2016 US Code
Title 19 - Customs Duties
Chapter 13 - Trade Agreements Act of 1979
Subchapter II - Technical Barriers to Trade (Standards)
Part F - International Standard-Setting Activities
Sec. 2578a - Equivalence determinations
19 U.S.C. § 2578a (2016) |
§2578a. Equivalence determinations |
(a) 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. (b) FDA determinationIf 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 (21 U.S.C. 301 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. (c) NoticeIf 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 [21 U.S.C. 301 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, §492, as added Pub. L. 103–465, title IV, §432, Dec. 8, 1994, 108 Stat. 4971; amended Pub. L. 104–295, §20(d)(1), Oct. 11, 1996, 110 Stat. 3529.) |
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, 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 section 301 of Title 21 and Tables. AMENDMENTS1996—Subsec. (c). Pub. L. 104–295 substituted "phytosanitary" for "phystosanitary" before "measure of the Food and Drug Administration". |
United States Code, 2012 Edition, Supplement 4, Title 19 - CUSTOMS DUTIES |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) Part F - International Standard-Setting Activities Sec. 2578a - Equivalence determinations |
section 2578a |
2016 |
January 6, 2017 |
No |
standard |
52 Stat. 1040 108 Stat. 4971 110 Stat. 3529 |
Public Law 96-39, Public Law 103-465, Public Law 104-295 |