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21 U.S.C. § 350l–1Annual report to Congress

submitted 15 years ago by Pub. L. 111-353 to r/title-21-FOOD-AND-DRUGS · 318 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FDA must report to Congress every year on its use of mandatory recall power and on public health advisories about unsafe food. The report must show how many companies got a recall opportunity, how many recalls happened, and where test results were missing.

(1) In general: Starting 2 years after January 4, 2011, and every year after that, 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 report covers the Secretary's use of the mandatory recall authority under section 350l, and any public health advisories the Secretary issued warning people not to eat a food because it's adulterated and poses an imminent danger to health. (2) Content: Each report must include, for that year: (A) the identity of every food that was the subject of a public health advisory described in paragraph (1), an opportunity to voluntarily cease distribution and recall under section 350l(a), or a mandatory recall order under section 350l(b); (B) how many responsible parties (as defined in section 350f) were formally given the chance to stop distributing and recall a food under section 350l(a); (C) how many of those responsible parties did not stop distribution or recall the food after being given that chance; (D) how many recall orders were issued under section 350l(b); and (E) a description of any cases where a recall under section 350l(b), or a public health advisory described in paragraph (1), happened without testing that actually confirmed the food was adulterated.
the actual law source: uscode.house.gov ↗public domain
(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)) 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) 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).

Source credit: (Pub. L. 111–353, title II, § 206(f), Jan. 4, 2011, 124 Stat. 3943.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 111-353 · 124 Stat. 3943

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-353 on 2011-01-04.

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