I 

110TH CONGRESS 

1ST SESSION H. R. 1148 

To establish the Food Safety Administration to protect the public health 

by preventing food-borne illness, ensuring the safety of food, improving 

research on contaminants leading to food-borne illness, and improving 

security of food from intentional contamination, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Ms. DELAURO (for herself, Ms. KAPTUR, Mr. MCDERMOTT, Mr. GEORGE

MILLER of California, Ms. MATSUI, Ms. BERKLEY, Mr. GRIJALVA, Ms. 

WOOLSEY, and Ms. MCCOLLUM of Minnesota) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the Food Safety Administration to protect the 

public health by preventing food-borne illness, ensuring 

the safety of food, improving research on contaminants 

leading to food-borne illness, and improving security of 

food from intentional contamination, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Safe Food Act of 2007’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

TITLE I—ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION 

Sec. 101. Establishment of Food Safety Administration. 

Sec. 102. Consolidation of separate food safety and inspection services and 

agencies. 

Sec. 103. Additional duties of the Administration. 

TITLE II—ADMINISTRATION OF FOOD SAFETY PROGRAM 

Sec. 201. Administration of national program. 

Sec. 202. Registration of food establishments and foreign food establishments. 

Sec. 203. Preventative process controls to reduce adulteration of food. 

Sec. 204. Performance standards for contaminants in food. 

Sec. 205. Inspections of food establishments. 

Sec. 206. Food production facilities. 

Sec. 207. Federal and State cooperation. 

Sec. 208. Imports. 

Sec. 209. Resource plan. 

Sec. 210. Traceback. 

TITLE III—RESEARCH AND EDUCATION 

Sec. 301. Public health assessment system. 

Sec. 302. Public education and advisory system. 

Sec. 303. Research. 

TITLE IV—ENFORCEMENT 

Sec. 401. Prohibited Acts. 

Sec. 402. Food detention, seizure, and condemnation. 

Sec. 403. Notification and recall. 

Sec. 404. Injunction proceedings. 

Sec. 405. Civil and criminal penalties. 

Sec. 406. Presumption. 

Sec. 407. Whistleblower protection. 

Sec. 408. Administration and enforcement. 

Sec. 409. Citizen civil actions. 

TITLE V—IMPLEMENTATION 

Sec. 501. Definition. 

Sec. 502. Reorganization plan. 

Sec. 503. Transitional authorities. 

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Sec. 504. Savings provisions. 

Sec. 505. Conforming amendments. 

Sec. 506. Additional technical and conforming amendments. 

Sec. 507. Regulations. 

Sec. 508. Authorization of appropriations. 

Sec. 509. Limitation on authorization of appropriations. 

Sec. 510. Effective date. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the safety of the food supply of the United 

4 States is vital to the public health, to public con5 fidence in the food supply, and to the success of the 

6 food sector of the Nation’s economy; 

7 (2) lapses in the protection of the food supply 

8 and loss of public confidence in food safety are dam9 aging to consumers and the food industry, and place 

10 a burden on interstate commerce; 

11 (3) the safety and security of the food supply 

12 requires an integrated, system-wide approach to pre13 venting food-borne illness, a thorough and broad14 based approach to basic and applied research, and 

15 intensive, effective, and efficient management of the 

16 Nation’s food safety program; 

17 (4) the task of preserving the safety of the food 

18 supply of the United States faces tremendous pres19 sures with regard to— 

20 (A) emerging pathogens and other con21 taminants and the ability to detect all forms of 

22 contamination; 

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1 (B) an aging and immune compromised 

2 population, with a growing number of people at 

3 high-risk for food-borne illnesses, including in4 fants and children; 

5 (C) an increasing volume of imported food, 

6 without adequate monitoring and inspection; 

7 and 

8 (D) maintenance of rigorous inspection of 

9 the domestic food processing and food service 

10 industries; 

11 (5) Federal food safety standard setting, in12 spection, enforcement, and research efforts should be 

13 based on the best available science and public health 

14 considerations and food safety resources should be 

15 systematically deployed in ways that most effectively 

16 prevent food-borne illness; 

17 (6) the Federal food safety system is frag18 mented, with at least 12 Federal agencies sharing 

19 responsibility for food safety, and operates under 

20 laws that do not reflect current conditions in the 

21 food system or current scientific knowledge about 

22 the cause and prevention of food-borne illness; 

23 (7) the fragmented Federal food safety system 

24 and outdated laws preclude an integrated, system25 wide approach to preventing food-borne illness, to 

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1 the effective and efficient operation of the Nation’s 

2 food safety program, and to the most beneficial de3 ployment of food safety resources; 

4 (8) the National Academy of Sciences rec5 ommended in the report ‘‘Ensuring Safe Food from 

6 Production to Consumption’’ that Congress establish 

7 by statute a unified and central framework for man8 aging Federal food safety programs, and rec9 ommended modifying Federal statutes so that in10 spection, enforcement, and research efforts are 

11 based on scientifically supportable assessments of 

12 risks to public health; and 

13 (9) the lack of a single focal point for food safe14 ty leadership in the United States undercuts the 

15 ability of the United States to exert food safety lead16 ership internationally, which is detrimental to the 

17 public health and the international trade interests of 

18 the United States. 

19 (b) PURPOSES.—The purposes of this Act are— 

20 (1) to establish a single agency to be known as 

21 the ‘‘Food Safety Administration’’ to— 

22 (A) regulate food safety and labeling to 

23 strengthen the protection of the public health; 

24 (B) ensure that food establishments fulfill 

25 their responsibility to produce food in a manner 

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1 that protects the public health of all people in 

2 the United States; 

3 (C) lead an integrated, system-wide ap4 proach to food safety and to make more effec5 tive and efficient use of resources to prevent 

6 food-borne illness; 

7 (D) provide a single focal point for food 

8 safety leadership, both nationally and inter9 nationally; and 

10 (E) provide an integrated food safety re11 search capability, utilizing internally-generated, 

12 scientifically and statistically valid studies, in 

13 cooperation with academic institutions and 

14 other scientific entities of the Federal and State 

15 governments, to achieve the continuous im16 provement of research on food-borne illness and 

17 contaminants; 

18 (2) to transfer to the Food Safety Administra19 tion the food safety, labeling, inspection, and en20 forcement functions that, as of the day before the ef21 fective date of this Act, are performed by other Fed22 eral agencies; and 

23 (3) to modernize and strengthen the Federal 

24 food safety laws to achieve more effective application 

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1 and efficient management of the laws for the protec2 tion and improvement of public health. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATION.—The term ‘‘Administra6 tion’’ means the Food Safety Administration estab7 lished under section 101(a)(1). 

8 (2) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of Food Safety ap10 pointed under section 101(a)(3). 

11 (3) ADULTERATED.— 

12 (A) IN GENERAL.—The term ‘‘adulter13 ated’’ has the meaning described in subsections 

14 (a) through (c) of section 402 of the Federal 

15 Food, Drug, and Cosmetic Act (21 U.S.C. 

16 342). 

17 (B) INCLUSION.—The term ‘‘adulterated’’ 

18 includes bearing or containing a contaminant 

19 that causes illness or death among sensitive 

20 populations. 

21 (4) AGENCY.—The term ‘‘agency’’ has the 

22 meaning given that term in section 551 of title 5, 

23 United States Code. 

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1 (5) CATEGORY 1 FOOD ESTABLISHMENT.—The 

2 term ‘‘category 1 food establishment’’ means a food 

3 establishment that slaughters animals for food. 

4 (6) CATEGORY 2 FOOD ESTABLISHMENT.—The 

5 term ‘‘category 2 food establishment’’ means a food 

6 establishment that processes raw meat, poultry, sea7 food products, regardless of whether the establish8 ment also has a kill step, and animal feed and other 

9 products that the Administrator determines by regu10 lation to be at high risk of contamination and the 

11 processes of which do not include a step validated to 

12 destroy contaminants. 

13 (7) CATEGORY 3 FOOD ESTABLISHMENT.—The 

14 term ‘‘category 3 food establishment’’ means a food 

15 establishment that processes meat, poultry, seafood 

16 products, and other products that the Administrator 

17 determines by regulation to be at high risk of con18 tamination and whose processes include a step vali19 dated to destroy contaminants. 

20 (8) CATEGORY 4 FOOD ESTABLISHMENT.—The 

21 term ‘‘category 4 food establishment’’ means a food 

22 establishment that processes all other categories of 

23 food products not described in paragraphs (5) 

24 through (7). 

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1 (9) CATEGORY 5 FOOD ESTABLISHMENT.—The 

2 term ‘‘category 5 food establishment’’ means a food 

3 establishment that stores, holds, or transports food 

4 products prior to delivery for retail sale. 

5 (10) CONTAMINANT.—The term ‘‘contaminant’’ 

6 includes a bacterium, chemical, natural or manufac7 tured toxin, virus, parasite, prion, physical hazard, 

8 or other human pathogen that when found on or in 

9 food can cause human illness, injury, or death. 

10 (11) CONTAMINATION.—The term ‘‘contamina11 tion’’ refers to a presence of a contaminant in food. 

12 (12) FOOD.— 

13 (A) IN GENERAL.—The term ‘‘food’’ 

14 means a product intended to be used for food 

15 or drink for a human or an animal. 

16 (B) INCLUSIONS.—The term ‘‘food’’ in17 cludes any product (including a meat food prod18 uct, as defined in section 1(j) of the Federal 

19 Meat Inspection Act (21 U.S.C. 601(j))), capa20 ble for use as human food that is made in whole 

21 or in part from any animal, including cattle, 

22 sheep, swine, or goat, or poultry (as defined in 

23 section 4 of the Poultry Products Inspection 

24 Act (21 U.S.C. 453)), and animal feed. 

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1 (C) EXCLUSION.—The term ‘‘food’’ does 

2 not include dietary supplements, as defined in 

3 section 201(ff) of the Federal Food, Drug, and 

4 Cosmetic Act (21 U.S.C. 321(ff)). 

5 (13) FOOD ESTABLISHMENT.— 

6 (A) IN GENERAL.—The term ‘‘food estab7 lishment’’ means a slaughterhouse, factory, 

8 warehouse, or facility owned or operated by a 

9 person located in any State that processes food 

10 or a facility that holds, stores, or transports 

11 food or food ingredients. 

12 (B) EXCLUSIONS.—For the purposes of 

13 registration, the term ‘‘food establishment’’ 

14 does not include a farm, restaurant, other retail 

15 food establishment, nonprofit food establish16 ment in which food is prepared for or served di17 rectly to the consumer, or fishing vessel (other 

18 than a fishing vessel engaged in processing, as 

19 that term is defined in section 123.3 of title 21, 

20 Code of Federal Regulations). 

21 (14) FOOD PRODUCTION FACILITY.—The term 

22 ‘‘food production facility’’ means any farm, ranch, 

23 orchard, vineyard, aquaculture facility, or confined 

24 animal-feeding operation. 

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1 (15) FOOD SAFETY LAW.—The term ‘‘food safe2 ty law’’ means— 

3 (A) the provisions of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 301 et 

5 seq.) related to and requiring the safety, label6 ing, and inspection of food, infant formulas, 

7 food additives, pesticide residues, and other 

8 substances present in food under that Act; 

9 (B) the provisions of the Federal Food, 

10 Drug, and Cosmetic Act (21 U.S.C. 301 et 

11 seq.) and of any other Act that are adminis12 tered by the Center for Veterinary Medicine of 

13 the Food and Drug Administration; 

14 (C) the Poultry Products Inspection Act 

15 (21 U.S.C. 451 et seq.); 

16 (D) the Federal Meat Inspection Act (21 

17 U.S.C. 601 et seq.); 

18 (E) the Egg Products Inspection Act (21 

19 U.S.C. 1031 et seq.); 

20 (F) the Sanitary Food Transportation Act 

21 of 1990 (49 U.S.C. App. 2801 et seq.); 

22 (G) the provisions enacted by the Sanitary 

23 Food Transportation Act of 2005 (subtitle B of 

24 title VII of Public Law 109–59); 

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1 (H) the provisions of the Humane Methods 

2 of Slaughter Act of 1978 (Public Law 95–448) 

3 administered by the Food Safety and Inspection 

4 Service; 

5 (I) the provisions of this Act; and 

6 (J) such other provisions of law related to 

7 and requiring food safety, labeling, inspection, 

8 and enforcement as the President designates by 

9 Executive order as appropriate to include within 

10 the jurisdiction of the Administration. 

