tive nutritional requirements, based on recognized 
scientific principles, are established by medical eval-
uation; and 
‘‘(3) is identified by the Secretary as being es-
sential for any urgent medical condition. 
‘‘(c) FINES.—If the Secretary finds that a manufac-
turer of infant formula or essential medical food is in vio-
lation of the requirement of this section to give written 
notice, such violation shall be treated as an infraction for 
purposes of imposing a fine in accordance with title 18, 
United States Code.’’. 
(c) LIST
OF FACILITIES THAT COULD BE CON-
VERTED TO MANUFACTURE INFANT FORMULA.—Section 
412 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 350a), as amended by section 2(a), is further 
amended by adding at the end the following: 
‘‘(k) LIST OF FACILITIES THAT COULD BE CON-
VERTED.—The Secretary shall— 
‘‘(1) not later than 90 days after the date of 
enactment of this subsection, identify and compile a 
list of all manufacturing facilities in the United 
States that could be converted to manufacture infant 
formula in the event of a shortage; 
‘‘(2) on an annual basis, update such list; and 
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‘‘(3) post such up-to-date list on the public 
website of the Food and Drug Administration.’’. 
(d) REPORTING
BY MANUFACTURERS DURING
A 
SHORTAGE.—Section 412 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 350a), as amended by subsection 
(c), is further amended by adding at the end the following: 
‘‘(l) REPORTING
BY MANUFACTURERS DURING
A 
SHORTAGE.—In the event of a shortage of infant formula 
in the United States, the Secretary may require manufac-
turers of infant formula to report to the Secretary— 
‘‘(1) the quantity of infant formula in the in-
ventories of such manufacturers and their distribu-
tors; 
‘‘(2) the location of recent or upcoming ship-
ments of infant formula by such manufacturers and 
their distributors; 
‘‘(3) the capacity of such manufacturers and 
their distributors to redistribute their inventories of 
infant formula based on geographical needs; and 
‘‘(4) the quantity by which such manufacturers 
could increase their output of infant formula.’’. 
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SEC. 4. USE OF AUTHORITIES UNDER THE DEFENSE PRO-
DUCTION ACT OF 1950 FOR FOOD. 
Section 101 of the Defense Production Act of 1950 
(50 U.S.C. 4511) is amended by adding at the end the 
following: 
‘‘(e) TREATMENT OF FOOD.—For purposes of this 
title, title III, and title VII, food (including infant formula 
and the ingredients necessary to produce infant formula) 
is a critical material essential to the national defense.’’. 
SEC. 5. ENSURING WORKER SAFETY AND HEALTH. 
The Assistant Secretary of Labor for Occupational 
Safety and Health shall issue a fact sheet and provide 
technical assistance to each manufacturer of infant for-
mula registered under section 412(c) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350a(c)) to promote 
compliance with occupational safety and health standards 
promulgated under section 6 of the Occupational Safety 
and Health Act of 1970. Such fact sheet and technical 
assistance shall include information on recognized hazards 
and on the specific occupational safety and health stand-
ards, and any other legal requirements under the Occupa-
tional Safety and Health Act of 1970, that apply to such 
manufacturer. 
Æ 
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