Sec. 16. Sale of food online
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/bill/118/hr/2901/ih/section-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 13, is further amended by adding at the end the following: If it is a food offered for sale online or by other remote written electronic means, unless all information required to appear on the label or labeling is available to consumers at the point of selection prior to purchasing the food. The Secretary shall by regulation specify the format and manner in which the information required under subparagraph
(1)is to be made available online to consumers. Such regulations shall include— a requirement that the nutrition information shall be in the same format as the nutrition information required under paragraph (q); and a requirement that the nutrition information required under paragraph (q), the ingredient information required under paragraphs
(g)and (i), and the allergen information required under paragraph
(w)shall— appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page; appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and not contain intervening marketing information. . Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: In the case of a person providing a platform for, or otherwise assisting, the sale of food online or by other remote written electronic means, the prevention by the person of the provision to consumers of information required under section 403(z) or the charging by such person of an additional fee for the provision of such information. . Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. The Secretary shall provide the person subject to a penalty under paragraph
(1)with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. No person shall be subject to criminal penalties as described in subsection
(a)for a violation of section 301(jjj). . Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) (as amended by subsection (b)(2)) is amended by adding at the end the following: Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. The Secretary shall provide the person subject to a penalty under paragraph
(1)with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. No person shall be subject to criminal penalties as described in subsection
(a)for a violation described in paragraph (1). .
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