II 

109TH CONGRESS 

1ST SESSION S. 729 

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 SENATE OF THE UNITED STATES 

APRIL 6, 2005 

Mr. DURBIN introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Safe Food Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. 

Sec. 504. Savings provisions. 

Sec. 505. Conforming amendments. 

Sec. 506. Additional technical and conforming amendments. 

Sec. 507. Regulations. 

Sec. 508. Authorization of appropriations. 
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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; 

23 (B) an aging and immune compromised 

24 population, with a growing number of people at 
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1 high-risk for food-borne illnesses, including in2 fants and children; 

3 (C) an increasing volume of imported food, 

4 without adequate monitoring and inspection; 

5 and 

6 (D) maintenance of rigorous inspection of 

7 the domestic food processing and food service 

8 industries; 

9 (5) Federal food safety standard setting, in10 spection, enforcement, and research efforts should be 

11 based on the best available science and public health 

12 considerations and food safety resources should be 

13 systematically deployed in ways that most effectively 

14 prevent food-borne illness; 

15 (6) the Federal food safety system is frag16 mented, with at least 12 Federal agencies sharing 

17 responsibility for food safety, and operates under 

18 laws that do not reflect current conditions in the 

19 food system or current scientific knowledge about 

20 the cause and prevention of food-borne illness; 

21 (7) the fragmented Federal food safety system 

22 and outdated laws preclude an integrated, system23 wide approach to preventing food-borne illness, to 

24 the effective and efficient operation of the Nation’s 
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1 food safety program, and to the most beneficial de2 ployment of food safety resources; 

3 (8) the National Academy of Sciences rec4 ommended in the report ‘‘Ensuring Safe Food from 

5 Production to Consumption’’ that Congress establish 

6 by statute a unified and central framework for man7 aging Federal food safety programs, and rec8 ommended modifying Federal statutes so that in9 spection, enforcement, and research efforts are 

10 based on scientifically supportable assessments of 

11 risks to public health; and 

12 (9) the lack of a single focal point for food safe13 ty leadership in the United States undercuts the 

14 ability of the United States to exert food safety lead15 ership internationally, which is detrimental to the 

16 public health and the international trade interests of 

17 the United States. 

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

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

20 the ‘‘Food Safety Administration’’ to— 

21 (A) regulate food safety and labeling to 

22 strengthen the protection of the public health; 

23 (B) ensure that food establishments fulfill 

24 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 of the Humane Methods 

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

24 administered by the Food Safety and Inspection 

25 Service; 
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1 (H) the provisions of this Act; and 

2 (I) such other provisions of law related to 

3 and requiring food safety, labeling, inspection, 

4 and enforcement as the President designates by 

5 Executive order as appropriate to include within 

6 the jurisdiction of the Administration. 

7 (16) FOREIGN FOOD ESTABLISHMENT.—The 

8 term ‘‘foreign food establishment’’ means a slaugh9 terhouse, factory, warehouse, or facility located out10 side the United States that processes food for con11 sumption that is imported into the United States or 

12 food ingredients. 

13 (17) INTERSTATE COMMERCE.—The term 

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

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

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

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

18 has the meaning given that term in section 403 of 

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

20 U.S.C. 343). 

21 (19) PROCESS.—The term ‘‘process’’ or ‘‘proc22 essing’’ means the commercial harvesting, slaughter, 

23 packing, preparation, or manufacture of food. 

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

25 and animal health. 
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1 (21) STATE.—The term ‘‘State’’ means— 

2 (A) a State; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 and 

6 (D) any other territory or possession of the 

7 United States. 

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

9 means the obtaining of evidence that the food hy10 giene control measure or measures selected to con11 trol a hazard in food is capable of effectively and 

12 consistently controlling the hazard. 

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

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

15 and conducted under standards set by the National 

16 Institute of Standards and Technology. 

17 TITLE I—ESTABLISHMENT OF 

18 FOOD SAFETY ADMINISTRATION 

19 SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRA20 TION. 

21 (a) ESTABLISHMENT.— 

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

23 executive branch an agency to be known as the 

24 ‘‘Food Safety Administration’’. 
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1 (2) STATUS.—The Administration shall be an 

2 independent establishment (as defined in section 104 

3 of title 5, United States Code). 

4 (3) HEAD OF ADMINISTRATION.—The Adminis5 tration shall be headed by the Administrator of Food 

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

7 and with the advice and consent of the Senate. 

8 (b) DUTIES OF ADMINISTRATOR.—The Adminis9 trator shall— 

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

11 (2) serve as a representative to international 

12 food safety bodies and discussions; 

13 (3) promulgate regulations to ensure the secu14 rity of the food supply from all forms of contamina15 tion, including intentional contamination; and 

16 (4) oversee— 

17 (A) implementation of Federal food safety 

18 inspection, enforcement, and research efforts, to 

19 protect the public health; 

20 (B) development of consistent and science21 based standards for safe food; 

22 (C) coordination and prioritization of food 

23 safety research and education programs with 

24 other Federal agencies; 
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1 (D) prioritization of Federal food safety ef2 forts and deployment of Federal food safety re3 sources to achieve the greatest possible benefit 

4 in reducing food-borne illness; 

5 (E) coordination of the Federal response to 

6 food-borne illness outbreaks with other Federal 

7 and State agencies; and 

8 (F) integration of Federal food safety ac9 tivities with State and local agencies. 

