I 

108TH CONGRESS 

2D SESSION H. R. 4665

To protect America’s food supply and facilitate lawful importation of safe 

and unadulterated food products. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2004

Mr. CONYERS (for himself and Ms. HARRIS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL

To protect America’s food supply and facilitate lawful 

importation of safe and unadulterated food products.

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

3 SECTION 1. SHORT TITLE; FINDINGS. 

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

5 ‘‘Importation of Safe Food Act of 2004’’. 

6 (b) FINDINGS.—The Congress finds as follows: 

7 (1) The Public Health Security and Bioter8 rorism Preparedness and Response Act of 2002 

9 (Public Law 107–188) provided the Secretary of 

10 Health and Human Services with the authority and 
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1 mandate to protect United States borders against 

2 threats posed by the potential of unsafe food articles 

3 entering America’s food supply. 

4 (2) Many legitimate importers of unadulterated 

5 and safe food articles posing no risk to the health 

6 or safety of animals or humans will be unable to 

7 comply with the regulations enacted or proposed to 

8 be fully enforced by the Secretary as a result of cer9 tain of the requirements placed upon the Secretary 

10 as set forth in such Act. 

11 (3) It is incumbent upon the Congress to fully 

12 enable the Secretary to protect Americans from all 

13 threats posed or that may potentially be posed by 

14 food articles entering ports of entry into the United 

15 States. 

16 (4) It is equally incumbent upon the Congress 

17 to ensure that the protections enacted by the Sec18 retary do not unduly and unnecessarily hinder legiti19 mate commercial activity that poses no such threat 

20 to the health or safety of American consumers or po21 tential consumers. 

22 SEC. 2. REGISTRATION OF FOOD FACILITIES. 

23 (a) IN GENERAL.—Section 415(a) of the Federal 

24 Food, Drug, and Cosmetic Act (21 U.S.C. 350d(a)), as 
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1 added by section 305(a) of Public Law 107–188, is 

2 amended—

3 (1) in paragraph (1), by inserting ‘‘or for ex4 port from the United States’’ after ‘‘consumption in 

5 the United States’’; and 

6 (2) in paragraph (4), by adding at the end the 

7 following: ‘‘Nothing in this paragraph may be con8 strued as preventing the Secretary from verifying 

9 compliance with this section.’’. 

10 (b) IMPORTATION; FAILURE TO REGISTER.—Section 

11 801(l) of the Federal Food, Drug, and Cosmetic Act (21 

12 U.S.C. 381(l)), as added by section 305(c) of Public Law 

13 107–188, is amended by striking ‘‘(l)(1) If’’ and all that 

14 follows through ‘‘has not’’ in the first sentence and insert15 ing the following: ‘‘(l) If an article of food is being im16 ported or offered for import into the United States, and 

17 the Secretary is unable to verify that the article is from 

18 a foreign facility for which a registration has’’. 

19 SEC. 3. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS. 

20 Section 801(m) of the Federal Food, Drug, and Cos21 metic Act (21 U.S.C. 381(m)), as added by section 307(a) 

22 of Public Law 107–188, is amended—

23 (1) in paragraph (1), in the first sentence—

24 (A) by striking ‘‘identity of each of the fol25 lowing:’’ and inserting ‘‘identity of each of the 
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1 following by whatever means available to the 

2 importer:’’; and 

3 (B) by inserting ‘‘the name and address 

4 of’’ before ‘‘the manufacturer and shipper’’; and 

5 (2) in paragraph (3), by adding at the end the 

6 following subparagraph: 

7 ‘‘(C) This subsection may not be construed 

8 as authorizing the Secretary, without additional 

9 reason or cause, to deny importation of any 

10 food article solely on the basis of an incomplete 

11 or otherwise inaccurate notice under paragraph 

12 (1), provided such notice contains verifiable in13 formation for the Secretary to determine wheth14 er there is any credible evidence or information 

15 indicating that such article presents a threat of 

16 serious adverse health consequences or death to 

17 humans or animals.’’.

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