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21 U.S.C. § 350fReportable food registry

submitted 88 years ago by Pub. L. 110-85 to r/title-21-FOOD-AND-DRUGS · 2,066 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FDA must run a Reportable Food Registry for foods likely to cause serious harm. Responsible parties and health officials must report such foods to the FDA within set deadlines. The FDA can require follow-up notices, post public summaries, and grocery chains must display and post them.

(a) Definitions. (1) "Responsible party" means whoever registered a food facility where the food in question is made, processed, packed, or stored. (2) "Reportable food" means any food, other than infant formula, where there's a reasonable chance that using or being exposed to it will cause serious health harm or death to people or animals. (b) Setting up the registry. (1) Within 1 year of September 27, 2007, the FDA must create a "Reportable Food Registry" — an electronic portal where the FDA logs reportable-food instances submitted by federal, state, and local public health officials, or by responsible parties. (2) The FDA must promptly review and assess what's submitted, to identify reportable foods, log registry entries, act under subsection (c), and use its other food-safety powers to protect public health. (c) FDA alerts. (1) The FDA must issue an alert or notification about a reportable food, using registry information, whenever it thinks that's necessary to protect public health. (2) This doesn't limit the FDA's power to issue alerts under any other law. (d) Reporting and notification requirements. (1) Except as (2) allows, within 24 hours of determining a food is "reportable," the responsible party must submit a report through the electronic portal with the data elements from subsection (e), except items (8), (9), and (10), and must investigate the cause if the contamination may have started with them. (2) No report is needed if the contamination started with the responsible party, they caught it before the food was transferred to anyone else, and they either fixed the problem or destroyed the food. (3) Public health officials can also submit reports through the same portal, including whatever data elements they can provide. (4) The FDA must issue each report a unique tracking number through the portal, so it can link related reports and trace the food's supply chain. (5) The FDA must promptly review each submitted report. (6) After talking with the responsible party who reported, the FDA can require them, within an FDA-set deadline, to add the supply-chain-contact data element to their report, and/or to notify the immediate previous source and the immediate next recipient of the food — whichever the FDA thinks necessary — including whatever data elements and required actions the FDA specifies, plus any other information it requires. (7) Except as (8) allows, after a responsible party gets such a notification, the FDA can require them, within an FDA-set deadline, to submit another report with required data, investigate the cause if contamination may have started with them, and/or notify the previous source and next recipient with required data and actions, the same as under (6). (8) If a responsible party gets a notification about food they already reported under (1), they don't have to file another report or make a separate notification; instead they must amend their original report to add the required supply-chain-contact information and the unique tracking number. (e) Data elements. Reports and notifications must include, as applicable: the responsible party's facility registration numbers; the date the food was found "reportable"; a description of the food, including quantity; the extent and nature of the contamination; if contamination may have started with the responsible party, their investigation results once known; what happened to the food, once known; product information like codes, use-by dates, and manufacturer, packer, or distributor names, enough to identify the food; the responsible party's contact information; contact information for supply-chain parties who were notified; any other information the FDA requires in a notification or follow-up report; and the unique tracking number assigned to the report. (f) Critical consumer information. Except for raw fruits and vegetables, within 18 months of January 4, 2011, the FDA can require a responsible party to submit consumer-facing information about a reportable food, including the food's description, identification codes (like UPC, SKU, or lot/batch numbers) enough for a consumer to recognize the product, the responsible party's contact information, and anything else the FDA thinks a consumer needs to tell if they have the food. (g) Grocery store notification. (1) The FDA must turn the critical consumer information into a standardized one-page summary and post it online in a printable format for grocery stores. (2) A store's notice must show the date and time the FDA posted that summary. (h) Consumer notification by stores. (1) If a grocery store sold the reportable food and is part of a chain with 15 or more locations, it must, within 24 hours of the FDA posting the one-page summary, prominently display the summary or its information using at least one FDA-approved method, and keep displaying it for 14 days. (2) Within 1 year of January 4, 2011, the FDA must publish a list of acceptable display locations and methods, from which stores pick at least one — including posting near the register, showing where the food is located in the store, giving targeted recall information at checkout, and other prominent methods stores were already using as of that date. (i) Coordination with other agencies. (1) The FDA must share information and coordinate with the Department of Agriculture, and must promptly forward any report about a USDA-regulated food to USDA. (2) The FDA must work with state and local health officials to share information and coordinate, to help cover food-supply safety — including foods regulated by states or localities that don't have to register with FDA — and to cut down on duplicated regulatory effort. (j) Record-keeping. A responsible party must keep records of every report received, notification made, and report submitted under this section for 2 years, and must let the FDA inspect those records on request. (k) Requests for registry information. Except for certain confidential registration information protected elsewhere in the law, the federal Freedom of Information Act applies to requests for registry records. (l) Safety report status. A report or notification under this section counts as a "safety report" under a separate provision of the drug and food safety law, and can come with a statement — which becomes part of any publicly released report — denying that filing it is an admission the product caused or contributed to a death, injury, or illness. (m) No admission. A report or notification under this section is never itself an admission that the food is adulterated or caused or contributed to a death, serious injury, or serious illness. (n) Homeland Security notification. If, after getting a report, the FDA suspects the food was deliberately contaminated, it must immediately notify the Secretary of Homeland Security and share relevant registry information.