11 (16) FOREIGN FOOD ESTABLISHMENT.—The 

12 term ‘‘foreign food establishment’’ means a slaugh13 terhouse, factory, warehouse, or facility located out14 side the United States that processes food for con15 sumption that is imported into the United States or 

16 food ingredients. 

17 (17) INTERSTATE COMMERCE.—The term 

18 ‘‘interstate commerce’’ has the meaning given that 

19 term in section 201(b) of the Federal Food, Drug, 

20 and Cosmetic Act (21 U.S.C. 321(b)). 

21 (18) MISBRANDED.—The term ‘‘misbranded’’ 

22 has the meaning given that term in section 403 of 

23 the Federal Food, Drug, and Cosmetic Act (21 

24 U.S.C. 343). 

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1 (19) PROCESS.—The term ‘‘process’’ or ‘‘proc2 essing’’ means the commercial harvesting, slaughter, 

3 packing, preparation, or manufacture of food. 

4 (20) SAFE.—The term ‘‘safe’’ refers to human 

5 and animal health. 

6 (21) STATE.—The term ‘‘State’’ means— 

7 (A) a State; 

8 (B) the District of Columbia; 

9 (C) the Commonwealth of Puerto Rico; 

10 and 

11 (D) any other territory or possession of the 

12 United States. 

13 (22) VALIDATION.—The term ‘‘validation’’ 

14 means the obtaining of evidence that the food hy15 giene control measure or measures selected to con16 trol a hazard in food is capable of effectively and 

17 consistently controlling the hazard. 

18 (23) STATISTICALLY VALID.—With respect to a 

19 study, the term ‘‘statistically valid’’ means evaluated 

20 and conducted under standards set by the National 

21 Institute of Standards and Technology. 

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1 TITLE I—ESTABLISHMENT OF 

2 FOOD SAFETY ADMINISTRATION 

3 SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRA4 TION. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—There is established in the 

7 executive branch an agency to be known as the 

8 ‘‘Food Safety Administration’’. 

9 (2) STATUS.—The Administration shall be an 

10 independent establishment (as defined in section 104 

11 of title 5, United States Code). 

12 (3) HEAD OF ADMINISTRATION.—The Adminis13 tration shall be headed by the Administrator of Food 

14 Safety, who shall be appointed by the President, by 

15 and with the advice and consent of the Senate. 

16 (b) DUTIES OF ADMINISTRATOR.—The Adminis17 trator shall— 

18 (1) administer and enforce the food safety law; 

19 (2) serve as a representative to international 

20 food safety bodies and discussions; 

21 (3) promulgate regulations to ensure the secu22 rity of the food supply from all forms of contamina23 tion, including intentional contamination; and 

24 (4) oversee— 

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1 (A) implementation of Federal food safety 

2 inspection, enforcement, and research efforts, to 

3 protect the public health; 

4 (B) development of consistent and science5 based standards for safe food; 

6 (C) coordination and prioritization of food 

7 safety research and education programs with 

8 other Federal agencies; 

9 (D) prioritization of Federal food safety ef10 forts and deployment of Federal food safety re11 sources to achieve the greatest possible benefit 

12 in reducing food-borne illness; 

13 (E) coordination of the Federal response to 

14 food-borne illness outbreaks with other Federal 

15 and State agencies; and 

16 (F) integration of Federal food safety ac17 tivities with State and local agencies. 

18 SEC. 102. CONSOLIDATION OF SEPARATE FOOD SAFETY 

19 AND INSPECTION SERVICES AND AGENCIES. 

20 (a) TRANSFER OF FUNCTIONS.—For each Federal 

21 agency specified in subsection (b), there are transferred 

22 to the Administration all functions that the head of the 

23 Federal agency exercised on the day before the effective 

24 date of this Act (including all related functions of any offi25 cer or employee of the Federal agency) that relate to admstockstill on PROD1PC66 with BILLS

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1 ministration or enforcement of the food safety law, as de2 termined by the President. 

3 (b) TRANSFERRED AGENCIES.—The Federal agen4 cies referred to in subsection (a) are— 

5 (1) the Food Safety and Inspection Service of 

6 the Department of Agriculture; 

7 (2) the Center for Food Safety and Applied Nu8 trition of the Food and Drug Administration; 

9 (3) the part of the Agriculture Marketing Serv10 ice that administers shell egg surveillance services 

11 established under the Egg Products Inspection Act 

12 (21 U.S.C. 1031 et seq.); 

13 (4) the resources and facilities of the Office of 

14 Regulatory Affairs of the Food and Drug Adminis15 tration that administer and conduct inspections of 

16 food establishments and imports; 

17 (5) the resources and facilities of the Office of 

18 the Commissioner of the Food and Drug Adminis19 tration that support— 

20 (A) the Center for Food Safety and Ap21 plied Nutrition; 

22 (B) the Center for Veterinary Medicine; 

23 and 

24 (C) the Office of Regulatory Affairs facili25 ties and resources described in paragraph (4); 

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1 (6) the Center for Veterinary Medicine of the 

2 Food and Drug Administration; 

3 (7) the resources and facilities of the Environ4 mental Protection Agency that control and regulate 

5 pesticide residues in food; 

6 (8) the part of the Research, Education, and 

7 Economics mission area of the Department of Agri8 culture related to food safety and animal feed re9 search; 

10 (9) the part of the National Marine Fisheries 

11 Service of the National Oceanic and Atmospheric 

12 Administration of the Department of Commerce that 

13 administers the seafood inspection program; 

14 (10) the Animal and Plant Inspection Health 

15 Service of the Department of Agriculture; and 

16 (11) such other offices, services, or agencies as 

17 the President designates by Executive order to carry 

18 out this Act. 

19 SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. 

20 (a) OFFICERS AND EMPLOYEES.—The Administrator 

21 may— 

22 (1) appoint officers and employees for the Ad23 ministration in accordance with the provisions of 

24 title 5, United States Code, relating to appointment 

25 in the competitive service; and 

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1 (2) fix the compensation of those officers and 

2 employees in accordance with chapter 51 and with 

3 subchapter III of chapter 53 of that title, relating to 

4 classification and General Schedule pay rates. 

5 (b) EXPERTS AND CONSULTANTS.—The Adminis6 trator may— 

7 (1) procure the services of temporary or inter8 mittent experts and consultants as authorized by 

9 section 3109 of title 5, United States Code; and 

10 (2) pay in connection with those services the 

11 travel expenses of the experts and consultants, in12 cluding transportation and per diem in lieu of sub13 sistence while away from the homes or regular 

14 places of business of the individuals, as authorized 

15 by section 5703 of that title. 

16 (c) BUREAUS, OFFICES, AND DIVISIONS.—The Ad17 ministrator may establish within the Administration such 

18 bureaus, offices, and divisions as the Administrator deter19 mines are necessary to perform the duties of the Adminis20 trator. 

21 (d) ADVISORY COMMITTEES.— 

22 (1) IN GENERAL.—The Administrator shall es23 tablish advisory committees that consist of rep24 resentatives of scientific expert bodies, academics, 

25 industry specialists, and consumers. 

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1 (2) DUTIES.—The duties of an advisory com2 mittee established under paragraph (1) may include 

3 developing recommendations with respect to the de4 velopment of new processes, research, communica5 tions, performance standards, and inspection. 

6 TITLE II—ADMINISTRATION OF 

7 FOOD SAFETY PROGRAM 

8 SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM. 

9 (a) IN GENERAL.—The Administrator shall— 

10 (1) administer a national food safety program 

11 (referred to in this section as the ‘‘program’’) to 

12 protect public health; and 

13 (2) ensure that persons who produce or process 

14 food meet their responsibility to prevent or minimize 

15 food safety hazards related to their products. 

16 (b) COMPREHENSIVE ANALYSIS.—The program shall 

17 be based on a comprehensive analysis of the hazards asso18 ciated with different food and with the processing of dif19 ferent food, including the identification and evaluation 

20 of— 

21 (1) the severity of the potential health risks; 

22 (2) the sources and specific points of potential 

23 contamination extending from the farm or ranch to 

24 the consumer that may render food unsafe; 

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1 (3) the potential for persistence, multiplication, 

2 or concentration of naturally occurring or added 

3 contaminants in food; 

4 (4) opportunities across the food production, 

5 processing, distribution, and retail system to reduce 

6 potential health risks; and 

7 (5) opportunities for intentional contamination. 

8 (c) PROGRAM ELEMENTS.—In carrying out the pro9 gram, the Administrator shall— 

10 (1) adopt and implement a national system for 

11 the registration of food establishments and foreign 

12 food establishments and regular unannounced in13 spection of food establishments; 

14 (2) enforce the adoption of process controls in 

15 food establishments, based on best available sci16 entific and public health considerations and best 

17 available technologies; 

18 (3) establish and enforce science-based stand19 ards for— 

20 (A) substances that may contaminate food; 

21 and 

22 (B) safety and sanitation in the processing 

23 and handling of food; 

24 (4) implement a statistically valid sampling pro25 gram to ensure that industry programs and procemstockstill on PROD1PC66 with BILLS

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1 dures that prevent food contamination are effective 

2 on an ongoing basis and that food meets the stand3 ards established under this Act; 

4 (5) implement procedures and requirements to 

5 ensure the safety and security of imported food; 

6 (6) coordinate with other agencies and State or 

7 local governments in carrying out inspection, en8 forcement, research, and monitoring; 

9 (7) have access to the surveillance data of the 

10 Centers for Disease Control and Prevention, and 

11 other Federal Government agencies, in order to im12 plement a national surveillance system to assess the 

13 health risks associated with the human consumption 

14 of food or to create surveillance data and studies; 

15 (8) develop public education risk communica16 tion and advisory programs; 

17 (9) implement a basic and applied research pro18 gram to further the purposes of this Act; and 

19 (10) coordinate and prioritize food safety re20 search and educational programs with other agen21 cies, including State or local agencies. 

22 SEC. 202. REGISTRATION OF FOOD ESTABLISHMENTS AND 

23 FOREIGN FOOD ESTABLISHMENTS. 

24 (a) IN GENERAL.—The Administrator shall by regu25 lation require that any food establishment or foreign food 

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1 establishment engaged in processing food in the United 

2 States be registered with the Administrator. 

3 (b) REGISTRATION REQUIREMENTS.— 

4 (1) IN GENERAL.—To be registered under sub5 section (a)— 

6 (A) in the case of a food establishment, the 

7 owner, operator, or agent in charge of the food 

8 establishment shall submit a registration to the 

9 Administrator; and 

10 (B) in the case of a foreign food establish11 ment, the owner, operator, or agent in charge 

12 of the foreign food establishment shall— 

13 (i) submit a registration to the Ad14 ministrator; and 

15 (ii) provide the name, address, and 

16 emergency contact information of the 

17 United States agent for the foreign food 

18 establishment. 

19 (2) REGISTRATION.—A food establishment or 

20 foreign food establishment shall submit a registra21 tion under paragraph (1) to the Administrator 

22 that— 

23 (A) identifies the name, address, and emer24 gency contact information of each food estab25 lishment or foreign food establishment that the 

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1 registrant operates under this Act and all trade 

2 names under which the registrant conducts 

3 business relating to food; 

4 (B) lists the primary purpose and business 

5 activity of each food establishment or foreign 

6 food establishment, including the dates of oper7 ation if the food establishment or foreign food 

8 establishment is seasonal; 

9 (C) lists the types of food processed or sold 

10 at each food establishment or, for foreign food 

11 establishments selling food for consumption in 

12 the United States, identifies the specific food 

13 categories of that food as listed under section 

14 170.3 of title 21, Code of Federal Regulations; 

15 and 

16 (D) not later than 30 days after a change 

17 in the products, function, or legal status of the 

18 food establishment or foreign food establish19 ment (including cessation of business activities), 

20 notifies the Administrator of the change. 

21 (3) PROCEDURE.—Upon receipt of a completed 

22 registration described in paragraph (1), the Admin23 istrator shall notify the registrant of the receipt of 

24 the registration, designate each establishment as a 

25 category 1, 2, 3, 4, or 5 food establishment, and asmstockstill on PROD1PC66 with BILLS

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1 sign a registration number to each food establish2 ment and foreign food establishment. 

