#aaith ,,congress #b;d ,session ,s4 #bgb ,,an ,,act ,to improve the safety of infant formula through testing of infant formula for microorganisms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,infant ,formula from ,contamination ,act4 #b4 ,notifications for testing of infant formula ,section #dab7;e7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7e77 is amended-- 7#a7 in paragraph 7#a71 in the matter following subparagraph 7,b7-- 7,a7 by striking promptly2 7,b7 by inserting 1 within #a business day of acquiring such knowledge after such knowledge2 and 7,c7 by striking the infant formula and inserting an infant formula2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,if the result of any testing of a sample from any production aggregate of finished infant formula product is confirmed as a positive analytical result for any microorganism for which finished product testing is required under section #ajf4ee7;e7 of title #ba1 ,code of ,federal ,regulations 7or any successor regulation71 the manufacturer shall-- 7,a7 within #a business day of acquiring a confirmed positive analytical result1 notify the ,secretary of such result1 regardless of whether such product has left an establishment subject to the control of the manufacturer2 7,b7 promptly consult with the ,secretary for proper isolation of the affected product1 and1 as the ,secretary may require1 cease distribution and properly dispose of the affected product2 and 7,c7 promptly provide to the ,secretary results and isolates from a positive sample of such product or the whole genome sequence data from any confirmed positive analytical result4 7#c7 ,not later than #a business day after receipt by the ,secretary of a notification under paragraph 7#b77;,a71 the ,secretary shall respond to the manufacturer of the infant formula to begin discussions regarding investigation and corrective action1 and1 as appropriate1 share the findings of the ,secretary with the manufacturer4 7#d7 ,not later than #ij days after receipt of a notification under paragraph 7#a7 or 7#b71 the ,secretary shall confirm1 including through the collection of documentation1 that the manufacturer submitting the notification performed1 or is performing1 an appropriate investigation and corrective action1 if applicable4 ,the ,secretary shall consider1 as part of the review of the root cause investigation1 the analytical method used to conduct laboratory testing and1 as appropriate1 the potential for cross contamination of the sample by handling and testing4 ,the manufacturer shall make such documentation available to the ,secretary electronically and for inspection under section #gjd4 4 #c4 ,reporting to improve the safety and supply of infant formula ,section #dab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7 is amended by adding at the end the following3 7n7 ,reporting ,to improve the safety and supply of infant formula 7#a7 ,progress report ,not later than #ahj days after the date of enactment of the ,protect ,infant ,formula from ,contamination ,act1 the ,secretary shall issue a progress report on implementation of the recommendations to improve the safety and supply of infant formula contained in the report titled1 ,long-,term ,national ,strategy to ,increase the ,resiliency of the ,u4,s4 ,infant ,formula ,market1 issued by the ,food and ,drug ,administration in ,january #bjbe4 ,such progress report shall include additional authorities or resources that the ,secretary may require for purposes of improving the safety and supply of infant formula and any revisions to the recommendations as a result of any infant formula recalls since the publication of the report1 as appropriate4 7#b7 ,quarterly reports on supply chain ,not later than #bgj days after the date of enactment of the ,protect ,infant ,formula from ,contamination ,act1 and not less frequently than quarterly for the #e-year period thereafter1 the ,secretary shall submit a report on the most current critical supply chain data for infant formula1 including in-stock rates1 to-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions2 the ,committee on ,agriculture1 ,nutrition1 and ,forestry2 and the ,subcommittee on ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce2 the ,committee on ,agriculture2 and the ,subcommittee on ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,consultation ,the ,secretary shall engage with the ,department of ,agriculture and other relevant agencies of the ,federal ,government regarding ongoing efforts to address immediate formula needs and build long-term resiliency into the infant formula market4 7#d7 ,reports on adequacy of supply ,not later than #a year1 #c years1 and #e years after the date of enactment of the ,protect ,infant ,formula from ,contamination ,act1 the ,secretary shall-- 7,a7 engage with public stakeholders1 infant formula manufacturers1 and other stakeholders1 as determined by the ,secretary1 to determine evidence-based practices that can be implemented to maximize infant formula supply and infant safety1 which may include the value of high frequency testing for purposes of identifying contamination events1 including events associated with botulism or other contaminants1 and bracketing potentially contaminated product1 the impact of corrective action on contamination events1 including events associated with botulism or other contaminants1 and evidence-based recommendations for enhancing infant formula supply and safety2 and 7,b7 submit a report to the committees described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 that identifies the modifications to manufacturer practices and actions described in subparagraph 7,a71 if any1 that could be implemented to improve infant formula supply and safety4 4 ,passed the ,senate ,april #bh1 #bjbf4,secretary