <<NOTE: Notices.>> by striking ``The Secretary of the
Treasury shall cause the destruction of'' and all that follows
through ``liable for costs pursuant to subsection (c).'' and
inserting the following:
``The <<NOTE: Regulations. Deadline.>> Secretary of the Treasury
shall cause the destruction of any such article refused
admission unless such article is exported, under regulations
prescribed by the Secretary of the Treasury, within 90 days of
the date of notice of such refusal or within such additional
time as may be permitted pursuant to such regulations, except
that the Secretary of Health and Human Services may destroy,
without the opportunity for export, any drug or device refused
admission under this section, if such drug or device is valued
at an amount that is $2,500 or less (or such higher amount as
the Secretary of the Treasury may set by regulation pursuant to
section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1498(a)(1))) and was not brought into compliance as described
under subsection (b). <<NOTE: Regulations.>> The Secretary of
Health and Human Services shall issue regulations providing for
notice and an opportunity to appear before the Secretary of
Health and Human Services and introduce testimony, as described
in the first sentence of this subsection, on destruction of a
drug or device under the seventh sentence of this subsection.
The regulations shall provide that prior to destruction,
appropriate due process is available to the owner or consignee
seeking to challenge the decision to destroy the drug or device.
Where the Secretary of Health and Human Services provides notice
and an opportunity to appear and introduce testimony on the
destruction of a drug or device, the Secretary of Health and
Human Services shall store and, as applicable, dispose of the
drug or device after the issuance
[[Page 134 STAT. 4916]]
of the notice, except that the owner and consignee shall remain
liable for costs pursuant to subsection (c).''.
(b) Definition.--Section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) is amended--
(1) by redesignating subparagraphs (1), (2), and (3) as
clauses (A), (B), and (C), respectively; and
(2) after making such redesignations--
(A) by striking ``(h) The term'' and inserting
``(h)(1) The term''; and
(B) by adding at the end the following:
``(2) The term `counterfeit device' means a device which, or the
container, packaging, or labeling of which, without authorization, bears
a trademark, trade name, or other identifying mark or imprint, or any
likeness thereof, or is manufactured using a design, of a device
manufacturer, processor, packer, or distributor other than the person or
persons who in fact manufactured, processed, packed, or distributed such
device and which thereby falsely purports or is represented to be the
product of, or to have been packed or distributed by, such other device
manufacturer, processor, packer, or distributor.''.
Approved January 5, 2021.
LEGISLATIVE HISTORY--H.R. 5663:
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HOUSE REPORTS: No. 116-512 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 21, considered and passed House.
Dec. 8, considered and passed Senate, amended.
Dec. 10, House concurred in Senate amendment.
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