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Infant Formula Regulation

Exemption for Metabolic Formula 


U.S.C 21 Exemptions; regulatory oversight
(1) Any infant formula which is represented and labeled for use by an infant—(A) who has an inborn error of metabolism or a low birth weight, or(B) who otherwise has an unusual medical or dietary problem,is exempt from the requirements of subsections (a), (b), and (c) of this section. The manufacturer of an infant formula exempt under this paragraph shall, in the case of the exempt formula, be required to provide the notice required by subsection (e)(1) of this section only with respect to adulteration or misbranding described in subsection (e)(1)(B) of this section and to comply with the regulations prescribed by the Secretary under paragraph (2).(2) The Secretary may by regulation establish terms and conditions for the exemption of an infant formula from the requirements of subsections (a), (b), and (c) of this section. An exemption of an infant formula under paragraph (1) may be withdrawn by the Secretary if such formula is not in compliance with applicable terms and conditions prescribed under this paragraph.


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