10 SEC. 102. CONSOLIDATION OF SEPARATE FOOD SAFETY 

11 AND INSPECTION SERVICES AND AGENCIES. 

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

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

14 to the Administration all functions that the head of the 

15 Federal agency exercised on the day before the effective 

16 date of this Act (including all related functions of any offi17 cer or employee of the Federal agency) that relate to ad18 ministration or enforcement of the food safety law, as de19 termined by the President. 

20 (b) TRANSFERRED AGENCIES.—The Federal agen21 cies referred to in subsection (a) are— 

22 (1) the Food Safety and Inspection Service of 

23 the Department of Agriculture; 

24 (2) the Center for Food Safety and Applied Nu25 trition of the Food and Drug Administration; 
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1 (3) the part of the Agriculture Marketing Serv2 ice that administers shell egg surveillance services 

3 established under the Egg Products Inspection Act 

4 (21 U.S.C. 1031 et seq.); 

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

6 Regulatory Affairs of the Food and Drug Adminis7 tration that administer and conduct inspections of 

8 food establishments and imports; 

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

10 the Commissioner of the Food and Drug Adminis11 tration that support— 

12 (A) the Center for Food Safety and Ap13 plied Nutrition; 

14 (B) the Center for Veterinary Medicine; 

15 and 

16 (C) the Office of Regulatory Affairs facili17 ties and resources described in paragraph (4); 

18 (6) the Center for Veterinary Medicine of the 

19 Food and Drug Administration; 

20 (7) the resources and facilities of the Environ21 mental Protection Agency that control and regulate 

22 pesticide residues in food; 

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

24 Economics mission area of the Department of Agri-
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1 culture related to food safety and animal feed re2 search; 

3 (9) the part of the National Marine Fisheries 

4 Service of the National Oceanic and Atmospheric 

5 Administration of the Department of Commerce that 

6 administers the seafood inspection program; 

7 (10) the Animal and Plant Inspection Health 

8 Service of the Department of Agriculture; and 

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

10 the President designates by Executive order to carry 

11 out this Act. 

12 SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. 

13 (a) OFFICERS AND EMPLOYEES.—The Administrator 

14 may— 

15 (1) appoint officers and employees for the Ad16 ministration in accordance with the provisions of 

17 title 5, United States Code, relating to appointment 

18 in the competitive service; and 

19 (2) fix the compensation of those officers and 

20 employees in accordance with chapter 51 and with 

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

22 classification and General Schedule pay rates. 

23 (b) EXPERTS AND CONSULTANTS.—The Adminis24 trator may— 
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1 (1) procure the services of temporary or inter2 mittent experts and consultants as authorized by 

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

4 (2) pay in connection with those services the 

5 travel expenses of the experts and consultants, in6 cluding transportation and per diem in lieu of sub7 sistence while away from the homes or regular 

8 places of business of the individuals, as authorized 

9 by section 5703 of that title. 

10 (c) BUREAUS, OFFICES, AND DIVISIONS.—The Ad11 ministrator may establish within the Administration such 

12 bureaus, offices, and divisions as the Administrator deter13 mines are necessary to perform the duties of the Adminis14 trator. 

15 (d) ADVISORY COMMITTEES.— 

16 (1) IN GENERAL.—The Administrator shall es17 tablish advisory committees that consist of rep18 resentatives of scientific expert bodies, academics, 

19 industry specialists, and consumers. 

20 (2) DUTIES.—The duties of an advisory com21 mittee established under paragraph (1) may include 

22 developing recommendations with respect to the de23 velopment of new processes, research, communica24 tions, performance standards, and inspection. 
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1 TITLE II—ADMINISTRATION OF 

2 FOOD SAFETY PROGRAM 

3 SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM. 

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

5 (1) administer a national food safety program 

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

7 protect public health; and 

8 (2) ensure that persons who produce or process 

9 food meet their responsibility to prevent or minimize 

10 food safety hazards related to their products. 

11 (b) COMPREHENSIVE ANALYSIS.—The program shall 

12 be based on a comprehensive analysis of the hazards asso13 ciated with different food and with the processing of dif14 ferent food, including the identification and evaluation 

15 of— 

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

17 (2) the sources and specific points of potential 

18 contamination extending from the farm or ranch to 

19 the consumer that may render food unsafe; 

20 (3) the potential for persistence, multiplication, 

21 or concentration of naturally occurring or added 

22 contaminants in food; 

23 (4) opportunities across the food production, 

24 processing, distribution, and retail system to reduce 

25 potential health risks; and 
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1 (5) opportunities for intentional contamination. 

2 (c) PROGRAM ELEMENTS.—In carrying out the pro3 gram, the Administrator shall— 

4 (1) adopt and implement a national system for 

5 the registration of food establishments and foreign 

6 food establishments and regular unannounced in7 spection of food establishments; 

8 (2) enforce the adoption of process controls in 

9 food establishments, based on best available sci10 entific and public health considerations and best 

11 available technologies; 

12 (3) establish and enforce science-based stand13 ards for— 

14 (A) substances that may contaminate food; 

15 and 

16 (B) safety and sanitation in the processing 

17 and handling of food; 

18 (4) implement a statistically valid sampling pro19 gram to ensure that industry programs and proce20 dures that prevent food contamination are effective 

21 on an ongoing basis and that food meets the stand22 ards established under this Act; 

23 (5) implement procedures and requirements to 

24 ensure the safety and security of imported food; 
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1 (6) coordinate with other agencies and State or 

2 local governments in carrying out inspection, en3 forcement, research, and monitoring; 

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

5 Centers for Disease Control and Prevention, and 

6 other Federal Government agencies, in order to im7 plement a national surveillance system to assess the 

8 health risks associated with the human consumption 

9 of food or to create surveillance data and studies; 

10 (8) develop public education risk communica11 tion and advisory programs; 

12 (9) implement a basic and applied research pro13 gram to further the purposes of this Act; and 

14 (10) coordinate and prioritize food safety re15 search and educational programs with other agen16 cies, including State or local agencies. 

