Page:United States Statutes at Large Volume 111 Part 3.djvu/266

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Ill STAT. 2354 PUBLIC LAW 105-115—NOV. 21, 1997 is unsafe, the Secretary shall not take any action before January 1, 2003, to ban lead and cadmium based enamel on such glass and ceramic ware. Any action taken after January 1, 2003, to ban such enamel on such glass and ceramic ware as an unapproved food additive shall be taken by regulation and such regulation shall provide that such products shall not be removed from the market before 1 year after publication of the final regulation. SEC. 309. FOOD CONTACT SUBSTANCES. (a) FOOD CONTACT SUBSTANCES.— Section 409(a) (21 U.S.C. 348(a)) is amended— (1) in paragraph (1)— (A) by striking "subsection (i)" and inserting "subsection (j)"; and (B) by striking at the end "or"; (2) by striking the period at the end of paragraph (2) and inserting "; or"; (3) by inserting after paragraph (2) the following: "(3) in the case of a food additive as defined in this Act that is a food contact substance, there is— "(A) in effect, and such substance and the use of such substance are in conformity with, a regulation issued under this section prescribing the conditions under which such additive may be safely used; or "(B) a notification submitted under subsection (h) that is effective."; and (4) by striking the matter following paragraph (3) (as added by paragraph (3)) and inserting the following flush sentence: "While such a regulation relating to a food additive, or such a notification under subsection (h)(1) relating to a food additive that is a food contact substance, is in effect, and has not been revoked pursuant to subsection (i), a food shall not, by reason of bearing or containing such a food additive in accordance with the regulation or notification, be considered adulterated under section 402(a)(1).". (b) NOTIFICATION FOR FOOD CONTACT SUBSTANCES. —Section 409 (21 U.S.C. 348), as amended by subsection (a), is further amended— (1) by redesignating subsections (h) and (i), as subsections (i) and 0), respectively; (2) by inserting after subsection (g) the following: "Notification Relating to a Food Contact Substance "(h)(1) Subject to such regulations as may be promulgated under paragraph (3), a manufacturer or supplier of a food contact substance may, at least 120 days prior to the introduction or delivery for introduction into interstate commerce of the food contact substance, notify the Secretary of the identity and intended use of the food contact substance, and of the determination of the manufacturer or supplier that the intended use of such food contact substance is safe under the standard described in subsection (c)(3)(A). The notification shall contain the information that forms the basis of the determination and all information required to be submitted by regulations promulgated by the Secretary. "(2)(A) A notification submitted under paragraph (1) shall become effective 120 days after the date of receipt by the Secretary and the food contact substance may be introduced or delivered for introduction into interstate commerce, unless the Secretary