# FDA Food Safety Modernization Act (FSMA) — Federal Whistleblower Protection Filing Deadlines by Statute

For FDA Food Safety Modernization Act (FSMA), usc citation is 21 U.S.C. § 399d; filing deadline days is 180; covered industry is Food manufacturing, processing, packing, transporting, distribution, reception, holding, and importation; enforcement mechanism is Secretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusion; private right of action is Yes, if the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court, recorded from its source on 2026-08-15.

- **statute short name:** FDA Food Safety Modernization Act (FSMA)
- **usc citation:** 21 U.S.C. § 399d
- **filing deadline days:** 180 _(verified: appears in the quote below)_
- **covered industry:** Food manufacturing, processing, packing, transporting, distribution, reception, holding, and importation _(our reading, not quoted from the source)_
- **enforcement mechanism:** Secretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusion
- **private right of action:** Yes, if the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court

## What the source says

> 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 'Secretary') alleging such discharge or discrimination and identifying the person responsible for such act.

## Source

- https://www.whistleblowers.gov/statutes/fda_402

Last verified: 2026-08-15. Review by: 2027-08-15.
Part of [Federal Whistleblower Protection Filing Deadlines by Statute](https://referencesource.org/whistleblower-filing-deadlines/).