17 SEC. 202. REGISTRATION OF FOOD ESTABLISHMENTS AND 

18 FOREIGN FOOD ESTABLISHMENTS. 

19 (a) IN GENERAL.—The Administrator shall by regu20 lation require that any food establishment or foreign food 

21 establishment engaged in processing food in the United 

22 States be registered with the Administrator. 

23 (b) REGISTRATION REQUIREMENTS.— 

24 (1) IN GENERAL.—To be registered under sub25 section (a)— 
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1 (A) in the case of a food establishment, the 

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

3 establishment shall submit a registration to the 

4 Administrator; and 

5 (B) in the case of a foreign food establish6 ment, the owner, operator, or agent in charge 

7 of the foreign food establishment shall— 

8 (i) submit a registration to the Ad9 ministrator; and 

10 (ii) provide the name, address, and 

11 emergency contact information of the 

12 United States agent for the foreign food 

13 establishment. 

14 (2) REGISTRATION.—A food establishment or 

15 foreign food establishment shall submit a registra16 tion under paragraph (1) to the Administrator 

17 that— 

18 (A) identifies the name, address, and emer19 gency contact information of each food estab20 lishment or foreign food establishment that the 

21 registrant operates under this Act and all trade 

22 names under which the registrant conducts 

23 business relating to food; 

24 (B) lists the primary purpose and business 

25 activity of each food establishment or foreign 
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1 food establishment, including the dates of oper2 ation if the food establishment or foreign food 

3 establishment is seasonal; 

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

5 at each food establishment or, for foreign food 

6 establishments selling food for consumption in 

7 the United States, identifies the specific food 

8 categories of that food as listed under section 

9 170.3 of title 21, Code of Federal Regulations; 

10 and 

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

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

13 food establishment or foreign food establish14 ment (including cessation of business activities), 

15 notifies the Administrator of the change. 

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

17 registration described in paragraph (1), the Admin18 istrator shall notify the registrant of the receipt of 

19 the registration, designate each establishment as a 

20 category 1, 2, 3, 4, or 5 food establishment, and as21 sign a registration number to each food establish22 ment and foreign food establishment. 

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

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

25 and foreign food establishments that are registered 
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1 under this section. The Administrator may establish 

2 regulations by which such list may be shared with 

3 other governmental authorities. 

4 (5) DISCLOSURE EXEMPTION.—The disclosure 

5 requirements under section 552 of title 5, United 

6 States Code, shall not apply to— 

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

8 and 

9 (B) information derived from the list under 

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

11 the identity or location of a specific registered 

12 person. 

13 (6) SUSPENSION OF REGISTRATION.— 

14 (A) IN GENERAL.—The Administrator may 

15 suspend the registration of a food establishment 

16 or foreign food establishment, including the fa17 cility of an importer, for violation of a food 

18 safety law. 

19 (B) NOTICE AND OPPORTUNITY FOR

20 HEARING.—The Administrator shall provide no21 tice to a registrant immediately upon the sus22 pension of the registration of the facility and 

23 provide registrant with an opportunity for a 

24 hearing within 3 days of the suspension. 
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1 (7) REINSTATEMENT.—A registration that is 

2 suspended under this section may be reinstated pur3 suant to criteria published in the Federal Register 

4 by the Administrator. 

5 SEC. 203. PREVENTATIVE PROCESS CONTROLS TO REDUCE 

6 ADULTERATION OF FOOD. 

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

8 basis of best available public health, scientific, and techno9 logical data, promulgate regulations to ensure that food 

10 establishments carry out their responsibilities to— 

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

12 it is free of dirt and filth; 

13 (2) limit the presence of potentially harmful 

14 contaminants in food; 

15 (3) implement appropriate measures of prevent16 ative process control to minimize and reduce the 

17 presence and growth of contaminants in food and 

18 meet the performance standards established under 

19 section 204; 

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

21 food in a sanitary manner, using reasonably avail22 able techniques and technologies to eliminate any po23 tentially harmful contaminants; and 

24 (5) label food intended for final processing out25 side commercial food establishments with instruc-
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1 tions for handling and preparation for consumption 

2 that will destroy contaminants. 

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

4 effective date of this Act, the Administrator shall promul5 gate regulations that— 

6 (1) require all food establishments to adopt pre7 ventative process controls that are— 

8 (A) adequate to protect the public health; 

9 (B) meet relevant regulatory and food 

10 safety standards; and 

11 (C) limit the presence and growth of con12 taminants in food prepared in a food establish13 ment; 

14 (2) set standards for sanitation; 

15 (3) meet any performance standards for con16 taminants established under section 204; 

17 (4) require recordkeeping to monitor compli18 ance; 

19 (5) require sampling and testing at a frequency 

20 and in a manner sufficient to ensure that process 

21 controls are effective on an ongoing basis and that 

22 regulatory standards are being met; and 

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

24 food establishments and submission of copies of the 
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1 records to the Administrator, as the Administrator 

2 determines appropriate. 

3 (c) PROCESSING CONTROLS.—The Administrator 

4 may require any person with responsibility for or control 

5 over food or food ingredients to adopt process controls, 

6 if the process controls are needed to ensure the protection 

7 of the public health. 

