(A) EXEMPTION FROM UNITED STATES LA-
BELING REQUIREMENTS.—Any provision of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 201 et seq.) relating to labeling require-
ments for infant formula products imported 
into the United States shall not apply with re-
spect to such products imported pursuant to 
the authority provided by paragraph (2). 
(B) REQUIREMENT
WITH
RESPECT
TO 
FOREIGN
MARKETING
ELIGIBILITY.—Notwith-
standing subparagraph (A), the Commissioner 
of Food and Drugs shall require any retailer of 
covered infant formula imported subject to the 
authority provided by paragraph (2), including 
an online retailer, to include in an appropriate 
and conspicuous place next to the product or 
description of the product, as applicable, a 
label— 
(i) that indicates that such product 
has not been approved for importation, dis-
tribution, or sale by the Commissioner of 
Food and Drugs and is authorized for sale 
only subject to the provisions of this Act; 
and 
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(ii) that may additionally indicate the 
foreign country or countries where such 
product may be lawfully marketed. 
(4) TERMINATION OF SHORTAGE.—The Presi-
dent may, upon determining that a shortage no 
longer exists in the United States of infant formula, 
terminate a declaration described in paragraph (1). 
(b) DUTY-FREE TREATMENT.—Notwithstanding any 
other provision of law, the President may, during any pe-
riod in which an infant formula shortage is declared in 
accordance with subsection (a)(1), reduce or suspend any 
duties imposed— 
(1) with respect to the importation of covered 
infant formula; or 
(2) with respect to any other article used in the 
production of infant formula that the importer cer-
tifies is being imported for such production. 
(c) PRIORITY HANDLING OF ENTRIES.—During any 
period in which an infant formula shortage is declared in 
accordance with subsection (a)(1), the Commissioner of 
U.S. Customs and Border Patrol shall give the highest pri-
ority and take any steps as may be necessary to expedite 
the processing of all entries of covered infant formula and 
articles used in the production of infant formula (as de-
scribed in subsection (b)(2)). 
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(d) DEFINITIONS.—In this Act: 
(1) COVERED INFANT FORMULA.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘covered infant formula’’ 
means any infant formula that is lawfully mar-
keted in the European Union, Canada, Japan, 
the United Kingdom, or any country the Presi-
dent determines to have sufficient health and 
safety standards with respect to infant formula. 
(B) EXCEPTION.—The President may ex-
clude from the definition of the term ‘‘covered 
infant formula’’ products whose label— 
(i) is not in English or another lan-
guage specified by the President; 
(ii) does not include instructions for 
the use of the product which incorporate 
the imperial system of measurement; or 
(iii) does not identify all potential al-
lergens that are contained in the product 
and appear on a list of potential allergens 
identified by the President. 
(2) INFANT FORMULA.—In paragraph (1), the 
term ‘‘infant formula’’ has the meaning given to 
such term in section 201 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 201). 
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(e) SUNSET.—This Act shall cease to be effective on 
the date that is 5 years after the date of enactment of 
this Act. 
Æ 
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