Page:United States Statutes at Large Volume 124.djvu/3930

 124 STAT. 3904 PUBLIC LAW 111–353—JAN. 4, 2011 food in the normal course of business, or, in the case of Internet sales, in an electronic notice. ‘‘(B) NO ADDITIONAL LABEL.—Subparagraph (A) does not provide authority to the Secretary to require a label that is in addition to any label required under any other provision of this Act. ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—In the event of an active investiga- tion of a foodborne illness outbreak that is directly linked to a farm subject to an exemption under this subsection, or if the Secretary determines that it is necessary to protect the public health and prevent or mitigate a foodborne ill- ness outbreak based on conduct or conditions associated with a farm that are material to the safety of the food produced or harvested at such farm, the Secretary may withdraw the exemption provided to such farm under this subsection. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to expand or limit the inspection authority of the Secretary. ‘‘(4) DEFINITIONS.— ‘‘(A) QUALIFIED END-USER.—In this subsection, the term ‘qualified end-user’, with respect to a food means— ‘‘(i) the consumer of the food; or ‘‘(ii) a restaurant or retail food establishment (as those terms are defined by the Secretary for purposes of section 415) that is located— ‘‘(I) in the same State as the farm that pro- duced the food; or ‘‘(II) not more than 275 miles from such farm. ‘‘(B) CONSUMER.—For purposes of subparagraph (A), the term ‘consumer’ does not include a business. ‘‘(5) NO PREEMPTION.—Nothing in this subsection preempts State, local, county, or other non-Federal law regarding the safe production, harvesting, holding, transportation, and sale of fresh fruits and vegetables. Compliance with this subsection shall not relieve any person from liability at common law or under State statutory law. ‘‘(6) LIMITATION OF EFFECT.—Nothing in this subsection shall prevent the Secretary from exercising any authority granted in the other sections of this Act. ‘‘(g) CLARIFICATION.—This section shall not apply to produce that is produced by an individual for personal consumption. ‘‘(h) EXCEPTION FOR ACTIVITIES OF FACILITIES SUBJECT TO SEC- TION 418.—This section shall not apply to activities of a facility that are subject to section 418.’’. (b) SMALL ENTITY COMPLIANCE POLICY GUIDE.—Not later than 180 days after the issuance of regulations under section 419 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)), the Secretary of Health and Human Services shall issue a small entity compliance policy guide setting forth in plain language the requirements of such section 419 and to assist small entities in complying with standards for safe production and harvesting and other activities required under such section. (c) PROHIBITED ACTS.—Section 301 (21 U.S.C. 331), as amended by section 103, is amended by adding at the end the following: Deadline. 21 USC 350h note.