19 U.S.C. § 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 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 must 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 must issue a proposed regulation to incorporate such determination and must 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 must provide opportunity for interested persons to comment on the proposed regulation. The Commissioner must not issue a final regulation based on the proposal without taking into account the comments received. (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 phytosanitary measure of the Food and Drug Administration that does not have 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 must 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 must provide opportunity for interested persons to comment on the notice. The Commissioner must not issue a final determination on the issue of equivalency without taking into account the comments received.