19 U.S.C. § 2575b — Subpart definitions

Page 752 TITLE 19—CUSTOMS DUTIES § 2572 the following, and any amendment or change to any of the following: ‘‘(A) The specification of the characteristics of a product, including, but not limited to, levels of qual- ity, performance, safety, or dimensions. ‘‘(B) Specifications relating to the terminology, symbols, testing and test methods, packaging, or marking or labeling requirements applicable to a product. ‘‘(C) Administrative procedures related to the ap- plication of any specification referred to in paragraph (A) or (B).’’ Par. (14). Pub. L. 103–465, § 351(e)(8), substituted ‘‘, technical regulation, or conformity assessment pro- cedure’’ for ‘‘or any certification system’’. Pars. (17), (18). Pub. L. 103–465, § 351(e)(9), added par. (17) and redesignated former par. (17) as (18). 1993—Par. (12). Pub. L. 103–182 amended par. (12) gen- erally. Prior to amendment, par. (12) read as follows: ‘‘(12) SPECIAL REPRESENTATIVE.—The term ‘Special Representative’ means the Special Representative for Trade Negotiations.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. § 2572. Exemptions This subchapter does not apply to— (1) any standards activity engaged in by any Federal agency or State agency for the use (including, but not limited to, use with respect to research and development, production, or consumption) of that agency or the use of an- other such agency; or (2) any standards activity engaged in by any private person solely for use in the production or consumption of products by that person. (Pub. L. 96–39, title IV, § 452, July 26, 1979, 93 Stat. 250.) § 2573. Reports to Congress on operation of agreement As soon as practicable after the close of the 3- year period beginning on the date on which this subchapter takes effect, and as soon as prac- ticable after the close of each succeeding 3-year period through 2001, the Trade Representative shall prepare and submit to Congress a report containing an evaluation of the operation of the Agreement, both domestically and internation- ally, during the period. (Pub. L. 96–39, title IV, § 453, July 26, 1979, 93 Stat. 250; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title III, § 351(f), Dec. 8, 1994, 108 Stat. 4957; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1994—Pub. L. 103–465 inserted ‘‘through 2001’’ after ‘‘succeeding 3-year period’’. 1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Rep- resentative’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. PART E—STANDARDS AND MEASURES UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT SUBPART 1—SANITARY AND PHYTOSANITARY MEASURES § 2575. General Nothing in this subpart may be construed— (1) to prohibit a Federal agency or State agency from engaging in activity related to sanitary or phytosanitary measures to protect human, animal, or plant life or health; or (2) to limit the authority of a Federal agen- cy or State agency to determine the level of protection of human, animal, or plant life or health the agency considers appropriate. (Pub. L. 96–39, title IV, § 461, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.) § 2575a. 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) any sanitary or phytosanitary measure of general application, including any control or inspection procedure or approval procedure proposed, adopted, or maintained by a Federal or State agency; (2) the procedures of a Federal or State agency for risk assessment, and factors the agency considers in conducting the assessment and in establishing the levels of protection that the agency considers appropriate; (3) the membership and participation of the Federal Government and State governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements re- garding sanitary and phytosanitary measures, and the provisions of those systems and ar- rangements; and (4) the location of notices of the type re- quired under article 719 of the NAFTA, or where the information contained in such no- tices can be obtained. (Pub. L. 96–39, title IV, § 462, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.) § 2575b. Subpart definitions Notwithstanding section 2571 of this title, for purposes of this subpart— (1) Animal The term ‘‘animal’’ includes fish, bees, and wild fauna. (2) Approval procedure The term ‘‘approval procedure’’ means any registration, notification, or other mandatory administrative procedure for— 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.