3 (4) LIST.—The Administrator shall compile and 

4 maintain an up-to-date list of food establishments 

5 and foreign food establishments that are registered 

6 under this section. The Administrator may establish 

7 regulations by which such list may be shared with 

8 other governmental authorities. 

9 (5) DISCLOSURE EXEMPTION.—The disclosure 

10 requirements under section 552 of title 5, United 

11 States Code, shall not apply to— 

12 (A) the list compiled under paragraph (4); 

13 and 

14 (B) information derived from the list under 

15 paragraph (4), to the extent that it discloses 

16 the identity or location of a specific registered 

17 person. 

18 (6) SUSPENSION OF REGISTRATION.— 

19 (A) IN GENERAL.—The Administrator may 

20 suspend the registration of a food establishment 

21 or foreign food establishment, including the fa22 cility of an importer, for violation of a food 

23 safety law. 

24 (B) NOTICE AND OPPORTUNITY FOR

25 HEARING.—The Administrator shall provide nomstockstill on PROD1PC66 with BILLS

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1 tice to a registrant immediately upon the sus2 pension of the registration of the facility and 

3 provide registrant with an opportunity for a 

4 hearing within 3 days of the suspension. 

5 (7) REINSTATEMENT.—A registration that is 

6 suspended under this section may be reinstated pur7 suant to criteria published in the Federal Register 

8 by the Administrator. 

9 SEC. 203. PREVENTATIVE PROCESS CONTROLS TO REDUCE 

10 ADULTERATION OF FOOD. 

11 (a) IN GENERAL.—The Administrator shall, upon the 

12 basis of best available public health, scientific, and techno13 logical data, promulgate regulations to ensure that food 

14 establishments carry out their responsibilities to— 

15 (1) process food in a sanitary manner so that 

16 it is free of dirt and filth; 

17 (2) limit the presence of potentially harmful 

18 contaminants in food; 

19 (3) implement appropriate measures of prevent20 ative process control to minimize and reduce the 

21 presence and growth of contaminants in food and 

22 meet the performance standards established under 

23 section 204; 

24 (4) process all fully processed or ready-to-eat 

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1 able techniques and technologies to eliminate any po2 tentially harmful contaminants; and 

3 (5) label food intended for final processing out4 side commercial food establishments with instruc5 tions for handling and preparation for consumption 

6 that will destroy contaminants. 

7 (b) REGULATIONS.—Not later than 1 year after the 

8 effective date of this Act, the Administrator shall promul9 gate regulations that— 

10 (1) require all food establishments to adopt pre11 ventative process controls that are— 

12 (A) adequate to protect the public health; 

13 (B) meet relevant regulatory and food 

14 safety standards; and 

15 (C) limit the presence and growth of con16 taminants in food prepared in a food establish17 ment; 

18 (2) set standards for sanitation; 

19 (3) meet any performance standards for con20 taminants established under section 204; 

21 (4) require recordkeeping to monitor compli22 ance; 

23 (5) require sampling and testing at a frequency 

24 and in a manner sufficient to ensure that process 

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1 controls are effective on an ongoing basis and that 

2 regulatory standards are being met; and 

3 (6) provide for agency access to records kept by 

4 food establishments and submission of copies of the 

5 records to the Administrator, as the Administrator 

6 determines appropriate. 

7 (c) PROCESSING CONTROLS.—The Administrator 

8 may require any person with responsibility for or control 

9 over food or food ingredients to adopt process controls, 

10 if the process controls are needed to ensure the protection 

11 of the public health. 

12 SEC. 204. PERFORMANCE STANDARDS FOR CONTAMINANTS 

13 IN FOOD. 

14 (a) IN GENERAL.—To protect the public health, the 

15 Administrator shall establish by regulation and enforce 

16 performance standards that define, with respect to specific 

17 food-borne contaminants and foods, the level of food safety 

18 performance that a person responsible for producing, proc19 essing, or selling food shall meet. 

20 (b) IDENTIFICATION OF CONTAMINANTS; PERFORM21 ANCE STANDARDS.— 

22 (1) IN GENERAL.—Not later than 6 months 

23 after the date of enactment of this Act, the Adminis24 trator shall identify the food-borne contaminants 

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1 and food that contribute significantly to the risk of 

2 food-borne illness. 

3 (2) PERFORMANCE STANDARDS.—As soon as 

4 practicable after the identification of the contami5 nants under paragraph (1), the Administrator shall 

6 establish appropriate performance standards to pro7 tect against all food-borne contaminants. 

8 (3) SIGNIFICANT CONTAMINANTS.—The Admin9 istrator shall establish performance standards for 

10 the 5 contaminants that contribute to the greatest 

11 number of illnesses or deaths associated with raw 

12 meat, poultry, and seafood not later than 3 years 

13 after the date of enactment of this Act. The Admin14 istrator shall revise such standards not less often 

15 than every 3 years. 

16 (c) PERFORMANCE STANDARDS.— 

17 (1) IN GENERAL.—The performance standards 

18 established under this section shall include— 

19 (A) health-based standards that set the 

20 level of a contaminant that can safely and law21 fully be present in food; 

22 (B) zero tolerances, including zero toler23 ances for fecal matter, in addition to any zero24 tolerance standards in effect on the day before 

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1 essary to protect against significant adverse 

2 health outcomes; 

3 (C) process standards, such as log reduc4 tion criteria for cooked products, when suffi5 cient to ensure the safety of processed food; and 

6 (D) in the absence of data to support a 

7 performance standard described in subpara8 graph (A), (B), or (C), standards that define 

9 required performance in terms of ‘‘best reason10 ably achievable performance’’, using best avail11 able technologies, interventions, and practices. 

12 (2) BEST REASONABLY ACHIEVABLE PERFORM13 ANCE STANDARDS.—In developing best reasonably 

14 achievable performance standards, the Administrator 

15 shall collect, or contract for the collection of, data on 

16 current best practices and food safety outcomes re17 lated to the contaminants and foods in question, as 

18 the Administrator determines necessary. 

19 (3) REVOCATION BY ADMINISTRATOR.—All per20 formance standards, tolerances, action levels, or 

21 other similar standards in effect on the date of en22 actment of this Act shall remain in effect until re23 vised or revoked by the Administrator. 

24 (d) ENFORCEMENT.— 

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1 (1) IN GENERAL.—Not later than 1 year after 

2 the promulgation of a performance standard under 

3 this section, the Administrator shall implement a 

4 statistically significant sampling program to deter5 mine whether food establishments are complying 

6 with the performance standards promulgated under 

7 this section. The program established under this 

8 paragraph shall be at least as stringent as the Haz9 ard Analysis and Critical Control Point System re10 quirements established under part 417 of title 9, 

11 Code of Federal Regulations (or successor regula12 tion). 

13 (2) INSPECTIONS.—If the Administrator deter14 mines that a food establishment fails to meet a 

15 standard promulgated under this section, and such 

16 establishment fails to take appropriate corrective ac17 tion as determined by the Administrator, the Admin18 istrator shall, as appropriate— 

19 (A) detain, seize, or condemn food from 

20 the food establishment under section 402; 

21 (B) order a recall of food from the food es22 tablishment under section 403; 

23 (C) increase the inspection frequency for 

24 the food establishment; 

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1 (D) withdraw the mark of inspection from 

2 the food establishment, if in use; or 

3 (E) take other appropriate enforcement ac4 tion concerning the food establishment, includ5 ing withdrawal of registration. 

6 (e) NEWLY IDENTIFIED CONTAMINANTS.—Notwith7 standing any other provision of this section, the Adminis8 trator shall promulgate interim performance standards for 

9 newly identified contaminants as necessary to protect the 

10 public health. 

11 SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS. 

12 (a) IN GENERAL.—The Administrator shall establish 

13 an inspection program, which shall include sampling and 

14 testing of food and food establishments, to determine if 

15 each food establishment— 

16 (1) is operating in a sanitary manner; 

17 (2) has continuous systems, interventions, and 

18 processes in place to minimize or eliminate contami19 nants in food; 

20 (3) is in compliance with applicable perform21 ance standards established under section 204, and 

22 other regulatory requirements; 

23 (4) is processing food that is safe and not adul24 terated or misbranded; 

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1 (5) maintains records of process control plans 

2 under section 203, and other records related to the 

3 processing, sampling, and handling of food; and 

4 (6) is in compliance with the requirements of 

5 the food safety law. 

6 (b) ESTABLISHMENT CATEGORIES AND INSPECTION

7 FREQUENCIES.—The resource plan required under section 

8 209, including the description of resources required to 

9 carry out inspections of food establishments, shall be 

10 based on the following categories and inspection fre11 quencies, subject to subsections (c), (d), and (e): 

12 (1) CATEGORY 1 FOOD ESTABLISHMENTS.—A 

13 category 1 food establishment shall be subject to 

14 antemortem, postmortem, and continuous inspection 

15 of each slaughter line during all operating hours, 

16 and other inspection on a daily basis, sufficient to 

17 verify that— 

18 (A) diseased animals are not offered for 

19 slaughter; 

20 (B) the food establishment has successfully 

21 identified and removed from the slaughter line 

22 visibly defective or contaminated carcasses, has 

23 avoided cross-contamination, and destroyed or 

24 reprocessed them in a manner acceptable to the 

25 Administrator; and 

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1 (C) that applicable performance standards 

2 and other provisions of the food safety law, in3 cluding those intended to eliminate or reduce 

4 pathogens, have been satisfied. 

5 (2) CATEGORY 2 FOOD ESTABLISHMENTS.—A 

6 category 2 food establishment shall be randomly in7 spected at least daily. 

8 (3) CATEGORY 3 FOOD ESTABLISHMENTS.—A 

9 category 3 food establishment shall— 

10 (A) have ongoing verification that its proc11 esses are controlled; and 

12 (B) be randomly inspected at least month13 ly. 

14 (4) CATEGORY 4 FOOD ESTABLISHMENTS.—A 

15 category 4 food establishment shall be randomly in16 spected at least quarterly. 

17 (5) CATEGORY 5 FOOD ESTABLISHMENTS.—A 

18 category 5 food establishment shall be randomly in19 spected at least annually. 

20 (c) ESTABLISHMENT OF INSPECTION PROCE21 DURES.—The Administrator shall establish procedures 

22 under which inspectors or safety officers shall take ran23 dom samples, photographs, and copies of records in food 

24 establishments. 

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1 (d) ALTERNATIVE INSPECTION FREQUENCIES.— 

2 With respect to a category 2, 3, 4, or 5 food establishment, 

3 the Administrator may establish alternative increasing or 

4 decreasing inspection frequencies for subcategories of food 

5 establishments or individual establishments, to foster risk6 based allocation of resources, subject to the following cri7 teria and procedures: 

8 (1) Subcategories of food establishments and 

9 their alternative inspection frequencies shall be de10 fined by regulation, subject to paragraphs (2) and 

11 (3). 

12 (2) Regulations of alternative inspection fre13 quencies for subcategories of food establishments 

14 under paragraph (1) and for a specific food estab15 lishment under paragraph (4) shall provide that— 

16 (A) category 2 food establishments shall be 

17 inspected at least monthly; and 

18 (B) category 3, 4, and 5 food establish19 ments shall be inspected at least annually. 

20 (3) In defining subcategories of food establish21 ments and their alternative inspection frequencies 

22 under paragraphs (1) and (2), the Administrator 

23 shall consider— 

24 (A) the nature of the food products being 

25 processed, stored, or transported; 

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1 (B) the manner in which food products are 

2 processed, stored, or transported; 

3 (C) the inherent likelihood that the prod4 ucts will contribute to the risk of food-borne ill5 ness; 

6 (D) the best available evidence concerning 

7 reported illnesses associated with the foods pro8 duced in the proposed subcategory of establish9 ments; and 

10 (E) the overall record of compliance with 

11 the food safety law among establishments in the 

12 proposed subcategory, including compliance 

13 with applicable performance standards and the 

14 frequency of recalls. 

15 (4) The Administrator may adopt alternative 

16 inspection frequencies for increased or decreased in17 spection for a specific establishment, subject to 

18 paragraphs (2) and (5), and shall periodically pub19 lish a list of establishments subject to alternative in20 spections. 

21 (5) In adopting alternative inspection fre22 quencies for a specific establishment, the Adminis23 trator shall consider— 

24 (A) the criteria in paragraph (3); 

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1 (B) whether products from the specific es2 tablishment have been associated with a case or 

3 an outbreak of food-borne illness; and 

4 (C) the record of the establishment of com5 pliance with the food safety law, including com6 pliance with applicable performance standards 

7 and the frequency of recalls. 

8 (6) Before establishing decreased alternative in9 spection frequencies for subcategories of establish10 ments or individual establishments, the Adminis11 trator shall— 

12 (A) determine, based on the best available 

13 evidence, that the alternative uses of the re14 sources required to carry out the inspection ac15 tivity would make a greater contribution to pro16 tecting the public health and reducing the risk 

17 of food-borne illness than the use of resources 

18 described in subsection (b); 

19 (B) describe the alternative uses of re20 sources in general terms when issuing the regu21 lation or order that establishes the alternative 

22 inspection frequency; 

23 (C) consider the supporting evidence that 

24 an individual food establishment shall submit 

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1 quency should be established for such establish2 ment by the Administrator; and 

3 (D) include a description of the alternative 

4 uses in the annual resource plan required in 

5 section 209. 

6 (e) INSPECTION TRANSITION.—The Administrator 

7 shall manage the transition to the inspection system de8 scribed in this Act as follows: 

9 (1) In the case of a category 1 or 2 food estab10 lishment, the Administrator shall continue to imple11 ment the applicable inspection mandates of the Fed12 eral Meat Inspection Act (21 U.S.C. 601 et seq.), 

13 the Poultry Products Inspection Act (21 U.S.C. 451 

14 et seq.), and the Federal Food, Drug, and Cosmetic 

15 Act (21 U.S.C. 301 et seq.) until— 

16 (A) regulations required to implement this 

17 section have been promulgated; 

18 (B) the performance standards required by 

19 section 204(c) have been promulgated and im20 plemented for 1 year; and 

21 (C) the establishment has achieved compli22 ance with the other applicable provisions of the 

23 food safety law. 

24 (2) In the case of a category 1 or 2 food estab25 lishment that, within 2 years after the promulgation 

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1 of the performance standards required by section 

2 204(c), has not achieved compliance with the food 

3 safety law, the Administrator shall— 

4 (A) issue an order prohibiting the estab5 lishment from operating pending a demonstra6 tion by the establishment that sufficient 

7 changes in facilities, procedures, personnel, or 

8 other aspects of the process control system have 

9 been made such that the Administrator deter10 mines that compliance with the food safety law 

11 is achieved; and 

12 (B) following the demonstration required 

13 in subparagraph (A), issue an order authorizing 

14 the food establishment to operate subject, at a 

15 minimum, to— 

16 (i) the inspection requirement applica17 ble to the establishment under subsection 

18 (b) (1) or (2); and 

19 (ii) such other inspection or compli20 ance measures determined by the Adminis21 trator necessary to assure compliance with 

22 the applicable food safety law. 

23 (3) In the case of a category 3 food establish24 ment, the Administrator shall continue to implement 

25 the applicable inspection mandates of the Federal 

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1 Meat Inspection Act (21 U.S.C. 601 et seq.), the 

2 Poultry Products Inspection Act (21 U.S.C. 451 et 

3 seq.), and the Federal Food, Drug, and Cosmetic 

4 Act (21 U.S.C. 301 et seq.) until— 

5 (A) the regulations required to implement 

6 this section have been promulgated; 

7 (B) the first resource plan under section 

8 209 has been submitted; and 

9 (C) for individual establishments, compli10 ance with the food safety law has been dem11 onstrated. 

12 (4) In the case of a category 3 food establish13 ment that, within 1 year after the promulgation of 

14 the regulations required to implement this section, 

15 have not demonstrated compliance with the food 

16 safety law, the Administrator shall— 

17 (A) issue an order prohibiting the estab18 lishment from operating, pending a demonstra19 tion by the establishment that sufficient 

20 changes in facilities, procedures, personnel, or 

21 other aspects of the process control system have 

22 been made such that the Administrator deter23 mines that compliance with the food safety law 

24 is achieved; and 

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1 (B) following the demonstration required 

2 in subparagraph (A), issue an order authorizing 

3 the establishment to operate subject, at a min4 imum, to— 

5 (i) the inspection requirement applica6 ble to the establishment under subsection 

7 (b)(3); and 

8 (ii) such other inspection or compli9 ance measures determined by the Adminis10 trator necessary to assure compliance with 

11 the food safety law. 

12 (5) In the case of a category 4 or 5 food estab13 lishment, the inspection requirements of this Act 

14 shall be implemented as soon as possible after— 

15 (A) the promulgation of the regulations re16 quired to implement this section; 

17 (B) the publication of the first resource 

18 plan under section 209; and 

19 (C) the commencement of the first fiscal 

20 year in which the Administration is operating 

21 with budgetary resources that Congress has ap22 propriated following consideration of the re23 source plan under section 209. 

24 (f) OFFICIAL MARK.— 

25 (1) IN GENERAL.— 

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1 (A) ESTABLISHMENT.—Before the comple2 tion of the transition process under paragraphs 

3 (1) through (3) of subsection (e), the Adminis4 trator shall by regulation establish an official 

5 mark that shall be affixed to a food product 

6 produced in a category 1, 2, or 3 establishment, 

7 subject to subparagraph (B). 

8 (B) PREREQUISITE.—The official mark re9 quired under subparagraph (A) shall be affixed 

10 to a food product by the Administrator if the 

11 establishment has been inspected by the Admin12 istrator in accordance with the inspection fre13 quencies under this section and the establish14 ment is in compliance with the food safety law. 

15 (C) REMOVAL OF OFFICIAL MARK.—The 

16 Administrator shall promulgate regulations that 

17 provide for the removal of the official mark 

18 under this subsection if the Administrator 

19 makes a finding that the establishment is not in 

20 compliance with the food safety law. 

21 (2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH22 MENTS.—In the case of products produced in a cat23 egory 1, 2, or 3 food establishment— 

24 (A) products subject to Federal Meat In25 spection Act (21 U.S.C. 601 et seq.), the Poulmstockstill on PROD1PC66 with BILLS

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1 try Products Inspection Act (21 U.S.C. 451 et 

2 seq.), the Egg Products Inspection Act (21 

3 U.S.C. 1031 et seq.), and the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 301 et 

5 seq.) as of the date of enactment of this Act 

6 shall remain subject to the requirement under 

7 those Acts that they bear the mark of inspec8 tion pending completion of the transition proc9 ess under paragraphs (1) through (3) of sub10 section (e); 

11 (B) the Administrator shall publicly certify 

12 on a monthly basis that the inspection fre13 quencies required under this Act have been 

14 achieved; and 

15 (C) a product from an establishment that 

16 has not been inspected in accordance with the 

17 required frequencies under this section shall not 

18 bear the official mark and shall not be shipped 

19 in interstate commerce. 

20 (3) CATEGORY 4 AND 5 FOOD ESTABLISH21 MENTS.—In the case of a product produced in a cat22 egory 4 or 5 food establishment the Administrator 

23 shall provide by regulation for the voluntary use of 

24 the official mark established under paragraph (1), 

25 subject to— 

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1 (A) such minimum inspection frequencies 

2 as determined appropriate by the Adminis3 trator; 

4 (B) compliance with applicable perform5 ance standards and other provisions of the food 

6 safety law; and 

7 (C) such other requirements the Adminis8 trator considers appropriate. 

9 (g) IMPLEMENTATION.—Not later than 1 year after 

10 the effective date of this Act, the Administrator shall issue 

11 regulations to implement subsections (b) through (e). 

12 (h) MAINTENANCE AND INSPECTION OF RECORDS.— 

13 (1) IN GENERAL.— 

14 (A) RECORDS.—A food establishment 

15 shall— 

16 (i) maintain such records as the Ad17 ministrator shall require by regulation, in18 cluding all records relating to the proc19 essing, distributing, receipt, or importation 

20 of any food; and 

21 (ii) permit the Administrator, in addi22 tion to any authority of the food safety 

23 agencies in effect on the day before the 

24 date of enactment of this Act, upon pres25 entation of appropriate credentials and at 

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1 reasonable times and in a reasonable man2 ner, to have access to and copy all records 

3 maintained by or on behalf of such food es4 tablishment representative in any format 

5 (including paper or electronic) and at any 

6 location, that are necessary to assist the 

7 Administrator— 

8 (I) to determine whether the food 

9 is contaminated or not in compliance 

10 with the food safety law; or 

11 (II) to track the food in com12 merce. 

13 (B) REQUIRED DISCLOSURE.—A food es14 tablishment shall have an affirmative obligation 

15 to disclose to the Administrator the results of 

16 testing or sampling of food, equipment, or ma17 terial in contact with food, that is positive for 

18 any contaminant. 

19 (2) MAINTENANCE OF RECORDS.—The records 

20 in paragraph (1) shall be maintained for a reason21 able period of time, as determined by the Adminis22 trator. 

23 (3) REQUIREMENTS.—The records in para24 graph (1) shall include records describing— 

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1 (A) the origin, receipt, delivery, sale, move2 ment, holding, and disposition of food or ingre3 dients; 

4 (B) the identity and quantity of ingredi5 ents used in the food; 

6 (C) the processing of the food; 

7 (D) the results of laboratory, sanitation, or 

8 other tests performed on the food or in the food 

9 establishment; 

10 (E) consumer complaints concerning the 

11 food or packaging of the food; 

12 (F) the production codes, open date codes, 

13 and locations of food production; and 

14 (G) other matters reasonably related to 

15 whether food is unsafe, is adulterated or mis16 branded, or otherwise fails to meet the require17 ments of this Act. 

18 (i) PROTECTION OF SENSITIVE INFORMATION.— 

19 (1) IN GENERAL.—The Administrator shall de20 velop and maintain procedures to prevent the unau21 thorized disclosure of any trade secret or confiden22 tial information obtained by the Administrator. 

23 (2) LIMITATION.—The requirement under this 

24 subsection does not— 

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1 (A) limit the authority of the Adminis2 trator to inspect or copy records or to require 

3 the establishment or maintenance of records 

4 under this Act; 

5 (B) have any legal effect on section 1905 

6 of title 18, United States Code; 

7 (C) extend to any food recipe, financial 

8 data, pricing data, personnel data, or sales data 

9 (other than shipment dates relating to sales); 

10 (D) limit the public disclosure of distribu11 tion records or other records related to food 

12 subject to a voluntary or mandatory recall 

13 under section 403; or 

14 (E) limit the authority of the Adminis15 trator to promulgate regulations to permit the 

16 sharing of data with other governmental au17 thorities. 

18 (j) BRIBERY OF OR GIFTS TO INSPECTOR OR OTHER

19 OFFICERS AND ACCEPTANCE OF GIFTS.—Section 22 of 

20 the Federal Meat Inspection Act (21 U.S.C. 622) shall 

21 apply under this Act. 

22 SEC. 206. FOOD PRODUCTION FACILITIES. 

23 In carrying out the duties of the Administrator and 

24 the purposes of this Act, the Administrator shall have the 

25 authority, with respect to food production facilities, to— 

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1 (1) visit and inspect food production facilities in 

2 the United States and in foreign countries to inves3 tigate bioterrorism threats and for other critical food 

4 safety purposes; 

5 (2) review food safety records as required to be 

6 kept by the Administrator to carry out traceback 

7 and for other critical food safety purposes; 

8 (3) set good practice standards to protect the 

9 public and animal health and promote food safety; 

10 (4) conduct monitoring and surveillance of ani11 mals, plants, products, or the environment, as ap12 propriate; and 

13 (5) collect and maintain information relevant to 

14 public health and farm practices. 

15 SEC. 207. FEDERAL AND STATE COOPERATION. 

16 (a) IN GENERAL.—The Administrator shall work 

17 with the States to carry out activities and programs that 

18 create a national food safety program so that Federal and 

19 State programs function in a coordinated and cost-effec20 tive manner. 

21 (b) STATE ACTION.—The Administrator shall work 

22 with States to— 

23 (1) continue, strengthen, or establish State food 

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1 lation of retail commercial food establishments, 

2 transportation, harvesting, and fresh markets; 

3 (2) continue, strengthen, or establish inspection 

4 programs and requirements to ensure that food 

5 under the jurisdiction of the State is safe; and 

6 (3) support recall authorities at the State and 

7 local levels. 

