INTERNATIONAL STANDARD-SETTING ACTIVITIES.

SEC. 432. INTERNATIONAL STANDARD-SETTING ACTIVITIES. Title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 et seq.) is amended by adding at the end the following new subtitle: “Subtitle F—International StandardSetting Activities “SEC. 491. NOTICE OF UNITED STATES PARTICIPATION IN INTERNATIONAL STANDARD-SETTING ACTIVITIES. “(a) In General.—The President shall designate an agency to be responsible for informing the public of the sanitary and 108 STAT. 4971phytosanitary standard-setting activities of each international standard-setting organization. “(b) Notification.—Not later than June 1 of each year, the agency designated under subsection (a) with respect to each international standard-setting organization shall publish notice in the Federal Register of the information specified in subsection (c) with respect to that organization. The notice shall cover the period ending on June 1 of the year in which the notice is published, and beginning on the date of the preceding notice under this sub-section, except that the first such notice shall cover the 1-year period ending on the date of the notice. “(c) Required Information.—The information to be provided in the notice under subsection (b) is— “(1) the sanitary or phytosanitary standards under consideration or planned for consideration by that organization; “(2) for each sanitary or phytosanitary standard specified in paragraph (1)— “(A) a description of the consideration or planned consideration of the standard; “(B) whether the United States is participating or plans to participate in the consideration of the standard; “(C) the agenda for the United States participation, if any; and “(D) the agency responsible for representing the United States with respect to the standard. “(d) Public Comment.—The agency specified in subsection (c)(2)(D) shall provide an opportunity for public comment with respect to the standards for which the agency is responsible and shall take the comments into account in participating in the consideration of the standards and in proposing matters to be considered by the organization. “SEC. 492. 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 Determination.—If 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. 108 STAT. 4972 “(c) Notice.—If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phystosanitary 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 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. “SEC. 493. DEFINITIONS. “(a) In General.—As used in this subtitle: “(1) Agency.—The term ‘agency’ means a Federal department or agency (or combination of Federal departments or agencies). “(2) Commissioner.—The term ‘Commissioner’ means the Commissioner of Food and Drugs. “(3) International standard-setting organization.—The term “international standard-setting organization’ means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard. “(4) Sanitary or phytosanitary standard.—The term ‘sanitary or phytosanitary standard’ means a standard intended to form a basis for a sanitary or phytosanitary measure. “(5) International standard.—The term ‘international standard’ moans a standard, guideline, or recommendation— “(A) regarding food safety, adopted by the Codex Alimentarius Commission, including a standard, guideline, or recommendation regarding decomposition elaborated by the Codex Committee on Fish and Fishery Products, food additives, contaminants, hygienic practice, and methods of analysis and sampling; “(B) regarding animal health and zoonoses, developed under the auspices of the International Office of Epizootics; “(C) regarding plant health, developed under the auspices of the Secretariat of the International Plant Protection Convention in cooperation with the North American Plant Protection Organization; or “(D) established by or developed under any other international organization agreed to by the NAFTA countries (as defined in section 2(4) of the North American Free Trade Agreement Implementation Act) or by the WTO members (as defined in section 2(10) of the Uruguay Round . Agreements Act). “(b) Other Definitions.—The definitions set forth in section 463 apply for purposes of this subtitle except that in applying paragraph (7) of section 463 with respect to a sanitary or phytosanitary measure of a foreign country, any reference in such paragraph to the United States shall be deemed to be a reference to that foreign country.”.