,,ii ,calendar ,no4 #cgb #aagth ,,congress #b;d ,session ,s4 #dbfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai 7legislative day1 ,may #ag71 #bjbb,mr4 ,lee 7for himself1 ,mr4 ,wicker1 ,mr4 ,daines1 ,mr4 ,cassidy1 and ,mr4 ,grassley7 introduced the following bill2 which was read the first time ,may #ai1 #bjbb,read the second time and placed on the calendar ,a ,,bill ,to suspend duties and other restrictions on the importation of infant formula to address the shortage of infant formula in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fixing ,our ,regulatory ,mayhem ,upsetting ,little ,americans ,act or the ,,formula ,act4 #b4 ,suspension of restrictions on importation of infant formula to address shortage 7a7 ,duty-free treatment of infant formula imported from certain countries 7#a7 ,in general ,during the #ahj-;day period beginning on the date of the enactment of this ,act1 infant formula described in paragraph 7#b7 shall enter the ,united ,states free of duty and free of quantitative limitation4 7#b7 ,infant formula described ,infant formula is described in this paragraph if the infant formula-- 7,a7 is classified under heading #aija4aj of the ,harmonized ,tariff ,schedule of the ,united ,states2 7,b7 is imported from a country described in paragraph 7#c72 and 7,c7 was approved by the agency of the government of that country that regulates infant formula4 7#c7 ,countries described ,a country described in this paragraph is any of the following3 7,a7 ,australia4 7,b7 ,israel4 7,c7 ,japan4 7,d7 ,new ,zealand4 7,e7 ,switzerland4 7,f7 ,south ,africa4 7,g7 ,the ,united ,kingdom4 7,h7 ,a member country of the ,european ,union4 7,i7 ,a member country of the ,european ,economic ,area4 7b7 ,temporary exemptions from ,,fda requirements 7#a7 ,in general ,with respect to any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a7 during the #ahj-;day period beginning on the date of the enactment of this ,act-- 7,a7 the requirements under section #dab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7 shall not apply2 7,b7 such infant formula may be manufactured1 processed1 packed1 or held in a domestic or foreign facility that is not registered under section #dae of such ,act 7#ba ,u4,s4,c4 #cej;d72 7,c7 the requirements under parts #ajf and #ajg of title #ba1 ,code of ,federal ,regulations1 shall not apply2 and 7,d7 such infant formula shall not be considered to be misbranded or adulterated solely on the basis of not being in compliance with the requirements of such section #dab or #dae1 or such part #ajf or #ajg4 7#b7 ,notification requirement 7,a7 ,in general ,a person who introduces or delivers for introduction into interstate commerce an infant formula pursuant to subsection 7a7 shall notify the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 if such person has knowledge which reasonably supports the conclusion that such infant formula-- 7i7 may not provide the nutrients required by section #dab7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7i772 or 7ii7 is a product that meets any criterion under section #djb7;a7 of such ,act 7#ba ,u4,s4,c4 #cdb7;a771 or which otherwise may be unsafe for infant consumption4 7,b7 ,knowledge defined ,for purposes of subparagraph 7,a71 the term knowledge as applied to a person subject to such subparagraph means-- 7i7 the actual knowledge that the manufacturer had2 or 7ii7 the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care4 7#c7 ,recall authority ,if the ,secretary determines that infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a7 is a product described in paragraph 7#b77;,a77ii71 the manufacturer or importer shall immediately take all actions necessary to recall shipments of such infant formula from all wholesale and retail establishments1 consistent with recall regulations and guidelines issued by the ,secretary4 7#d7 ,clarification ,section #hja7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha7;j77 shall apply with respect to any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a7 during the #ahj-;day period beginning on the date of the enactment of this ,act4 7c7 ,special supplemental nutrition program for women1 infants1 and children 7#a7 ,access for ,,wic beneficiaries ,notwithstanding any other provision of law1 any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a7 during the #ahj-;day period beginning on the date of enactment of this ,act is eligible for purchase using benefits received under the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7#b7 ,waivers 7,a7 ,definition of covered document ,in this paragraph1 the term covered document means the attachment entitled ,process for ,state ,agency ,waiver ,requests ,related to ,shortages to the letter of the ,secretary of ,agriculture dated ,february #ah1 #bjbb1 entitled ,voluntary ,recall of ,certain ,abbott ,powder ,formulas1 including ,similac1 ,alimentum and ,ele,care4 7,b7 ,waivers ,during the #ahj-;day period beginning on the date of enactment of this ,act1 the ,secretary of ,agriculture may grant any waiver described in the covered document1 including with respect to the exchange or issuance1 as applicable1 of infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a74 7d7 ,list of imported infant formula ,the ,secretary of ,agriculture1 in conjunction with the ,secretary of ,health and ,human ,services1 shall-- 7#a7 maintain a list of all infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection 7a7 during the #ahj-;day period beginning on the date of enactment of this ,act1 which shall include1 for each infant formula-- 7,a7 the country of origin2 7,b7 the recommended measurements for mixing or otherwise preparing the infant formula2 and 7,c7 the approved use and marketing status of the infant formula in the country of origin according to the applicable government entity that regulates infant formula in that country2 and 7#b7 make the list maintained under paragraph 7#a7 publicly available on the websites of each of the ,department of ,agriculture and the ,food and ,drug ,administration4 7e7 ,infant formula defined ,in this section1 the term infant formula has the meaning given that term in section #bja7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7z774 ,may #ai1 #bjbb,read the second time and placed on the calendar