§399d. Employee protections — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 16 regulations in the Code of Federal Regulations.

• 29 C.F.R. § 1987.100 — Purpose and scope.

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• 29 C.F.R. § 1987.101 — Definitions.

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• 29 C.F.R. § 1987.102 — Obligations and prohibited acts.

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• 29 C.F.R. § 1987.103 — Filing of retaliation complaint.

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• 29 C.F.R. § 1987.104 — Investigation.

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• 29 C.F.R. § 1987.105 — Issuance of findings and preliminary orders.

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• 29 C.F.R. § 1987.106 — Objections to the findings and the preliminary order and requests for a hearing.

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• 29 C.F.R. § 1987.107 — Hearings.

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• 29 C.F.R. § 1987.108 — Role of Federal agencies.

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• 29 C.F.R. § 1987.109 — Decision and orders of the administrative law judge.

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• 29 C.F.R. § 1987.110 — Decision and orders of the Administrative Review Board.

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• 29 C.F.R. § 1987.111 — Withdrawal of complaints, findings, objections, and petitions for review; settlement.

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• 29 C.F.R. § 1987.112 — Judicial review.

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• 29 C.F.R. § 1987.113 — Judicial enforcement.

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• 29 C.F.R. § 1987.114 — District court jurisdiction of retaliation complaints.

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• 29 C.F.R. § 1987.115 — Special circumstances; waiver of rules.

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Code of Federal Regulations Citations

Cited by 2 regulations in the Code of Federal Regulations.

• 29 C.F.R. § 1987.100(a) — Purpose and scope.

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  (a) This part sets forth the procedures for, and interpretations of, section 402 of the FDA Food Safety Modernization Act (FSMA), Public Law 111-353, 124 Stat. 3885, which was signed into law on January 4, 2011. Section 402 of the FDA Food Safety Modernization Act amended the Federal Food, Drug, and Cosmetic Act (FD&C), 21 U.S.C. 301 et seq., by adding new section 1012. See 21 U.S.C. 399d. Section 1012 of the FD&C provides protection for an employee from retaliation because the employee has engaged in protected activity pertaining to a violation or alleged violation of the FD&C, or any order, rule, regulation, standard, or ban under the FD&C.

• 29 C.F.R. § 1987.101(i) — Definitions.

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  (i) FSMA means section 402 of the FDA Food Safety Modernization Act, Public Law 111-353, 124 Stat. 3885 (Jan. 4, 2011) (codified at 21 U.S.C. 399d).

Citations to §399d(a)(1)

• 21 U.S.C. § 399d(b)(2)(C)(i)

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  (i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

• 21 U.S.C. § 399d(b)(2)(C)(iii)

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  (iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

Citations to §399d(a)(2)

• 21 U.S.C. § 399d(b)(2)(C)(i)

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  (i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

• 21 U.S.C. § 399d(b)(2)(C)(iii)

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  (iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

Citations to §399d(a)(3)

• 21 U.S.C. § 399d(b)(2)(C)(i)

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  (i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

• 21 U.S.C. § 399d(b)(2)(C)(iii)

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  (iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

Citations to §399d(a)(4)

• 21 U.S.C. § 399d(b)(2)(C)(i)

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  (i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

• 21 U.S.C. § 399d(b)(2)(C)(iii)

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  (iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.