124 STAT. 3937 PUBLIC LAW 111–353—JAN. 4, 2011 (g) NO LIMITATION ON COMMINGLING OF FOOD.—Nothing in this section shall be construed to authorize the Secretary to impose any limitation on the commingling of food. (h) SMALL ENTITY COMPLIANCE GUIDE.—Not later than 180 days after promulgation of a final rule under subsection (d), the Secretary shall issue a small entity compliance guide setting forth in plain language the requirements of the regulations under such subsection in order to assist small entities, including farms and small businesses, in complying with the recordkeeping requirements under such subsection. (i) FLEXIBILITY FOR SMALL BUSINESSES.—Notwithstanding any other provision of law, the regulations promulgated under sub- section (d) shall apply— (1) to small businesses (as defined by the Secretary in section 103, not later than 90 days after the date of enactment of this Act) beginning on the date that is 1 year after the effective date of the final regulations promulgated under sub- section (d); and (2) to very small businesses (as defined by the Secretary in section 103, not later than 90 days after the date of enact- ment of this Act) beginning on the date that is 2 years after the effective date of the final regulations promulgated under subsection (d). (j) ENFORCEMENT.— (1) PROHIBITED ACTS.—Section 301(e) (21 U.S.C. 331(e)) is amended by inserting ‘‘; or the violation of any recordkeeping requirement under section 204 of the FDA Food Safety Mod- ernization Act (except when such violation is committed by a farm)’’ before the period at the end. (2) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) is amended by inserting ‘‘or (4) the recordkeeping requirements under sec- tion 204 of the FDA Food Safety Modernization Act (other than the requirements under subsection (f) of such section) have not been complied with regarding such article,’’ in the third sentence before ‘‘then such article shall be refused admis- sion’’. SEC. 205. SURVEILLANCE. (a) DEFINITION OF FOODBORNE ILLNESS OUTBREAK.—In this Act, the term ‘‘foodborne illness outbreak’’ means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a certain food. (b) FOODBORNE ILLNESS SURVEILLANCE SYSTEMS.— (1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses by— (A) coordinating Federal, State and local foodborne illness surveillance systems, including complaint systems, and increasing participation in national networks of public health and food regulatory agencies and laboratories; (B) facilitating sharing of surveillance information on a more timely basis among governmental agencies, including the Food and Drug Administration, the Depart- ment of Agriculture, the Department of Homeland Security, and State and local agencies, and with the public; 21 USC 2224. Applicability. Deadlines. Effective dates. Deadline.
