Page:United States Statutes at Large Volume 124.djvu/3967

 124 STAT. 3941 PUBLIC LAW 111–353—JAN. 4, 2011 on the actions required by the order and on why the article that is the subject of the order should not be recalled. ‘‘(d) POST-HEARING RECALL ORDER AND MODIFICATION OF ORDER.— ‘‘(1) AMENDMENT OF ORDER.—If, after providing opportunity for an informal hearing under subsection (c), the Secretary determines that removal of the article from commerce is nec- essary, the Secretary shall, as appropriate— ‘‘(A) amend the order to require recall of such article or other appropriate action; ‘‘(B) specify a timetable in which the recall shall occur; ‘‘(C) require periodic reports to the Secretary describing the progress of the recall; and ‘‘(D) provide notice to consumers to whom such article was, or may have been, distributed. ‘‘(2) VACATING OF ORDER.—If, after such hearing, the Sec- retary determines that adequate grounds do not exist to con- tinue the actions required by the order, or that such actions should be modified, the Secretary shall vacate the order or modify the order. ‘‘(e) RULE REGARDING ALCOHOLIC BEVERAGES.—The Secretary shall not initiate a mandatory recall or take any other action under this section with respect to any alcohol beverage until the Secretary has provided the Alcohol and Tobacco Tax and Trade Bureau with a reasonable opportunity to cease distribution and recall such article under the Alcohol and Tobacco Tax and Trade Bureau authority. ‘‘(f) COOPERATION AND CONSULTATION.—The Secretary shall work with State and local public health officials in carrying out this section, as appropriate. ‘‘(g) PUBLIC NOTIFICATION.—In conducting a recall under this section, the Secretary shall— ‘‘(1) ensure that a press release is published regarding the recall, as well as alerts and public notices, as appropriate, in order to provide notification— ‘‘(A) of the recall to consumers and retailers to whom such article was, or may have been, distributed; and ‘‘(B) that includes, at a minimum— ‘‘(i) the name of the article of food subject to the recall; ‘‘(ii) a description of the risk associated with such article; and ‘‘(iii) to the extent practicable, information for con- sumers about similar articles of food that are not affected by the recall; ‘‘(2) consult the policies of the Department of Agriculture regarding providing to the public a list of retail consignees receiving products involved in a Class I recall and shall consider providing such a list to the public, as determined appropriate by the Secretary; and ‘‘(3) if available, publish on the Internet Web site of the Food and Drug Administration an image of the article that is the subject of the press release described in (1). ‘‘(h) NO DELEGATION.—The authority conferred by this section to order a recall or vacate a recall order shall not be delegated to any officer or employee other than the Commissioner. Web posting. Publication. Notices.