facts

- Codified at 21 U.S.C. § 350f, titled "Reportable food registry," containing 2,066 words. - Enacted as § 417 of the Federal Food, Drug, and Cosmetic Act (ch. 675) on June 25, 1938, and added by Pub. L. 110–85, title X, § 1005(b), Sept. 27, 2007, 121 Stat. 965. - Amended once by Pub. L. 111–353, title II, § 211(a), Jan. 4, 2011, 124 Stat. 3951, per the source-credit line (amendmentCount: 2). - Source credit contains two statutory references: the original enacting Pub. L. 110–85 provision and the subsequent amending Pub. L. 111–353 provision.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Responsible party

The term “responsible party”, with respect to an article of food, means a person that submits the registration under section 350d(a) of this title for a food facility that is required to register under section 350d(a) of this title, at which such article of food is manufactured, processed, packed, or held.

(2) Reportable food

The term “reportable food” means an article of food (other than infant formula) for which there is a reasonable probability that the use of, or exposure to, such article of food will cause serious adverse health consequences or death to humans or animals.

(b) Establishment
(1) In general

Not later than 1 year after September 27, 2007, the Secretary shall establish within the Food and Drug Administration a Reportable Food Registry to which instances of reportable food may be submitted by the Food and Drug Administration after receipt of reports under subsection (d), via an electronic portal, from—

(A)

Federal, State, and local public health officials; or

(B)

responsible parties.

(2) Review by Secretary

The Secretary shall promptly review and assess the information submitted under paragraph (1) for the purposes of identifying reportable food, submitting entries to the Reportable Food Registry, acting under subsection (c), and exercising other existing food safety authorities under this chapter to protect the public health.

(c) Issuance of an alert by the Secretary
(1) In general

The Secretary shall issue, or cause to be issued, an alert or a notification with respect to a reportable food using information from the Reportable Food Registry as the Secretary deems necessary to protect the public health.

(2) Effect

Paragraph (1) shall not affect the authority of the Secretary to issue an alert or a notification under any other provision of this chapter.

(d) Reporting and notification
(1) In general

Except as provided in paragraph (2), as soon as practicable, but in no case later than 24 hours after a responsible party determines that an article of food is a reportable food, the responsible party shall—

(A)

submit a report to the Food and Drug Administration through the electronic portal established under subsection (b) that includes the data elements described in subsection (e) (except the elements described in paragraphs (8), (9), and (10) of such subsection); and

(B)

investigate the cause of the adulteration if the adulteration of the article of food may have originated with the responsible party.

(2) No report required

A responsible party is not required to submit a report under paragraph (1) if—

(A)

the adulteration originated with the responsible party;

(B)

the responsible party detected the adulteration prior to any transfer to another person of such article of food; and

(C)

the responsible party—

(i)

corrected such adulteration; or

(ii)

destroyed or caused the destruction of such article of food.

(3) Reports by public health officials

A Federal, State, or local public health official may submit a report about a reportable food to the Food and Drug Administration through the electronic portal established under subsection (b) that includes the data elements described in subsection (e) that the official is able to provide.

(4) Report number

The Secretary shall ensure that, upon submission of a report under paragraph (1) or (3), a unique number is issued through the electronic portal established under subsection (b) to the person submitting such report, by which the Secretary is able to link reports about the reportable food submitted and amended under this subsection and identify the supply chain for such reportable food.

(5) Review

The Secretary shall promptly review a report submitted under paragraph (1) or (3).

