later than 30 days after the date that the State 
establishes the requirement under this sub-
section; and 
‘‘(D) the State institutes enforcement ac-
tion with respect to the matter in compliance 
with State law within 30 days after the date 
that the State establishes the requirement 
under this subsection. 
‘‘(2) ACTION ON PETITION.—
‘‘(A) IN
GENERAL.—The Secretary shall 
take final agency action on any petition sub-
mitted under paragraph (1)(C) not later than 7 
days after the petition is received, and the pro-
visions of subsection (c) shall not apply to the 
petition. 
‘‘(B) JUDICIAL
REVIEW.—The failure of 
the Secretary to comply with the requirement 
described in subparagraph (A) shall constitute 
final agency action for purposes of judicial re-
view. If the court conducting the review deter-
mines that the Secretary has failed to comply 
with the requirement, the court shall order the 
Secretary to comply within a period determined 
to be appropriate by the court.
‘‘(3) DURATION.—If a State establishes a re-
quirement in accordance with paragraph (1), the re-
quirement may remain in effect until the Secretary 
takes final agency action on a petition submitted 
under paragraph (1)(C). 
‘‘(e) NO EFFECT ON PRODUCT LIABILITY LAW.—
Nothing in this section shall be construed to modify or 
otherwise affect the product liability law of any State. 
‘‘(f) NO EFFECT ON CERTAIN STATE LAW.—Nothing 
in this section or section 403A relating to a food shall 
be construed to prevent a State or political subdivision of 
a State from establishing, enforcing, or continuing in ef-
fect a requirement relating to—
‘‘(1) freshness dating, open date labeling, grade 
labeling, a State inspection stamp, religious dietary 
labeling, organic or natural designation, returnable 
bottle labeling, unit pricing, a statement of geo-
graphic origin, or dietary supplements; or 
‘‘(2) a consumer advisory relating to food sani-
tation that is imposed on a food establishment, or 
that is recommended by the Secretary, under part 
3–6 of the Food Code issued by the Food and Drug 
Administration and referred to in the notice pub-
lished at 64 Fed. Reg. 8576 (1999) (or any cor-
responding similar provision of such a Code).
‘‘(g) DEFINITIONS.—In section 403A and this sec-
tion: 
‘‘(1) The term ‘requirement’, used with respect 
to a Federal action or prohibition, means a manda-
tory action or prohibition established under this Act 
or the Fair Packaging and Labeling Act (15 U.S.C. 
1451 et seq.), as appropriate, or by a regulation 
issued under or by a court order relating to, this Act 
or the Fair Packaging and Labeling Act, as appro-
priate. 
‘‘(2) The term ‘petition’ means a petition sub-
mitted in accordance with the provisions of section 
10.30 of title 21, Code of Federal Regulations, con-
taining all data and information relied upon by the 
petitioner to support an exemption or a national 
standard.’’. 
(c) CONFORMING AMENDMENT.—Section 403A(b) of 
such Act (21 U.S.C. 343–1(b)) is amended by adding after 
and below paragraph (3) the following: 
‘‘The requirements of paragraphs (3) and (4) of section 
403B(c) shall apply to any such petition, in the same man-
ner and to the same extent as the requirements apply to 
a petition described in section 403B(c).’’.
SEC. 3. CONDITIONS. 
The amendments made by this Act take effect only 
if the Secretary of Health and Human Services certifies 
to the Congress, after consultation with the Secretary of 
Homeland Security, that the implementation of such 
amendments will pose no additional risk to the public 
health or safety from terrorists attacks relating to the food 
supply. 
SEC. 4. ENSURING ADEQUATE INFORMATION FOR INFANTS, 
CHILDREN, AND WOMEN OF CHILD–BEARING 
AGE. 
Nothing in this Act or the amendments made by this 
Act shall have any effect upon a State law, regulation, 
proposition or other action that establishes a notification 
requirement regarding the presence or potential effects of 
mercury in fish and shellfish.
Passed the House of Representatives March 8, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 4167
AN ACT 
To amend the Federal Food, Drug, and Cosmetic 
Act to provide for uniform food safety warning 
notification requirements, and for other purposes.