---
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"
date: "2026-07-12"
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](/usc/21/360hh.md?p=4) 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, 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 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.
