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Infant Formula Protection Act of 2021

H.R. 2333 · 117th Congress · Apr 1, 2021 · Lineage

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to prohibit the retail sale of infant formula if its use by date has passed.

Section 1 Short title

This Act may be cited as the “Infant Formula Protection Act of 2021”.

Sec. 2 Expired infant formula

(a)
Prohibited act— Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following new subsection:

“(fff) The retail sale of infant formula if the use by date of such infant formula, as specified in the labeling of such formula in accordance with section 107.20 of title 21, Code of Federal Regulations (or any successor regulations), has passed.”

(b)
Applicability— The amendment made by subsection (a) applies beginning on the date that is 6 months after the date of enactment of this Act.