Page:United States Statutes at Large Volume 124.djvu/3954

 124 STAT. 3928 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(7) REVIEW OF RECOGNITION.—To ensure compliance with the requirements of this section, the Secretary— ‘‘(A) shall periodically, and in no case less than once every 5 years, reevaluate accreditation bodies recognized under paragraph (1) and may accompany auditors from an accreditation body to assess whether the accreditation body meets the criteria for recognition; and ‘‘(B) shall promptly revoke the recognition of any accreditation body found not to be in compliance with the requirements of this section, specifying, as appropriate, any terms and conditions necessary for laboratories accred- ited by such body to continue to perform testing as described in this section. ‘‘(b) TESTING PROCEDURES.— ‘‘(1) IN GENERAL.—Not later than 30 months after the date of enactment of the FDA Food Safety Modernization Act, food testing shall be conducted by Federal laboratories or non-Fed- eral laboratories that have been accredited for the appropriate sampling or analytical testing methodology or methodologies by a recognized accreditation body on the registry established by the Secretary under subsection (a)(1)(B) whenever such testing is conducted— ‘‘(A) by or on behalf of an owner or consignee— ‘‘(i) in response to a specific testing requirement under this Act or implementing regulations, when applied to address an identified or suspected food safety problem; and ‘‘(ii) as required by the Secretary, as the Secretary deems appropriate, to address an identified or sus- pected food safety problem; or ‘‘(B) on behalf of an owner or consignee— ‘‘(i) in support of admission of an article of food under section 801(a); and ‘‘(ii) under an Import Alert that requires successful consecutive tests. ‘‘(2) RESULTS OF TESTING.—The results of any such testing shall be sent directly to the Food and Drug Administration, except the Secretary may by regulation exempt test results from such submission requirement if the Secretary determines that such results do not contribute to the protection of public health. Test results required to be submitted may be submitted to the Food and Drug Administration through electronic means. ‘‘(3) EXCEPTION.—The Secretary may waive requirements under this subsection if— ‘‘(A) a new methodology or methodologies have been developed and validated but a laboratory has not yet been accredited to perform such methodology or methodologies; and ‘‘(B) the use of such methodology or methodologies are necessary to prevent, control, or mitigate a food emer- gency or foodborne illness outbreak. ‘‘(c) REVIEW BY SECRETARY.—If food sampling and testing per- formed by a laboratory run and operated by a State or locality that is accredited by a recognized accreditation body on the registry established by the Secretary under subsection (a) result in a State recalling a food, the Secretary shall review the sampling and testing Waiver authority.