‘‘(A) amend the order under subsection 
(b)— 
‘‘(i) to require recall of the article or 
other appropriate action; and 
‘‘(ii) to specify a timetable during 
which the recall shall occur; 
‘‘(B) require periodic reports to the Sec-
retary describing the progress of the recall; or 
‘‘(C) provide notice of the recall to con-
sumers to which the article was, or may have 
been, distributed. 
‘‘(2) VACATION OF ORDERS.—If, after providing 
an opportunity for an informal hearing under sub-
section (c), 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 au-
thorized by this section shall be in addition to any other 
remedies that may be available.’’. 
SEC. 5. NOTIFICATION, NONDISTRIBUTION, AND RECALL 
OF ADULTERATED OR MISBRANDED EGGS 
AND EGG PRODUCTS. 
The Egg Products Inspection Act is amended by in-
serting after section 20 (21 U.S.C. 1049) the following: 
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‘‘SEC. 20A. NOTIFICATION, NONDISTRIBUTION, AND RECALL 
OF ADULTERATED OR MISBRANDED EGGS 
AND EGG PRODUCTS. 
‘‘(a) NOTIFICATION TO SECRETARY OF VIOLATION.— 
‘‘(1) IN
GENERAL.—A person (other than a 
household consumer) that has reason to believe that 
any egg or egg product (referred to in this section 
as an ‘article’) transported, stored, distributed, or 
otherwise handled by the person is adulterated or 
misbranded shall, as soon as practicable, notify the 
Secretary of the identity and location of the article. 
‘‘(2) MANNER OF NOTIFICATION.—Notification 
under paragraph (1) shall be made in such manner 
and by such means as the Secretary may require by 
regulation. 
‘‘(b) RECALL AND CONSUMER NOTIFICATION.— 
‘‘(1) VOLUNTARY ACTIONS.—On receiving noti-
fication under subsection (a) or by other means, if 
the Secretary finds that an article is adulterated or 
misbranded and that there is a reasonable prob-
ability that human consumption of the article would 
present a threat to public health (as determined by 
the Secretary), the Secretary shall provide all appro-
priate persons (as determined by the Secretary), 
that transported, stored, distributed, or otherwise 
handled the article with an opportunity— 
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‘‘(A) to cease distribution of the article; 
‘‘(B) to notify all persons that transport, 
store, distribute, or otherwise handle the article, 
or to which the article has been transported, 
sold, distributed, or otherwise handled, to cease 
immediately distribution of the article; 
‘‘(C) to recall the article; 
‘‘(D) in consultation with the Secretary, to 
provide notice of the finding of the Secretary to 
all consumers to which the article was, or may 
have been, distributed; or 
‘‘(E) to notify State and local public health 
officials. 
‘‘(2) MANDATORY ACTIONS.—If the appropriate 
person referred to in paragraph (1) does not carry 
out the actions described in that paragraph with re-
spect to an article within the time period and in the 
manner prescribed by the Secretary, the Secretary— 
‘‘(A) shall require the person— 
‘‘(i) to immediately cease distribution 
of the article; and 
‘‘(ii) to immediately make the notifica-
tion described in paragraph (1)(B); and 
‘‘(B) may take control or possession of the 
article. 
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‘‘(3) NOTICE TO CONSUMERS AND HEALTH OF-
FICIALS.—The Secretary shall, as the Secretary de-
termines to be necessary, provide notice of the find-
ing of the Secretary under paragraph (1) to con-
sumers to which the article was, or may have been, 
distributed and to appropriate State and local health 
officials. 
‘‘(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person that transports, stores, distributes, 
or otherwise handles the article, or to which the arti-
cle has been transported, sold, distributed, or other-
wise handled, and that is notified under paragraph 
(1)(B) or (2)(B) shall cease immediately distribution 
of the article. 
‘‘(5) AVAILABILITY
OF
RECORDS
TO
SEC-
RETARY.—Each appropriate person referred to in 
paragraph (1) that transported, stored, distributed, 
or otherwise handled an article shall make available 
to the Secretary information necessary to carry out 
this subsection, as determined by the Secretary, re-
garding— 
‘‘(A) persons that transport, store, dis-
tribute, or otherwise handle the article; and 
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‘‘(B) persons to which the article has been 
transported, sold, distributed, or otherwise han-
dled. 
‘‘(c) INFORMAL HEARINGS ON ORDERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
a person subject to an order under subsection (b) 
with an opportunity for an informal hearing (in ac-
cordance with such rules or regulations as the Sec-
retary shall prescribe) on— 
‘‘(A) the actions required by the order; and 
‘‘(B) any reasons why the article that is 
the subject of the order should not be recalled. 
‘‘(2) TIMING
OF
HEARINGS.—The Secretary 
shall hold a hearing under paragraph (1) as soon as 
practicable, but not later than 2 business days, after 
the date of issuance of the order. 
‘‘(d) POST-HEARING RECALL ORDERS.— 
‘‘(1) AMENDMENT OF ORDERS.—If, after pro-
viding an opportunity for an informal hearing under 
subsection (c), the Secretary determines that there is 
a reasonable probability that human consumption of 
the article that is the subject of an order under sub-
section (b) presents a threat to public health, the 
Secretary may, as the Secretary determines to be 
necessary— 
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‘‘(A) amend the order under subsection 
(b)— 
‘‘(i) to require recall of the article or 
other appropriate action; and 
‘‘(ii) to specify a timetable during 
which the recall shall occur; 
‘‘(B) require periodic reports to the Sec-
retary describing the progress of the recall; or 
‘‘(C) provide notice of the recall to con-
sumers to which the article was, or may have 
been, distributed. 
