Food chemical reassessment

Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting after section 409A (as added by section 2(a)) the following: 409B. Food chemical reassessment (a) Safety reassessments (1) In general Not later than 3 years after the date of enactment of this section, and not less frequently than once every 3 years thereafter, the Secretary shall reassess the safety, within the meaning of section 409 or section 409A, of not less than 10 substances or classes of substances— (A) to determine if such substance or class of substances is safe within the meaning of section 409 or section 409A; and (B) to establish the conditions of use, if any, under which any such substance or class of substances may be used safely within the meaning of such section 409 or 409A. (2) Requirements for manufacturers The Secretary may require any manufacturer of a substance or class of substances that is being reassessed under paragraph (1) to provide data or to conduct evaluations of such substance or class of substances for purposes of the reassessment under paragraph (1). (3) Priority The Secretary may give priority to the reassessment of a substance or class of substances that is the subject of— (A) a food additive petition under section 409(b); (B) a color additive petition under section 721(d); or (C) a citizen petition to request the reassessment, restriction, or revocation of an existing authorization of such substance or class of substances. (b) Considerations In determining, for the purposes of this section, whether a substance or class of substances is unsafe within the meaning of section 409 or section 409A, the Secretary shall consider the information described in clauses (i) through (vi) of section 409A(a)(3)(B). (c) Rule of construction Nothing in this section alters the authority or duties of the Secretary with respect to the administration and enforcement of section 409 or section 409A..