Page:United States Statutes at Large Volume 124.djvu/3914

 124 STAT. 3888 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(2) HEARING ON SUSPENSION.—The Secretary shall provide the registrant subject to an order under paragraph (1) with an opportunity for an informal hearing, to be held as soon as possible but not later than 2 business days after the issuance of the order or such other time period, as agreed upon by the Secretary and the registrant, on the actions required for reinstatement of registration and why the registration that is subject to suspension should be reinstated. The Secretary shall reinstate a registration if the Secretary determines, based on evidence presented, that adequate grounds do not exist to continue the suspension of the registration. ‘‘(3) POST-HEARING CORRECTIVE ACTION PLAN; VACATING OF ORDER.— ‘‘(A) CORRECTIVE ACTION PLAN.—If, after providing opportunity for an informal hearing under paragraph (2), the Secretary determines that the suspension of registra- tion remains necessary, the Secretary shall require the registrant to submit a corrective action plan to demonstrate how the registrant plans to correct the conditions found by the Secretary. The Secretary shall review such plan not later than 14 days after the submission of the corrective action plan or such other time period as determined by the Secretary. ‘‘(B) VACATING OF ORDER.—Upon a determination by the Secretary that adequate grounds do not exist to con- tinue the suspension actions required by the order, or that such actions should be modified, the Secretary shall promptly vacate the order and reinstate the registration of the facility subject to the order or modify the order, as appropriate. ‘‘(4) EFFECT OF SUSPENSION.—If the registration of a facility is suspended under this subsection, no person shall import or export food into the United States from such facility, offer to import or export food into the United States from such facility, or otherwise introduce food from such facility into interstate or intrastate commerce in the United States. ‘‘(5) REGULATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall promulgate regulations to implement this subsection. The Secretary may promulgate such regulations on an interim final basis. ‘‘(B) REGISTRATION REQUIREMENT.—The Secretary may require that registration under this section be submitted in an electronic format. Such requirement may not take effect before the date that is 5 years after the date of enactment of the FDA Food Safety Modernization Act. ‘‘(6) APPLICATION DATE.—Facilities shall be subject to the requirements of this subsection beginning on the earlier of— ‘‘(A) the date on which the Secretary issues regulations under paragraph (5); or ‘‘(B) 180 days after the date of enactment of the FDA Food Safety Modernization Act. ‘‘(7) NO DELEGATION.—The authority conferred by this sub- section to issue an order to suspend a registration or vacate an order of suspension shall not be delegated to any officer or employee other than the Commissioner.’’. (2) SMALL ENTITY COMPLIANCE POLICY GUIDE.—Not later than 180 days after the issuance of the regulations promulgated Deadline. 21 USC 350d note. Effective dates. Deadline. Deadline.