118 STAT. 909 PUBLIC LAW 108–282—AUG. 2, 2004 SEC. 204. REPORT ON FOOD ALLERGENS. Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representa tives a report that— (1)(A) analyzes— (i) the ways in which foods, during manufacturing and processing, are unintentionally contaminated with major food allergens, including contamination caused by the use by manufacturers of the same production line to produce both products for which major food allergens are intentional ingredients and products for which major food allergens are not intentional ingredients; and (ii) the ways in which foods produced on dedicated production lines are unintentionally contaminated with major food allergens; and (B) estimates how common the practices described in subparagraph (A) are in the food industry, with breakdowns by food type as appropriate; (2) advises whether good manufacturing practices or other methods can be used to reduce or eliminate cross contact of foods with the major food allergens; (3) describes— (A) the various types of advisory labeling (such as labeling that uses the words ‘‘may contain’’) used by food producers; (B) the conditions of manufacture of food that are associated with the various types of advisory labeling; and (C) the extent to which advisory labels are being used on food products; (4) describes how consumers with food allergies or the caretakers of consumers would prefer that information about the risk of cross contact be communicated on food labels as determined by using appropriate survey mechanisms; (5) states the number of inspections of food manufacturing and processing facilities conducted in the previous 2 years and describes— (A) the number of facilities and food labels that were found to be in compliance or out of compliance with respect to cross contact of foods with residues of major food aller gens and the proper labeling of major food allergens; (B) the nature of the violations found; and (C) the number of voluntary recalls, and their classi fications, of foods containing undeclared major food aller gens; and (6) assesses the extent to which the Secretary and the food industry have effectively addressed cross contact issues. SEC. 205. INSPECTIONS RELATING TO FOOD ALLERGENS. The Secretary of Health and Human Services shall conduct inspections consistent with the authority under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in which foods are manufactured, processed, packed, or held— (1) to ensure that the entities operating the facilities comply with practices to reduce or eliminate cross contact of a food 21 USC 374a.
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