8 (c) ASSISTANCE.—To assist in planning, developing, 

9 and implementing a food safety program, the Adminis10 trator may provide and continue to a State— 

11 (1) advisory assistance; 

12 (2) technical and laboratory assistance and 

13 training (including necessary materials and equip14 ment); and 

15 (3) financial, in kind, and other aid. 

16 (d) SERVICE AGREEMENTS.— 

17 (1) IN GENERAL.—The Administrator may, 

18 under agreements entered into with Federal, State, 

19 or local agencies, use on a reimbursable basis or oth20 erwise, the personnel and services of those agencies 

21 in carrying out this Act. 

22 (2) TRAINING.—Agreements with a State under 

23 this subsection may provide for training of State em24 ployees. 

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1 (3) MAINTENANCE OF AGREEMENTS.—The Ad2 ministrator shall maintain any agreement that is in 

3 effect on the day before the date of enactment of 

4 this Act until the Administrator evaluates such 

5 agreement and determines whether to maintain or 

6 substitute such agreement. 

7 (e) AUDITS.— 

8 (1) IN GENERAL.—The Administrator shall an9 nually conduct a comprehensive review of each State 

10 program that provides services to the Administrator 

11 in carrying out the responsibilities under this Act, 

12 including mandated inspections under section 205. 

13 (2) REQUIREMENTS.—The review shall— 

14 (A) include a determination of the effec15 tiveness of the State program; and 

16 (B) identify any changes necessary to en17 sure enforcement of Federal requirements 

18 under this Act. 

19 (f) NO FEDERAL PREEMPTION.—Nothing in this Act 

20 shall be construed to preempt the enforcement of State 

21 food safety laws and standards that are at least as strin22 gent as those under this Act. 

23 SEC. 208. IMPORTS. 

24 (a) IN GENERAL.—Not later than 2 years after the 

25 effective date of this Act, the Administrator shall establish 

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1 a system under which a foreign government or foreign 

2 food establishment seeking to import food to the United 

3 States shall submit a request for certification to the Ad4 ministrator. 

5 (b) CERTIFICATION STANDARD.—A foreign govern6 ment or foreign food establishment requesting a certifi7 cation to import food to the United States shall dem8 onstrate, in a manner determined appropriate by the Ad9 ministrator, that food produced under the supervision of 

10 a foreign government or by the foreign food establishment 

11 has met standards for food safety, inspection, labeling, 

12 and consumer protection that are at least equivalent to 

13 standards applicable to food produced in the United 

14 States. 

15 (c) CERTIFICATION APPROVAL.— 

16 (1) REQUEST BY FOREIGN GOVERNMENT.— 

17 Prior to granting the certification request of a for18 eign government, the Administrator shall review, 

19 audit, and certify the food safety program of a re20 questing foreign government (including all statutes, 

21 regulations, and inspection authority) as at least 

22 equivalent to the food safety program in the United 

23 States, as demonstrated by the foreign government. 

24 (2) REQUEST BY FOREIGN FOOD ESTABLISH25 MENT.—Prior to granting the certification request of 

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1 a foreign food establishment, the Administrator shall 

2 certify, based on an onsite inspection, the food safe3 ty programs and procedures of a requesting foreign 

4 firm as at least equivalent to the food safety pro5 grams and procedures of the United States. 

6 (d) LIMITATION.—A foreign government or foreign 

7 firm approved by the Administrator to import food to the 

8 United States under this section shall be certified to ex9 port only the approved food products to the United States 

10 for a period not to exceed 5 years. 

11 (e) WITHDRAWAL OF CERTIFICATION.—The Admin12 istrator may withdraw certification of any food from a for13 eign government or foreign firm— 

14 (1) if such food is linked to an outbreak of 

15 human illness; 

16 (2) following an investigation by the Adminis17 trator that finds that the foreign government pro18 grams and procedures or foreign food establishment 

19 is no longer equivalent to the food safety programs 

20 and procedures in the United States; or 

21 (3) following a refusal to allow United States 

22 officials to conduct such audits and investigations as 

23 may be necessary to fulfill the requirements under 

24 this section. 

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1 (f) RENEWAL OF CERTIFICATION.—The Adminis2 trator shall audit foreign governments and foreign food 

3 establishments at least every 5 years to ensure the contin4 ued compliance with the standards set forth in this sec5 tion. 

6 (g) REQUIRED ROUTINE INSPECTION.—The Admin7 istrator shall routinely inspect food and food animals (via 

8 a physical examination) before it enters the United States 

9 to ensure that it is— 

10 (1) safe; 

11 (2) labeled as required for food produced in the 

12 United States; and 

13 (3) otherwise meets requirements under the 

14 food safety law. 

15 (h) ENFORCEMENT.—The Administrator is author16 ized to— 

17 (1) deny importation of food from any foreign 

18 government that does not permit United States offi19 cials to enter the foreign country to conduct such 

20 audits and inspections as may be necessary to fulfill 

21 the requirements under this section; 

22 (2) deny importation of food from any foreign 

23 government or foreign firm that does not consent to 

24 an investigation by the Administration when food 

25 from that foreign country or foreign firm is linked 

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1 to a food-borne illness outbreak or is otherwise 

2 found to be adulterated or mislabeled; and 

3 (3) promulgate rules and regulations to carry 

4 out the purposes of this section, including setting 

5 terms and conditions for the destruction of products 

6 that fail to meet the standards of this Act. 

7 (i) DETENTION AND SEIZURE.—Any food imported 

8 for consumption in the United States may be detained, 

9 seized, or condemned pursuant to section 402. 

10 SEC. 209. RESOURCE PLAN. 

11 (a) IN GENERAL.—The Administrator shall prepare 

12 and update annually a resource plan describing the re13 sources required, in the best professional judgment of the 

14 Administrator, to develop and fully implement the national 

15 food safety program established under this Act. 

16 (b) CONTENTS OF PLAN.—The resource plan shall— 

17 (1) describe quantitatively the personnel, finan18 cial, and other resources required to carry out the 

19 inspection of food establishments under section 205 

20 and other requirements of the national food safety 

21 program; 

22 (2) allocate inspection resources in a manner 

23 reflecting the distribution of risk and opportunities 

24 to reduce risk across the food supply to the extent 

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1 feasible based on the best available information, and 

2 subject to section 205; and 

3 (3) describe the personnel, facilities, equipment, 

4 and other resources needed to carry out inspection 

5 and other oversight activities, at a total resource 

6 level equal to at least 50 percent of the resources re7 quired to carry out inspections in food establish8 ments under section 205— 

9 (A) in foreign establishments; 

10 (B) at the point of importation; and 

11 (C) at the point of production on farms, 

12 ranches, and feedlots. 

13 (c) GRANTS.—The resource plan shall include rec14 ommendations for funding to provide grants to States and 

15 local governments to carry out food safety activities in re16 tail and food service facilities and the required inspections 

17 in food establishments. 

18 (d) SUBMISSION OF PLAN.—The Administrator shall 

19 submit annually to the Committee on Appropriations of 

20 the Senate, the Committee on Appropriations of the House 

21 of Representatives, and other relevant committees of Con22 gress, the resource plan required under this section. 

23 SEC. 210. TRACEBACK. 

24 (a) IN GENERAL.—The Administrator, in order to 

25 protect the public health, shall establish requirements for 

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1 a national system for tracing food and food producing ani2 mals from point of origin to retail sale, subject to sub3 section (b). 

4 (b) APPLICABILITY.—Traceability requirements 

5 shall— 

6 (1) be established in accordance with regula7 tions and guidelines issued by the Administrator; 

8 and 

9 (2) apply to food production facilities and food 

10 establishments. 

11 (c) RELATIONSHIP TO COUNTRY OF ORIGIN LABEL12 ING.—Nothing contained in this section prevents or inter13 feres with implementation of the country of origin labeling 

14 requirements of subtitle D of the Agricultural Marketing 

15 Act of 1946 (7 U.S.C. 1638 et seq.). 

16 TITLE III—RESEARCH AND 

17 EDUCATION 

18 SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. 

19 (a) IN GENERAL.—The Administrator, acting in co20 ordination with the Director of the Centers for Disease 

21 Control and Prevention and with the Research Education 

22 and Economics mission area of the Department of Agri23 culture, shall— 

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1 (1) have access to the applicable data systems 

2 of the Centers for Disease Control and Prevention 

3 and to the databases made available by a State; 

4 (2) maintain an active surveillance system of 

5 food, food products, and epidemiological evidence 

6 submitted by States to the Centers for Disease Con7 trol and Prevention based on a representative pro8 portion of the population of the United States; 

9 (3) assess the frequency and sources of human 

10 illness in the United States associated with the con11 sumption of food; 

12 (4) maintain a state-of-the-art DNA matching 

13 system and epidemiological system dedicated to food14 borne illness identification, outbreaks, and contain15 ment; and 

16 (5) have access to the surveillance data created 

17 via monitoring and statistical studies conducted as 

18 part of its own inspection. 

19 (b) PUBLIC HEALTH SAMPLING.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the effective date of this Act, the Administrator shall 

22 establish guidelines for a sampling system under 

23 which the Administrator shall take and analyze sam24 ples of food— 

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1 (A) to assist the Administrator in carrying 

2 out this Act; and 

3 (B) to assess the nature, frequency of oc4 currence, and quantities of contaminants in 

5 food. 

6 (2) REQUIREMENTS.—The sampling system de7 scribed in paragraph (1) shall provide— 

8 (A) statistically valid monitoring, including 

9 market-based studies, on the nature, frequency 

10 of occurrence, and quantities of contaminants 

11 in food available to consumers; and 

12 (B) at the request of the Administrator, 

13 such other information, including analysis of 

14 monitoring and verification samples, as the Ad15 ministrator determines may be useful in assess16 ing the occurrence of contaminants in food. 

17 (c) ASSESSMENT OF HEALTH HAZARDS.— 

18 (1) IN GENERAL.—Through the surveillance 

19 system referred to in subsection (a) and the sam20 pling system described in subsection (b), the Admin21 istrator shall— 

22 (A) rank food categories based on the haz23 ard to human health presented by the food cat24 egory; 

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1 (B) identify appropriate industry and regu2 latory approaches to minimize hazards in the 

3 food supply; and 

4 (C) assess the public health environment 

5 for emerging diseases, including zoonosis, for 

6 their risk of appearance in the United States 

7 food supply. 

8 (2) COMPONENTS OF ANALYSIS.—The analysis 

9 under subsection (b)(1) may include— 

10 (A) a comparison of the safety of commer11 cial processing with the health hazards associ12 ated with food that is harvested for recreational 

13 or subsistence purposes and prepared non14 commercially; 

15 (B) a comparison of the safety of food that 

16 is domestically processed with the health haz17 ards associated with food that is processed out18 side the United States; 

19 (C) a description of contamination origi20 nating from handling practices that occur prior 

21 to or after the sale of food to consumers; and 

22 (D) use of comparative risk assessments. 

23 SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. 

24 (a) PUBLIC EDUCATION.— 

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1 (1) IN GENERAL.—The Administrator, in co2 operation with private and public organizations, in3 cluding the cooperative extension services and build4 ing on the efforts of appropriate State and local en5 tities, shall establish a national public education pro6 gram on food safety. 

7 (2) REQUIREMENTS.—The program shall pro8 vide— 

9 (A) information to the public regarding 

10 Federal standards and best practices and pro11 motion of public awareness, understanding, and 

12 acceptance of those standards and practices; 

13 (B) information for health professionals— 

14 (i) to improve diagnosis and treatment 

15 of food-related illness; and 

16 (ii) to advise individuals at special 

17 risk for food-related illnesses; and 

18 (C) such other information or advice to 

19 consumers and other persons as the Adminis20 trator determines will promote the purposes of 

21 this Act. 

22 (b) HEALTH ADVISORIES.—The Administrator, in 

23 consultation with other Federal departments and agencies 

24 as the Administrator determines necessary, shall work 

25 with the States and other appropriate entities— 

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1 (1) to develop and distribute regional and na2 tional advisories concerning food safety; 

3 (2) to develop standardized formats for written 

4 and broadcast advisories; 

5 (3) to incorporate State and local advisories 

6 into the national public education program estab7 lished under subsection (a); and 

8 (4) to present prompt, specific information re9 garding foods found to pose a threat to the public 

10 health. 

