S.Amdt. 1696

SA 1696. Mr. ENZI submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COMPLIANCE WITH WORLD TRADE ORGANIZATION PROVISIONS.

Section 907 of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b)(3) of the Family Smoking Prevention and Tobacco Control Act (Public law 111-31)) is amended by adding at the end the following:

“(g) Compliance With Trade Agreements.--If the United States Trade Representative notifies the Secretary that the prohibition contained in subsection (a)(1)(A) with respect to any artificial or natural flavor or any herb or spice may result in a violation of a trade agreement, the Secretary shall provide the Trade Representative with evidence in support of the conclusion that the prohibition is appropriately designed to protect public health. The Secretary may by regulation provide an exception or revision from such prohibition if necessary to ensure compliance with the trade agreement.”.