(6) Response to report submitted by a responsible party

After consultation with the responsible party that submitted a report under paragraph (1), the Secretary may require such responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, 1 or more of the following:

(A)

Amend the report submitted by the responsible party under paragraph (1) to include the data element described in subsection (e)(9).

(B)

Provide a notification—

(i)

to the immediate previous source of the article of food, if the Secretary deems necessary;

(ii)

to the immediate subsequent recipient of the article of food, if the Secretary deems necessary; and

(iii)

that includes—

(I)

the data elements described in subsection (e) that the Secretary deems necessary;

(II)

the actions described under paragraph (7) that the recipient of the notification shall perform, as required by the Secretary; and

(III)

any other information that the Secretary may require.

(7) Subsequent reports and notifications

Except as provided in paragraph (8), the Secretary may require a responsible party to perform, as soon as practicable, but in no case later than a time specified by the Secretary, after the responsible party receives a notification under subparagraph (C) or paragraph (6)(B), 1 or more of the following:

(A)

Submit a report to the Food and Drug Administration through the electronic portal established under subsection (b) that includes those data elements described in subsection (e) and other information that the Secretary deems necessary.

(B)

Investigate the cause of the adulteration if the adulteration of the article of food may have originated with the responsible party.

(C)

Provide a notification—

(i)

to the immediate previous source of the article of food, if the Secretary deems necessary;

(ii)

to the immediate subsequent recipient of the article of food, if the Secretary deems necessary; and

(iii)

that includes—

(I)

the data elements described in subsection (e) that the Secretary deems necessary;

(II)

the actions described under this paragraph that the recipient of the notification shall perform, as required by the Secretary; and

(III)

any other information that the Secretary may require.

(8) Amended report

If a responsible party receives a notification under paragraph (6)(B) or paragraph (7)(C) with respect to an article of food after the responsible party has submitted a report to the Food and Drug Administration under paragraph (1) with respect to such article of food—

(A)

the responsible party is not required to submit an additional report or make a notification under paragraph (7); and

(B)

the responsible party shall amend the report submitted by the responsible party under paragraph (1) to include the data elements described in paragraph (9), and, with respect to both such notification and such report, paragraph (11) of subsection (e).

(e) Data elements

The data elements described in this subsection are the following:

(1)

The registration numbers of the responsible party under section 350d(a)(3) 1 of this title.

(2)

The date on which an article of food was determined to be a reportable food.

(3)

A description of the article of food including the quantity or amount.

(4)

The extent and nature of the adulteration.

(5)

If the adulteration of the article of food may have originated with the responsible party, the results of the investigation required under paragraph (1)(B) or (7)(B) of subsection (d), as applicable and when known.

(6)

The disposition of the article of food, when known.

(7)

Product information typically found on packaging including product codes, use-by dates, and names of manufacturers, packers, or distributors sufficient to identify the article of food.

(8)

Contact information for the responsible party.

(9)

The contact information for parties directly linked in the supply chain and notified under paragraph (6)(B) or (7)(C) of subsection (d), as applicable.

(10)

The information required by the Secretary to be included in a notification provided by the responsible party involved under paragraph (6)(B) or (7)(C) of subsection (d) or required in a report under subsection (d)(7)(A).

(11)

The unique number described in subsection (d)(4).

(f) Critical information

Except with respect to fruits and vegetables that are raw agricultural commodities, not more than 18 months after January 4, 2011, the Secretary may require a responsible party to submit to the Secretary consumer-oriented information regarding a reportable food, which shall include—

(1)

a description of the article of food as provided in subsection (e)(3);

(2)

as provided in subsection (e)(7), affected product identification codes, such as UPC, SKU, or lot or batch numbers sufficient for the consumer to identify the article of food;

(3)

contact information for the responsible party as provided in subsection (e)(8); and

(4)

any other information the Secretary determines is necessary to enable a consumer to accurately identify whether such consumer is in possession of the reportable food.

(g) Grocery store notification
(1) Action by Secretary

The Secretary shall—

(A)

prepare the critical information described under subsection (f) for a reportable food as a standardized one-page summary;

(B)

publish such one-page summary on the Internet website of the Food and Drug Administration in a format that can be easily printed by a grocery store for purposes of consumer notification.

(2) Action by grocery store

A notification described under paragraph (1)(B) shall include the date and time such summary was posted on the Internet website of the Food and Drug Administration.

