H. R. 2751—52 
to Congress recommendations, if appropriate, regarding record-
keeping requirements for restaurants and additional foods, in 
order to protect the public health. 
(f) FARMS.— 
(1) REQUEST
FOR
INFORMATION.—Notwithstanding sub-
section (d), during an active investigation of a foodborne illness 
outbreak, or if the Secretary determines it is necessary to 
protect the public health and prevent or mitigate a foodborne 
illness outbreak, the Secretary, in consultation and coordination 
with State and local agencies responsible for food safety, as 
appropriate, may request that the owner, operator, or agent 
of a farm identify potential immediate recipients, other than 
consumers, of an article of the food that is the subject of 
such investigation if the Secretary reasonably believes such 
article of food— 
(A) is adulterated under section 402 of the Federal 
Food, Drug, and Cosmetic Act; 
(B) presents a threat of serious adverse health con-
sequences or death to humans or animals; and 
(C) was adulterated as described in subparagraph (A) 
on a particular farm (as defined in section 1.227 of chapter 
21, Code of Federal Regulations (or any successor regula-
tion)). 
(2) MANNER OF REQUEST.—In making a request under para-
graph (1), the Secretary, in consultation and coordination with 
State and local agencies responsible for food safety, as appro-
priate, shall issue a written notice to the owner, operator, 
or agent of the farm to which the article of food has been 
traced. The individual providing such notice shall present to 
such owner, operator, or agent appropriate credentials and 
shall deliver such notice at reasonable times and within reason-
able limits and in a reasonable manner. 
(3) DELIVERY
OF
INFORMATION
REQUESTED.—The owner, 
operator, or agent of a farm shall deliver the information 
requested under paragraph (1) in a prompt and reasonable 
manner. Such information may consist of records kept in the 
normal course of business, and may be in electronic or non- 
electronic format. 
(4) LIMITATION.—A request made under paragraph (1) shall 
not include a request for information relating to the finances, 
pricing of commodities produced, personnel, research, sales 
(other than information relating to shipping), or other disclo-
sures that may reveal trade secrets or confidential information 
from the farm to which the article of food has been traced, 
other than information necessary to identify potential imme-
diate recipients of such food. Section 301(j) of the Federal 
Food, Drug, and Cosmetic Act and the Freedom of Information 
Act shall apply with respect to any confidential commercial 
information that is disclosed to the Food and Drug Administra-
tion in the course of responding to a request under paragraph 
(1). 
(5) RECORDS.—Except with respect to identifying potential 
immediate recipients in response to a request under this sub-
section, nothing in this subsection shall require the establish-
ment or maintenance by farms of new records.
H. R. 2751—53 
(g) NO LIMITATION ON COMMINGLING OF FOOD.—Nothing in 
this section shall be construed to authorize the Secretary to impose 
any limitation on the commingling of food. 
(h) SMALL ENTITY COMPLIANCE GUIDE.—Not later than 180 
days after promulgation of a final rule under subsection (d), the 
Secretary shall issue a small entity compliance guide setting forth 
in plain language the requirements of the regulations under such 
subsection in order to assist small entities, including farms and 
small businesses, in complying with the recordkeeping requirements 
under such subsection. 
(i) FLEXIBILITY FOR SMALL BUSINESSES.—Notwithstanding any 
other provision of law, the regulations promulgated under sub-
section (d) shall apply— 
(1) to small businesses (as defined by the Secretary in 
section 103, not later than 90 days after the date of enactment 
of this Act) beginning on the date that is 1 year after the 
effective date of the final regulations promulgated under sub-
section (d); and 
(2) to very small businesses (as defined by the Secretary 
in section 103, not later than 90 days after the date of enact-
ment of this Act) beginning on the date that is 2 years after 
the effective date of the final regulations promulgated under 
subsection (d). 
(j) ENFORCEMENT.— 
(1) PROHIBITED
ACTS.—Section 301(e) (21 U.S.C. 331(e)) 
is amended by inserting ‘‘; or the violation of any recordkeeping 
requirement under section 204 of the FDA Food Safety Mod-
ernization Act (except when such violation is committed by 
a farm)’’ before the period at the end. 
(2) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) is amended 
by inserting ‘‘or (4) the recordkeeping requirements under sec-
tion 204 of the FDA Food Safety Modernization Act (other 
than the requirements under subsection (f) of such section) 
have not been complied with regarding such article,’’ in the 
third sentence before ‘‘then such article shall be refused admis-
sion’’. 
SEC. 205. SURVEILLANCE. 
(a) DEFINITION
OF FOODBORNE ILLNESS OUTBREAK.—In this 
Act, the term ‘‘foodborne illness outbreak’’ means the occurrence 
of 2 or more cases of a similar illness resulting from the ingestion 
of a certain food. 
