; and (2) not later than 2 years after the date of enactment of this Act, finalize such rule. 4. Poppy seeds as an adulterant Nothing in this Act and the amendment made by this Act shall be construed as preventing the Secretary of Health and Human Services from— (1) determining that poppy seeds contaminated with morphine, codeine, or another alkaloid compound that may render food injurious to health are adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act ( 42 U.S.C. 342 ), in violation of section 423 of such Act ( 21 U.S.C. 350l ), or in violation of any other provision of such Act; or (2) exempting such contaminated seeds from regulation under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ).