---
kind: "section"
citation: "21 U.S.C. § 350l"
title: "21"
title_heading: "Food and Drugs"
number: "350l"
heading: "Mandatory recall authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/350l"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter IV — Food"
---

# §350l. Mandatory recall authority

- (a) **Voluntary procedures—** If the [Secretary](/usc/21/321.md?p=d) determines, based on information gathered through the reportable [food](/usc/21/321.md?p=f) registry under [section 350f of this title](/usc/21/350f.md) or through any other means, that there is a reasonable probability that an article of [food](/usc/21/321.md?p=f) (other than [infant formula](/usc/21/321.md?p=z)) is adulterated under [section 342 of this title](/usc/21/342.md) or misbranded under [section 343(w) of this title](/usc/21/343.md?p=w) and the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals, the [Secretary](/usc/21/321.md?p=d) shall provide the responsible party (as defined in [section 350f of this title](/usc/21/350f.md)) with an opportunity to cease [distribution](/usc/21/360eee.md?p=5) and recall such article.
- (b) **Prehearing order to cease distribution and give notice—**
  - (1) **In general—** If the responsible party refuses to or does not voluntarily cease [distribution](/usc/21/360eee.md?p=5) or recall such article within the time and in the manner prescribed by the [Secretary](/usc/21/321.md?p=d) (if so prescribed), the [Secretary](/usc/21/321.md?p=d) may, by order require, as the [Secretary](/usc/21/321.md?p=d) deems necessary, such [person](/usc/21/321.md?p=e) to—
    - (A) immediately cease [distribution](/usc/21/360eee.md?p=5) of such article; and
    - (B) as applicable, immediately notify all [persons](/usc/21/321.md?p=e)—
      - (i) manufacturing, processing, packing, transporting, distributing, receiving, holding, or importing and selling such article; and
      - (ii) to which such article has been distributed, transported, or sold, to immediately cease [distribution](/usc/21/360eee.md?p=5) of such article.[^1]
  - (2) **Required additional information—**
    - (A) **In general—** If an article of [food](/usc/21/321.md?p=f) covered by a recall order issued under [paragraph (1)(B)](#b-1-B) has been distributed to a warehouse-based third party logistics provider without providing such provider sufficient information to know or reasonably determine the precise identity of the article of [food](/usc/21/321.md?p=f) covered by a recall order that is in its possession, the notice provided by the responsible party subject to the order issued under [paragraph (1)(B)](#b-1-B) shall include such information as is necessary for the warehouse-based third party logistics provider to identify the [food](/usc/21/321.md?p=f).
    - (B) **Rules of construction—** Nothing in this paragraph shall be construed—
      - (i) to exempt a warehouse-based third party logistics provider from the requirements of this chapter, including the requirements in this section and [section 350c of this title](/usc/21/350c.md); or
      - (ii) to exempt a warehouse-based third party logistics provider from being the subject of a mandatory recall order.
  - (3) **Determination to limit areas affected—** If the [Secretary](/usc/21/321.md?p=d) requires a responsible party to cease [distribution](/usc/21/360eee.md?p=5) under [paragraph (1)(A)](#b-1-A) of an article of [food](/usc/21/321.md?p=f) identified in [subsection (a)](#a), the [Secretary](/usc/21/321.md?p=d) may limit the size of the geographic area and the markets affected by such cessation if such limitation would not compromise the public health.
- (c) **Hearing on order—** The [Secretary](/usc/21/321.md?p=d) shall provide the responsible party subject to an order under [subsection (b)](#b) with an opportunity for an [informal hearing](/usc/21/321.md?p=x), to be held as soon as possible, but not later than 2 days after the issuance of the order, on the actions required by the order and on why the article that is the subject of the order should not be recalled.
- (d) **Post-hearing recall order and modification of order—**
  - (1) **Amendment of order—** If, after providing opportunity for an [informal hearing](/usc/21/321.md?p=x) under [subsection (c)](#c), the [Secretary](/usc/21/321.md?p=d) determines that removal of the article from [commerce](/usc/21/360hh.md?p=4) is necessary, the [Secretary](/usc/21/321.md?p=d) shall, as appropriate—
    - (A) amend the order to require recall of such article or other appropriate action;
    - (B) specify a timetable in which the recall shall occur;
    - (C) require periodic reports to the [Secretary](/usc/21/321.md?p=d) describing the progress of the recall; and
    - (D) provide notice to consumers to whom such article was, or may have been, distributed.
  - (2) **Vacating of order—** If, after such hearing, the [Secretary](/usc/21/321.md?p=d) determines that adequate grounds do not exist to continue the actions required by the order, or that such actions should be modified, the [Secretary](/usc/21/321.md?p=d) shall vacate the order or modify the order.
- (e) **Rule regarding alcoholic beverages—** The [Secretary](/usc/21/321.md?p=d) shall not initiate a mandatory recall or take any other action under this section with respect to any alcohol beverage until the [Secretary](/usc/21/321.md?p=d) has provided the Alcohol and Tobacco Tax and Trade Bureau with a reasonable opportunity to cease [distribution](/usc/21/360eee.md?p=5) and recall such article under the Alcohol and Tobacco Tax and Trade Bureau authority.
- (f) **Cooperation and consultation—** The [Secretary](/usc/21/321.md?p=d) shall work with [State](/usc/21/321.md?p=a-1) and local public health officials in carrying out this section, as appropriate.
