107.220—Scope and effect of infant formula recalls.
        
        (1) 
         When the Food and Drug Administration has determined that it is necessary to remove from the market a distributed infant formula that is in violation of the laws and regulations administered by the Food and Drug Administration and that poses a risk to human health; or
    
    
        
        (2) 
         When a manufacturer has determined that it is necessary to remove from the market a distributed infant formula that:
    
    
    
        
        (ii) 
         Is in violation of the laws and regulations administered by the Food and Drug Administration and against which the agency could initiate legal or regulatory action; and
    
    
    
        
        (b) 
         The Food and Drug Administration will monitor continually the recall action and will take appropriate actions to ensure that the violative infant formula is removed from the market.