Sharing food safety information with State, local, Tribal, and territorial authorities

(a) In general Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the following: (d) Sharing food safety information with State, local, Tribal, and territorial authorities (1) Authorization Notwithstanding section 301(j) and any other law, regulation, or policy, the Secretary may share, with a State, local, Tribal, or territorial authority with counterpart functions related to the protection of public health, unredacted information in the possession of the Food and Drug Administration relating to any of the following: (A) Foodborne illness surveillance data. (B) Laboratory sampling testing information. (C) Inspectional information and results. (D) Distribution lists for recalls and outbreaks. (E) Consumer complaints. (F) Any other information the Secretary determines will assist such authority in protecting the public. (2) Timing The Secretary may share information pursuant to paragraph (1) as soon as is reasonably practicable. (3) Limitation on further disclosure A State, local, Tribal, or Territorial authority in receipt of information provided by the Secretary under this subsection shall not further disclose such information without permission of the Food and Drug Administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak, carry out a recall, or carry out other State enforcement activities. (4) Effect of subsection Nothing in this subsection affects the authority of the Secretary to enter into any written agreement authorized by other provisions of law to share confidential information.. (b) Conforming amendment The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by striking the second period at the end.

(a) In general Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the following: (d) Sharing food safety information with State, local, Tribal, and territorial authorities (1) Authorization Notwithstanding section 301(j) and any other law, regulation, or policy, the Secretary may share, with a State, local, Tribal, or territorial authority with counterpart functions related to the protection of public health, unredacted information in the possession of the Food and Drug Administration relating to any of the following: (A) Foodborne illness surveillance data. (B) Laboratory sampling testing information. (C) Inspectional information and results. (D) Distribution lists for recalls and outbreaks. (E) Consumer complaints. (F) Any other information the Secretary determines will assist such authority in protecting the public. (2) Timing The Secretary may share information pursuant to paragraph (1) as soon as is reasonably practicable. (3) Limitation on further disclosure A State, local, Tribal, or Territorial authority in receipt of information provided by the Secretary under this subsection shall not further disclose such information without permission of the Food and Drug Administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak, carry out a recall, or carry out other State enforcement activities. (4) Effect of subsection Nothing in this subsection affects the authority of the Secretary to enter into any written agreement authorized by other provisions of law to share confidential information. (e) Information disclosure during food safety incidents The Secretary is authorized to disclose commercial information obtained from a person that is protected under section 1905 of title 18, United States Code, when the disclosure of such information advances public health protection during a food safety incident, including a foodborne illness outbreak, an investigation related to contaminated food, or a food recall.. (b) Conforming amendment The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended— (1) by inserting to a State, local, Tribal, or territorial authority as specified in section 708(d), after of the Department,; and (2) by striking the second period at the end.