- (g) **Public notification—** In conducting a recall under this section, the [Secretary](/usc/21/321.md?p=d) shall—
  - (1) ensure that a press release is published regarding the recall, as well as alerts and public notices, as appropriate, in order to provide notification—
    - (A) of the recall to consumers and retailers to whom such article was, or may have been, distributed; and
    - (B) that includes, at a minimum—
      - (i) the name of the article of [food](/usc/21/321.md?p=f) subject to the recall;
      - (ii) a description of the risk associated with such article; and
      - (iii) to the extent practicable, information for consumers about similar articles of [food](/usc/21/321.md?p=f) that are not affected by the recall;
  - (2) consult the policies of the [Department](/usc/21/321.md?p=c) of Agriculture regarding providing to the public a list of retail consignees receiving [products](/usc/21/360eee.md?p=13) involved in a Class I recall and shall consider providing such a list to the public, as determined appropriate by the [Secretary](/usc/21/321.md?p=d); and
  - (3) if available, publish on the Internet Web site of the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration an image of the article that is the subject of the press release described in (1).[^2]
- (h) **No delegation—** The authority conferred by this section to order a recall or vacate a recall order shall not be delegated to any officer or employee other than the [Commissioner](/usc/21/321.md?p=ee).
- (i) **Effect—** Nothing in this section shall affect the authority of the [Secretary](/usc/21/321.md?p=d) to request or participate in a voluntary recall, or to issue an order to cease [distribution](/usc/21/360eee.md?p=5) or to recall under any other provision of this chapter or under the Public Health Service Act [[42 U.S.C. 201](/usc/42/201.md) et seq.].
- (j) **Coordinated communication—**
  - (1) **In general—** To assist in carrying out the requirements of this subsection, the [Secretary](/usc/21/321.md?p=d) shall establish an incident command operation or a similar operation within the [Department](/usc/21/321.md?p=c) of Health and Human Services that will operate not later than 24 hours after the initiation of a mandatory recall or the recall of an article of [food](/usc/21/321.md?p=f) for which the use of, or exposure to, such article will cause serious adverse health consequences or death to humans or animals.
  - (2) **Requirements—** To reduce the potential for miscommunication during recalls or regarding investigations of a [food](/usc/21/321.md?p=f) borne illness outbreak associated with a [food](/usc/21/321.md?p=f) that is subject to a recall, each incident command operation or similar operation under [paragraph (1)](#j-1) shall use regular staff and resources of the [Department](/usc/21/321.md?p=c) of Health and Human Services to—
    - (A) ensure timely and coordinated communication within the [Department](/usc/21/321.md?p=c), including enhanced communication and coordination between different agencies and organizations within the [Department](/usc/21/321.md?p=c);
    - (B) ensure timely and coordinated communication from the [Department](/usc/21/321.md?p=c), including public statements, throughout the duration of the investigation and related foodborne illness outbreak;
    - (C) identify a single point of contact within the [Department](/usc/21/321.md?p=c) for public inquiries regarding any actions by the [Secretary](/usc/21/321.md?p=d) related to a recall;
    - (D) coordinate with Federal, [State](/usc/21/321.md?p=a-1), local, and tribal authorities, as appropriate, that have responsibilities related to the recall of a [food](/usc/21/321.md?p=f) or a foodborne illness outbreak associated with a [food](/usc/21/321.md?p=f) that is subject to the recall, including notification of the [Secretary](/usc/21/321.md?p=d) of Agriculture and the [Secretary](/usc/21/321.md?p=d) of Education in the event such recalled [food](/usc/21/321.md?p=f) is a commodity intended for use in a child nutrition program (as identified in [section 1769f(b) of title 42](/usc/42/1769f.md?p=b)); and
    - (E) conclude operations at such time as the [Secretary](/usc/21/321.md?p=d) determines appropriate.
  - (3) **Multiple recalls—** The [Secretary](/usc/21/321.md?p=d) may establish multiple or concurrent incident command operations or similar operations in the event of multiple recalls or foodborne illness outbreaks necessitating such action by the [Department](/usc/21/321.md?p=c) of Health and Human Services.

## Footnotes

[^1]: So in original. The words “to immediately cease distribution of such article.” probably should follow cl. (ii).
[^2]: So in original. Probably should be “paragraph (1).”

## Source credit

(June 25, 1938, ch. 675, § 423, as added Pub. L. 111–353, title II, § 206(a), Jan. 4, 2011, 124 Stat. 3939.)

## Notes

### Editorial Notes

### References in Text

The Public Health Service Act, referred to in subsec. (i), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

### 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.

### Search Engine

Pub. L. 111–353, title II, § 206(b), Jan. 4, 2011, 124 Stat. 3942, provided that: “Not later than 90 days after the date of enactment of this Act [Jan. 4, 2011], the Secretary shall modify the Internet Web site of the Food and Drug Administration to include a search engine that— is consumer-friendly, as determined by the Secretary; and provides a means by which an individual may locate relevant information regarding each article of food subject to a recall under section 423 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 350l] and the status of such recall (such as whether a recall is ongoing or has been completed).”