; or (B) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. (9) For purposes of paragraph (2), the term pathogen means a microorganism of public health significance. . (b) Timing (1) Notification requirements Paragraphs (1), (2), (3), (4), (8), and (9) of subsection (e) of section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ), as amended by subsection (a), apply upon the enactment of this Act. (2) Response by Secretary Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Office of Critical Foods, shall establish a process for carrying out paragraphs (5) and (6) of subsection (e) of section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ), as amended by subsection (a), and begin implementation of such process.