FLEXIBILITY FOR REGULATIONS REGARDING CLAIMS.

SEC. 301. FLEXIBILITY FOR REGULATIONS REGARDING CLAIMS. Section 403(r) (21 U.S.C. 343(r)) is amended by adding at the end the following: “(7) The Secretary may make proposed regulations issued under this paragraph effective upon publication pending consideration of public comment and publication of a final regulation if the Secretary determines that such action is necessary— “(A) to enable the Secretary to review and act promptly on petitions the Secretary determines provide for information necessary to— “(i) enable consumers to develop and maintain healthy dietary practices; “(ii) enable consumers to be informed promptly and effectively of important new knowledge regarding nutritional and health benefits of food; or “(iii) ensure that scientifically sound nutritional and health information is provided to consumers as soon as possible; or “(B) to enable the Secretary to act promptly to ban or modify a claim under this paragraph. Such proposed regulations snail be deemed final agency action for purposes of judicial review.”.