Page:United States Statutes at Large Volume 124.djvu/3994

124 STAT. 3968 PUBLIC LAW 111–353—JAN. 4, 2011 SEC. 402. EMPLOYEE PROTECTIONS. Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.), as amended by section 209, is further amended by adding at the end the following: ‘‘SEC. 1012. EMPLOYEE PROTECTIONS. ‘‘(a) IN GENERAL.—No entity engaged in the manufacture, proc- essing, packing, transporting, distribution, reception, holding, or importation of food may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)— ‘‘(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Govern- ment, or the attorney general of a State information relating to any violation of, or any act or omission the employee reason- ably believes to be a violation of any provision of this Act or any order, rule, regulation, standard, or ban under this Act, or any order, rule, regulation, standard, or ban under this Act; ‘‘(2) testified or is about to testify in a proceeding concerning such violation; ‘‘(3) assisted or participated or is about to assist or partici- pate in such a proceeding; or ‘‘(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provi- sion of this Act, or any order, rule, regulation, standard, or ban under this Act. ‘‘(b) PROCESS.— ‘‘(1) IN GENERAL.—A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor (referred to in this section as the ‘Sec- retary’) alleging such discharge or discrimination and identi- fying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). ‘‘(2) INVESTIGATION.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have Deadline. Notification. Notification. Deadline. 21 USC 399d.