,,ii #aagth ,,congress #b;d ,session ,s4 #dcej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #f1 #bjbb,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for the expedited and duty-free importation of infant formula that may be lawfully marketed in the ,european ,union1 ,canada1 ,japan1 or the ,united ,kingdom1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,infant ,formula ,act4 #b4 ,expedited importation of infant formula 7a7 ,authorization for importation and sale 7#a7 ,declaration of shortage ,the ,president may declare1 in consultation with the ,commissioner of ,food and ,drugs and through ,executive order1 that a shortage exists in the ,united ,states of infant formula with respect to any period specified in such order4 7#b7 ,authorization for importation and sale ,the ,president1 in consultation with the ,commissioner of ,food and ,drugs1 may authorize the importation1 distribution1 and sale of any covered infant formula1 notwithstanding the provisions of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq471 if the applicable brand1 manufacturer1 or manufacturing plant1 or the specific infant formula product1 is included in the ,executive order promulgated pursuant to the authority provided by paragraph 7#a74 ,such ,executive order may further specify1 with respect to such authorized products1 specific requirements with respect to the labeling or usage guidance to be eligible for importation1 distribution1 and sale pursuant to the authority provided by this paragraph4 7#c7 ,labeling requirements 7,a7 ,exemption from ,united ,states labeling requirements ,any provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 relating to labeling requirements for infant formula products imported into the ,united ,states shall not apply with respect to such products imported pursuant to the authority provided by paragraph 7#b74 7,b7 ,requirement with respect to foreign marketing eligibility ,notwithstanding subparagraph 7,a71 the ,commissioner of ,food and ,drugs shall require any retailer of covered infant formula imported subject to the authority provided by paragraph 7#b71 including an online retailer1 to include in an appropriate and conspicuous place next to the product or description of the product1 as applicable1 a label-- 7i7 that indicates that such product has not been approved for importation1 distribution1 or sale by the ,commissioner of ,food and ,drugs and is authorized for sale only subject to the provisions of this ,act2 and 7ii7 that may additionally indicate the foreign country or countries where such product may be lawfully marketed4 7#d7 ,termination of shortage ,the ,president may1 upon determining that a shortage no longer exists in the ,united ,states of infant formula1 terminate a declaration described in paragraph 7#a74 7b7 ,duty-,free treatment ,notwithstanding any other provision of law1 the ,president may1 during any period in which an infant formula shortage is declared in accordance with subsection 7a77#a71 reduce or suspend any duties imposed-- 7#a7 with respect to the importation of covered infant formula2 or 7#b7 with respect to any other article used in the production of infant formula that the importer certifies is being imported for such production4 7c7 ,priority handling of entries ,during any period in which an infant formula shortage is declared in accordance with subsection 7a77#a71 the ,commissioner of ,u4,s4 ,customs and ,border ,patrol shall give the highest priority and take any steps as may be necessary to expedite the processing of all entries of covered infant formula and articles used in the production of infant formula 7as described in subsection 7b77#b774 7d7 ,covered infant formula ,in this ,act3 7#a7 ,covered infant formula 7,a7 ,in general ,subject to subparagraph 7,b71 the term covered infant formula means any infant formula that is lawfully marketed in the ,european ,union1 ,canada1 ,japan1 the ,united ,kingdom1 and any country the ,president determines to have sufficient health and safety standards with respect to infant formula4 7,b7 ,exception ,the ,president may exclude from the definition of covered infant formula products that-- 7i7 are not labeled in ,english or another language specified by the ,president2 7ii7 do not include instructions for the use of the product which incorporate the imperial system of measurement2 or 7iii7 include any potential allergen identified by the ,president4 7#b7 ,infant formula ,in paragraph 7#a71 the term infant formula has the meaning given to such term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7e7 ,use of ,defense ,production ,act authorities ,during any period in which an infant formula shortage is declared in accordance with subsection 7a77#a72 7#a7 the ,president may use authorities provided by the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 in the production of infant formula2 and 7#b7 infant formula shall be deemed to meet the criteria specified in section #aja7;b7 of such ,act4 7f7 ,sunset ,this ,act shall cease to be effective on the date that is #e years after the date of enactment of this ,act4