[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3114 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3114

   To improve communication to consumers when there is a food recall.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2010

Mrs. Gillibrand introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To improve communication to consumers when there is a food recall.

    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 ``Consumer Recall Notification Act''.

SEC. 2. IMPROVING COMMUNICATION TO THE PUBLIC REGARDING CLASS I FOOD 
              RECALLS.

    (a) Definitions.--In this section:
            (1) Class i recall.--The term ``Class I recall'' refers to 
        a food recall described in section 7.3(m)(1) of title 21, Code 
        of Federal Regulations.
            (2) Facility.--The term ``facility'' has the meaning given 
        that term in section 415 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 350d).
    (b) Communication of Information.--The Secretary of Health and 
Human Services, acting through the Commissioner of Food and Drugs and 
in consultation with the Secretary of Agriculture, shall improve 
communication between State entities, State and local health 
departments, and facilities in order to provide consumers with more, 
and timely, notification of Class I recalls by--
            (1) developing and distributing national and regional 
        advisories concerning Class I recalls;
            (2) developing standardized formats for such advisories, in 
        written and broadcast form, to be used by Federal, State, and 
        local health or food safety agencies; and
            (3) providing frontline health professionals, such as 
        emergency department practitioners, pediatricians, and family 
        practitioners, with information about symptoms to document and 
        tests that should be performed to diagnose foodborne illness in 
        relation to specific regional outbreaks that may occur as a 
        result of an adulterated product.
    (c) Distribution of Information.--
            (1) Requirement to notify retailers and restaurants.--A 
        facility that is subject to a Class I recall or a supplier that 
        supplied products subject to such a recall shall notify 
        applicable retail establishments and restaurants within 24 
        hours of the public announcement of such recall.
            (2) Information.--In order to distribute information as 
        necessary to carry out this Act, the Commissioner of Food and 
        Drugs may, notwithstanding any other provision of law--
                    (A) share commercial or financial information and 
                lists of facilities registered with such Commissioner, 
                with Federal, State, local, and foreign agencies, 
                provided such agencies assure confidentially of the 
                information;
                    (B) publish on the Internet website of the Food and 
                Drug Administration a list of retail establishments, 
                restaurants, and locations that sell or have sold 
                products that are subject to a Class I recall; and
                    (C) require on-site notification of a recalled 
                product by posting notification in the freezer case or 
                shelving unit in the retail establishment where the 
                product is sold.
            (3) Enforcement.--A facility that has not provided a 
        notification as described under paragraph (1) shall be liable 
        to the United States for a civil penalty in an amount of $1,000 
        per day, per notification of each level of distribution, that 
        has not been made within 24 hours of the public announcement of 
        the applicable Class I recall. Paragraphs (5), (6), (7) of 
        section 303(f) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 333(f)) shall apply to a violation described in the 
        preceding sentence in the same manner as such paragraphs apply 
        to a violation of paragraph (1) of such section 303(f).
    (d) Notification to Consumers by Retail Establishments.--
            (1) In general.--Retail establishments that use a customer 
        card system to track customer purchases or demographics shall 
        use such tracking information in the event of a Class I recall 
        to notify those customers that purchased a recalled product of 
        the dangers of eating such product. Customers shall be notified 
        by phone using the phone number the customer used to apply for 
        the card and a letter mailed to the address the customer used 
        to apply for the card.
            (2) Enforcement.--A retail establishment that fails to 
        comply with paragraph (1) shall be liable to the United States 
        for a civil penalty in an amount of $100 per applicable 
        customer for which a notification of such recall has not been 
        attempted. Paragraphs (5), (6), (7) of section 303(f) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) shall 
        apply to a violation described in the preceding sentence in the 
        same manner as such paragraphs apply to a violation of 
        paragraph (1) of such section 303(f).
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