19 U.S.C. § 2576 — General

Page 753 TITLE 19—CUSTOMS DUTIES § 2576a (A) approving the use of an additive for a stated purpose or under stated conditions, or (B) establishing a tolerance for a stated purpose or under stated conditions for a con- taminant, in a food, beverage, or feedstuff prior to per- mitting the use of the additive or the mar- keting of a food, beverage, or feedstuff con- taining the additive or contaminant. (3) Contaminant The term ‘‘contaminant’’ includes pesticide and veterinary drug residues and extraneous matter. (4) Control or inspection procedure The term ‘‘control or inspection procedure’’ means any procedure used, directly or indi- rectly, to determine that a sanitary or phytosanitary measure is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, cer- tification, or other procedure involving the physical examination of a good, of the pack- aging of a good, or of the equipment or facili- ties directly related to production, marketing, or use of a good, but does not mean an ap- proval procedure. (5) Plant The term ‘‘plant’’ includes wild flora. (6) Risk assessment The term ‘‘risk assessment’’ means an eval- uation of— (A) the potential for the introduction, es- tablishment or spread of a pest or disease and associated biological and economic con- sequences; or (B) the potential for adverse effects on human or animal life or health arising from the presence of an additive, contaminant, toxin or disease-causing organism in a food, beverage, or feedstuff. (7) Sanitary or phytosanitary measure (A) In general The term ‘‘sanitary or phytosanitary measure’’ means a measure to— (i) protect animal or plant life or health in the United States from risks arising from the introduction, establishment, or spread of a pest or disease; (ii) protect human or animal life or health in the United States from risks arising from the presence of an additive, contaminant, toxin, or disease-causing or- ganism in a food, beverage, or feedstuff; (iii) protect human life or health in the United States from risks arising from a disease-causing organism or pest carried by an animal or plant, or a product there- of; or (iv) prevent or limit other damage in the United States arising from the introduc- tion, establishment, or spread of a pest. (B) Form The form of a sanitary or phytosanitary measure includes— (i) end product criteria; (ii) a product-related processing or pro- duction method; (iii) a testing, inspection, certification, or approval procedure; (iv) a relevant statistical method; (v) a sampling procedure; (vi) a method of risk assessment; (vii) a packaging and labeling require- ment directly related to food safety; and (viii) a quarantine treatment, such as a relevant requirement associated with the transportation of animals or plants or with material necessary for their survival during transportation. (Pub. L. 96–39, title IV, § 463, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2119.) SUBPART 2—STANDARDS-RELATED MEASURES § 2576. General (a) No bar to engaging in standards activity Nothing in this subpart shall be construed— (1) to prohibit a Federal agency from engag- ing in activity related to standards-related measures, including any such measure relat- ing to safety, the protection of human, ani- mal, or plant life or health, the environment or consumers; or (2) to limit the authority of a Federal agen- cy to determine the level it considers appro- priate of safety or of protection of human, ani- mal, or plant life or health, the environment or consumers. (b) Exclusion This subpart does not apply to— (1) technical specifications prepared by a Federal agency for production or consumption requirements of the agency; or (2) sanitary or phytosanitary measures under subpart 1. (Pub. L. 96–39, title IV, § 471, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2120.) § 2576a. Inquiry point The standards information center maintained under section 2544 of this title shall, in addition to the functions specified therein, make avail- able to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding— (1) the membership and participation of the Federal Government, State governments, and relevant nongovernmental bodies in the United States in international and regional standardizing bodies and conformity assess- ment systems, and in bilateral and multilat- eral arrangements regarding standards-related measures, and the provisions of those systems and arrangements; (2) the location of notices of the type re- quired under article 909 of the NAFTA, or where the information contained in such no- tice can be obtained; and (3) the Federal agency procedures for assess- ment of risk, and factors the agency considers in conducting the assessment and establishing the levels of protection that the agency con- siders appropriate.