11 SEC. 303. RESEARCH. 

12 (a) IN GENERAL.—The Administrator shall conduct 

13 research to carry out this Act, including studies to— 

14 (1) improve sanitation and food safety practices 

15 in the processing of food; 

16 (2) develop improved techniques to monitor and 

17 inspect food; 

18 (3) develop efficient, rapid, and sensitive meth19 ods to detect contaminants in food; 

20 (4) determine the sources of contamination of 

21 contaminated food; 

22 (5) develop food consumption data; 

23 (6) identify ways that animal production tech24 niques could improve the safety of the food supply; 

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1 (7) draw upon research and educational pro2 grams that exist at the State and local level; 

3 (8) utilize the DNA matching system and other 

4 processes to identify and control pathogens; 

5 (9) address common and emerging zoonotic dis6 eases; 

7 (10) develop methods to reduce or destroy 

8 harmful pathogens before, during, and after proc9 essing; 

10 (11) analyze the incidence of antibiotic 

11 resistence as it pertains to the food supply and de12 velop new methods to reduce the transfer of anti13 biotic resistance to humans; and 

14 (12) conduct other research that supports the 

15 purposes of this Act. 

16 (b) CONTRACT AUTHORITY.—The Administrator may 

17 enter into contracts and agreements with any State, uni18 versity, Federal Government agency, or person to carry 

19 out this section. 

20 TITLE IV—ENFORCEMENT 

21 SEC. 401. PROHIBITED ACTS. 

22 It is prohibited— 

23 (1) to manufacture, introduce, deliver for intro24 duction, or receive into interstate commerce any food 

25 that is adulterated, misbranded, or otherwise unsafe; 

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1 (2) to adulterate or misbrand any food in inter2 state commerce; 

3 (3) for a food establishment or foreign food es4 tablishment to fail to register under section 202, or 

5 to operate without a valid registration; 

6 (4) to refuse to permit access to a food estab7 lishment for the inspection and copying of a record 

8 as required under section 205(h); 

9 (5) to fail to establish or maintain any record 

10 or to make any report as required under section 

11 205(h); 

12 (6) to refuse to permit entry to or inspection of 

13 a food establishment as required under section 205; 

14 (7) to fail to provide to the Administrator the 

15 results of a testing or sampling of a food, equip16 ment, or material in contact with contaminated food 

17 under section 205(i); 

18 (8) to fail to comply with a provision, regula19 tion, or order of the Administrator under section 

20 202, 203, 204, or 208; 

21 (9) to slaughter an animal that is capable for 

22 use in whole or in part as human food at a food es23 tablishment processing any such food for commerce, 

24 except in compliance with the food safety law; 

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1 (10) to transfer food in violation of an adminis2 trative detention order under section 402 or to re3 move or alter a required mark or label identifying 

4 the food as detained; 

5 (11) to fail to comply with a recall or other 

6 order under section 403; or 

7 (12) to otherwise violate the food safety law. 

8 SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNA9 TION. 

10 (a) ADMINISTRATIVE DETENTION OF FOOD.— 

11 (1) EXPANDED AUTHORITY.—The Adminis12 trator shall have authority under section 304 of the 

13 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

14 334) to administratively detain and seize any food 

15 that the Administrator has reason to believe is un16 safe, is adulterated or misbranded, or otherwise fails 

17 to meet the requirements of the food safety law. 

18 (2) DETENTION AUTHORITY.—If, during an in19 spection conducted in accordance with section 205 or 

20 208, an officer, employee, or agent of the Adminis21 tration making the inspection has reason to believe 

22 that a domestic food, imported food, or food offered 

23 for import is unsafe, is adulterated or misbranded, 

24 or otherwise fails to meet the requirements of this 

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1 Act, the officer or employee may order the food de2 tained. 

3 (3) PERIOD OF DETENTION.— 

4 (A) IN GENERAL.—A food may be detained 

5 for a reasonable period, not to exceed 20 days, 

6 unless a longer period, not to exceed 30 days, 

7 is necessary for the Administrator to institute a 

8 seizure action. 

9 (B) PERISHABLE FOOD.—The Adminis10 trator shall provide by regulation for procedures 

11 to institute a seizure action on an expedited 

12 basis with respect to perishable food. 

13 (4) SECURITY OF DETAINED FOOD.— 

14 (A) IN GENERAL.—A detention order— 

15 (i) may require that the food be la16 beled or marked as detained; and 

17 (ii) shall require that the food be re18 moved to a secure facility, if appropriate. 

19 (B) FOOD SUBJECT TO AN ORDER.—A 

20 food subject to a detention order shall not be 

21 transferred by any person from the place at 

22 which the food is removed, until released by the 

23 Administrator or until the expiration of the de24 tention period applicable under the order, 

25 whichever occurs first. 

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1 (C) DELIVERY OF FOOD.—This subsection 

2 does not authorize the delivery of a food in ac3 cordance with execution of a bond while the ar4 ticle is subject to the order. 

5 (b) APPEAL OF DETENTION ORDER.— 

6 (1) IN GENERAL.—A person who would be enti7 tled to be a claimant for a food subject to a deten8 tion order if the food were seized under section 304 

9 of the Federal Food, Drug, and Cosmetic Act (21 

10 U.S.C. 334), may appeal the order to the Adminis11 trator. 

12 (2) ACTION BY THE ADMINISTRATOR.—Not 

13 later than 5 days after an appeal is filed under para14 graph (1), the Administrator, after providing an op15 portunity for an informal hearing, shall confirm, 

16 modify, or terminate the order involved. 

17 (3) FINAL AGENCY ACTION.—Confirmation, 

18 modification, or termination by the Administrator 

19 under paragraph (2) shall be considered a final 

20 agency action for purposes of section 702 of title 5, 

21 United States Code. 

22 (4) TERMINATION.—The order shall be consid23 ered to be terminated if, after 5 days, the Adminis24 trator has failed— 

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1 (A) to provide an opportunity for an infor2 mal hearing; or 

3 (B) to confirm, modify, or terminate the 

4 order. 

5 (5) EFFECT OF INSTITUTING COURT ACTION.— 

6 If the Administrator initiates an action under sec7 tion 302 of the Federal Food, Drug, and Cosmetic 

8 Act (21 U.S.C. 332) or section 304(a) of that Act 

9 (21 U.S.C. 334(a)), the process for the appeal of the 

10 detention order shall terminate. 

11 (c) CONDEMNATION OF FOOD.— 

12 (1) IN GENERAL.—After confirming a detention 

13 order, the Administrator may order the food con14 demned. 

15 (2) DESTRUCTION OF FOOD.—Any food con16 demned shall be destroyed under the supervision of 

17 the Administrator. 

18 (3) RELEASE OF FOOD.—If the Administrator 

19 determines that, through reprocessing, relabeling, or 

20 other action, a detained food can be brought into 

21 compliance with this Act, the food may be released 

22 following a determination by the Administrator that 

23 the relabeling or other action as specified by the Ad24 ministrator has been performed. 

25 (d) TEMPORARY HOLDS AT PORTS OF ENTRY.— 

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1 (1) IN GENERAL.—If an officer or qualified em2 ployee of the Administration has reason to believe 

3 that a food is unsafe, is adulterated or misbranded, 

4 or otherwise fails to meet the requirements of this 

5 Act, and the officer or qualified employee is unable 

6 to inspect, examine, or investigate the food when the 

7 food is offered for import at a port of entry into the 

8 United States, the officer or qualified employee shall 

9 request the Secretary of Homeland Security to hold 

10 the food at the port of entry for a reasonable period 

11 of time, not to exceed 24 hours, to enable the Ad12 ministrator to inspect or investigate the food as ap13 propriate. 

14 (2) REMOVAL TO SECURE FACILITY.—The Ad15 ministrator shall work in coordination with the Sec16 retary of Homeland Security to remove a food held 

17 in accordance with paragraph (1) to a secure facility 

18 as appropriate. 

19 (3) PROHIBITION ON TRANSFER.—During the 

20 period in which the food is held, the food shall not 

21 be transferred by any person from the port of entry 

22 into the United States, or from the secure facility to 

23 which the food has been removed. 

24 (4) DELIVERY IN ACCORDANCE WITH A

25 BOND.—The delivery of the food in accordance with 

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1 the execution of a bond while the food is held is not 

2 authorized. 

3 (5) PROHIBITION ON REEXPORT.—A food found 

4 unfit for human or animal consumption shall be pro5 hibited from reexport without further processing to 

6 remove the contamination and reinspection by the 

7 Administration. 

8 SEC. 403. NOTIFICATION AND RECALL. 

9 (a) NOTICE TO ADMINISTRATOR OF VIOLATION.— 

10 (1) IN GENERAL.—A person that has reason to 

11 believe that any food introduced into or in interstate 

12 commerce, or held for sale (whether or not the first 

13 sale) after shipment in interstate commerce, may be 

14 in violation of the food safety law shall immediately 

15 notify the Administrator of the identity and location 

16 of the food. 

17 (2) MANNER OF NOTIFICATION.—Notification 

18 under paragraph (1) shall be made in such manner 

19 and by such means as the Administrator may re20 quire by regulation. 

21 (b) RECALL AND CONSUMER NOTIFICATION.— 

22 (1) VOLUNTARY ACTIONS.—If the Adminis23 trator determines that food is in violation of the food 

24 safety law when introduced into or while in inter25 state commerce or while held for sale (whether or 

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1 not the first sale) after shipment in interstate com2 merce and that there is a reasonable probability that 

3 the food, if consumed, would present a threat to 

4 public health, as determined by the Administrator, 

5 the Administrator shall give the appropriate persons 

6 (including the manufacturers, importers, distribu7 tors, or retailers of the food) an opportunity to— 

8 (A) cease distribution of the food; 

9 (B) notify all persons— 

10 (i) processing, distributing, or other11 wise handling the food to immediately 

12 cease such activities with respect to the 

13 food; or 

14 (ii) to which the food has been distrib15 uted, transported, or sold, to immediately 

16 cease distribution of the food; 

17 (C) recall the food; 

18 (D) in conjunction with the Administrator, 

19 provide notice of the finding of the Adminis20 trator— 

21 (i) to consumers to whom the food 

22 was, or may have been, distributed; and 

23 (ii) to State and local public health of24 ficials; or 

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1 (E) take any combination of the measures 

2 described in this paragraph, as determined by 

3 the Administrator to be appropriate in the cir4 cumstances. 

5 (2) MANDATORY ACTIONS.—If a person re6 ferred to in paragraph (1) refuses to or does not 

7 adequately carry out the actions described in that 

8 paragraph within the time period and in the manner 

9 prescribed by the Administrator, the Administrator 

10 shall— 

11 (A) have authority to control and possess 

12 the food, including ordering the shipment of the 

13 food from the food establishment to the Admin14 istrator— 

15 (i) at the expense of the food estab16 lishment; or 

17 (ii) in an emergency (as determined 

18 by the Administrator), at the expense of 

19 the Administration; and 

20 (B) by order, require, as the Administrator 

21 determines to be necessary, the person to imme22 diately— 

23 (i) cease distribution of the food; and 

24 (ii) notify all persons— 

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1 (I) processing, distributing, or 

2 otherwise handling the food to imme3 diately cease such activities with re4 spect to the food; or 

5 (II) if the food has been distrib6 uted, transported, or sold, to imme7 diately cease distribution of the food. 

8 (3) NOTIFICATION TO CONSUMERS BY ADMINIS9 TRATOR.—The Administrator shall, as the Adminis10 trator determines to be necessary, provide notice of 

11 the finding of the Administrator under paragraph 

12 (1)— 

13 (A) to consumers to whom the food was, or 

14 may have been, distributed; and 

15 (B) to State and local public health offi16 cials. 

17 (4) NONDISTRIBUTION BY NOTIFIED PER18 SONS.—A person that processes, distributes, or oth19 erwise handles the food, or to which the food has 

20 been distributed, transported, or sold, and that is 

21 notified under paragraph (1)(B) or (2)(B) shall im22 mediately cease distribution of the food. 

23 (5) AVAILABILITY OF RECORDS TO ADMINIS24 TRATOR.—Each person referred to in paragraph (1) 

25 that processed, distributed, or otherwise handled 

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1 food shall make available to the Administrator infor2 mation necessary to carry out this subsection, as de3 termined by the Administrator, regarding— 

4 (A) persons that processed, distributed, or 

5 otherwise handled the food; and 

6 (B) persons to which the food has been 

7 transported, sold, distributed, or otherwise han8 dled. 

