PUBLIC LAW 103-80 —AUG. 13, 1993 107 STAT. 773 Public Law 103-80 103d Congress An Act To clarify and revise the small business exemption from the nutrition labeling Aug. 13, 1993 requirements of the Federal Food, Drug, and Cosmetic Act, and for other purposes. [H.R. 2900] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Nutrition Labeling and SECTION 1. SHORT TITLE. Education Act This Act may be cited as the **Nutrition Labeling and Education 1993" Act Amendments of 1993". 21 USC 301 note. SEC. 2. SMALL BUSINESS EXEMPTION. 21 USC 343 note. (a) APPLICATION OF EXISTING EXEMPTION.— (1) BEFORE MAY S, 1995. —Before May 8, 1995, the exemption provided by section 403(q)(5)(D) of the Federal Food, Drug, and Cosmetic Act shall be available in accordance with the regulations of the Secretary of Health and Human Services published at 21 C.F.R. 101.90X1X1X1993). (2) AFTER MAY 8, 1996.— After May 8, 1995, the exemption provided by section 403(q)(5)(D) of uie Federal Food, Drug, and Cosmetic Act shall only be available with respect to food when it is sold to consumers. (b) NEW EXEMPTION.—Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended by redesignating clauses (E) and (F) as clauses (F) and (G), respectively, and by adding after clause (D) the following: (E)(i) 6uring the 12-month period for wmch an exemption from subparagraphs (1) and (2) is claimed pursuant to this subclause, the requirements of such subparagraphs shall not apply to any food product if— "(I) the labeling for such product does not provide nutrition information or make a claim subject to paragraph (r), "(11) the person who claims for such product an exemption from such subparagraphs employed fewer than an average of 100 full-time equivcuent employees, "(III) such person provided the notice described in subclause (iii), and "(IV) in the case of a food product which was sold in the 12-month period preceding the period for which an exemption was claimed, fewer than 100,000 units of such product were sold in the United States during such preceding period, or in the case of a food product which was not sold in the 12-month period preceding the period for which such exemption is claimed, fewer than 100,000 units of such product are reasonably anticipated to be sold in the United States during the period for which such exemption is claimed.
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