8 SEC. 204. PERFORMANCE STANDARDS FOR CONTAMINANTS 

9 IN FOOD. 

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

11 Administrator shall establish by regulation and enforce 

12 performance standards that define, with respect to specific 

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

14 performance that a person responsible for producing, proc15 essing, or selling food shall meet. 

16 (b) IDENTIFICATION OF CONTAMINANTS; PERFORM17 ANCE STANDARDS.— 

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

19 after the date of enactment of this Act, the Adminis20 trator shall identify the food-borne contaminants 

21 and food that contribute significantly to the risk of 

22 food-borne illness. 

23 (2) PERFORMANCE STANDARDS.—As soon as 

24 practicable after the identification of the contami25 nants under paragraph (1), the Administrator shall 
28 

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1 establish appropriate performance standards to pro2 tect against all food-borne contaminants. 

3 (3) SIGNIFICANT CONTAMINANTS.—The Admin4 istrator shall establish performance standards for 

5 the 5 contaminants that contribute to the greatest 

6 number of illnesses or deaths associated with raw 

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

8 after the date of enactment of this Act. The Admin9 istrator shall revise such standards not less often 

10 than every 3 years. 

11 (c) PERFORMANCE STANDARDS.— 

12 (1) IN GENERAL.—The performance standards 

13 established under this section shall include— 

14 (A) health-based standards that set the 

15 level of a contaminant that can safely and law16 fully be present in food; 

17 (B) zero tolerances, including zero toler18 ances for fecal matter, in addition to any zero19 tolerance standards in effect on the day before 

20 the date of enactment of this Act, when nec21 essary to protect against significant adverse 

22 health outcomes; 

23 (C) process standards, such as log reduc24 tion criteria for cooked products, when suffi25 cient to ensure the safety of processed food; and 
29 

•S 729 IS

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

2 performance standard described in subpara3 graph (A), (B), or (C), standards that define 

4 required performance in terms of ‘‘best reason5 ably achievable performance’’, using best avail6 able technologies, interventions, and practices. 

7 (2) BEST REASONABLY ACHIEVABLE PERFORM8 ANCE STANDARDS.—In developing best reasonably 

9 achievable performance standards, the Administrator 

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

11 current best practices and food safety outcomes re12 lated to the contaminants and foods in question, as 

13 the Administrator determines necessary. 

14 (3) REVOCATION BY ADMINISTRATOR.—All per15 formance standards, tolerances, action levels, or 

16 other similar standards in effect on the date of en17 actment of this Act shall remain in effect until re18 vised or revoked by the Administrator. 

19 (d) ENFORCEMENT.— 

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

21 the promulgation of a performance standard under 

22 this section, the Administrator shall implement a 

23 statistically significant sampling program to deter24 mine whether food establishments are complying 

25 with the performance standards promulgated under 
30 

•S 729 IS

1 this section. The program established under this 

2 paragraph shall be at least as stringent as the Haz3 ard Analysis and Critical Control Point System re4 quirements established under part 417 of title 9, 

5 Code of Federal Regulations (or successor regula6 tion). 

7 (2) INSPECTIONS.—If the Administrator deter8 mines that a food establishment fails to meet a 

9 standard promulgated under this section, and such 

10 establishment fails to take appropriate corrective ac11 tion as determined by the Administrator, the Admin12 istrator shall, as appropriate— 

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

14 the food establishment under section 402; 

15 (B) order a recall of food from the food es16 tablishment under section 403; 

17 (C) increase the inspection frequency for 

18 the food establishment; 

19 (D) withdraw the mark of inspection from 

20 the food establishment, if in use; or 

21 (E) take other appropriate enforcement ac22 tion concerning the food establishment, includ23 ing withdrawal of registration. 

24 (e) NEWLY IDENTIFIED CONTAMINANTS.—Notwith25 standing any other provision of this section, the Adminis-
31 

•S 729 IS

1 trator shall promulgate interim performance standards for 

2 newly identified contaminants as necessary to protect the 

3 public health. 

4 SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS. 

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

6 an inspection program, which shall include sampling and 

7 testing of food and food establishments, to determine if 

8 each food establishment— 

9 (1) is operating in a sanitary manner; 

10 (2) has continuous systems, interventions, and 

11 processes in place to minimize or eliminate contami12 nants in food; 

13 (3) is in compliance with applicable perform14 ance standards established under section 203, and 

15 other regulatory requirements; 

16 (4) is processing food that is safe and not adul17 terated or misbranded; 

18 (5) maintains records of process control plans 

19 under section 203, and other records related to the 

20 processing, sampling, and handling of food; and 

21 (6) is in compliance with the requirements of 

22 the food safety law. 

23 (b) ESTABLISHMENT CATEGORIES AND INSPECTION

24 FREQUENCIES.—The resource plan required under section 

25 209, including the description of resources required to 
32 

•S 729 IS

1 carry out inspections of food establishments, shall be 

2 based on the following categories and inspection fre3 quencies, subject to subsections (c), (d), and (e): 

4 (1) CATEGORY 1 FOOD ESTABLISHMENTS.—A 

5 category 1 food establishment shall be subject to 

6 antemortem, postmortem, and continuous inspection 

7 of each slaughter line during all operating hours, 

8 and other inspection on a daily basis, sufficient to 

9 verify that— 

10 (A) diseased animals are not offered for 

11 slaughter; 

12 (B) the food establishment has successfully 

13 identified and removed from the slaughter line 

14 visibly defective or contaminated carcasses, has 

15 avoided cross-contamination, and destroyed or 

16 reprocessed them in a manner acceptable to the 

17 Administrator; and 

18 (C) that applicable performance standards 

19 and other provisions of the food safety law, in20 cluding those intended to eliminate or reduce 

21 pathogens, have been satisfied. 

