Pub. L. 111-353, tit. II, sec. 211
IMPROVING THE REPORTABLE FOOD REGISTRY.
SEC. 211. IMPROVING THE REPORTABLE FOOD REGISTRY.(a) In General.—Section 417 (21 U.S.C. 350f) is amended—124 STAT. 3952(1) by redesignating subsections (f) through (k) as subsections (i) through (n), respectively; and(2) by inserting after subsection (e) the following:“(f) Critical Information.—Except with respect to fruits and vegetables that are raw agricultural commodities, not more than 18 months after the date of enactment of the FDA Food Safety Modernization Act, the Secretary may require a responsible party to submit to the Secretary consumer-oriented information regarding a reportable food, which shall include—“(1) a description of the article of food as provided in subsection (e)(3);“(2) as provided in subsection (e)(7), affected product identification codes, such as UPC, SKU, or lot or batch numbers sufficient for the consumer to identify the article of food;“(3) contact information for the responsible party as provided in subsection (e)(8); and“(4) any other information the Secretary determines is necessary to enable a consumer to accurately identify whether such consumer is in possession of the reportable food.“(g) Grocery Store Notification.—“(1) Action by secretary.—The Secretary shall—“(A) prepare the critical information described under subsection (f) for a reportable food as a standardized one-page summary;“(B) publish such one-page summary on the Internet website of the Food and Drug Administration in a format that can be easily printed by a grocery store for purposes of consumer notification.“(2) Action by grocery store.—A notification described under paragraph (1)(B) shall include the date and time such summary was posted on the Internet website of the Food and Drug Administration.“(h) Consumer Notification.—“(1) In general.—If a grocery store sold a reportable food that is the subject of the posting and such establishment is part of chain of establishments with 15 or more physical locations, then such establishment shall, not later than 24 hours after a one page summary described in subsection (g) is published, prominently display such summary or the information from such summary via at least one of the methods identified under paragraph (2) and maintain the display for 14 days.“(2) List of conspicuous locations.—Not more than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall develop and publish a list of acceptable conspicuous locations and manners, from which grocery stores shall select at least one, for providing the notification required in paragraph (1). Such list shall include—“(A) posting the notification at or near the register;“(B) providing the location of the reportable food;“(C) providing targeted recall information given to customers upon purchase of a food; and“(D) other such prominent and conspicuous locations and manners utilized by grocery stores as of the date of the enactment of the FDA Food Safety Modernization Act to provide notice of such recalls to consumers as considered appropriate by the Secretary.”.124 STAT. 3953(b) Prohibited Act.—Section 301 (21 U.S.C. 331), as amended by section 206, is amended by adding at the end the following:“(yy) The knowing and willful failure to comply with the notification requirement under section 417(h).”.(c) Conforming Amendment.—Section 301(e) (21 U.S.C. 331(e)) is amended by striking “417(g)” and inserting “417(j)”.