I
106TH CONGRESS
2D SESSION
H. R. 5591
To amend the Federal Food, Drug, and Cosmetic Act to establish the author-
ity 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 de-
tention 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘FDA Food Embargo
Authority Act’’.
SEC. 2. EMBARGO AUTHORITY.
(a) EMBARGO.—
(1) 
TEMPORARY
DETENTION.—Section
304(g)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 334(g)(1)) is amended—
(A) in the first sentence—
(i) by striking ‘‘If during’’ and all
that follows through ‘‘order the device de-
tained’’ and inserting the following: ‘‘If,
during an inspection conducted under sec-
tion 704, an officer or employee of the De-
partment has reason to believe that a food
or device is in violation of this Act, such
officer or employee may order the food or
device detained’’; and
(ii) by striking ‘‘he may authorize’’
and inserting ‘‘the Secretary may author-
ize’’;
(B) in the second and third sentences, by
striking ‘‘device’’ each place such term appears
and inserting ‘‘food or device’’;
(C) by striking the fourth and fifth sen-
tences; and
(D) by adding at the end the following sen-
tence: ‘‘A detention order under this paragraph
shall be considered final agency action.’’.
(2) CONFORMING AMENDMENTS.—Chapter III
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331 et seq.) is amended—
(A) in section 301(r)—
(i) by striking ‘‘device’’ the first place
such term appears and inserting ‘‘food or
device’’; and
(ii) by striking ‘‘the device’’ and in-
serting ‘‘such food or device’’; and
(B) in section 304(g)(2), by striking ‘‘de-
vice’’ each place such term appears and insert-
ing ‘‘food or device’’.
(b) DATE CERTAIN
FOR PROPOSED
AND FINAL
RULES.—Within 6 months of the date of the enactment
of this Act, the Secretary of Health and Human Services
shall propose a revision to the regulations in effect on such
date under section 304(g) of the Federal Food, Drug, and
Cosmetic Act to include food. Within 3 months of the date
such proposed revision is published in the Federal Reg-
ister, the Secretary shall issue a final revision of such reg-
ulations.
(c) CONFIDENTIALITY.—For any food embargoed,
seized, or recalled under the Federal Food, Drug, and Cos-
metic Act, the Food and Drug Administration shall dis-
close all necessary information without regard to business
confidentiality, if such disclosure is necessary to fully em-
bargo, seize, or recall any adulterated food.
(d) FOOD RETAILER REGISTRATION.—All food re-
tailers shall register with the Food and Drug Administra-
tion for the purpose of expediting recalls, embargoes, and
seizures under the Federal Food, Drug, and Cosmetic Act.
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