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PAPERBACK list:$27.00 Web:$24.30 add to cart PDF BOOK your price: $21.00 add to cart Rights & Permissions Free Resources Display this book on your site! Related Titles Food Marketing to Children and Youth: Threat or Opportunity? Drinking Water Distribution Systems: Assessing and Reducing Risks Other Related Titles Food Labeling: Toward National Uniformity (1992) Institute of Medicine (IOM) Web Search Builder Use this book's key terms to search within this book, across our collection, or across the Web. Skim This Chapter Skim this chapter and use this chapter's key terms to search within this book. Reference Finder Paste in your own text to find books that relate to your topic. Page 165   E-mail  Facebook  Digg  Stumble  Twitter More The following HTML text is provided to enhance online readability. Many aspects of typography translate only awkwardly to HTML. Please use the page image as the authoritative form to ensure accuracy. A Provision for the State Food Labeling Study Contained in the Nutrition Labeling and Education Act of 1990 (b) STUDY AND REGULATIONS – (1) For the purpose of implementing section 403A(a)(3), the Secretary of Health and Human Services shall enter into a contract with a public or nonprofit private entity to conduct a study of— (A) State and local laws which require the labeling of food that is of the type required by sections 403(b), 403(d), 403(f), 403(h), 403(i)(1), and 403(k) of the Federal Food, Drug, and Cosmetic Act, and (B) the sections of the Federal Food, Drug, and Cosmetic Act referred to in subparagraph (A) and the regulations issued by the Secretary to enforce such sections to determine whether such sections and regulations adequately implement the purposes of such section. (2) The contract under paragraph (1) shall provide that the study required by such paragraph shall be completed within 6 months of the date of the enactment of this Act. (3)(A) Within 9 months of the date of the enactment of this Act, the Secretary shall publish a proposed list of sections which are adequately being implemented by regulations as determined under paragraph (1)(B) and sections which are not adequately being implemented by regulations as so determined. After publication of the lists, the Secretary shall provide 60 days for comments on such lists. (B) Within 24 months of the date of enactment of this Act, the Secretary shall publish a final list of sections which are adequately being Page 165 Front Matter (R1-R16) 1 Summary (1-26) 2 Background of the Study (27-34) 3 Contextual Factors Affecting the Regulation of Misbranded Food (35-62) 4 Criteria for Determining Adequate Implementation of the Federal Statute (63-84) 5 Comparison and Analysis of Federal and State Food Labeling Requirements (85-140) 6 Issues Raised By States, Consumers, and Industry (141-162) Appendixes (163-164) A Provision for the State Food Labeling Study Contained in the Nutrition Labeling and Education Act of 1990 (165-166) B Participants at the Public Meeting Held by the Committee on State Food Labeling, May 30, 1991 (167-168) C Letter of Request Sent to State and Local Regulators and Consumer Groups by the Committee on State Food Labeling (169-172) D States Providing Written Response to the Six Questions from the Committee on State Food Labeling (173-174) E Individuals from States That Provided Information to the Committee on State Food Labeling (175-182) F State and Local Laws, Regulations, and Other Materials Submitted to the Committee on State Food Labeling (183-194) G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups (195-202) H State Food Labeling Requirements and Relationship to the Misbranding Provisions of Section 403 of the Federal Food, Drug, and Cosmetic Act (203-208) I Case Study: Requirements for Labeling Bottle Water (209-218) J Biographical Sketches of Committee Members and Staff (219-224) Index (225-240)

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Food Labeling: Toward National Uniformity A Provision for the State Food Labeling Study Contained in the Nutrition Labeling and Education Act of 1990 (b) STUDY AND REGULATIONS – (1) For the purpose of implementing section 403A(a)(3), the Secretary of Health and Human Services shall enter into a contract with a public or nonprofit private entity to conduct a study of— (A) State and local laws which require the labeling of food that is of the type required by sections 403(b), 403(d), 403(f), 403(h), 403(i)(1), and 403(k) of the Federal Food, Drug, and Cosmetic Act, and (B) the sections of the Federal Food, Drug, and Cosmetic Act referred to in subparagraph (A) and the regulations issued by the Secretary to enforce such sections to determine whether such sections and regulations adequately implement the purposes of such section. (2) The contract under paragraph (1) shall provide that the study required by such paragraph shall be completed within 6 months of the date of the enactment of this Act. (3)(A) Within 9 months of the date of the enactment of this Act, the Secretary shall publish a proposed list of sections which are adequately being implemented by regulations as determined under paragraph (1)(B) and sections which are not adequately being implemented by regulations as so determined. After publication of the lists, the Secretary shall provide 60 days for comments on such lists. (B) Within 24 months of the date of enactment of this Act, the Secretary shall publish a final list of sections which are adequately being

OCR for page 166
Food Labeling: Toward National Uniformity implemented by regulation and a list of sections which are not adequately being implemented by regulations. With respect to a section which is found by the Secretary to be adequately implemented, no State or political subdivision of a State may establish or continue in effect as to any food in interstate commerce any requirement which is not identical to the requirement of such section. (C) Within 24 months of the date of the enactment of this Act, the Secretary shall publish proposed revisions to the regulations found to be inadequate under subparagraph (B) and within 30 months of such date shall issue final revisions. Upon the effective date of such final revisions, no State or political subdivision may establish or continue in effect any requirement which is not identical to the requirement of the section which had its regulations revised in accordance with the subparagraph. (D)(i) If the Secretary does not issue a final list in accordance with subparagraph (B) the proposed list issued under subparagraph (A) shall be considered the final list and States and political subdivisions shall be preempted with respect to sections found to be adequate in such proposed list in accordance with subparagraph (B). (ii) If the Secretary does not issue final revisions of regulations in accordance with subparagraph (C), the proposed revisions issued under such subparagraph shall be considered the final revisions and States and political subdivisions shall be preempted with respect to sections the regulation of which are revised by the proposed revisions. (E) Subsection (b) of section 403A of the Federal Food, Drug and Cosmetic Act shall apply with respect to the prohibition prescribed by subparagraph (13) and (C). SOURCE: Nutrition Labeling and Education Act of 1990; Public Law 101–535.

Representative terms from entire chapter:

proposed revisions