Enforcement of definition

(a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: (z) (1) If it uses a market name for an egg or egg product described in subparagraph (3) and is intended for use as a substitute for egg or egg products, and the food does not meet the criterion for being an egg or egg product, as described in subparagraph (2). (2) For purposes of this paragraph, a food is an egg only if the food is the reproductive output of avian poultry species, including an albumen or yolk that is, or was at any point, encased in a calcium-based shell. For purposes of this paragraph, a food is an egg product only if the food is an egg product described in part 160 of title 21, Code of Federal Regulations (or successor regulations). (3) A market name for an egg or egg product described in this subparagraph means the egg or egg product terms described in part 160 of title 21, Code of Federal Regulations (or successor regulations), section 590.5 of title 9, Code of Federal Regulations (or successor regulations), or the common and usual name for egg. (4) Nothing in this paragraph shall be construed to prohibit the use, with respect to a food, of the term egg or any derivative of such term solely because the food resembles an egg in shape, provided that the food is not represented as, or intended to be, a substitute for or an alternative to an egg or egg product described in subparagraph (2).. (b) Guidance (1) New guidance The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (A) not later than 180 days after the date of enactment of this Act, issue draft guidance on how enforcement of the amendment made by subsection (a) will be carried out; and (B) not later than 1 year after the date of enactment of this Act, issue final guidance on such enforcement. (2) Effect on certain previous guidance Effective on the date of enactment of this Act, any guidance with respect to eggs or egg products issued by the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, that is not consistent with paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as added by subsection (a), shall have no force or effect. (c) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, and in consultation with the Secretary of Agriculture, acting through the Administrator of the Food Safety and Inspection Service, shall report to Congress on actions taken with respect to food that is misbranded as described in paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by this Act, including warnings issued pursuant to such paragraph and penalties assessed under section 303 of such Act (21 U.S.C. 333) with respect to such paragraph. If food that is misbranded under such section 403(z) is offered for sale in interstate commerce at the time of such report, the Commissioner of Food and Drugs shall include in such report an updated plan for actions to be taken with respect to such food.