H. R. 3450—63
‘‘(4) the location of notices of the type required under article
719 of the NAFTA, or where the information contained in
such notices can be obtained.
‘‘SEC. 463. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this chapter—
‘‘(1) ANIMAL.—The term ‘animal’ includes fish, bees, and
wild fauna.
‘‘(2) APPROVAL PROCEDURE.—The term ‘approval procedure’
means any registration, notification, or other mandatory
administrative procedure for—
‘‘(A) approving the use of an additive for a stated
purpose or under stated conditions, or
‘‘(B) establishing a tolerance for a stated purpose or
under stated conditions for a contaminant,
in a food, beverage, or feedstuff prior to permitting the use
of the additive or the marketing of a food, beverage, or feedstuff
containing the additive or contaminant.
‘‘(3) CONTAMINANT.—The term ‘contaminant’ includes pes-
ticide and veterinary drug residues and extraneous matter.
‘‘(4) CONTROL OR INSPECTION PROCEDURE.—The term ‘con-
trol or inspection procedure’ means any procedure used, directly
or indirectly, to determine that a sanitary or phytosanitary
measure is fulfilled, including sampling, testing, inspection,
evaluation, verification, monitoring, auditing, assurance of
conformity, accreditation, registration, certification, or other
procedure involving the physical examination of a good, of
the packaging of a good, or of the equipment or facilities directly
related to production, marketing, or use of a good, but does
not mean an approval procedure.
‘‘(5) PLANT.—The term ‘plant’ includes wild flora.
‘‘(6) RISK ASSESSMENT.—The term ‘risk assessment’ means
an evaluation of—
‘‘(A) the potential for the introduction, establishment
or spread of a pest or disease and associated biological
and economic consequences; or
‘‘(B) the potential for adverse effects on human or
animal life or health arising from the presence of an addi-
tive, contaminant, toxin or disease-causing organism in
a food, beverage, or feedstuff.
‘‘(7) SANITARY OR PHYTOSANITARY MEASURE.—
‘‘(A) IN GENERAL.—The term ‘sanitary or phytosanitary
measure’ means a measure to—
‘‘(i) protect animal or plant life or health in the
United States from risks arising from the introduction,
establishment, or spread of a pest or disease;
‘‘(ii) protect human or animal life or health in
the United States from risks arising from the presence
of an additive, contaminant, toxin, or disease-causing
organism in a food, beverage, or feedstuff;
‘‘(iii) protect human life or health in the United
States from risks arising from a disease-causing orga-
nism or pest carried by an animal or plant, or a product
thereof; or
‘‘(iv) prevent or limit other damage in the United
States arising from the introduction, establishment,
or spread of a pest.
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00063
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—64
‘‘(B) FORM.—The form of a sanitary or phytosanitary
measure includes—
‘‘(i) end product criteria;
‘‘(ii) a product-related processing or production
method;
‘‘(iii) a testing, inspection, certification, or approval
procedure;
‘‘(iv) a relevant statistical method;
‘‘(v) a sampling procedure;
‘‘(vi) a method of risk assessment;
‘‘(vii) a packaging and labeling requirement
directly related to food safety; and
‘‘(viii) a quarantine treatment, such as a relevant
requirement associated with the transportation of ani-
mals or plants or with material necessary for their
survival during transportation.
‘‘CHAPTER 2—STANDARDS-RELATED MEASURES
‘‘SEC. 471. GENERAL.
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIVITY.—Nothing
in this chapter shall be construed—
‘‘(1) to prohibit a Federal agency from engaging in activity
related to standards-related measures, including any such
measure relating to safety, the protection of human, animal,
or plant life or health, the environment or consumers; or
‘‘(2) to limit the authority of a Federal agency to determine
the level it considers appropriate of safety or of protection
of human, animal, or plant life or health, the environment
or consumers.
‘‘(b) EXCLUSION.—This chapter does not apply to—
‘‘(1) technical specifications prepared by a Federal agency
for production or consumption requirements of the agency; or
‘‘(2) sanitary or phytosanitary measures under chapter 1.
‘‘SEC. 472. INQUIRY POINT.
