On March 26, 2014, the Food and Drug Administration (FDA or the Agency) published in the Federal Register an advance notice of proposed rulemaking entitled “Implementation of the Food and Drug Administration Food Safety Modernization Act Amendments to the Reportable Food Registry Provisions of the Federal Food, Drug, and Cosmetic Act” (the “ANPR”). Section 211 of the Food Safety Modernization Act (FSMA) directs FDA to improve the Reportable Food Registry (RFR) and requires grocery store notification of reportable food. In general, section 211 of FSMA provides that FDA may require a responsible party to submit to the Agency “consumer-oriented” information regarding a “reportable food”, including information necessary to enable a consumer to accurately identify whether the consumer is in possession of a reportable food sold by grocery stores. Congress gave FDA the authority to determine acceptable locations for posting and “other such prominent and conspicuous locations and manners utilized by grocery stores.”1 The Food Marketing Institute (FMI) appreciates the opportunity to comment on this important matter.

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