384 
SEC. 1002. ENSURING THE SAFETY OF PET FOOD. 
(a) PROCESSING AND INGREDIENT STANDARDS.— 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services 
(referred to in this title as the ‘‘Secretary’’), in consulta-
tion with the Association of American Feed Control Offi-
cials and other relevant stakeholder groups, including vet-
erinary medical associations, animal health organizations, 
and pet food manufacturers, shall by regulation estab-
lish— 
(1) ingredient standards and definitions with 
respect to pet food; 
(2) processing standards for pet food; and 
(3) updated standards for the labeling of pet 
food that include nutritional and ingredient informa-
tion. 
(b) EARLY WARNING SURVEILLANCE SYSTEMS AND 
NOTIFICATION DURING PET FOOD RECALLS.—Not later 
than 1 year after the date of the enactment of this Act, 
the Secretary shall establish an early warning and surveil-
lance system to identify adulteration of the pet food supply 
and outbreaks of illness associated with pet food. In estab-
lishing such system, the Secretary shall— 
(1) consider using surveillance and monitoring 
mechanisms similar to, or in coordination with, those 
used to monitor human or animal health, such as 
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the Foodborne Diseases Active Surveillance Network 
(FoodNet) and PulseNet of the Centers for Disease 
Control and Prevention, the Food Emergency Re-
sponse Network of the Food and Drug Administra-
tion and the Department of Agriculture, and the 
National Animal Health Laboratory Network of the 
Department of Agriculture; 
(2) consult with relevant professional associa-
tions and private sector veterinary hospitals; 
(3) work with the National Companion Animal 
Surveillance Program, the Health Alert Network, or 
other notification networks as appropriate to inform 
veterinarians and relevant stakeholders during any 
recall of pet food; and 
(4) use such information and conduct such 
other activities as the Secretary deems appropriate. 
SEC. 1003. ENSURING EFFICIENT AND EFFECTIVE COMMU-
NICATIONS DURING A RECALL. 
The Secretary shall, during an ongoing recall of 
human or pet food regulated by the Secretary— 
(1) work with companies, relevant professional 
associations, and other organizations to collect and 
aggregate information pertaining to the recall; 
(2) use existing networks of communication, in-
cluding electronic forms of information dissemina-
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386 
tion, to enhance the quality and speed of commu-
nication with the public; and 
(3) post information regarding recalled human 
and pet foods on the Internet Web site of the Food 
and Drug Administration in a single location, which 
shall include a searchable database of recalled 
human foods and a searchable database of recalled 
pet foods, that is easily accessed and understood by 
the public. 
SEC. 1004. STATE AND FEDERAL COOPERATION. 
(a) IN GENERAL.—The Secretary shall work with the 
States in undertaking activities and programs that assist 
in improving the safety of food, including fresh and proc-
essed produce, so that State food safety programs and ac-
tivities conducted by the Secretary function in a coordi-
nated and cost-effective manner. With the assistance pro-
vided under subsection (b), the Secretary shall encourage 
States to— 
(1) establish, continue, or strengthen State food 
safety programs, especially with respect to the regu-
lation of retail commercial food establishments; and 
(2) establish procedures and requirements for 
ensuring that processed produce under the jurisdic-
tion of State food safety programs is not unsafe for 
human consumption. 
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387 
(b) ASSISTANCE.—The Secretary may provide to a 
State, for planning, developing, and implementing such a 
food safety program— 
(1) advisory assistance; 
(2) technical assistance, training, and labora-
tory assistance (including necessary materials and 
equipment); and 
(3) financial and other assistance. 
(c) SERVICE AGREEMENTS.—The Secretary may, 
under an agreement entered into with a Federal, State, 
or local agency, use, on a reimbursable basis or otherwise, 
the personnel, services, and facilities of the agency to carry 
out the responsibilities of the agency under this section. 
An agreement entered into with a State agency under this 
subsection may provide for training of State employees. 
SEC. 1005. REPORTABLE FOOD REGISTRY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1994, Congress passed the Dietary Sup-
plement Health and Education Act of 1994 (Public 
Law 103–417) to provide the Food and Drug Ad-
ministration the legal framework which is intended 
to ensure that dietary supplements are safe and 
properly labeled foods. 
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388 
(2) In 2006, Congress passed the Dietary Sup-
plement and Nonprescription Drug Consumer Pro-
tection Act (Public Law 109–462) to establish a 
mandatory reporting system of serious adverse 
events for nonprescription drugs and dietary supple-
ments sold and consumed in the United States. 
(3) The adverse event reporting system created 
under the Dietary Supplement and Nonprescription 
Drug Consumer Protection Act is intended to serve 
as an early warning system for potential public 
health issues associated with the use of these prod-
ucts. 
(4) A reliable mechanism to track patterns of 
adulteration in food would support efforts by the 
Food and Drug Administration to target limited in-
spection resources to protect the public health. 
(b) IN GENERAL.—Chapter IV of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 417. REPORTABLE FOOD REGISTRY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RESPONSIBLE PARTY.—The term ‘respon-
sible party’, with respect to an article of food, means 
a person that submits the registration under section 
415(a) for a food facility that is required to register 
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389 
under section 415(a), at which such article of food 
is manufactured, processed, packed, or held. 
