Page:United States Statutes at Large Volume 124.djvu/3970

 124 STAT. 3944 PUBLIC LAW 111–353—JAN. 4, 2011 on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives on the use of recall authority under section 423 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) and any public health advisories issued by the Secretary that advise against the consumption of an article of food on the ground that the article of food is adulterated and poses an imminent danger to health. (2) CONTENT.—The report under paragraph (1) shall include, with respect to the report year— (A) the identity of each article of food that was the subject of a public health advisory described in paragraph (1), an opportunity to cease distribution and recall under subsection (a) of section 423 of the Federal Food, Drug, and Cosmetic Act, or a mandatory recall order under sub- section (b) of such section; (B) the number of responsible parties, as defined in section 417 of the Federal Food, Drug, and Cosmetic Act, formally given the opportunity to cease distribution of an article of food and recall such article, as described in section 423(a) of such Act; (C) the number of responsible parties described in subparagraph (B) who did not cease distribution of or recall an article of food after given the opportunity to cease distribution or recall under section 423(a) of the Federal Food, Drug, and Cosmetic Act; (D) the number of recall orders issued under section 423(b) of the Federal Food, Drug, and Cosmetic Act; and (E) a description of any instances in which there was no testing that confirmed adulteration of an article of food that was the subject of a recall under section 423(b) of the Federal Food, Drug, and Cosmetic Act or a public health advisory described in paragraph (1). SEC. 207. ADMINISTRATIVE DETENTION OF FOOD. (a) IN GENERAL.—Section 304(h)(1)(A) (21 U.S.C. 334(h)(1)(A)) is amended by— (1) striking ‘‘credible evidence or information indicating’’ and inserting ‘‘reason to believe’’; and (2) striking ‘‘presents a threat of serious adverse health consequences or death to humans or animals’’ and inserting ‘‘is adulterated or misbranded’’. (b) REGULATIONS.—Not later than 120 days after the date of enactment of this Act, the Secretary shall issue an interim final rule amending subpart K of part 1 of title 21, Code of Federal Regulations, to implement the amendment made by this section. (c) EFFECTIVE DATE.—The amendment made by this section shall take effect 180 days after the date of enactment of this Act. SEC. 208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS. (a) IN GENERAL.—The Administrator of the Environmental Protection Agency (referred to in this section as the ‘‘Adminis- trator’’), in coordination with the Secretary of Health and Human Services, Secretary of Homeland Security, and Secretary of Agri- culture, shall provide support for, and technical assistance to, State, local, and tribal governments in preparing for, assessing, decontami- nating, and recovering from an agriculture or food emergency. 21 USC 2225. 21 USC 334 note. Deadline. 21 USC 334 note.