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Allergen Disclosure In Non-food Articles Act

H.R. 4263 · 118th Congress · Jun 21, 2023 · Lineage

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to require the label of a drug intended for human use to identify each ingredient in such drug that is, or is derived directly or indirectly from, a major food allergen or a gluten-containing grain, and for other purposes.

Section 1 Short title

This Act may be cited as the “Allergen Disclosure In Non-food Articles Act” or the “ADINA Act”.

Sec. 2 Labeling of drugs with an ingredient that is a major food allergen or is made from a gluten-containing grain

(a)
Misbranding— Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following:

“(hh) If it is a drug—

“(1) that is intended for human use;

“(2) that contains an ingredient that is, or is derived directly or indirectly from—

“(A) a major food allergen; or

“(B) a gluten-containing grain (including wheat, barley, rye, and their crossbred hybrids); and

“(3) whose label fails—

“(A) to state that the drug contains such an ingredient; and

“(B) to identify each such ingredient and, as applicable, the type of gluten-containing grain.”

(b)
Applicability— Section 502(hh) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply beginning on the earlier of—
(1)
a date to be determined by the Secretary of Health and Human Services; or
(2)
the date that is 2 years after the date of the enactment of this Act.