Mandatory recall authority

21 U.S. Code § 350l. Mandatory recall authority

(a) Voluntary procedures
If the Secretary determines, based on information gathered through the reportable food registry under section 350f of this title or through any other means, that there is a reasonable probability that an article of food (other than infant formula) is adulterated under section 342 of this title or misbranded under section 343(w) of this title and the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals, the Secretary shall provide the responsible party (as defined in section 350f of this title) with an opportunity to cease distribution and recall such article.
(b) Prehearing order to cease distribution and give notice
(1) In generalIf the responsible party refuses to or does not voluntarily cease distribution or recall such article within the time and in the manner prescribed by the Secretary (if so prescribed), the Secretary may, by order require, as the Secretary deems necessary, such person to—
(A)
immediately cease distribution of such article; and
(B) as applicable, immediately notify all persons—
(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 of such article.[1]
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