I 116th CONGRESS 1st Session H. R. 2267 IN THE HOUSE OF REPRESENTATIVES April 10, 2019 Ms. Meng (for herself and Ms. Kuster of New Hampshire ) 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 2019 . 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) the use by date of such infant formula, as specified in the labeling of such formula 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.