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GAO-05-216R 1 (2004-12-22)

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       Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-295520


          December 22, 2004

          The Honorable Judd Gregg
          Chairman
          The Honorable Edward M. Kennedy
          Ranking Minority Member
          Committee on Health, Education, Labor and Pensions
          United States Senate

          The Honorable Joe Barton
          Chairman
          The Honorable John D. Dingell
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Health and Human Services, Food and DrugAdministration:
                  Establishment and Maintenance of Records Under the Public Health
                  Security and Bioterrorism Preparedness and Response Act of 2002

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Health and Human Services, Food and
          Drug Administration (FDA), entitled Establishment and Maintenance of Records
          Under the Public Health Security and Bioterrorism Preparedness and Response Act
          of 2002 (RIN: 0910-AC39). We received the rule on December 9, 2004. It was
          published in the Federal Register as a final rule on December 9, 2004. 69 Fed. Reg.
          71562.

          The final rule requires the establishment and maintenance of records by persons
          who manufacture, process, pack, transport, distribute, receive, hold, or import food
          in the United States. The rule implements the Public Health Security and
          Bioterrorism Preparedness and Response Act of 2002 to help address credible
          threats of serious adverse health consequences or death to humans and animals.

          Enclosed is our assessment of the FDA's compliance with the procedural steps
          required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
          Our review indicates that FDA complied with the applicable requirements.


GAO-05-216R

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