Section 1 Short title
This Act may be cited as the “Infant Formula Protection Act of 2017”.
Infant Formula Protection Act of 2017
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to treat infant formula as adulterated if its use-by date has passed.
Sec. 2 Expired infant formula
Adulteration— Section 412(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a)) is amended—
in paragraph (2), by striking “or” at the end;
in paragraph (3), by striking the period at the end and inserting “, or”; and
by adding at the end the following:
“(4) such infant formula’s use-by date, as specified in the formula’s labeling in accordance with section 107.20 of title 21, Code of Federal Regulations (or any successor regulations), has passed.”
Applicability— The amendment made by subsection (a) applies beginning on the date that is 6 months after the date of enactment of this Act.