124 STAT. 3933 PUBLIC LAW 111–353—JAN. 4, 2011 (vi) the likely or known severity, including health and economic impacts, of a foodborne illness attributed to a particular food. (B) LIST OF HIGH-RISK FOODS.—At the time the Sec- retary promulgates the final rules under paragraph (1), the Secretary shall publish the list of the foods designated under subparagraph (A) as high-risk foods on the Internet website of the Food and Drug Administration. The Sec- retary may update the list to designate new high-risk foods and to remove foods that are no longer deemed to be high-risk foods, provided that each such update to the list is consistent with the requirements of this subsection and notice of such update is published in the Federal Register. (3) PROTECTION OF SENSITIVE INFORMATION.—In promul- gating regulations under this subsection, the Secretary shall take appropriate measures to ensure that there are effective procedures to prevent the unauthorized disclosure of any trade secret or confidential information that is obtained by the Sec- retary pursuant to this section, including periodic risk assess- ment and planning to prevent unauthorized release and controls to— (A) prevent unauthorized reproduction of trade secret or confidential information; (B) prevent unauthorized access to trade secret or con- fidential information; and (C) maintain records with respect to access by any person to trade secret or confidential information main- tained by the agency. (4) PUBLIC INPUT.—During the comment period in the notice of proposed rulemaking under paragraph (1), the Sec- retary shall conduct not less than 3 public meetings in diverse geographical areas of the United States to provide persons in different regions an opportunity to comment. (5) RETENTION OF RECORDS.—Except as otherwise provided in this subsection, the Secretary may require that a facility retain records under this subsection for not more than 2 years, taking into consideration the risk of spoilage, loss of value, or loss of palatability of the applicable food when determining the appropriate timeframes. (6) LIMITATIONS.— (A) FARM TO SCHOOL PROGRAMS.—In establishing requirements under this subsection, the Secretary shall, in consultation with the Secretary of Agriculture, consider the impact of requirements on farm to school or farm to institution programs of the Department of Agriculture and other farm to school and farm to institution programs outside such agency, and shall modify the requirements under this subsection, as appropriate, with respect to such programs so that the requirements do not place undue burdens on farm to school or farm to institution programs. (B) IDENTITY-PRESERVED LABELS WITH RESPECT TO FARM SALES OF FOOD THAT IS PRODUCED AND PACKAGED ON A FARM.—The requirements under this subsection shall not apply to a food that is produced and packaged on a farm if— Federal Register, publication. Notice. List. Web posting.