‘‘The standards information center maintained under section
414 shall, in addition to the functions specified therein, make avail-
able to the public relevant documents, at such reasonable fees
as the Secretary of Commerce may prescribe, and information
regarding—
‘‘(1) the membership and participation of the Federal
Government, State governments, and relevant nongovern-
mental bodies in the United States in international and regional
standardizing bodies and conformity assessment systems, and
in bilateral and multilateral arrangements regarding stand-
ards-related measures, and the provisions of those systems
and arrangements;
‘‘(2) the location of notices of the type required under article
909 of the NAFTA, or where the information contained in
such notice can be obtained; and
‘‘(3) the Federal agency procedures for assessment of risk,
and factors the agency considers in conducting the assessment
and establishing the levels of protection that the agency consid-
ers appropriate.
‘‘SEC. 473. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this chapter—
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00064
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—65
‘‘(1) APPROVAL PROCEDURE.—The term ‘approval procedure’
means any registration, notification, or other mandatory
administrative procedure for granting permission for a good
or service to be produced, marketed, or used for a stated purpose
or under stated conditions.
‘‘(2) CONFORMITY
ASSESSMENT
PROCEDURE.—The term
‘conformity assessment procedure’ means any procedure used,
directly or indirectly, to determine that a technical regulation
or standard is fulfilled, including sampling, testing, inspection,
evaluation, verification, monitoring, auditing, assurance of
conformity, accreditation, registration, or approval used for such
a purpose, but does not mean an approval procedure.
‘‘(3) OBJECTIVE.—The term ‘objective’ includes—
‘‘(A) safety,
‘‘(B) protection of human, animal, or plant life or
health, the environment or consumers, including matters
relating to quality and identifiability of goods or services,
and
‘‘(C) sustainable development,
but does not include the protection of domestic production.
‘‘(4) SERVICE.—The term ‘service’ means a land transpor-
tation service or a telecommunications service.
‘‘(5) STANDARD.—The term ‘standard’ means—
‘‘(A) characteristics for a good or a service,
‘‘(B) characteristics, rules, or guidelines for—
‘‘(i) processes or production methods relating to
such good, or
‘‘(ii) operating methods relating to such service,
and
‘‘(C) provisions specifying terminology, symbols, pack-
aging, marking, or labelling for—
‘‘(i) a good or its related process or production
methods, or
‘‘(ii) a service or its related operating methods,
for common and repeated use, including explanatory and other
related provisions set out in a document approved by a
standardizing body, with which compliance is not mandatory.
‘‘(6) STANDARDS-RELATED MEASURE.—The term ‘standards-
related measure’ means a standard, technical regulation, or
conformity assessment procedure.
‘‘(7) TECHNICAL REGULATION.—The term ‘technical regula-
tion’ means—
‘‘(A) characteristics or their related processes and
production methods for a good,
‘‘(B) characteristics for a service or its related operating
methods, or
‘‘(C) provisions specifying terminology, symbols, pack-
aging, marking, or labelling for—
‘‘(i) a good or its related process or production
method, or
‘‘(ii) a service or its related operating method,
set out in a document, including applicable administrative,
explanatory, and other related provisions, with which compli-
ance is mandatory.
‘‘(8) 
TELECOMMUNICATIONS
SERVICE.—The 
term 
‘tele-
communications service’ means a service provided by means
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00065
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—66
of the transmission and reception of signals by any electromagnetic
means, but does not mean the cable, broadcast, or other electro-
magnetic distribution of radio or television programming to the
public generally.
‘‘CHAPTER 3—SUBTITLE DEFINITIONS
‘‘SEC. 481. DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this subtitle—
‘‘(1) NAFTA.—The term ‘NAFTA’ means the North Amer-
ican Free Trade Agreement.
‘‘(2) STATE.—The term ‘State’ means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.’’.
(b) TECHNICAL AMENDMENTS.—
(1) DEFINITION OF TRADE REPRESENTATIVE.—Section 451(12)
of the Trade Agreements Act of 1979 is amended to read as
follows:
‘‘(12) TRADE REPRESENTATIVE.—The term ‘Trade Represent-
ative’ means the United States Trade Representative.’’.
(2) CONFORMING
AMENDMENTS.—Title IV of the Trade
Agreement Act of 1979 is further amended—
(A) by striking out ‘‘Special Representative’’ each place
it appears and inserting ‘‘Trade Representative’’; and
(B) in the section heading to section 411, by striking
out ‘‘SPECIAL REPRESENTATIVE’’ and inserting ‘‘TRADE REP-
RESENTATIVE’’.
SEC. 352. TRANSPORTATION.
No regulation issued by the Secretary of Transportation
implementing a recommendation of the Land Transportation Stand-
ards Subcommittee established under article 913(5)(a)(i) of the
Agreement may take effect before the date 90 days after the date
of issuance.