‘‘(2) REPORTABLE
FOOD.—The term ‘report-
able food’ means an article of food (other than in-
fant formula) for which there is a reasonable prob-
ability that the use of, or exposure to, such article 
of food will cause serious adverse health con-
sequences or death to humans or animals. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Sec-
retary shall establish within the Food and Drug Ad-
ministration a Reportable Food Registry to which 
instances of reportable food may be submitted by the 
Food and Drug Administration after receipt of re-
ports under subsection (d), via an electronic portal, 
from— 
‘‘(A) Federal, State, and local public 
health officials; or 
‘‘(B) responsible parties. 
‘‘(2) REVIEW BY SECRETARY.—The Secretary 
shall promptly review and assess the information 
submitted under paragraph (1) for the purposes of 
identifying reportable food, submitting entries to the 
Reportable Food Registry, acting under subsection 
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390 
(c), and exercising other existing food safety authori-
ties under this Act to protect the public health. 
‘‘(c) ISSUANCE OF AN ALERT BY THE SECRETARY.— 
‘‘(1) IN GENERAL.—The Secretary shall issue, 
or cause to be issued, an alert or a notification with 
respect to a reportable food using information from 
the Reportable Food Registry as the Secretary 
deems necessary to protect the public health. 
‘‘(2) EFFECT.—Paragraph (1) shall not affect 
the authority of the Secretary to issue an alert or 
a notification under any other provision of this Act. 
‘‘(d) REPORTING AND NOTIFICATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), as soon as practicable, but in no case 
later than 24 hours after a responsible party deter-
mines that an article of food is a reportable food, 
the responsible party shall— 
‘‘(A) submit a report to the Food and 
Drug Administration through the electronic 
portal established under subsection (b) that in-
cludes the data elements described in subsection 
(e) (except the elements described in para-
graphs (8), (9), and (10) of such subsection); 
and 
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391 
‘‘(B) investigate the cause of the adultera-
tion if the adulteration of the article of food 
may have originated with the responsible party. 
‘‘(2) NO
REPORT
REQUIRED.—A responsible 
party is not required to submit a report under para-
graph (1) if— 
‘‘(A) the adulteration originated with the 
responsible party; 
‘‘(B) the responsible party detected the 
adulteration prior to any transfer to another 
person of such article of food; and 
‘‘(C) the responsible party— 
‘‘(i) corrected such adulteration; or 
‘‘(ii) destroyed or caused the destruc-
tion of such article of food. 
‘‘(3) REPORTS
BY
PUBLIC
HEALTH
OFFI-
CIALS.—A Federal, State, or local public health offi-
cial may submit a report about a reportable food to 
the Food and Drug Administration through the elec-
tronic portal established under subsection (b) that 
includes the data elements described in subsection 
(e) that the official is able to provide. 
‘‘(4) REPORT
NUMBER.—The Secretary shall 
ensure that, upon submission of a report under 
paragraph (1) or (3), a unique number is issued 
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392 
through the electronic portal established under sub-
section (b) to the person submitting such report, by 
which the Secretary is able to link reports about the 
reportable food submitted and amended under this 
subsection and identify the supply chain for such re-
portable food. 
‘‘(5) REVIEW.—The Secretary shall promptly 
review a report submitted under paragraph (1) or 
(3). 
‘‘(6) RESPONSE TO REPORT SUBMITTED BY A 
RESPONSIBLE PARTY.—After consultation with the 
responsible party that submitted a report under 
paragraph (1), the Secretary may require such re-
sponsible party to perform, as soon as practicable, 
but in no case later than a time specified by the Sec-
retary, 1 or more of the following: 
‘‘(A) Amend the report submitted by the 
responsible party under paragraph (1) to in-
clude the data element described in subsection 
(e)(9). 
‘‘(B) Provide a notification— 
‘‘(i) to the immediate previous source 
of the article of food, if the Secretary 
deems necessary; 
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393 
‘‘(ii) to the immediate subsequent re-
cipient of the article of food, if the Sec-
retary deems necessary; and 
‘‘(iii) that includes— 
‘‘(I) the data elements described 
in subsection (e) that the Secretary 
deems necessary; 
‘‘(II) the actions described under 
paragraph (7) that the recipient of 
the notification shall perform, as re-
quired by the Secretary; and 
‘‘(III) any other information that 
the Secretary may require. 
‘‘(7) SUBSEQUENT
REPORTS
AND
NOTIFICA-
TIONS.—Except as provided in paragraph (8), the 
Secretary may require a responsible party to per-
form, as soon as practicable, but in no case later 
than a time specified by the Secretary, after the re-
sponsible party receives a notification under sub-
paragraph (C) or paragraph (6)(B), 1 or more of 
the following: 
‘‘(A) Submit a report to the Food and 
Drug Administration through the electronic 
portal established under subsection (b) that in-
cludes those data elements described in sub-
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394 
section (e) and other information that the Sec-
retary deems necessary. 
‘‘(B) Investigate the cause of the adultera-
tion if the adulteration of the article of food 
may have originated with the responsible party. 
‘‘(C) Provide a notification— 
‘‘(i) to the immediate previous source 
of the article of food, if the Secretary 
deems necessary; 
‘‘(ii) to the immediate subsequent re-
cipient of the article of food, if the Sec-
retary deems necessary; and 
‘‘(iii) that includes— 
‘‘(I) the data elements described 
in subsection (e) that the Secretary 
deems necessary; 
‘‘(II) the actions described under 
this paragraph that the recipient of 
the notification shall perform, as re-
quired by the Secretary; and 
‘‘(III) any other information that 
the Secretary may require. 
‘‘(8) AMENDED
REPORT.—If a responsible 
party receives a notification under paragraph (6)(B) 
or paragraph (7)(C) with respect to an article of 
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