---
kind: "section"
citation: "21 U.S.C. § 350l–1"
title: "21"
title_heading: "Food and Drugs"
number: "350l–1"
heading: "Annual report to Congress"
release: "119-102"
url: "https://uscodex.org/usc/21/350l-1"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter IV — Food"
---

# §350l–1. Annual report to Congress

- (1) **In general—** Not later than 2 years after January 4, 2011, and annually thereafter, the [Secretary](/usc/21/321.md?p=d) of Health and Human Services (referred to in this section as the “[Secretary](/usc/21/321.md?p=d)”) shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the use of recall authority under [section 350l](/usc/21/350l.md) of this title (as added by subsection (a))[^1] and any public health advisories issued by the [Secretary](/usc/21/321.md?p=d) that advise against the consumption of an article of [food](/usc/21/321.md?p=f) on the ground that the article of [food](/usc/21/321.md?p=f) is adulterated and poses an imminent danger to health.
- (2) **Content—** The report under [paragraph (1)](#1) shall include, with respect to the report year—
  - (A) the identity of each article of [food](/usc/21/321.md?p=f) that was the subject of a public health advisory described in [paragraph (1)](#1), an opportunity to cease [distribution](/usc/21/360eee.md?p=5) and recall under [subsection (a)](/usc/21/350l.md?p=a) of section 350l of this title, or a mandatory recall order under subsection (b) of such section;
  - (B) the number of [responsible parties](/usc/21/350f.md?p=a-1), as defined in [section 350f of this title](/usc/21/350f.md), formally given the opportunity to cease [distribution](/usc/21/360eee.md?p=5) of an article of [food](/usc/21/321.md?p=f) and recall such article, as described in [section 350l(a)](/usc/21/350l.md?p=a) of such title;
  - (C) the number of [responsible parties](/usc/21/350f.md?p=a-1) described in [subparagraph (B)](#2-B) who did not cease [distribution](/usc/21/360eee.md?p=5) of or recall an article of [food](/usc/21/321.md?p=f) after given the opportunity to cease [distribution](/usc/21/360eee.md?p=5) or recall under [section 350l(a)](/usc/21/350l.md?p=a) of this title;
  - (D) the number of recall orders issued under [section 350l(b)](/usc/21/350l.md?p=b) of this title; and
  - (E) a description of any instances in which there was no testing that confirmed adulteration of an article of [food](/usc/21/321.md?p=f) that was the subject of a recall under [section 350l(b)](/usc/21/350l.md?p=b) of this title or a public health advisory described in [paragraph (1)](#1).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–353, title II, § 206(f), Jan. 4, 2011, 124 Stat. 3943.)

## Notes

### Editorial Notes

### References in Text

Subsection (a), referred to in par. (1), means subsec. (a) of section 206 of Pub. L. 111–353.

### Codification

Section was enacted as part of the FDA Food Safety Modernization Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Construction

Nothing in this section to be construed to alter jurisdiction and authorities established under certain other Acts or in a manner inconsistent with international agreements to which the United States is a party, see sections 2251 and 2252 of this title.