PART 2—AGRICULTURAL STANDARDS
SEC. 361. AGRICULTURAL TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) FEDERAL SEED ACT.—Section 302(e)(1) of the Federal Seed
Act (7 U.S.C. 1582(e)(1)) is amended by inserting ‘‘or Mexico’’ after
‘‘Canada’’.
(b) IMPORTATION OF ANIMALS.—The first sentence of section
6 of the Act of August 30, 1890 (26 Stat. 416, chapter 839; 21
U.S.C. 104), is amended by striking ‘‘: Provided’’ and all that follows
through the period at the end of the sentence and inserting ‘‘,
except that the Secretary of Agriculture, in accordance with such
regulations as the Secretary may issue, may (1) permit the importa-
tion of cattle, sheep, or other ruminants, and swine, from Canada
or Mexico, and (2) permit the importation from the British Virgin
Islands into the Virgin Islands of the United States, for slaughter
only, of cattle that have been infested with or exposed to ticks
on being freed from the ticks.’’.
(c) INSPECTION OF ANIMALS.—Section 10 of the Act of August
30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C. 105), is amended—
(1) by inserting above ‘‘SEC. 10.’’ the following new section
heading:
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00066
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—67
‘‘SEC. 10. INSPECTION OF ANIMALS.’’;
(2) by striking ‘‘SEC. 10. That the Secretary of Agriculture
shall’’ and inserting ‘‘(a) IN GENERAL.—Except as provided in
subsection (b), the Secretary of Agriculture shall’’; and
(3) by adding at the end the following new subsection:
‘‘(b) EXCEPTION.—The Secretary of Agriculture, in accordance
with such regulations as the Secretary may issue, may waive any
provision of subsection (a) in the case of shipments between the
United States and Canada or Mexico.’’.
(d) DISEASE-FREE COUNTRIES OR REGIONS.—
(1) TARIFF
ACT
OF
1930.—Section 306 of the Tariff Act
of 1930 (19 U.S.C. 1306) is amended—
(A) in subsection (a), by striking ‘‘RINDERPEST
AND
FOOT-AND-MOUTH
DISEASE.—If the Secretary of Agri-
culture’’ and inserting ‘‘IN GENERAL.—Except as provided
in subsection (b), if the Secretary of Agriculture’’; and
(B) by striking subsection (b) and inserting the follow-
ing new subsection:
‘‘(b) EXCEPTION.—The Secretary of Agriculture may permit, sub-
ject to such terms and conditions as the Secretary determines
appropriate, the importation of cattle, sheep, other ruminants, or
swine (including embryos of the animals), or the fresh, chilled,
or frozen meat of the animals, from a region if the Secretary
determines that the region from which the animal or meat origi-
nated is, and is likely to remain, free from rinderpest and foot-
and-mouth disease.’’.
(2) HONEYBEE ACT.—The first section of the Act of August
31, 1922 (commonly known as the ‘‘Honeybee Act’’) (42 Stat.
833, chapter 301; 7 U.S.C. 281), is amended—
(A) in subsection (a)—
(i) by striking ‘‘, or’’ at the end of paragraph (1)
and inserting a semicolon;
(ii) by striking the period at the end of paragraph
(2) and inserting ‘‘; or’’; and
(iii) by adding at the end the following new para-
graph:
‘‘(3) from Canada or Mexico, subject to such terms and
conditions as the Secretary of Agriculture determines appro-
priate, if the Secretary determines that the region of Canada
or Mexico from which the honeybees originated is, and is likely
to remain, free of diseases or parasites harmful to honeybees,
and undesirable species or subspecies of honeybees.’’; and
(B) in subsection (b)—
(i) by inserting ‘‘(1)’’ after ‘‘imported into the
United States only from’’; and
(ii) by inserting before the period the following:
‘‘, or (2) Canada or Mexico, if the Secretary of Agri-
culture determines that the region of Canada or Mexico
from which the imports originate is, and is likely to
remain, free of undesirable species or subspecies of
honeybees’’.
(e) POULTRY PRODUCTS INSPECTION ACT.—Section 17(d) of the
Poultry Products Inspection Act (21 U.S.C. 466(d)) is amended—
(1) in paragraph (1), by inserting after ‘‘Notwithstanding
any other provision of law,’’ the following: ‘‘except as provided
in paragraph (2),’’;
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00067
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06