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motion of public awareness understanding. and ac-
ceptance of such standards and requirements;
(2) information to health professionals so that
they may improve diagnosis and treatment of food-
related illness and advise individuals whose health
conditions place them in particular risk; and
(3) such other information or advice to con-
sumers and other persons as the Secretary deter-
mines will promote the purposes of this Act.
(b) HEALTH ADVISORIES.—The Secretary, in con-
sultation with the Secretary of Agriculture and the Admin-
istrator of the Environmental Protection Agency, shall
work with the States and other appropriate entities to—
(1) develop and distribute regional and national
advisories concerning food safety;
(2) develop standardized formats for written
and broadcast advisories; and
(3) incorporate State and local advisories into
the national public education program required
under subsection (a).
SEC. 203. RESEARCH.
(a) IN GENERAL.—The Secretary shall conduct re-
search to assist in the implementation of this Act, includ-
ing studies to—
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(1) improve sanitation and food safety practices
in the processing of food products;
(2) develop improved techniques for the moni-
toring of food and inspection of food products;
(3) develop efficient, rapid, and sensitive meth-
ods for determining and detecting the presence of
contaminants in food products;
(4) determine the sources of contamination of
food and food products with contaminants; and
(5) develop consumption data with respect to
food products.
(b) CONTRACT AUTHORITY.—The Secretary is au-
thorized to enter into contracts and agreements with any
State, university, other government agencies or other per-
sons to carry out the activities under this section.
TITLE III—ENFORCEMENT
SEC. 301. AMENDMENTS TO THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT.
(a) IN GENERAL.—The Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) is amended by add-
ing after section 413 the following new sections:
‘‘SEC. 414. NOTIFICATION AND RECALL.
‘‘(a) NOTICE TO SECRETARY OF ADULTERATION OR
MISBRANDING.—Any person (other than a household con-
sumer or other individual who is the intended consumer
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of an article of food) that has a reasonable basis for believ-
ing that any article of food introduced into or in interstate
commerce, or held for sale (whether or not the first sale)
after shipment in interstate commerce, may be adulterated
or misbranded or otherwise in violation of the Consumer
Food Safety Act of 1999 shall immediately notify the Sec-
retary, in such manner and by such means as the Sec-
retary may by regulation prescribe, of the identity and lo-
cation of such article.
‘‘(b) RECALL AND CONSUMER NOTIFICATION.—
‘‘(1) VOLUNTARY
PROCEDURES.—If the Sec-
retary finds, upon notification under subsection (a)
or otherwise, that any article of food is adulterated
or misbranded when introduced into or while in
interstate commerce or while held for sale (whether
or not the first sale) after shipment in interstate
commerce and there is a reasonable probability that
such article, if consumed, would present a threat to
public health, as determined by the Secretary, the
Secretary shall provide the appropriate persons (in-
cluding the manufacturers, importers, distributors,
or retailers) with an opportunity to—
‘‘(A) cease distribution of such article;
‘‘(B) notify all persons—
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‘‘(i) producing, manufacturing, pack-
ing, processing, preparing, treating, pack-
aging, distributing, or holding such article;
or
‘‘(ii) to which such article has been
distributed, transported, or sold, to imme-
diately cease distribution of such article;
‘‘(C) recall such article;
‘‘(D) provide, in consultation with the Sec-
retary, notice to consumers to whom such arti-
cle was, or may have been, distributed; or
‘‘(E) take any combination of the above
measures, as appropriate in the circumstances.
‘‘(2) PRE-HEARING ORDER TO CEASE DISTRIBU-
TION AND GIVE NOTICE.—If such person refuses to
or does not voluntarily cease distribution, make noti-
fication, recall such article, or provide notice to con-
sumers, as applicable, within the time and in the
manner prescribed by the Secretary, the Secretary
shall, by order, require, as the Secretary deems nec-
essary, such person to—
‘‘(A) immediately cease distribution of
such article;
‘‘(B) immediately notify all persons—
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‘‘(i) producing, manufacturing, pack-
ing, processing, preparing, treating, pack-
aging, distributing, or holding such article;
or
‘‘(ii) to which such article has been
distributed, transported, or sold, to imme-
diately cease distribution of such article; or
‘‘(C) immediately take the actions specified
in both subparagraphs (A) and (B).
‘‘(3) NOTIFICATION
OF
CONSUMERS
BY
SEC-
RETARY.—The Secretary shall, as the Secretary
deems necessary, provide notice to consumers to
whom such article was, or may have been, distrib-
uted.
‘‘(c) HEARING ON ORDER.—The Secretary shall pro-
vide any person subject to an order under subsection (b)
with an opportunity for a hearing, to be held as soon as
possible but not later than 2 days after the issuance of
the order, on the actions required by the order and on
why the article that is the subject of the order should not
be recalled.
‘‘(d) POST-HEARING RECALL ORDER.—
‘‘(1) AMENDMENT OF ORDER.—If, after pro-
viding opportunity for a hearing under subsection
(c), the Secretary determines that there is a reason-
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able probability that the article that is the subject
of an order under subsection (b), if consumed, pre-
sents a threat to public health, the Secretary, as the
Secretary deems necessary, may—
‘‘(A) amend the order to require recall of
such article or other appropriate action;
‘‘(B) specify a timetable in which the recall
shall occur;
‘‘(C) require periodic reports to the Sec-
retary describing the progress of the recall; and
‘‘(D) provide notice to consumers to whom
such article was, or may have been, distributed.
‘‘(2) VACATION OF ORDER.—If, after such a
hearing, the Secretary determines that adequate
grounds do not exist to continue the actions required
by the order, the Secretary shall vacate the order.
‘‘(e) REMEDIES NOT EXCLUSIVE.—The remedies
provided in this section shall be in addition to and not
exclusive of other remedies that may be available.
‘‘SEC. 415. CIVIL PENALTIES.
‘‘(a) IN GENERAL.—
‘‘(1) ACTS
SUBJECT
TO
PENALTY; PENALTY
AMOUNT.—Any person that commits an act that vio-
lates this Act with respect to food or the Consumer
Food Safety Act of 1999 may be assessed a civil