Baby Formula Emergency Act
Bill: H.R.7822 | Sponsor: Rep. Green, Mark E. (R-TN)
Policy area: Foreign Trade and International Finance

Summary:
Baby Formula Emergency Act
This bill authorizes the President, during an infant formula shortage or potential shortage, to allow the production and marketing or duty-free importation of infant formula that meets specified criteria, regardless of Food and Drug Administration (FDA) requirements. The criteria include that the United States has not imposed any sanctions with respect to the manufacturer of the formula and the FDA has not determined that such formula is unsafe.
Further, the President must notify Congress about determinations related to supply shortages of infant formula.

To allow for duty-free importation and sale of infant formula that is 
   lawfully marketed as such in its country of origin, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Baby Formula Emergency Act''.

SEC. 2. REMOVAL OF LIMITATIONS ON IMPORTATION.

    (a) In General.--Upon a determination by the President that there 
is a shortage or potential shortage of the supply of infant formula (as 
defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321(z))) in the United States, the President may, 
notwithstanding any provision of Federal law, suspend any duty imposed 
with respect to the importation of any article of infant formula that 
meets the criteria specified in subsection (b) on or before the date on 
which the President submits the notification described in the second 
sentence of subsection (c).
    (b) Criteria for Importation.--Notwithstanding any provision of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), or any 
other provision of Federal law, the President may allow, without 
restrictions, the production, manufacture, distribution, marketing, 
prescribing, sale, or dispensing of any infant formula during the 
period in which a shortage or potential shortage, as determined under 
subsection (a) exists, if--
            (1)(A) the manufacturer of such infant formula certifies to 
        the Commissioner of Food and Drugs that the infant formula 
        meets the nutrition requirements under section 412(i) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(i)); or
            (B) the infant formula is lawfully marketed as infant 
        formula in its country of origin;
            (2) the United States has not imposed sanctions with 
        respect to the actions of the government of the country of 
        origin of such infant formula, including a ban on the 
        importation of some or all products of such country as a result 
        of such actions;
            (3) the United States has not imposed any sanctions with 
        respect to the manufacturer of such infant formula (including 
        by listing such manufacturer on the List of Specially 
        Designated Nationals and Blocked Persons maintained by the 
        Office of Foreign Assets Control of the Department of the 
        Treasury); and
            (4) the Commissioner of Food and Drugs has not determined 
        that such infant formula is unsafe.
    (c) Congressional Notification.--Upon a determination referred to 
in subsection (a) with respect to a shortage or potential shortage of 
the supply of infant formula, the President shall notify the Committee 
on Energy and Commerce and the Committee on Ways and Means of the House 
of Representatives and the Committee on Health, Education, Labor and 
Pensions and the Committee on Finance of the Senate of such 
determination. The President shall notify such committees upon any 
determination that the shortage referred to in such subsection no 
longer exists.
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