22 (2) CATEGORY 2 FOOD ESTABLISHMENTS.—A 

23 category 2 food establishment shall be randomly in24 spected at least daily. 
33 

•S 729 IS

1 (3) CATEGORY 3 FOOD ESTABLISHMENTS.—A 

2 category 3 food establishment shall— 

3 (A) have ongoing verification that its proc4 esses are controlled; and 

5 (B) be randomly inspected at least month6 ly. 

7 (4) CATEGORY 4 FOOD ESTABLISHMENTS.—A 

8 category 4 food establishment shall be randomly in9 spected at least quarterly. 

10 (5) CATEGORY 5 FOOD ESTABLISHMENTS.—A 

11 category 5 food establishment shall be randomly in12 spected at least annually. 

13 (c) ESTABLISHMENT OF INSPECTION PROCE14 DURES.—The Administrator shall establish procedures 

15 under which inspectors or safety officers shall take ran16 dom samples, photographs, and copies of records in food 

17 establishments. 

18 (d) ALTERNATIVE INSPECTION FREQUENCIES.— 

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

20 the Administrator may establish alternative increasing or 

21 decreasing inspection frequencies for subcategories of food 

22 establishments or individual establishments, to foster risk23 based allocation of resources, subject to the following cri24 teria and procedures: 
34 

•S 729 IS

1 (1) Subcategories of food establishments and 

2 their alternative inspection frequencies shall be de3 fined by regulation, subject to paragraphs (2) and 

4 (3). 

5 (2) Regulations of alternative inspection fre6 quencies for subcategories of food establishments 

7 under paragraph (1) and for a specific food estab8 lishment under paragraph (4) shall provide that— 

9 (A) category 2 food establishments shall be 

10 inspected at least monthly; and 

11 (B) category 3, 4, and 5 food establish12 ments shall be inspected at least annually. 

13 (3) In defining subcategories of food establish14 ments and their alternative inspection frequencies 

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

16 shall consider— 

17 (A) the nature of the food products being 

18 processed, stored, or transported; 

19 (B) the manner in which food products are 

20 processed, stored, or transported; 

21 (C) the inherent likelihood that the prod22 ucts will contribute to the risk of food-borne ill23 ness; 

24 (D) the best available evidence concerning 

25 reported illnesses associated with the foods pro-
35 

•S 729 IS

1 duced in the proposed subcategory of establish2 ments; and 

3 (E) the overall record of compliance with 

4 the food safety law among establishments in the 

5 proposed subcategory, including compliance 

6 with applicable performance standards and the 

7 frequency of recalls. 

8 (4) The Administrator may adopt alternative 

9 inspection frequencies for increased or decreased in10 spection for a specific establishment, subject to 

11 paragraphs (2) and (5) and shall periodically publish 

12 a list of establishments subject to alternative inspec13 tions. 

14 (5) In adopting alternative inspection fre15 quencies for a specific establishment, the Adminis16 trator shall consider— 

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

18 (B) whether products from the specific es19 tablishment have been associated with a case or 

20 an outbreak of food-borne illness; and 

21 (C) the record of the establishment of com22 pliance with the food safety law, including com23 pliance with applicable performance standards 

24 and the frequency of recalls. 
36 

•S 729 IS

1 (6) Before establishing decreased alternative in2 spection frequencies for subcategories of establish3 ments or individual establishments, the Adminis4 trator shall— 

5 (A) determine, based on the best available 

6 evidence, that the alternative uses of the re7 sources required to carry out the inspection ac8 tivity would make a greater contribution to pro9 tecting the public health and reducing the risk 

10 of food-borne illness than the use of resources 

11 described in subsection (b); 

12 (B) describe the alternative uses of re13 sources in general terms when issuing the regu14 lation or order that establishes the alternative 

15 inspection frequency; 

16 (C) consider the supporting evidence that 

17 an individual food establishment shall submit 

18 related to whether an alternative inspection fre19 quency should be established for such establish20 ment by the Administrator; and 

21 (D) include a description of the alternative 

22 uses in the annual resource plan required in 

23 section 209. 
37 

•S 729 IS

1 (e) INSPECTION TRANSITION.—The Administrator 

2 shall manage the transition to the inspection system de3 scribed in this Act as follows: 

4 (1) In the case of a category 1 or 2 food estab5 lishment, the Administrator shall continue to imple6 ment the applicable inspection mandates of the Fed7 eral Meat Inspection Act (21 U.S.C. 601 et seq.), 

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

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

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

11 (A) regulations required to implement this 

12 section have been promulgated; 

13 (B) the performance standards required by 

14 section 204(c) have been promulgated and im15 plemented for 1 year; and 

16 (C) the establishment has achieved compli17 ance with the other applicable provisions of the 

18 food safety law. 

19 (2) In the case of a category 1 or 2 food estab20 lishment that, within 2 years after the promulgation 

21 of the performance standards required by section 

22 204(c), has not achieved compliance with the food 

23 safety law, the Administrator shall— 

24 (A) issue an order prohibiting the estab25 lishment from operating pending a demonstra-
38 

•S 729 IS

1 tion by the establishment that sufficient 

2 changes in facilities, procedures, personnel, or 

3 other aspects of the process control system have 

4 been made such that the Administrator deter5 mines that compliance with the food safety law 

6 is achieved; and 

7 (B) following the demonstration required 

8 in subparagraph (A), issue an order authorizing 

9 the food establishment to operate subject, at a 

10 minimum, to— 

11 (i) the inspection requirement applica12 ble to the establishment under subsection 

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

14 (ii) such other inspection or compli15 ance measures determined by the Adminis16 trator necessary to assure compliance with 

17 the applicable food safety law. 

