Sec. 3. Importation of infant formula
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Section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) is amended by adding at the end the following: The Secretary may waive any labeling requirement under this Act applicable to— the importation of infant formula from any country that is determined by the Secretary to be implementing and enforcing requirements for infant formula that provide a similar assurance of safety as the regulatory requirements of this Act; or the distribution and sale of such imported infant formula. Nothing in paragraph
(1)shall be construed to limit the authority of the Secretary to require a recall of, or otherwise impose restrictions and requirements under this Act with respect to, infant formula that is subject to a waiver under paragraph (1). . The Secretary of Health and Human Services shall, when appropriate, enter into arrangements with other nations for the purpose of harmonizing the regulatory requirements of the United States for infant formula, including with respect to inspections, nutritional requirements, and common international labeling, with the corresponding regulatory requirements of such other nations. Section 803(c)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 383(c)(2) ) is amended by striking foods and inserting foods (including infant formula) . The Secretary of Health and Human Services shall enter into an arrangement with the National Academy of Medicine (or, if the National Academy declines to enter into such arrangement, another appropriate entity) under which the National Academy (or other appropriate entity) agrees to— conduct a study comparing infant formula in the United States and infant formula in the European Union, including with respect to nutritional content and applicable labeling and other regulatory requirements; and not later than 1 year after the date of enactment of this Act, complete such study and submit a report on the results of such study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
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