‘‘(A) PUBLICATION.—Not later than 30
days after receipt of any petition under para-
graph (1) or (2), the Secretary shall publish
such petition in the Federal Register for public
comment during a period specified by the Sec-
retary.
‘‘(B) TIME
PERIODS
FOR
ACTION.—Not
later than 60 days after the end of the period
for public comment, the Secretary shall take
final agency action on the petition. If the Sec-
retary is unable to take final agency action on
the petition during the 60-day period, the Sec-
retary shall inform the petitioner, in writing,
the reasons that taking the final agency action
is not possible, the date by which the final
agency action will be taken, and the final agen-
cy action that will be taken or is likely to be
taken. In every case, the Secretary shall take
final agency action on the petition not later
than 120 days after the end of the period for
public comment.
‘‘(4) JUDICIAL
REVIEW.—The failure of the
Secretary to comply with any requirement of this
subsection shall constitute final agency action for
purposes of judicial review. If the court conducting
the review determines that the Secretary has failed
to comply with the requirement, the court shall
order the Secretary to comply within a period deter-
mined to be appropriate by the court.
‘‘(d) IMMINENT HAZARD AUTHORITY.—
‘‘(1) IN GENERAL.—A State may establish a re-
quirement that would otherwise violate paragraph
(6) or (7) of section 403A(a) or subsection (a), if—
‘‘(A) the requirement is needed to address
an imminent hazard to health that is likely to
result in serious adverse health consequences or
death;
‘‘(B) the State has notified the Secretary
about the matter involved and the Secretary
has not initiated enforcement action with re-
spect to the matter;
‘‘(C) a petition is submitted by the State
under subsection (c) for an exemption or na-
tional standard relating to the requirement not
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 IDENTICAL 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 effect
a requirement that is identical to a requirement of this
Act, whether or not the Secretary has promulgated a regu-
lation or issued a policy statement relating to the require-
ment.
‘‘(g) NO EFFECT ON CERTAIN STATE LAW.—Noth-
ing 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, or a statement of geo-
graphic origin; 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).
‘‘(h) DEFINITION.—In section 403A and this section,
the term ‘requirement’, used with respect to a Federal ac-
tion or prohibition, means a mandatory action or prohibi-
tion 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
appropriate.’’.
(c) CONFORMING AMENDMENT.—Section 403A(b) of
such Act (21 U.S.C. 343–1(b)) is amended by adding at
the end 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).’’.
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