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Title II — Natural foods

H.R. 4432 · 113th Congress · Apr 9, 2014 · Lineage

II Natural foods

Sec. 201 Labeling of natural foods

Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 103 of this Act, is further amended by adding at the end the following:

“(aa)

“(1) If its labeling contains an express or implied claim that the food is “natural” unless the claim is made in accordance with subparagraph (2).

“(2) A claim described in subparagraph (1) may be made only if the claim uses terms that have been defined by, and the food meets the requirements that have been established in, regulations promulgated to carry out this paragraph.

“(3) Notwithstanding subparagraph (2), prior to the finalization of regulations to carry out this paragraph, the use of any claim that a food is “natural” shall be allowed if consistent with the Secretary’s existing policy for such claims.

“(4) In promulgating regulations to carry out this paragraph, the Secretary shall differentiate between food for human consumption and food intended for consumption by animals other than humans.

“(5) For purposes of subparagraph (1), a natural claim includes the use of—

“(A) the terms natural, 100% natural, naturally grown, all natural, and made with natural ingredients; and

“(B) any other terms specified by the Secretary.”

Sec. 202 Regulations

(a)
Proposed regulations— Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement section 403(aa) of the Federal Food, Drug, and Cosmetic Act, as added by section 201 of this Act.
(b)
Final regulations— Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement such section 403(aa).

Sec. 203 Preemption

Section 403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343–1(a)), as amended by section 104 of this Act, is further amended by adding at the end the following:

“(8) any requirement for the labeling of food of the type required by section 403(aa) that is not identical to the requirement of such section.”

Sec. 204 Effective date

The labeling requirements of section 403(aa) of the Federal Food, Drug, and Cosmetic Act, as added by section 201 of this Act, shall take effect on the effective date of final regulations promulgated under section 202(b) of this Act. The provisions of section 403A(a)(8) of the Federal Food, Drug, and Cosmetic Act, as added by section 203 of this Act, take effect on the date of enactment of this Act.