; and (bb) is not a food referenced in subclause (vii). ; and (7) by adding at the end the following: (xii) Opportunity to correct violations Any restaurant or similar retail food establishment that the Secretary determines is in violation of this clause shall have 90 days after receiving notification of the violation to correct the violation. The Secretary shall take no enforcement action, including the issuance of any public letter, for violations that are corrected within such 90-day period. . (b) National uniformity Section 403A(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–1(b) ) is amended by striking may exempt from subsection (a) and inserting may exempt from subsection (a) (other than subsection (a)(4)) . 3. Limitation on liability for damages arising from noncompliance with nutrition labeling requirements Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(q)(5)(H) ), as amended by section 2, is further amended by adding at the end the following: (xiii) Limitation on liability A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of— (I) this clause; or (II) any State law permitted under section 403A(a)(4). .