(h) Consumer notification
(1) In general

If a grocery store sold a reportable food that is the subject of the posting and such establishment is part of 2 chain of establishments with 15 or more physical locations, then such establishment shall, not later than 24 hours after a one page summary described in subsection (g) is published, prominently display such summary or the information from such summary via at least one of the methods identified under paragraph (2) and maintain the display for 14 days.

(2) List of conspicuous locations

Not more than 1 year after January 4, 2011, the Secretary shall develop and publish a list of acceptable conspicuous locations and manners, from which grocery stores shall select at least one, for providing the notification required in paragraph (1). Such list shall include—

(A)

posting the notification at or near the register;

(B)

providing the location of the reportable food;

(C)

providing targeted recall information given to customers upon purchase of a food; and

(D)

other such prominent and conspicuous locations and manners utilized by grocery stores as of January 4, 2011, to provide notice of such recalls to consumers as considered appropriate by the Secretary.

(i) Coordination of Federal, State, and local efforts
(1) Department of Agriculture

In implementing this section, the Secretary shall—

(A)

share information and coordinate regulatory efforts with the Department of Agriculture; and

(B)

if the Secretary receives a report submitted about a food within the jurisdiction of the Department of Agriculture, promptly provide such report to the Department of Agriculture.

(2) States and localities

In implementing this section, the Secretary shall work with the State and local public health officials to share information and coordinate regulatory efforts, in order to—

(A)

help to ensure coverage of the safety of the food supply chain, including those food establishments regulated by the States and localities that are not required to register under section 350d of this title; and

(B)

reduce duplicative regulatory efforts.

(j) Maintenance and inspection of records

The responsible party shall maintain records related to each report received, notification made, and report submitted to the Food and Drug Administration under this section for 2 years. A responsible party shall, at the request of the Secretary, permit inspection of such records as provided for section 3 350c of this title.

(k) Request for information

Except as provided by section 350d(a)(4)1 of this title, section 552 of title 5 shall apply to any request for information regarding a record in the Reportable Food Registry.

(l) Safety report

A report or notification under subsection (d) shall be considered to be a safety report under section 379v of this title and may be accompanied by a statement, which shall be part of any report released for public disclosure, that denies that the report or the notification constitutes an admission that the product involved caused or contributed to a death, serious injury, or serious illness.

(m) Admission

A report or notification under this section shall not be considered an admission that the article of food involved is adulterated or caused or contributed to a death, serious injury, or serious illness.

(n) Homeland Security notification

If, after receiving a report under subsection (d), the Secretary believes such food may have been deliberately adulterated, the Secretary shall immediately notify the Secretary of Homeland Security. The Secretary shall make relevant information from the Reportable Food Registry available to the Secretary of Homeland Security.

Source credit: (June 25, 1938, ch. 675, § 417, as added Pub. L. 110–85, title X, § 1005(b), Sept. 27, 2007, 121 Stat. 965; amended Pub. L. 111–353, title II, § 211(a), Jan. 4, 2011, 124 Stat. 3951.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 110-85 · 121 Stat. 965
  • 2011Amended · Pub. L. 111-353 · 124 Stat. 3951
The record establishes that this section originated as part of the Federal Food, Drug, and Cosmetic Act of June 25, 1938 (ch. 675), though its specific text was added later. According to the source credit, § 417 was added by Public Law 110–85, title X, § 1005(b), on September 27, 2007, and subsequently amended by Public Law 111–353, title II, § 211(a), on January 4, 2011. The source credit thus reflects a single substantive amendment following the section's initial enactment, indicating limited but meaningful legislative revision in the years after its creation. Historical context for this provision can be offered with reasonable confidence. Public Law 110–85 is the Food and Drug Administration Amendments Act of 2007, a broad statute reauthorizing and expanding FDA user-fee programs and other authorities; it is generally understood to have addressed multiple gaps in food and drug safety oversight identified in the mid-2000s. The later amending law, Public Law 111–353, is the FDA Food Safety Modernization Act of 2011, commonly understood as a comprehensive response to a series of high-profile foodborne illness outbreaks and calls for a more preventive, information-driven food safety system. Beyond this general legislative backdrop, the record does not establish the specific reasons Congress chose to create a "Reportable Food Registry" with the particular reporting, notification, and consumer-disclosure mechanisms detailed in the text, or why the 2011 amendment revised it as it did. Any more specific account of legislative intent would be speculative and is not supported by the materials provided.

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