18 (3) In the case of a category 3 food establish19 ment, the Administrator shall continue to implement 

20 the applicable inspection mandates of the Federal 

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

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

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

24 Act (21 U.S.C. 301 et seq.) until— 
39 

•S 729 IS

1 (A) the regulations required to implement 

2 this section have been promulgated; 

3 (B) the first resource plan under section 

4 209 has been submitted; and 

5 (C) for individual establishments, compli6 ance with the food safety law has been dem7 onstrated. 

8 (4) In the case of a category 3 food establish9 ment that, within 1 year after the promulgation of 

10 the regulations required to implement this section, 

11 have not demonstrated compliance with the food 

12 safety law, the Administrator shall— 

13 (A) issue an order prohibiting the estab14 lishment from operating, pending a demonstra15 tion by the establishment that sufficient 

16 changes in facilities, procedures, personnel, or 

17 other aspects of the process control system have 

18 been made such that the Administrator deter19 mines that compliance with the food safety law 

20 is achieved; and 

21 (B) following the demonstration required 

22 in subparagraph (A), issue an order authorizing 

23 the establishment to operate subject, at a min24 imum, to— 
40 

•S 729 IS

1 (i) the inspection requirement applica2 ble to the establishment under subsection 

3 (b)(3); and 

4 (ii) such other inspection or compli5 ance measures determined by the Adminis6 trator necessary to assure compliance with 

7 the food safety law. 

8 (5) In the case of a category 4 or 5 food estab9 lishment, the inspection requirements of this Act 

10 shall be implemented as soon as possible after— 

11 (A) the promulgation of the regulations re12 quired to implement this section; 

13 (B) the publication of the first resource 

14 plan under section 209; and 

15 (C) the commencement of the first fiscal 

16 year in which the Administration is operating 

17 with budgetary resources that Congress has ap18 propriated following consideration of the re19 source plan under section 209. 

20 (f) OFFICIAL MARK.— 

21 (1) IN GENERAL.— 

22 (A) ESTABLISHMENT.—Before the comple23 tion of the transition process under paragraphs 

24 (1) through (3) of subsection (e), the Adminis25 trator shall by regulation establish an official 
41 

•S 729 IS

1 mark that shall be affixed to a food product 

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

3 subject to subparagraph (B). 

4 (B) PREREQUISITE.—The official mark re5 quired under subparagraph (A) shall be affixed 

6 to a food product by the Administrator if the 

7 establishment has been inspected by the Admin8 istrator in accordance with the inspection fre9 quencies under this section and the establish10 ment is in compliance with the food safety law. 

11 (C) REMOVAL OF OFFICIAL MARK.—The 

12 Administrator shall promulgate regulations that 

13 provide for the removal of the official mark 

14 under this subsection if the Administrator 

15 makes a finding that the establishment is not in 

16 compliance with the food safety law. 

17 (2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH18 MENTS.—In the case of products produced in a cat19 egory 1, 2, or 3 food establishment— 

20 (A) products subject to Federal Meat In21 spection Act (21 U.S.C. 601 et seq.), the Poul22 try Products Inspection Act (21 U.S.C. 451 et 

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

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

25 Drug, and Cosmetic Act (21 U.S.C. 301 et 
42 

•S 729 IS

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

2 shall remain subject to the requirement under 

3 those Acts that they bear the mark of inspec4 tion pending completion of the transition proc5 ess under paragraphs (1) through (3) of sub6 section (e); 

7 (B) the Administrator shall publicly certify 

8 on a monthly basis that the inspection fre9 quencies required under this Act have been 

10 achieved; and 

11 (C) a product from an establishment that 

12 has not been inspected in accordance with the 

13 required frequencies under this section shall not 

14 bear the official mark and shall not be shipped 

15 in interstate commerce. 

16 (3) CATEGORY 4 AND 5 FOOD ESTABLISH17 MENTS.—In the case of a product produced in a cat18 egory 4 or 5 food establishment the Administrator 

19 shall provide by regulation for the voluntary use of 

20 the official mark established under paragraph (1), 

21 subject to— 

22 (A) such minimum inspection frequencies 

23 as determined appropriate by the Adminis24 trator; 
43 

•S 729 IS

1 (B) compliance with applicable perform2 ance standards and other provisions of the food 

3 safety law; and 

4 (C) such other requirements the Adminis5 trator considers appropriate. 

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

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

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

9 (h) MAINTENANCE AND INSPECTION OF RECORDS.— 

10 (1) IN GENERAL.— 

11 (A) RECORDS.—A food establishment 

12 shall— 

13 (i) maintain such records as the Ad14 ministrator shall require by regulation, in15 cluding all records relating to the proc16 essing, distributing, receipt, or importation 

17 of any food; and 

18 (ii) permit the Administrator, in addi19 tion to any authority of the food safety 

20 agencies in effect on the day before the 

21 date of enactment of this Act, upon pres22 entation of appropriate credentials and at 

23 reasonable times and in a reasonable man24 ner, to have access to and copy all records 

25 maintained by or on behalf of such food es-
44 

•S 729 IS

1 tablishment representative in any format 

2 (including paper or electronic) and at any 

3 location, that are necessary to assist the 

4 Administrator— 

5 (I) to determine whether the food 

6 is contaminated or not in compliance 

7 with the food safety law; or 

8 (II) to track the food in com9 merce. 

