Page:United States Statutes at Large Volume 124.djvu/3956

 124 STAT. 3930 PUBLIC LAW 111–353—JAN. 4, 2011 SEC. 204. ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING. (a) PILOT PROJECTS.— (1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’), taking into account recommendations from the Secretary of Agriculture and representatives of State departments of health and agri- culture, shall establish pilot projects in coordination with the food industry to explore and evaluate methods to rapidly and effectively identify recipients of food to prevent or mitigate a foodborne illness outbreak and to address credible threats of serious adverse health consequences or death to humans or animals as a result of such food being adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) or misbranded under section 403(w) of such Act (21 U.S.C. 343(w)). (2) CONTENT.—The Secretary shall conduct 1 or more pilot projects under paragraph (1) in coordination with the processed food sector and 1 or more such pilot projects in coordination with processors or distributors of fruits and vegetables that are raw agricultural commodities. The Secretary shall ensure that the pilot projects under paragraph (1) reflect the diversity of the food supply and include at least 3 different types of foods that have been the subject of significant outbreaks during the 5-year period preceding the date of enactment of this Act, and are selected in order to— (A) develop and demonstrate methods for rapid and effective tracking and tracing of foods in a manner that is practicable for facilities of varying sizes, including small businesses; (B) develop and demonstrate appropriate technologies, including technologies existing on the date of enactment of this Act, that enhance the tracking and tracing of food; and (C) inform the promulgation of regulations under sub- section (d). (3) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall report to Congress on the findings of the pilot projects under this subsection together with recommendations for improving the tracking and tracing of food. (b) ADDITIONAL DATA GATHERING.— (1) IN GENERAL.—The Secretary, in coordination with the Secretary of Agriculture and multiple representatives of State departments of health and agriculture, shall assess— (A) the costs and benefits associated with the adoption and use of several product tracing technologies, including technologies used in the pilot projects under subsection (a); (B) the feasibility of such technologies for different sectors of the food industry, including small businesses; and (C) whether such technologies are compatible with the requirements of this subsection. (2) REQUIREMENTS.—To the extent practicable, in carrying out paragraph (1), the Secretary shall— Recommenda- tions. 21 USC 2223.