9 (c) INFORMAL HEARINGS ON ORDERS.— 

10 (1) IN GENERAL.—The Administrator shall pro11 vide any person subject to an order under subsection 

12 (b) with an opportunity for an informal hearing, to 

13 be held as soon as practicable but not later than 2 

14 business days after the issuance of the order. 

15 (2) SCOPE OF THE HEARING.—In a hearing 

16 under paragraph (1), the Administrator shall con17 sider the actions required by the order and any rea18 sons why the food that is the subject of the order 

19 should not be recalled. 

20 (d) POST-HEARING RECALL ORDERS.— 

21 (1) AMENDMENT OF ORDER.—If, after pro22 viding an opportunity for an informal hearing under 

23 subsection (c), the Administrator determines that 

24 there is a reasonable probability that the food that 

25 is the subject of an order under subsection (b), if 

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1 consumed, would present a threat to the public 

2 health, the Administrator, as the Administrator de3 termines to be necessary, may— 

4 (A) amend the order to require recall of 

5 the food or other appropriate action; 

6 (B) specify a timetable in which the recall 

7 shall occur; 

8 (C) require periodic reports to the Admin9 istrator describing the progress of the recall; 

10 and 

11 (D) provide notice of the recall to con12 sumers to whom the food was, or may have 

13 been, distributed. 

14 (2) VACATION OF ORDERS.—If, after providing 

15 an opportunity for an informal hearing under sub16 section (c), the Administrator determines that ade17 quate grounds do not exist to continue the actions 

18 required by the order, the Administrator shall vacate 

19 the order. 

20 (e) REMEDIES NOT EXCLUSIVE.—The remedies pro21 vided in this section shall be in addition to, and not exclu22 sive of, other remedies that may be available. 

23 SEC. 404. INJUNCTION PROCEEDINGS. 

24 (a) JURISDICTION.—The district courts of the United 

25 States, and the United States courts of the territories and 

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1 possessions of the United States, shall have jurisdiction, 

2 for cause shown, to restrain a violation of section 202, 

3 203, 204, 207, or 401 (or a regulation promulgated under 

4 that section). 

5 (b) TRIAL.—In a case in which violation of an injunc6 tion or restraining order issued under this section also 

7 constitutes a violation of the food safety law, trial shall 

8 be by the court or, upon demand of the accused, by a jury. 

9 SEC. 405. CIVIL AND CRIMINAL PENALTIES. 

10 (a) CIVIL SANCTIONS.— 

11 (1) CIVIL PENALTY.— 

12 (A) IN GENERAL.—Any person that com13 mits an act that violates the food safety law (in14 cluding a regulation promulgated or order 

15 issued under a Federal food safety law) may be 

16 assessed a civil penalty by the Administrator of 

17 not more than $10,000 for each such act. 

18 (B) SEPARATE OFFENSE.—Each act de19 scribed in subparagraph (A) and each day dur20 ing which that act continues shall be considered 

21 a separate offense. 

22 (2) OTHER REQUIREMENTS.— 

23 (A) WRITTEN ORDER.—The civil penalty 

24 described in paragraph (1) shall be assessed by 

25 the Administrator by a written order, which 

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1 shall specify the amount of the penalty and the 

2 basis for the penalty under subparagraph (B) 

3 considered by the Administrator. 

4 (B) AMOUNT OF PENALTY.—Subject to 

5 paragraph (1)(A), the amount of the civil pen6 alty shall be determined by the Administrator, 

7 after considering— 

8 (i) the gravity of the violation; 

9 (ii) the degree of culpability of the 

10 person; 

11 (iii) the size and type of the business 

12 of the person; and 

13 (iv) any history of prior offenses by 

14 the person under the food safety law. 

15 (C) REVIEW OF ORDER.—The order may 

16 be reviewed only in accordance with subsection 

17 (c). 

18 (b) CRIMINAL SANCTIONS.— 

19 (1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), a person that knowingly pro21 duces or introduces into commerce food that is un22 safe or otherwise adulterated or misbranded shall be 

23 imprisoned for not more than 1 year or fined not 

24 more than $10,000, or both. 

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1 (2) SEVERE VIOLATIONS.—A person that com2 mits a violation described in paragraph (1) after a 

3 conviction of that person under this section has be4 come final, or commits such a violation with the in5 tent to defraud or mislead, shall be imprisoned for 

6 not more than 3 years or fined not more than 

7 $100,000, or both. 

8 (3) EXCEPTION.—No person shall be subject to 

9 the penalties of this subsection— 

10 (A) for having received, proffered, or deliv11 ered in interstate commerce any food, if the re12 ceipt, proffer, or delivery was made in good 

13 faith, unless that person refuses to furnish (on 

14 request of an officer or employee designated by 

15 the Administrator)— 

16 (i) the name, address and contact in17 formation of the person from whom that 

18 person purchased or received the food; 

19 (ii) copies of all documents relating to 

20 the person from whom that person pur21 chased or received the food; and 

22 (iii) copies of all documents pertaining 

23 to the delivery of the food to that person; 

24 or 

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1 (B) if that person establishes a guaranty 

2 signed by, and containing the name and address 

3 of, the person from whom that person received 

4 in good faith the food, stating that the food is 

5 not adulterated or misbranded within the mean6 ing of this Act. 

7 (c) JUDICIAL REVIEW.— 

8 (1) IN GENERAL.—An order assessing a civil 

9 penalty under subsection (a) shall be a final order 

10 unless the person— 

11 (A) not later than 30 days after the effec12 tive date of the order, files a petition for judi13 cial review of the order in the United States 

14 court of appeals for the circuit in which that 

15 person resides or has its principal place of busi16 ness or the United States Court of Appeals for 

17 the District of Columbia; and 

18 (B) simultaneously serves a copy of the pe19 tition by certified mail to the Administrator. 

20 (2) FILING OF RECORD.—Not later than 45 

21 days after the service of a copy of the petition under 

22 paragraph (1)(B), the Administrator shall file in the 

23 court a certified copy of the administrative record 

24 upon which the order was issued. 

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1 (3) STANDARD OF REVIEW.—The findings of 

2 the Administrator relating to the order shall be set 

3 aside only if found to be unsupported by substantial 

4 evidence on the record as a whole. 

5 (d) COLLECTION ACTIONS FOR FAILURE TO PAY.— 

6 (1) IN GENERAL.—If any person fails to pay a 

7 civil penalty assessed under subsection (a) after the 

8 order assessing the penalty has become a final order, 

9 or after the court of appeals described in subsection 

10 (b) has entered final judgment in favor of the Ad11 ministrator, the Administrator shall refer the matter 

12 to the Attorney General, who shall institute in a 

13 United States district court of competent jurisdic14 tion a civil action to recover the amount assessed. 

15 (2) LIMITATION ON REVIEW.—In a civil action 

16 under paragraph (1), the validity and appropriate17 ness of the order of the Administrator assessing the 

18 civil penalty shall not be subject to judicial review. 

19 (e) PENALTIES PAID INTO ACCOUNT.—The Adminis20 trator— 

21 (1) shall deposit penalties collected under this 

22 section in an account in the Treasury; and 

23 (2) may use the funds in the account, without 

24 further appropriation or fiscal year limitation— 

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1 (A) to carry out enforcement activities 

2 under food safety law; or 

3 (B) to provide assistance to States to in4 spect retail commercial food establishments or 

5 other food or firms under the jurisdiction of 

6 State food safety programs. 

7 (f) DISCRETION OF THE ADMINISTRATOR TO PROS8 ECUTE.—Nothing in this Act requires the Administrator 

9 to report for prosecution, or for the commencement of an 

10 action, the violation of the food safety law in a case in 

11 which the Administrator finds that the public interest will 

12 be adequately served by the assessment of a civil penalty 

13 under this section. 

14 (g) REMEDIES NOT EXCLUSIVE.—The remedies pro15 vided in this section may be in addition to, and not exclu16 sive of, other remedies that may be available. 

17 SEC. 406. PRESUMPTION. 

18 In any action to enforce the requirements of the food 

19 safety law, the connection with interstate commerce re20 quired for jurisdiction shall be presumed to exist. 

21 SEC. 407. WHISTLEBLOWER PROTECTION. 

22 (a) IN GENERAL.—No Federal employee, employee of 

23 a Federal contractor or subcontractor, or any individual 

24 employed by a company (referred to in this section as a 

25 ‘‘covered individual’’), may be discharged, demoted, susmstockstill on PROD1PC66 with BILLS

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1 pended, threatened, harassed, or in any other manner dis2 criminated against, because of any lawful act done by the 

3 covered individual to— 

4 (1) provide information, cause information to be 

5 provided, or otherwise assist in an investigation re6 garding any conduct that the covered individual rea7 sonably believes constitutes a violation of any law, 

8 rule, or regulation, or that the covered individual 

9 reasonably believes constitutes a threat to the public 

10 health, when the information or assistance is pro11 vided to, or the investigation is conducted by— 

12 (A) a Federal regulatory or law enforce13 ment agency; 

14 (B) a Member or committee of Congress; 

15 or 

16 (C) a person with supervisory authority 

17 over the covered individual (or such other indi18 vidual who has the authority to investigate, dis19 cover, or terminate misconduct); 

20 (2) file, cause to be filed, testify, participate in, 

21 or otherwise assist in a proceeding or action filed or 

22 about to be filed relating to a violation of any law, 

23 rule, or regulation; or 

24 (3) refused to violate or assist in the violation 

25 of any law, rule, or regulation. 

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1 (b) ENFORCEMENT ACTION.— 

2 (1) IN GENERAL.—A covered individual who al3 leges discharge or other discrimination by any per4 son in violation of subsection (a) may seek relief 

5 under subsection (c) by filing a complaint with the 

6 Secretary of Labor. If the Secretary of Labor has 

7 not issued a final decision within 180 days after the 

8 date on which the complaint is filed and there is no 

9 showing that such delay is due to the bad faith of 

10 the claimant, the claimant may bring an action at 

11 law or equity for de novo review in the appropriate 

12 district court of the United States, which shall have 

13 jurisdiction over such an action without regard to 

14 the amount in controversy. 

15 (2) PROCEDURE.— 

16 (A) IN GENERAL.—An action under para17 graph (1) shall be governed under the rules and 

18 procedures set forth in section 42121(b) of title 

19 49, United States Code. 

20 (B) EXCEPTION.—Notification under sec21 tion 42121(b)(1) of title 49, United States 

22 Code, shall be made to the person named in the 

23 complaint and to the person’s employer. 

24 (C) BURDENS OF PROOF.—An action 

25 brought under paragraph (1) shall be governed 

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1 by the legal burdens of proof set for in section 

2 42121(b) of title 49, United States Code. 

3 (D) STATUTE OF LIMITATIONS.—An action 

4 under paragraph (1) shall be commenced not 

5 later than 90 days after the date on which the 

6 violation occurs. 

7 (c) REMEDIES.— 

8 (1) IN GENERAL.—A covered individual pre9 vailing in any action under subsection (b)(1) shall be 

10 entitled to all relief necessary to make the covered 

11 individual whole. 

12 (2) COMPENSATORY DAMAGES.—Relief for any 

13 action described in paragraph (1) shall include— 

14 (A) reinstatement with the same seniority 

15 status that the covered individual would have 

16 had, but for the discrimination; 

17 (B) the amount of any back pay, with in18 terest; and 

19 (C) compensation for any special damages 

20 sustained as a result of the discrimination, in21 cluding litigation costs, expert witness fees, and 

22 reasonable attorney’s fees. 

23 (d) RIGHTS RETAINED BY THE COVERED INDI24 VIDUAL.—Nothing in this section shall be construed to di25 minish the rights, privileges, or remedies of any covered 

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1 individual under any Federal or State law, or under any 

2 collective bargaining agreement. 

3 SEC. 408. ADMINISTRATION AND ENFORCEMENT. 

4 (a) IN GENERAL.—For the efficient administration 

5 and enforcement of the food safety law, the provisions (in6 cluding provisions relating to penalties) of sections 6, 8, 

7 9, and 10 of the Federal Trade Commission Act (15 

8 U.S.C. 46, 48, 49, and 50) (except subsections (c) through 

9 (h) of section 6 of that Act), relating to the jurisdiction, 

10 powers, and duties of the Federal Trade Commission and 

11 the Attorney General to administer and enforce that Act, 

12 and to the rights and duties of persons with respect to 

13 whom the powers are exercised, shall apply to the jurisdic14 tion, powers, and duties of the Administrator and the At15 torney General in administering and enforcing the provi16 sions of the food safety law and to the rights and duties 

17 of persons with respect to whom the powers are exercised, 

18 respectively. 

