(I) is reasonably certain to achieve destruction or
elimination in the food of the most resistant microorganisms of public health significance that are likely
to occur in the food;
(II) is at least as protective of the public health as
a process or treatment described in subparagraph (A);
(III) is effective for a period that is at least as long
as the shelf life of the food when stored under normal
and moderate abuse conditions; and
(IV) is the subject of a notification to the Secretary, including effectiveness data regarding the process or treatment; and
(ii) at least 120 days have passed after the date of receipt of such notification by the Secretary without the Secretary making a determination that the process or treatment involved has not been shown to meet the requirements of subclauses (I) through (III) of clause (i).
For purposes of paragraph (3), a determination by the Secretary
that a process or treatment has not been shown to meet the requirements of subclauses (I) through (III) of subparagraph (B)(i)
shall constitute final agency action under such subclauses.
(i) Unless its label bears (1) the common or usual name of the
food, if any there be, and (2) in case it is fabricated from two or
more ingredients, the common or usual name of each such ingredient and if the food purports to be a beverage containing vegetable
or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of such fruit or vegetable
juice contained in the food; except that spices, flavorings, and colors
not required to be certified under section 721(c) unless sold as
spices, flavorings, or such colors, may be designated as spices,
flavorings, and colorings without naming each. To the extent that
compliance with the requirements of clause (2) of this paragraph
is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the
Secretary