Page:United States Statutes at Large Volume 121.djvu/989

 121 STAT. 968

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Applicability.

VerDate Aug 31 2005

13:52 Jan 23, 2009

PUBLIC LAW 110–85—SEPT. 27, 2007

‘‘(11) The unique number described in subsection (d)(4). ‘‘(f) 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 415; and ‘‘(B) reduce duplicative regulatory efforts. ‘‘(g) 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 414. ‘‘(h) REQUEST FOR INFORMATION.—Except as provided by section 415(a)(4), section 552 of title 5, United States Code, shall apply to any request for information regarding a record in the Reportable Food Registry. ‘‘(i) SAFETY REPORT.—A report or notification under subsection (d) shall be considered to be a safety report under section 756 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. ‘‘(j) 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. ‘‘(k) 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.’’. (c) DEFINITION.—Section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)) is amended by striking ‘‘section 201(g)’’ and inserting ‘‘sections 201(g) and 417’’. (d) PROHIBITED ACTS.—Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), as amended by section 912, is further amended— (1) in subsection (e), by— (A) striking ‘‘414,’’ and inserting ‘‘414, 417(g),’’; and (B) striking ‘‘414(b)’’ and inserting ‘‘414(b), 417’’; and (2) by adding at the end the following:

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