116 STAT. 666 PUBLIC LAW 107-188-JUNE 12, 2002 (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following paragraph: "(3) PERSONS SUBJECT TO PERMISSIVE DEBARMENT; FOOD IMPORTATION. — ^A person is subject to debarment under paragraph (1)(C) if— "(A) the person has been convicted of a felony for conduct relating to the importation into the United States of any food; or "(B) the person has engaged in a pattern of importing or offering for import adulterated food that presents a threat of serious adverse health consequences or death to humans or animals.". (b) CONFORMING AMENDMENTS. — Section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is amended— (1) in subsection (a), in the heading for the subsection, by striking "MANDATORY DEBARMENT. —" and inserting "M ANDATORY DEBARMENT; CERTAIN DRUG APPLICATIONS.— "; (2) in subsection (b)— (A) in the heading for the subsection, by striking "P ERM ISSIVE DEBARMENT.— " and inserting "PERMISSIVE DEBARMENT; CERTAIN DRUG APPLICATIONS; FOOD IMPORTS.— "; and (B) in paragraph (2), in the heading for the paragraph, by striking "PERMISSIVE DEBARMENT.— " and inserting " P ER M ISSIVE DEBARMENT; CERTAIN DRUG APPLICATIONS.— (3) in subsection (c)(2)(A)(iii), by striking "subsection (b)(2)" and inserting "paragraph (2) or (3) of subsection (b)"; (4) in subsection (d)(3)— (A) in subparagraph (A)(i), by striking "or (b)(2)(A)" and inserting " or paragraph (2)(A) or (3) of subsection (b)"; (B) in subparagraph (A)(ii)(II), by inserting "in applicable cases," before "sufficient audits"; (C) in subparagraph (B), in each of clauses (i) and (ii), by inserting "or subsection (b)(3)" after "subsection (b)(2)(B)"; and (D) in subparagraph (B)(ii), by inserting before the period the following: "or the food importation process, as the case may be". (c) EFFECTIVE DATES. —Section 306(1)(2) of the Federal Food, 21 USC 335a. Drug, and Cosmetic Act (21 U.S.C. 335a(l)(2)) is amended— (1) in the first sentence— (A) by striking "and" after "subsection (b)(2),"; and (B) by inserting ", and subsection (b)(3)(A)" after "subsection (b)(2)(B)"; and (2) in the second sentence, by inserting ", subsection (b)(3)(B)," after "subsection (b)(2)(B)". (d) PROHIBITED ACT. — Section 301 of the Federal Food, Drug, and Cosmetic Act, as amended by section 303(b) of this Act, is amended by adding at the end the following: "(cc) The importing or offering for import into the United States of an article of food by, with the assistance of, or at the direction of, a person debarred under section 306(b)(3).".
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