(b) FOODBORNE ILLNESS SURVEILLANCE SYSTEMS.— 
(1) IN
GENERAL.—The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, 
shall enhance foodborne illness surveillance systems to improve 
the collection, analysis, reporting, and usefulness of data on 
foodborne illnesses by— 
(A) coordinating Federal, State and local foodborne 
illness surveillance systems, including complaint systems, 
and increasing participation in national networks of public 
health and food regulatory agencies and laboratories; 
(B) facilitating sharing of surveillance information on 
a more timely basis among governmental agencies, 
including the Food and Drug Administration, the Depart-
ment of Agriculture, the Department of Homeland Security, 
and State and local agencies, and with the public;
H. R. 2751—54 
(C) developing improved epidemiological tools for 
obtaining quality exposure data and microbiological 
methods for classifying cases; 
(D) augmenting such systems to improve attribution 
of a foodborne illness outbreak to a specific food; 
(E) expanding capacity of such systems, including 
working 
toward 
automatic 
electronic 
searches, 
for 
implementation 
of 
identification 
practices, 
including 
fingerprinting strategies, for foodborne infectious agents, 
in order to identify new or rarely documented causes of 
foodborne illness and submit standardized information to 
a centralized database; 
(F) allowing timely public access to aggregated, de- 
identified surveillance data; 
(G) at least annually, publishing current reports on 
findings from such systems; 
(H) establishing a flexible mechanism for rapidly initi-
ating scientific research by academic institutions; 
(I) integrating foodborne illness surveillance systems 
and data with other biosurveillance and public health situa-
tional awareness capabilities at the Federal, State, and 
local levels, including by sharing foodborne illness surveil-
lance data with the National Biosurveillance Integration 
Center; and 
(J) other activities as determined appropriate by the 
Secretary. 
(2) WORKING
GROUP.—The Secretary shall support and 
maintain a diverse working group of experts and stakeholders 
from Federal, State, and local food safety and health agencies, 
the food and food testing industries, consumer organizations, 
and academia. Such working group shall provide the Secretary, 
through at least annual meetings of the working group and 
an annual public report, advice and recommendations on an 
ongoing and regular basis regarding the improvement of 
foodborne illness surveillance and implementation of this sec-
tion, including advice and recommendations on— 
(A) the priority needs of regulatory agencies, the food 
industry, and consumers for information and analysis on 
foodborne illness and its causes; 
(B) opportunities to improve the effectiveness of initia-
tives at the Federal, State, and local levels, including 
coordination and integration of activities among Federal 
agencies, and between the Federal, State, and local levels 
of government; 
(C) improvement in the timeliness and depth of access 
by regulatory and health agencies, the food industry, aca-
demic researchers, and consumers to foodborne illness 
aggregated, de-identified surveillance data collected by 
government agencies at all levels, including data compiled 
by the Centers for Disease Control and Prevention; 
(D) key barriers at Federal, State, and local levels 
to improving foodborne illness surveillance and the utility 
of such surveillance for preventing foodborne illness; 
(E) the capabilities needed for establishing automatic 
electronic searches of surveillance data; and 
(F) specific actions to reduce barriers to improvement, 
implement the working group’s recommendations, and
H. R. 2751—55 
achieve the purposes of this section, with measurable objec-
tives and timelines, and identification of resource and 
staffing needs. 
(3) AUTHORIZATION OF APPROPRIATIONS.—To carry out the 
activities described in paragraph (1), there is authorized to 
be appropriated $24,000,000 for each fiscal years 2011 through 
2015. 
(c) IMPROVING FOOD SAFETY AND DEFENSE CAPACITY AT THE 
STATE AND LOCAL LEVEL.— 
(1) IN GENERAL.—The Secretary shall develop and imple-
ment strategies to leverage and enhance the food safety and 
defense capacities of State and local agencies in order to achieve 
the following goals: 
(A) Improve foodborne illness outbreak response and 
containment. 
(B) Accelerate foodborne illness surveillance and out-
break investigation, including rapid shipment of clinical 
isolates from clinical laboratories to appropriate State lab-
oratories, and conducting more standardized illness out-
break interviews. 
(C) Strengthen the capacity of State and local agencies 
to carry out inspections and enforce safety standards. 
(D) Improve the effectiveness of Federal, State, and 
local partnerships to coordinate food safety and defense 
resources and reduce the incidence of foodborne illness. 
(E) Share information on a timely basis among public 
health and food regulatory agencies, with the food industry, 
with health care providers, and with the public. 
(F) Strengthen the capacity of State and local agencies 
to achieve the goals described in section 108. 
(2) REVIEW.—In developing of the strategies required by 
paragraph (1), the Secretary shall, not later than 1 year after 
the date of enactment of the FDA Food Safety Modernization 
Act, complete a review of State and local capacities, and needs 
for enhancement, which may include a survey with respect 
to— 
(A) staffing levels and expertise available to perform 
food safety and defense functions; 
(B) laboratory capacity to support surveillance, out-
break response, inspection, and enforcement activities; 
(C) information systems to support data management 
and sharing of food safety and defense information among 
State and local agencies and with counterparts at the Fed-
eral level; and 
(D) other State and local activities and needs as deter-
mined appropriate by the Secretary. 
(d) FOOD SAFETY CAPACITY BUILDING GRANTS.—Section 317R(b) 
of the Public Health Service Act (42 U.S.C. 247b–20(b)) is 
amended— 
(1) by striking ‘‘2002’’ and inserting ‘‘2010’’; and 
(2) by striking ‘‘2003 through 2006’’ and inserting ‘‘2011 
through 2015’’. 
SEC. 206. MANDATORY RECALL AUTHORITY. 
(a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.), as 
amended by section 202, is amended by adding at the end the 
following: