124 STAT. 3936 PUBLIC LAW 111–353—JAN. 4, 2011 to Congress recommendations, if appropriate, regarding record- keeping requirements for restaurants and additional foods, in order to protect the public health. (f) FARMS.— (1) REQUEST FOR INFORMATION.—Notwithstanding sub- section (d), during an active investigation of a foodborne illness outbreak, or if the Secretary determines it is necessary to protect the public health and prevent or mitigate a foodborne illness outbreak, the Secretary, in consultation and coordination with State and local agencies responsible for food safety, as appropriate, may request that the owner, operator, or agent of a farm identify potential immediate recipients, other than consumers, of an article of the food that is the subject of such investigation if the Secretary reasonably believes such article of food— (A) is adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act; (B) presents a threat of serious adverse health con- sequences or death to humans or animals; and (C) was adulterated as described in subparagraph (A) on a particular farm (as defined in section 1.227 of chapter 21, Code of Federal Regulations (or any successor regula- tion)). (2) MANNER OF REQUEST.—In making a request under para- graph (1), the Secretary, in consultation and coordination with State and local agencies responsible for food safety, as appro- priate, shall issue a written notice to the owner, operator, or agent of the farm to which the article of food has been traced. The individual providing such notice shall present to such owner, operator, or agent appropriate credentials and shall deliver such notice at reasonable times and within reason- able limits and in a reasonable manner. (3) DELIVERY OF INFORMATION REQUESTED.—The owner, operator, or agent of a farm shall deliver the information requested under paragraph (1) in a prompt and reasonable manner. Such information may consist of records kept in the normal course of business, and may be in electronic or non- electronic format. (4) LIMITATION.—A request made under paragraph (1) shall not include a request for information relating to the finances, pricing of commodities produced, personnel, research, sales (other than information relating to shipping), or other disclo- sures that may reveal trade secrets or confidential information from the farm to which the article of food has been traced, other than information necessary to identify potential imme- diate recipients of such food. Section 301(j) of the Federal Food, Drug, and Cosmetic Act and the Freedom of Information Act shall apply with respect to any confidential commercial information that is disclosed to the Food and Drug Administra- tion in the course of responding to a request under paragraph (1). (5) RECORDS.—Except with respect to identifying potential immediate recipients in response to a request under this sub- section, nothing in this subsection shall require the establish- ment or maintenance by farms of new records. Applicability. Notice.
