I 111th CONGRESS 1st Session H. R. 1907 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.

1.

Short title

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

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:

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.

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