Not later than 2 years after January 4, 2011, and annually thereafter, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the use of recall authority under section
350l of this title (as added by subsection (a)) [1] and any public health advisories issued by the Secretary that advise against the consumption of an article of food on the ground that the article of food is adulterated and poses an imminent danger to health.
(2) Content
The report under paragraph (1) shall include, with respect to the report year—
(A)the identity of each article of food that was the subject of a public health advisory described in paragraph (1), an opportunity to cease distribution and recall under subsection (a) ofsection
350l of this title, or a mandatory recall order under subsection (b) of such section;
(B)the number of responsible parties, as defined in section
350f of this title, formally given the opportunity to cease distribution of an article of food and recall such article, as described in section 350l(a) of such title;
(C)the number of responsible parties described in subparagraph (B) who did not cease distribution of or recall an article of food after given the opportunity to cease distribution or recall under section
350l(a) of this title;
(D)the number of recall orders issued under section
350l(b) of this title; and
(E)a description of any instances in which there was no testing that confirmed adulteration of an article of food that was the subject of a recall under section
350l(b) of this title or a public health advisory described in paragraph (1).
Not later than 2 years after January 4, 2011, and annually thereafter, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the use of recall authority under section
350l of this title (as added by subsection (a)) [1] and any public health advisories issued by the Secretary that advise against the consumption of an article of food on the ground that the article of food is adulterated and poses an imminent danger to health.
(2) Content
The report under paragraph (1) shall include, with respect to the report year—
(A)the identity of each article of food that was the subject of a public health advisory described in paragraph (1), an opportunity to cease distribution and recall under subsection (a) ofsection
350l of this title, or a mandatory recall order under subsection (b) of such section;
(B)the number of responsible parties, as defined in section
350f of this title, formally given the opportunity to cease distribution of an article of food and recall such article, as described in section 350l(a) of such title;
(C)the number of responsible parties described in subparagraph (B) who did not cease distribution of or recall an article of food after given the opportunity to cease distribution or recall under section
350l(a) of this title;
(D)the number of recall orders issued under section
350l(b) of this title; and
(E)a description of any instances in which there was no testing that confirmed adulteration of an article of food that was the subject of a recall under section
350l(b) of this title or a public health advisory described in paragraph (1).
Subsection (a), referred to in par. (1), means subsec. (a) ofsection
206 of Pub. L. 111–353.
Codification
Section was enacted as part of the FDA Food Safety Modernization Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.
Construction
Nothing in this section to be construed to alter jurisdiction and authorities established under certain other Acts or in a manner inconsistent with international agreements to which the United States is a party, see sections
2251 and
2252 of this title.
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