Text: H.R.1907 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (04/02/2009)


111th CONGRESS
1st Session
H. R. 1907


To amend the Federal Food, Drug, and Cosmetic Act to use consumer information maintained by retailers to improve recalls of food, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

April 2, 2009

Mr. Castle (for himself and Ms. Harman) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Federal Food, Drug, and Cosmetic Act to use consumer information maintained by retailers to improve recalls of food, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Improving Communication with Consumers During Food Recall Act of 2009”.

SEC. 2. Using consumer information maintained by retailers to improve recalls of food.

(a) Prohibited act.—Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

“(oo) The failure to comply with an order issued under section 418 (regarding recalls of food).”.

(b) Recall notices.—Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

“SEC. 418. Using consumer information maintained by retailers to improve recalls of food.

“(a) Applicability.—This section applies in the case of any recall, whether voluntary or mandatory, of food that is adulterated or misbranded in a manner that, if consumed, may result in illness or injury.

“(b) Recall notice.—

“(1) RETAILER REQUIREMENTS.—To facilitate a recall described in subsection (a), the Secretary may by order require any retailer of the food—

“(A) to inform the Secretary regarding whether the retailer has a system in place capable of identifying the persons who purchased the food; and

“(B) to issue a recall notice to those persons if the retailer does have such a system in place.

“(2) ISSUANCE OF NOTICE.—A recall notice issued under paragraph (1) shall—

“(A) be made in such manner (which may include the use of telephone calls or electronic mail) and contain such information as the Secretary may require; and

“(B) be issued by—

“(i) the retailer; or

“(ii) a third party selected by the retailer.

“(c) Reimbursement.—If the Secretary requires a retailer to issue a recall notice for food under subsection (b), the Secretary shall—

“(1) identify the manufacturers, importers, distributors, or other persons that most likely caused the adulteration or misbranding of the food; and

“(2) by order require such persons to reimburse the retailer for any costs incurred to comply with an order issued under subsection (b).

“(d) Rule of construction.—This section shall not be construed to authorize the Secretary to require any retailer—

“(1) to establish or maintain a system described in subsection (b)(1)(A); or

“(2) to provide any information on the retailer’s customers, inventory, or sales to the manufacturer, importer, or distributor of the recalled food or to any person required under subsection (c) to pay reimbursement.”.