PRIA, Government Policy, Made Personal

Summary

The Secretary of Health and Human Services must send a report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce. The first report was required no later than 2 years after January 4, 2011, and then a report is required every year after that. The report covers how the Secretary used the recall power in section 350l and any public health advisories that warned people not to eat a food because it was contaminated and an immediate danger to health. Each yearly report must say which foods were covered by an advisory or recall, how many responsible parties (the companies or people legally in charge of the food) were formally offered the chance to stop selling and recall the food, how many of those did not stop selling or recall, how many mandatory recall orders were issued, and any cases where there was no testing that showed the food was contaminated.

Title 21, §350l–1

Food and Drugs, Source: USLM XML via OLRC

(1)In general

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)) 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) of section 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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (a), referred to in par. (1), means subsec. (a) of section 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.

Statutory Notes and Related Subsidiaries

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 section 2251 and 2252 of this title.

§350l–1 Annual Report to Congress