19 (b) INQUIRIES AND ACTIONS.— 

20 (1) IN GENERAL.—The Administrator, in per21 son or by such agents as the Administrator may des22 ignate, may prosecute any inquiry necessary to carry 

23 out the duties of the Administrator under the food 

24 safety law in any part of the United States. 

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1 (2) POWERS.—The powers conferred by sec2 tions 9 and 10 of the Federal Trade Commission 

3 Act (15 U.S.C. 49 and 50) on the United States dis4 trict courts may be exercised for the purposes of this 

5 chapter by any United States district court of com6 petent jurisdiction. 

7 SEC. 409. CITIZEN CIVIL ACTIONS. 

8 (a) CIVIL ACTIONS.—A person may commence a civil 

9 action against— 

10 (1) a person that violates a regulation (includ11 ing a regulation establishing a performance stand12 ard), order, or other action of the Administrator to 

13 ensure the safety of food; or 

14 (2) the Administrator (in his or her capacity as 

15 the Administrator), if the Administrator fails to per16 form an act or duty to ensure the safety of food that 

17 is not discretionary under the food safety law. 

18 (b) COURT.— 

19 (1) IN GENERAL.—The action shall be com20 menced in the United States district court for the 

21 district in which the defendant resides, is found, or 

22 has an agent. 

23 (2) JURISDICTION.—The court shall have juris24 diction, without regard to the amount in con25 troversy, or the citizenship of the parties, to enforce 

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1 a regulation (including a regulation establishing a 

2 performance standard), order, or other action of the 

3 Administrator, or to order the Administrator to per4 form the act or duty. 

5 (3) DAMAGES.—The court may— 

6 (A) award damages, in the amount of dam7 ages actually sustained; and 

8 (B) if the court determines it to be in the 

9 interest of justice, award the plaintiff the costs 

10 of suit, including reasonable attorney’s fees, 

11 reasonable expert witness fees, and penalties. 

12 (c) REMEDIES NOT EXCLUSIVE.—The remedies pro13 vided for in this section shall be in addition to, and not 

14 exclusive of, other remedies that may be available. 

15 TITLE V—IMPLEMENTATION 

16 SEC. 501. DEFINITION. 

17 For purposes of this title, the term ‘‘transition pe18 riod’’ means the 12-month period beginning on the effec19 tive date of this Act. 

20 SEC. 502. REORGANIZATION PLAN. 

21 (a) SUBMISSION OF PLAN.—Not later than 180 days 

22 after the effective date of this Act, the President shall 

23 transmit to the appropriate congressional committees a re24 organization plan regarding the following: 

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1 (1) The transfer of agencies, personnel, assets, 

2 and obligations to the Administration pursuant to 

3 this Act. 

4 (2) Any consolidation, reorganization, or 

5 streamlining of agencies transferred to the Adminis6 tration pursuant to this Act. 

7 (b) PLAN ELEMENTS.—The plan transmitted under 

8 subsection (a) shall contain, consistent with this Act, such 

9 elements as the President determines appropriate, includ10 ing the following: 

11 (1) Identification of any functions of agencies 

12 designated to be transferred to the Administration 

13 pursuant to this Act that will not be transferred to 

14 the Administration under the plan. 

15 (2) Specification of the steps to be taken by the 

16 Administrator to organize the Administration, in17 cluding the delegation or assignment of functions 

18 transferred to the Administration among the officers 

19 of the Administration in order to permit the Admin20 istration to carry out the functions transferred 

21 under the plan. 

22 (3) Specification of the funds available to each 

23 agency that will be transferred to the Administration 

24 as a result of transfers under the plan. 

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1 (4) Specification of the proposed allocations 

2 within the Administration of unexpended funds 

3 transferred in connection with transfers under the 

4 plan. 

5 (5) Specification of any proposed disposition of 

6 property, facilities, contracts, records, and other as7 sets and obligations of agencies transferred under 

8 the plan. 

9 (6) Specification of the proposed allocations 

10 within the Administration of the functions of the 

11 agencies and subdivisions that are not related di12 rectly to ensuring the safety of food. 

13 (c) MODIFICATION OF PLAN.—The President may, 

14 on the basis of consultations with the appropriate congres15 sional committees, modify, or revise any part of the plan 

16 until that part of the plan becomes effective in accordance 

17 with subsection (d). 

18 (d) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The reorganization plan de20 scribed in this section, including any modifications 

21 or revisions of the plan under subsection (c), shall 

22 become effective for an agency on the earlier of— 

23 (A) the date specified in the plan (or the 

24 plan as modified pursuant to subsection (c)), 

25 except that such date may not be earlier than 

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1 90 days after the date the President has trans2 mitted the reorganization plan to the appro3 priate congressional committees pursuant to 

4 subsection (a); or 

5 (B) the end of the transition period. 

6 (2) STATUTORY CONSTRUCTION.—Nothing in 

7 this subsection may be construed to require the 

8 transfer of functions, personnel, records, balances of 

9 appropriations, or other assets of an agency on a 

10 single date. 

11 (3) SUPERCEDES EXISTING LAW.—Paragraph 

12 (1) shall apply notwithstanding section 905(b) of 

13 title 5, United States Code. 

14 SEC. 503. TRANSITIONAL AUTHORITIES. 

15 (a) PROVISION OF ASSISTANCE BY OFFICIALS.— 

16 Until the transfer of an agency to the Administration, any 

17 official having authority over or function relating to the 

18 agency immediately before the effective date of this Act 

19 shall provide the Administrator such assistance, including 

20 the use of personnel and assets, as the Administrator may 

21 request in preparing for the transfer and integration of 

22 the agency to the Administration. 

23 (b) SERVICES AND PERSONNEL.—During the transi24 tion period, upon the request of the Administrator, the 

25 head of any executive agency may, on a reimbursable 

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1 basis, provide services or detail personnel to assist with 

2 the transition. 

3 (c) ACTING OFFICIALS.— 

4 (1) IN GENERAL.—During the transition pe5 riod, pending the advice and consent of the Senate 

6 to the appointment of an officer required by this Act 

7 to be appointed by and with such advice and con8 sent, the President may designate any officer whose 

9 appointment was required to be made by and with 

10 such advice and consent and who was such an officer 

11 immediately before the effective date of this Act 

12 (and who continues to be in office) or immediately 

13 before such designation, to act in such office until 

14 the same is filled as provided in this Act. 

15 (2) COMPENSATION.—While acting pursuant to 

16 paragraph (1), such officers shall receive compensa17 tion at the higher of— 

18 (A) the rates provided by this Act for the 

19 respective offices in which they act; or 

20 (B) the rates provided for the offices held 

21 at the time of designation. 

22 (3) LIMITATION.—Nothing in this Act shall be 

23 construed to require the advice and consent of the 

24 Senate to the appointment by the President to a po25 sition in the Administration of any officer whose 

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1 agency is transferred to the Administration pursuant 

2 to this Act and whose duties following such transfer 

3 are germane to those performed before such trans4 fer. 

5 (d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA6 TIONS, AND FUNCTION.— 

7 (1) IN GENERAL.—Consistent with section 1531 

8 of title 31, United States Code, the personnel, as9 sets, liabilities, contracts, property, records, and un10 expended balances of appropriations, authorizations, 

11 allocations, and other funds that relate to the func12 tions transferred under subsection (a) from a Fed13 eral agency shall be transferred to the Administra14 tion. 

15 (2) UNEXPENDED FUNDS.—Unexpended funds 

16 transferred under this subsection shall be used by 

17 the Administration only for the purposes for which 

18 the funds were originally authorized and appro19 priated. 

20 SEC. 504. SAVINGS PROVISIONS. 

21 (a) COMPLETED ADMINISTRATIVE ACTIONS.—The 

22 enactment of this Act or the transfer of functions under 

23 this Act shall not affect any order, determination, rule, 

24 regulation, permit, personnel action, agreement, grant, 

25 contract, certificate, license, registration, privilege, or 

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1 other administrative action issued, made, granted, or oth2 erwise in effect or final with respect to that agency on 

3 the day before the transfer date with respect to the trans4 ferred functions. 

5 (b) PENDING PROCEEDINGS.—Subject to the author6 ity of the Administrator under this Act— 

7 (1) pending proceedings in an agency, including 

8 notices of proposed rulemaking, and applications for 

9 licenses, permits, certificates, grants, and financial 

10 assistance, shall continue notwithstanding the enact11 ment of this Act or the transfer of the agency to the 

12 Administration, unless discontinued or modified 

13 under the same terms and conditions and to the 

14 same extent that such discontinuance could have oc15 curred if such enactment or transfer had not oc16 curred; and 

17 (2) orders issued in such proceedings, and ap18 peals therefrom, and payments made pursuant to 

19 such orders, shall issue in the same manner on the 

20 same terms as if this Act had not been enacted or 

21 the agency had not been transferred, and any such 

22 order shall continue in effect until amended, modi23 fied, superceded, terminated, set aside, or revoked by 

24 an officer of the United States or a court of com25 petent jurisdiction, or by operation of law. 

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1 (c) PENDING CIVIL ACTIONS.—Subject to the author2 ity of the Administrator under this Act, any civil action 

3 commenced with regard to that agency pending before 

4 that agency on the day before the transfer date with re5 spect to the transferred functions shall continue notwith6 standing the enactment of this Act or the transfer of an 

7 agency to the Administration. 

8 (d) REFERENCES.— 

9 (1) IN GENERAL.—After the transfer of func10 tions from a Federal agency under this Act, any ref11 erence in any other Federal law, Executive order, 

12 rule, regulation, directive, document, or other mate13 rial to that Federal agency or the head of that agen14 cy in connection with the administration or enforce15 ment of the food safety laws shall be deemed to be 

16 a reference to the Administration or the Adminis17 trator, respectively. 

18 (2) STATUTORY REPORTING REQUIREMENTS.— 

19 Statutory reporting requirements that applied in re20 lation to such an agency immediately before the ef21 fective date of this Act shall continue to apply fol22 lowing such transfer if they refer to the agency by 

23 name. 

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1 SEC. 505. CONFORMING AMENDMENTS. 

2 (a) EXECUTIVE SCHEDULE.—Section 5313 of title 5, 

3 United States Code, is amended by inserting at the end 

4 the following new item: 

5 ‘‘Administrator of Food Safety.’’. 

6 (b) REPEAL OF CERTAIN PROVISIONS.—Section 18 

7 of the Poultry Products Inspection Act (21 U.S.C. 467), 

8 section 401 of the Federal Meat Inspection Act (21 U.S.C. 

9 671), and section 18 of the Egg Products Inspection Act 

10 (21 U.S.C. 1047) are repealed. 

11 SEC. 506. ADDITIONAL TECHNICAL AND CONFORMING 

12 AMENDMENTS. 

13 Not later than 60 days after the submission of the 

14 reorganization plan under section 502, the President shall 

15 prepare and submit proposed legislation to Congress con16 taining necessary and appropriate technical and con17 forming amendments to the Acts listed in section 3(15) 

18 of this Act to reflect the changes made by this Act. 

19 SEC. 507. REGULATIONS. 

20 The Administrator may promulgate such regulations 

21 as the Administrator determines are necessary or appro22 priate to perform the duties of the Administrator. 

23 SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated such sums 

25 as are necessary to carry out this Act. 

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1 SEC. 509. LIMITATION ON AUTHORIZATION OF APPROPRIA2 TIONS. 

3 For the fiscal year that includes the effective date 

4 of this Act, the amount authorized to be appropriated to 

5 carry out this Act shall not exceed— 

6 (1) the amount appropriated for that fiscal year 

7 for the Federal agencies identified in section 102(b) 

8 for the purpose of administering or enforcing the 

9 food safety law; or 

10 (2) the amount appropriated for those agencies 

11 for that purpose for the preceding fiscal year, if, as 

12 of the effective date of this Act, appropriations for 

13 those agencies for the fiscal year that includes the 

14 effective date have not yet been made. 

15 SEC. 510. EFFECTIVE DATE. 

16 This Act takes effect on the date of enactment of this 

17 Act. 

Æ 

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