§ 2578a. Equivalence determinations
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/usc/title-19/section-2578aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law.
(b)FDA determination If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received.
(c)Notice If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or other statute administered by the Food and Drug Administration, the Commissioner shall publish a notice in the Federal Register that identifies the basis for the determination that the measure provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the notice. The Commissioner shall not issue a final determination on the issue of equivalency without taking into account the comments received.
(Pub. L. 96–39, title IV, § 492, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4971; amended Pub. L. 104–295, § 20(d)(1), Oct. 11, 1996, 110 Stat. 3529.)
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- Pub. L. 96–39, title IV, § 492
- Pub. L. 103–465, title IV, § 432
- 108 Stat. 4971
- Pub. L. 104–295, § 20(d)(1)
- 110 Stat. 3529
- act June 25, 1938, ch. 675
- 52 Stat. 1040
- Pub. L. 104–295
- section 451 of Pub. L. 103–465
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§ 2578a
Equivalence determinations
Fed. Reg.×6
Stat. Comp.×1
Stat.×1
Pub. L.Pub. L. 96–39, title IV, § 492
Pub. L.Pub. L. 103–465, title IV, § 432
Stat.108 Stat. 4971
Pub. L.Pub. L. 104–295, § 20(d)(1)
Stat.110 Stat. 3529
Cites 11 · showing 7Cited by 8 across 3 sources