‘‘(2) VACATION OF ORDERS.—If, after providing 
an opportunity for an informal hearing under sub-
section (c), 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 au-
thorized by this section shall be in addition to any other 
remedies that may be available.’’. 
SEC. 6. NOTIFICATION, NONDISTRIBUTION, AND RECALL 
OF ADULTERATED OR MISBRANDED FOODS. 
Chapter III of the Federal, Food, Drug, and Cos-
metic Act (21 U.S.C. 331 et seq.) is amended by inserting 
after section 304 the following: 
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‘‘SEC. 304A. NOTIFICATION, NONDISTRIBUTION, AND RE-
CALL OF ADULTERATED OR MISBRANDED 
FOODS. 
‘‘(a) NOTIFICATION TO SECRETARY OF VIOLATION.— 
‘‘(1) IN
GENERAL.—A person (other than a 
household consumer) that has reason to believe that 
any food (referred to in this section as an ‘article’) 
transported, stored, distributed, or otherwise han-
dled by the person is adulterated or misbranded 
shall, as soon as practicable, notify the Secretary of 
the identity and location of the article. 
‘‘(2) MANNER OF NOTIFICATION.—Notification 
under paragraph (1) shall be made in such manner 
and by such means as the Secretary may require by 
regulation. 
‘‘(b) RECALL AND CONSUMER NOTIFICATION.— 
‘‘(1) VOLUNTARY ACTIONS.—On receiving noti-
fication under subsection (a) or by other means, if 
the Secretary finds that an article is adulterated or 
misbranded and that there is a reasonable prob-
ability that human consumption of the article would 
present a threat to public health (as determined by 
the Secretary), the Secretary shall provide all appro-
priate persons (as determined by the Secretary), 
that transported, stored, distributed, or otherwise 
handled the article with an opportunity— 
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‘‘(A) to cease distribution of the article; 
‘‘(B) to notify all persons that transport, 
store, distribute, or otherwise handle the article, 
or to which the article has been transported, 
sold, distributed, or otherwise handled, to cease 
immediately distribution of the article; 
‘‘(C) to recall the article; 
‘‘(D) in consultation with the Secretary, to 
provide notice of the finding of the Secretary to 
all consumers to which the article was, or may 
have been, distributed; or 
‘‘(E) to notify State and local public health 
officials. 
‘‘(2) MANDATORY ACTIONS.—If the appropriate 
person referred to in paragraph (1) does not carry 
out the actions described in that paragraph with re-
spect to an article within the time period and in the 
manner prescribed by the Secretary, the Secretary— 
‘‘(A) shall require the person— 
‘‘(i) to immediately cease distribution 
of the article; and 
‘‘(ii) to immediately make the notifica-
tion described in paragraph (1)(B); and 
‘‘(B) may take control or possession of the 
article. 
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‘‘(3) NOTICE TO CONSUMERS AND HEALTH OF-
FICIALS.—The Secretary shall, as the Secretary de-
termines to be necessary, provide notice of the find-
ing of the Secretary under paragraph (1) to con-
sumers to which the article was, or may have been, 
distributed and to appropriate State and local health 
officials. 
‘‘(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person that transports, stores, distributes, 
or otherwise handles the article, or to which the arti-
cle has been transported, sold, distributed, or other-
wise handled, and that is notified under paragraph 
(1)(B) or (2)(A)(ii) shall cease immediately distribu-
tion of the article. 
‘‘(5) AVAILABILITY
OF
RECORDS
TO
SEC-
RETARY.—Each appropriate person referred to in 
paragraph (1) that transported, stored, distributed, 
or otherwise handled an article shall make available 
to the Secretary information necessary to carry out 
this subsection, as determined by the Secretary, re-
garding— 
‘‘(A) persons that transport, store, dis-
tribute, or otherwise handle the article; and 
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‘‘(B) persons to which the article has been 
transported, sold, distributed, or otherwise han-
dled. 
‘‘(c) INFORMAL HEARINGS ON ORDERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
a person subject to an order under subsection (b) 
with an opportunity for an informal hearing (in ac-
cordance with such rules or regulations as the Sec-
retary shall prescribe) on— 
‘‘(A) the actions required by the order; and 
‘‘(B) any reasons why the article that is 
the subject of the order should not be recalled. 
‘‘(2) TIMING
OF
HEARINGS.—The Secretary 
shall hold a hearing under paragraph (1) as soon as 
practicable, but not later than 2 business days, after 
the date of issuance of the order. 
‘‘(d) POST-HEARING RECALL ORDERS.— 
‘‘(1) AMENDMENT OF ORDERS.—If, after pro-
viding an opportunity for an informal hearing under 
subsection (c), the Secretary determines that there is 
a reasonable probability that human consumption of 
the article that is the subject of an order under sub-
section (b) presents a threat to public health, the 
Secretary may, as the Secretary determines to be 
necessary— 
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‘‘(A) amend the order under subsection 
(b)— 
‘‘(i) to require recall of the article or 
other appropriate action; and 
‘‘(ii) to specify a timetable during 
which the recall shall occur; 
‘‘(B) require periodic reports to the Sec-
retary describing the progress of the recall; or 
‘‘(C) provide notice of the recall to con-
sumers to which the article was, or may have 
been, distributed. 
‘‘(2) VACATION OF ORDERS.—If, after providing 
an opportunity for an informal hearing under sub-
section (c), 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 au-
thorized by this section shall be in addition to any other 
remedies that may be available.’’. 
Æ 
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