Page:United States Statutes at Large Volume 121.djvu/987

 121 STAT. 966

PUBLIC LAW 110–85—SEPT. 27, 2007

dkrause on GSDDPC44 with PUBLAW

‘‘(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

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