10 (B) REQUIRED DISCLOSURE.—A food es11 tablishment shall have an affirmative obligation 

12 to disclose to the Administrator the results of 

13 testing or sampling of food, equipment, or ma14 terial in contact with food, that is positive for 

15 any contaminant. 

16 (2) MAINTENANCE OF RECORDS.—The records 

17 in paragraph (1) shall be maintained for a reason18 able period of time, as determined by the Adminis19 trator. 

20 (3) REQUIREMENTS.—The records in para21 graph (1) shall include records describing— 

22 (A) the origin, receipt, delivery, sale, move23 ment, holding, and disposition of food or ingre24 dients; 
45 

•S 729 IS

1 (B) the identity and quantity of ingredi2 ents used in the food; 

3 (C) the processing of the food; 

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

5 other tests performed on the food or in the food 

6 establishment; 

7 (E) consumer complaints concerning the 

8 food or packaging of the food; 

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

10 and locations of food production; and 

11 (G) other matters reasonably related to 

12 whether food is unsafe, is adulterated or mis13 branded, or otherwise fails to meet the require14 ments of this Act. 

15 (i) PROTECTION OF SENSITIVE INFORMATION.— 

16 (1) IN GENERAL.—The Administrator shall de17 velop and maintain procedures to prevent the unau18 thorized disclosure of any trade secret or confiden19 tial information obtained by the Administrator. 

20 (2) LIMITATION.—The requirement under this 

21 subsection does not— 

22 (A) limit the authority of the Adminis23 trator to inspect or copy records or to require 

24 the establishment or maintenance of records 

25 under this Act; 
46 

•S 729 IS

1 (B) have any legal effect on section 1905 

2 of title 18, United States Code; 

3 (C) extend to any food recipe, financial 

4 data, pricing data, personnel data, or sales data 

5 (other than shipment dates relating to sales); 

6 (D) limit the public disclosure of distribu7 tion records or other records related to food 

8 subject to a voluntary or mandatory recall 

9 under section 403; or 

10 (E) limit the authority of the Adminis11 trator to promulgate regulations to permit the 

12 sharing of data with other governmental au13 thorities. 

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

15 OFFICERS AND ACCEPTANCE OF GIFTS.—Section 22 of 

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

17 apply under this Act. 

18 SEC. 206. FOOD PRODUCTION FACILITIES. 

19 In carrying out the duties of the Administrator and 

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

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

22 (1) visit and inspect food production facilities in 

23 the United States and in foreign countries to inves24 tigate bioterrorism threats and for other critical food 

25 safety purposes; 
47 

•S 729 IS

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

2 kept by the Administrator to carry out traceback 

3 and for other critical food safety purposes; 

4 (3) set good practice standards to protect the 

5 public and animal health and promote food safety; 

6 (4) conduct monitoring and surveillance of ani7 mals, plants, products, or the environment, as ap8 propriate; and 

9 (5) collect and maintain information relevant to 

10 public health and farm practices. 

11 SEC. 207. FEDERAL AND STATE COOPERATION. 

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

13 with the States to carry out activities and programs that 

14 create a national food safety program so that Federal and 

15 State programs function in a coordinated and cost-effec16 tive manner. 

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

18 with States to— 

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

20 safety programs, especially with respect to the regu21 lation of retail commercial food establishments, 

22 transportation, harvesting, and fresh markets; 

23 (2) continue, strengthen, or establish inspection 

24 programs and requirements to ensure that food 

25 under the jurisdiction of the State is safe; and 
48 

•S 729 IS

1 (3) support recall authorities at the State and 

2 local levels. 

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

4 and implementing a food safety program, the Adminis5 trator may provide and continue to a State— 

6 (1) advisory assistance; 

7 (2) technical and laboratory assistance and 

8 training (including necessary materials and equip9 ment); and 

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

11 (d) SERVICE AGREEMENTS.— 

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

13 under agreements entered into with Federal, State, 

14 or local agencies, use on a reimbursable basis or oth15 erwise, the personnel and services of those agencies 

16 in carrying out this Act. 

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

18 this subsection may provide for training of State em19 ployees. 

20 (3) MAINTENANCE OF AGREEMENTS.—The Ad21 ministrator shall maintain any agreement that is in 

22 effect on the day before the date of enactment of 

23 this Act until the Administrator evaluates such 

24 agreement and determines whether to maintain or 

25 substitute such agreement. 
49 

•S 729 IS

1 (e) AUDITS.— 

2 (1) IN GENERAL.—The Administrator shall an3 nually conduct a comprehensive review of each State 

4 program that provides services to the Administrator 

5 in carrying out the responsibilities under this Act, 

6 including mandated inspections under section 205. 

7 (2) REQUIREMENTS.—The review shall— 

8 (A) include a determination of the effec9 tiveness of the State program; and 

10 (B) identify any changes necessary to en11 sure enforcement of Federal requirements 

12 under this Act. 

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

14 shall be construed to preempt the enforcement of State 

15 food safety laws and standards that are at least as strin16 gent as those under this Act. 

