I 

118TH CONGRESS 

2D SESSION H. R. 9443 

To amend the Federal Food, Drug, and Cosmetic Act to authorize the 

Secretary of Health and Human Services to share food safety information 

with State, local, Tribal, and Territorial authorities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 30, 2024 

Ms. ROSS 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 

authorize the Secretary of Health and Human Services 

to share food safety information with State, local, Tribal, 

and Territorial authorities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal and State 

5 Food Safety Information Sharing Act of 2024’’. 


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1 SEC. 2. SHARING FOOD SAFETY INFORMATION WITH STATE, 

2 LOCAL, TRIBAL, AND TERRITORIAL AUTHORI3 TIES. 

4 (a) IN GENERAL.—Section 708 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 379) is amended by 

6 adding at the end the following: 

7 ‘‘(d) SHARING FOOD SAFETY INFORMATION WITH

8 STATE, LOCAL, TRIBAL, AND TERRITORIAL AUTHORI9 TIES.— 

10 ‘‘(1) AUTHORIZATION.—Notwithstanding sec11 tion 301(j) and any other law, regulation, or policy, 

12 the Secretary may share, with a State, local, Tribal, 

13 or Territorial authority with counterpart functions 

14 related to the protection of public health, unredacted 

15 information in the possession of the Food and Drug 

16 Administration relating to any of the following: 

17 ‘‘(A) Foodborne illness surveillance data. 

18 ‘‘(B) Laboratory sampling testing informa19 tion. 

20 ‘‘(C) Inspectional information and results. 

21 ‘‘(D) Distribution lists for recalls and out22 breaks. 

23 ‘‘(E) Consumer complaints. 

24 ‘‘(F) Any other information the Secretary 

25 determines will assist such authority in pro26 tecting the public. 


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1 ‘‘(2) TIMING.—The Secretary may share infor2 mation pursuant to paragraph (1) as soon as is rea3 sonably practicable. 

4 ‘‘(3) LIMITATION ON FURTHER DISCLOSURE.— 

5 A State, local, Tribal, or Territorial authority in re6 ceipt of information provided by the Secretary under 

7 this subsection shall not further disclose such infor8 mation without permission of the Food and Drug 

9 Administration unless such authority determines 

10 that disclosure of such information is necessary to 

11 contain a foodborne illness outbreak, carry out a re12 call or carry out other State enforcement activities. 

13 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

14 subsection affects the ability of the Secretary to 

15 enter into any written agreement authorized by 

16 other provisions of law to share confidential informa17 tion.’’. 

18 (b) CONFORMING AMENDMENT.—The first sentence 

19 of section 301(j) of the Federal Food, Drug, and Cosmetic 

20 Act (21 U.S.C. 331(j)) is amended— 

21 (1) by striking ‘‘The’’ and inserting ‘‘Except as 

22 provided in section 708(d), the’’; and 

23 (2) by striking the second period at the end. 


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1 SEC. 3. GRANTS TO ENHANCE FOOD SAFETY. 

2 (a) IN GENERAL.—Section 1009 of the Federal 

3 Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amend4 ed— 

5 (1) in subsection (d)(1), by striking ‘‘3’’ and in6 serting ‘‘5’’; and 

7 (2) in subsection (e)— 

8 (A) by striking ‘‘3’’ and inserting ‘‘5’’; and 

9 (B) by amending the second sentence to 

10 read as follows: ‘‘In the event the Secretary 

11 conducts a program evaluation, funding in sub12 sequent years of the grant, where applicable, 

13 shall be contingent on a successful program 

14 evaluation by the Secretary after the first year 

15 of the grant.’’. 

16 (b) APPLICABILITY.—The amendments made by sub17 section (a) apply only with respect to grants awarded 

18 under section 1009 of the Federal Food, Drug, and Cos19 metic Act (21 U.S.C. 399) on or after the date of the en20 actment of this Act. 

Æ 


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