statutory requirement identical to a food adultera-
tion requirement under this Act. 
‘‘(b) REVIEW
OF
EXISTING
STATE
REQUIRE-
MENTS.—
‘‘(1) EXISTING STATE REQUIREMENTS; DEFER-
RAL.—Any requirement that—
‘‘(A)(i) is a State notification requirement 
that expressly applies to a specified food or food 
component and that provides for a warning de-
scribed in subsection (a) that does not meet the 
uniformity requirement specified in subsection 
(a); or 
‘‘(ii) is a State food safety requirement de-
scribed in section 403A(6) that does not meet 
the uniformity requirement specified in that 
paragraph; and 
‘‘(B) is in effect on the date of enactment 
of the National Uniformity for Food Act of 
2003, 
shall remain in effect for 180 days after that date 
of enactment. 
‘‘(2) STATE
PETITIONS.—With respect to a 
State notification or food safety requirement that is 
described in paragraph (1), the State may petition 
the Secretary for an exemption or a national stand-
ard under subsection (c). If a State submits such a 
petition within 180 days after the date of enactment 
of the National Uniformity for Food Act of 2003, 
the notification or food safety requirement shall re-
main in effect until the Secretary takes all adminis-
trative action on the petition pursuant to paragraph 
(3), and the time periods and provisions specified in 
paragraph (3) shall apply in lieu of the time periods 
and provisions specified in subsection (c)(3) (but not 
the time periods and provisions specified in sub-
section (d)(2)). 
‘‘(3) ACTION ON PETITIONS.— 
‘‘(A) PUBLICATION.—Not later than 270 
days after the date of enactment of the Na-
tional Uniformity for Food Act of 2003, the 
Secretary shall publish a notice in the Federal 
Register concerning any petition submitted 
under paragraph (2) and shall provide 180 days 
for public comment on the petition. 
‘‘(B) TIME PERIODS.—Not later than 360 
days after the end of the period for public com-
ment, the Secretary shall take final agency ac-
tion on the petition. 
‘‘(C) JUDICIAL
REVIEW.—The failure of 
the Secretary to comply with any requirement
of this paragraph 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 require-
ment, the court shall order the Secretary to 
comply within a period determined to be appro-
priate by the court. 
‘‘(c) EXEMPTIONS AND NATIONAL STANDARDS.—
‘‘(1) EXEMPTIONS.—Any State may petition 
the Secretary to provide by regulation an exemption 
from paragraph (6) or (7) of section 403A(a) or 
subsection (a), for a requirement of the State or a 
political subdivision of the State. The Secretary may 
provide such an exemption, under such conditions as 
the Secretary may impose, for such a requirement 
that— 
‘‘(A) protects an important public interest 
that would otherwise be unprotected, in the ab-
sence of the exemption; 
‘‘(B) would not cause any food to be in 
violation of any applicable requirement or prohi-
bition under Federal law; and 
‘‘(C) would not unduly burden interstate 
commerce, balancing the importance of the pub-
lic interest of the State or political subdivision 
against the impact on interstate commerce. 
‘‘(2) NATIONAL STANDARDS.—Any State may 
petition the Secretary to establish by regulation a 
national standard respecting any requirement under 
this Act or the Fair Packaging and Labeling Act 
(15 U.S.C. 1451 et seq.) relating to the regulation 
of a food. 
‘‘(3) ACTION ON PETITIONS.—
‘‘(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