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.
FDA determination
21 U.S.C. 301If 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 ( 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.
Notice
21 U.S.C. 301If 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 [ 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, § 492Pub. L. 103–465, title IV, § 432108 Stat. 4971Pub. L. 104–295, § 20(d)(1)110 Stat. 3529(, as added , , ; amended , , .)
Editorial Notes
References in Text
act June 25, 1938, ch. 67552 Stat. 1040section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b) and (c), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 104–2951996—Subsec. (c). substituted “phytosanitary” for “phystosanitary” before “measure of the Food and Drug Administration”.
Statutory Notes and Related Subsidiaries
Effective Date
section 451 of Pub. L. 103–465section 3601 of this titleSection effective on the date of entry into force of the WTO Agreement with respect to the United States (), except as otherwise provided, see , set out as a note under .