Sec. 369. Clarification of food ingredient requirements for food or beverages provided by the Department of Defense
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Before making any final rule, statement, or determination regarding the limitation or prohibition of any food or beverage ingredient in military food service, military medical foods, commissary food, or commissary food service, the Secretary of Defense shall publish in the Federal Register a notice of a preliminary rule, statement, or determination (in this section referred to as a proposed action ) and provide opportunity for public comment. The Secretary shall include in any notice published under subsection
(a)the following: The date of the notice. Contact information for the appropriate office at the Department of Defense. A summary of the notice. A date for comments to be submitted and specific methods for submitting comments. A description of the substance of the proposed action. Findings and a statement of reasons supporting the proposed action. The Secretary may waive subsections
(a)and
(b)if the Secretary determines that such a waiver is necessary for military operations or for the response to a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.), a medical emergency, or a pandemic. The Secretary may waive subsections
(a)and
(b)if the Food and Drug Administration, the Surgeon General of the United States, or the Surgeons General of the Department of Defense makes a recall or prohibition determination due to certain ingredients being harmful for human consumption. The Secretary shall notify the congressional defense committees not later than 60 days after exercising waiver authority under paragraph (1). The notification required under subparagraph
(A)shall include, with respect to each waiver, the following elements: The date, time, and location of the issuance of the waiver. A detailed justification for the issuance of the waiver. An identification of the rule, statement, or determination for which the Secretary issued the waiver, including the proposed duration of such rule, statement, or determination.
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Sec. 369
Clarification of food ingredient requirements for food or beverages provided by the Department of Defense
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