I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘FDA Food Embargo

5 Authority Act’’.
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1 SEC. 2. EMBARGO AUTHORITY.

2 (a) EMBARGO.—

3 (1) TEMPORARY DETENTION.—Section

4 304(g)(1) of the Federal Food, Drug, and Cosmetic

5 Act (21 U.S.C. 334(g)(1)) is amended—

6 (A) in the first sentence—

7 (i) by striking ‘‘If during’’ and all

8 that follows through ‘‘order the device de9 tained’’ and inserting the following: ‘‘If,

10 during an inspection conducted under sec11 tion 704, an officer or employee of the De12 partment has reason to believe that a food

13 or device is in violation of this Act, such

14 officer or employee may order the food or

15 device detained’’; and

16 (ii) by striking ‘‘he may authorize’’

17 and inserting ‘‘the Secretary may author18 ize’’;

19 (B) in the second and third sentences, by

20 striking ‘‘device’’ each place such term appears

21 and inserting ‘‘food or device’’;

22 (C) by striking the fourth and fifth sen23 tences; and

24 (D) by adding at the end the following sen25 tence: ‘‘A detention order under this paragraph

26 shall be considered final agency action.’’.
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1 (2) CONFORMING AMENDMENTS.—Chapter III

2 of the Federal Food, Drug, and Cosmetic Act (21

3 U.S.C. 331 et seq.) is amended—

4 (A) in section 301(r)—

5 (i) by striking ‘‘device’’ the first place

6 such term appears and inserting ‘‘food or

7 device’’; and

8 (ii) by striking ‘‘the device’’ and in9 serting ‘‘such food or device’’; and

10 (B) in section 304(g)(2), by striking ‘‘de11 vice’’ each place such term appears and insert12 ing ‘‘food or device’’.

13 (b) DATE CERTAIN FOR PROPOSED AND FINAL

14 RULES.—Within 6 months of the date of the enactment

15 of this Act, the Secretary of Health and Human Services

16 shall propose a revision to the regulations in effect on such

17 date under section 304(g) of the Federal Food, Drug, and

18 Cosmetic Act to include food. Within 3 months of the date

19 such proposed revision is published in the Federal Reg20 ister, the Secretary shall issue a final revision of such reg21 ulations.

22 (c) CONFIDENTIALITY.—For any food embargoed,

23 seized, or recalled under the Federal Food, Drug, and Cos24 metic Act, the Food and Drug Administration shall dis25 close all necessary information without regard to business
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1 confidentiality, if such disclosure is necessary to fully em2 bargo, seize, or recall any adulterated food.

3 (d) FOOD RETAILER REGISTRATION.—All food re4 tailers shall register with the Food and Drug Administra5 tion for the purpose of expediting recalls, embargoes, and

6 seizures under the Federal Food, Drug, and Cosmetic Act.

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