Enforcement reaches only failures 180 days after enactment
What the document says“The Secretary of Health and Human Services may take enforcement action under section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) only for failures described in section 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on or after the date that is 180 days after the date of enactment of this Act.”
Subsection (d) of section 6602 provides that the Secretary may take enforcement action only for failures occurring on or after 180 days from enactment. Subsection (c) makes a conforming amendment to section 303(f)(4)(A) of that Act, adding a reference to section 505B.
What the document actually says“The Secretary of Health and Human Services may take enforcement action under section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) only for failures described in section 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on or after the date that is 180 days after the date of enactment of this Act.”
The health chief may act on some failures only. They must happen 180 days after the day this law passed, or later.
A new penalty should not reach back over old conduct. The 180 days give makers notice. After that the rule bites.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.