I 115th CONGRESS 1st Session H. R. 2791 IN THE HOUSE OF REPRESENTATIVES June 6, 2017 Ms. Meng introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to treat infant formula as adulterated if its use-by date has passed.

1. Short title This Act may be cited as the Infant Formula Protection Act of 2017 . 2. Expired infant formula (a) Adulteration Section 412(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a(a) ) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting , or ; and (3) by adding at the end the following: (4) such infant formula’s use-by date, as specified in the formula’s labeling in accordance with section 107.20 of title 21, Code of Federal Regulations (or any successor regulations), has passed. . (b) Applicability The amendment made by subsection (a) applies beginning on the date that is 6 months after the date of enactment of this Act.