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  5. 09-10-0011 Certified Retort Operators, HHS/FDA/CFSAN
  1. Privacy Act

09-10-0011 Certified Retort Operators, HHS/FDA/CFSAN

System name:

Certified Retort Operators, HHS/FDA/CFSAN.

Security classification:

None.

System location:

Division of Hazard Analysis Critical Control Point, (HACCP) Programs (HFS–615), Center for Food Safety and Applied Nutrition, 200 C Street, SW, Washington, DC 20204.

Categories of individuals covered by the system:

Food industry employees who have attended courses of instruction relating to operation of retorts.

Categories of records in the system:

Contains name and training records.

Authority for maintenance of the system:

Section 404 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 344).

Purpose(s):

To ascertain that programs exist in regulated establishments relating to food industry employees instructed in operating retorts.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

Records in this system showing a low-acid canned food establishment not having supervised canning retort operations may be: (1) Referred for investigation and possible enforcement action against the company and responsible officials, to the Department of Justice, or appropriate State food and drug law enforcement agencies, or (2) disclosed in administrative or court proceedings in determining whether a record is relevant to an agency decision concerning documents of investigatory materials.

Most records in the system may be disclosed to a food company who may be advised as to whether an individual has satisfied FDA requirements.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

The Department of Health and Human Services (HHS) may disclose information from this system of records to the Department of Justice, or to a court or other tribunal, when

(a) HHS, or any component thereof; or

(b) Any HHS employee in his or her official capacity; or

(c) Any HHS employee in his or her individual capacity where the Department of Justice (or HHS, where it is authorized to do so) has agreed to represent the employee; or

(d) The United States or any agency thereof where HHS determines that the litigation is likely to affect HHS or any of its components,

is a party to litigation or has an interest in such litigation, and HHS determines that the use of such records by the Department of Justice, the court or other tribunal, is relevant and necessary to the litigation and would help in the effective representation of the governmental party, provided, however, that in each case, HHS determines that such disclosure is compatible with the purpose for which the records were collected.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:

Maintained in standard filing equipment.

Retrievability:

Indexed by name.

Safeguards:

1. Authorized users: Limited access to professional staff and secretary of the Regulatory Food Chemistry Branch.

2. Physical safeguards: Records are stored in locked containers in locked rooms and building.

3. Procedural safeguards: Users of personal information in connection with the performance of their jobs have been instructed to protect such information from public view and from unauthorized personnel. Access to records is strictly limited to those staff members trained in accordance with the Privacy Act.

4. Implementation guidelines: Safeguards are established in accordance with Chapter 45–13 and PHS hf:45–13 of the Department's General Administration Manual.

Retention and disposal:

Records may be retired to a Federal Records Center and subsequently disposed of in accordance with FDA's Records Control Schedule. The Records Control Schedule and disposal standard for these records may be obtained by writing to the system manager at the address below.

System manager(s) and address:

Director, Division of Hazard Analysis Critical Control Point (HACCP) Programs (HFS–615), Center for Food Safety and Applied Nutrition, 200 C Street, SW, Washington, DC 20204.

Notification procedure:

An individual may learn if a record exists about him or her upon written request, with notarized signature if request is made by mail, or with identification if request is made in person, directed to:

 

FDA Privacy Act Coordinator (HFI–30), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857

Record access procedures:

Same as notification procedure. Requesters should also reasonably specify the record contents being sought. You may also request an accounting of disclosures that have been made of your record, if any.

Contesting record procedures:

Contact the official at the address specified under the notification procedure and reasonably identify the record, specify the information being contested, the corrective action sought, and your reasons for requesting the correction, along with supporting information to show how the record is inaccurate, incomplete, untimely, or irrelevant.

Record source categories:

Educational institutions that conduct retort operator training.

Systems exempted from certain provisions of the act:

None.

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