124 STAT. 3894 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(5) STUDY.— ‘‘(A) IN GENERAL.—The Secretary, in consultation with the Secretary of Agriculture, shall conduct a study of the food processing sector regulated by the Secretary to deter- mine— ‘‘(i) the distribution of food production by type and size of operation, including monetary value of food sold; ‘‘(ii) the proportion of food produced by each type and size of operation; ‘‘(iii) the number and types of food facilities co- located on farms, including the number and proportion by commodity and by manufacturing or processing activity; ‘‘(iv) the incidence of foodborne illness originating from each size and type of operation and the type of food facilities for which no reported or known hazard exists; and ‘‘(v) the effect on foodborne illness risk associated with commingling, processing, transporting, and storing food and raw agricultural commodities, including differences in risk based on the scale and duration of such activities. ‘‘(B) SIZE.—The results of the study conducted under subparagraph (A) shall include the information necessary to enable the Secretary to define the terms ‘small business’ and ‘very small business’, for purposes of promulgating the regulation under subsection (n). In defining such terms, the Secretary shall include consideration of harvestable acres, income, the number of employees, and the volume of food harvested. ‘‘(C) SUBMISSION OF REPORT.—Not later than 18 months after the date of enactment the FDA Food Safety Mod- ernization Act, the Secretary shall submit to Congress a report that describes the results of the study conducted under subparagraph (A). ‘‘(6) NO PREEMPTION.—Nothing in this subsection preempts State, local, county, or other non-Federal law regarding the safe production of food. Compliance with this subsection shall not relieve any person from liability at common law or under State statutory law. ‘‘(7) NOTIFICATION TO CONSUMERS.— ‘‘(A) IN GENERAL.—A qualified facility that is exempt from the requirements under subsections (a) through (i) and subsection (n) and does not prepare documentation under paragraph (2)(B)(i)(I) shall— ‘‘(i) with respect to a food for which a food pack- aging label is required by the Secretary under any other provision of this Act, include prominently and conspicuously on such label the name and business address of the facility where the food was manufac- tured or processed; or ‘‘(ii) with respect to a food for which a food pack- aging label is not required by the Secretary under any other provisions of this Act, prominently and conspicuously display, at the point of purchase, the name and business address of the facility where the