17 SEC. 208. IMPORTS. 

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

19 effective date of this Act, the Administrator shall establish 

20 a system under which a foreign government or foreign 

21 food establishment seeking to import food to the United 

22 States shall submit a request for certification to the Ad23 ministrator. 

24 (b) CERTIFICATION STANDARD.—A foreign govern25 ment or foreign food establishment requesting a certifi-
50 

•S 729 IS

1 cation to import food to the United States shall dem2 onstrate, in a manner determined appropriate by the Ad3 ministrator, that food produced under the supervision of 

4 a foreign government or by the foreign food establishment 

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

6 and consumer protection that are at least equivalent to 

7 standards applicable to food produced in the United 

8 States. 

9 (c) CERTIFICATION APPROVAL.— 

10 (1) REQUEST BY FOREIGN GOVERNMENT.— 

11 Prior to granting the certification request of a for12 eign government, the Administrator shall review, 

13 audit, and certify the food safety program of a re14 questing foreign government (including all statutes, 

15 regulations, and inspection authority) as at least 

16 equivalent to the food safety program in the United 

17 States, as demonstrated by the foreign government. 

18 (2) REQUEST BY FOREIGN FOOD ESTABLISH19 MENT.—Prior to granting the certification request of 

20 a foreign food establishment, the Administrator shall 

21 certify, based on an onsite inspection, the food safe22 ty programs and procedures of a requesting foreign 

23 firm as at least equivalent to the food safety pro24 grams and procedures of the United States. 
51 

•S 729 IS

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

2 firm approved by the Administrator to import food to the 

3 United States under this section shall be certified to ex4 port only the approved food products to the United States 

5 for a period not to exceed 5 years. 

6 (e) WITHDRAWAL OF CERTIFICATION.—The Admin7 istrator may withdraw certification of any food from a for8 eign government or foreign firm— 

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

10 human illness; 

11 (2) following an investigation by the Adminis12 trator that finds that the foreign government pro13 grams and procedures or foreign food establishment 

14 is no longer equivalent to the food safety programs 

15 and procedures in the United States; or 

16 (3) following a refusal to allow United States 

17 officials to conduct such audits and investigations as 

18 may be necessary to fulfill the requirements under 

19 this section. 

20 (f) RENEWAL OF CERTIFICATION.—The Adminis21 trator shall audit foreign governments and foreign food 

22 establishments at least every 5 years to ensure the contin23 ued compliance with the standards set forth in this sec24 tion. 
52 

•S 729 IS

1 (g) REQUIRED ROUTINE INSPECTION.—The Admin2 istrator shall routinely inspect food and food animals (via 

3 a physical examination) before it enters the United States 

4 to ensure that it is— 

5 (1) safe; 

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

7 United States; and 

8 (3) otherwise meets requirements under the 

9 food safety law. 

10 (h) ENFORCEMENT.—The Administrator is author11 ized to— 

12 (1) deny importation of food from any foreign 

13 government that does not permit United States offi14 cials to enter the foreign country to conduct such 

15 audits and inspections as may be necessary to fulfill 

16 the requirements under this section; 

17 (2) deny importation of food from any foreign 

18 government or foreign firm that does not consent to 

19 an investigation by the Administration when food 

20 from that foreign country or foreign firm is linked 

21 to a food-borne illness outbreak or is otherwise 

22 found to be adulterated or mislabeled; and 

23 (3) promulgate rules and regulations to carry 

24 out the purposes of this section, including setting 
53 

•S 729 IS

1 terms and conditions for the destruction of products 

2 that fail to meet the standards of this Act. 

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

4 for consumption in the United States may be detained, 

5 seized, or condemned pursuant to section 402. 

6 SEC. 209. RESOURCE PLAN. 

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

8 and update annually a resource plan describing the re9 sources required, in the best professional judgment of the 

10 Administrator, to develop and fully implement the national 

11 food safety program established under this Act. 

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

13 (1) describe quantitatively the personnel, finan14 cial, and other resources required to carry out the 

15 inspection of food establishments under section 205 

16 and other requirements of the national food safety 

17 program; 

18 (2) allocate inspection resources in a manner 

19 reflecting the distribution of risk and opportunities 

20 to reduce risk across the food supply to the extent 

21 feasible based on the best available information, and 

22 subject to section 205; and 

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

24 and other resources needed to carry out inspection 

25 and other oversight activities, at a total resource 
54 

•S 729 IS

1 level equal to at least 50 percent of the resources re2 quired to carry out inspections in food establish3 ments under section 205— 

4 (A) in foreign establishments; 

5 (B) at the point of importation; and 

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

7 ranches, and feedlots. 

8 (c) GRANTS.—The resource plan shall include rec9 ommendations for funding to provide grants to States and 

10 local governments to carry out food safety activities in re11 tail and food service facilities and the required inspections 

12 in food establishments. 

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

14 submit annually to the Committee on Appropriations of 

15 the Senate, the Committee on Appropriations of the House 

16 of Representatives, and other relevant committees of Con17 gress, the resource plan required under this section. 

18 SEC. 210. TRACEBACK. 

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

20 protect the public health, shall establish requirements for 

21 a national system for tracing food and food producing ani22 mals from point of origin to retail sale, subject to sub23 section (b). 

24 (b) APPLICABILITY.—Traceability requirements 

25 shall— 
55 

•S 729 IS

1 (1) be established in accordance with regula2 tions and guidelines issued by the Administrator; 

3 and 

4 (2) apply to food production facilities and food 

5 establishments. 

6 (c) RELATIONSHIP TO COUNTRY OF ORIGIN LABEL7 ING.—Nothing contained in this section prevents or inter8 feres with implementation of the country of origin labeling 

9 requirements of subtitle D of the Agricultural Marketing 

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

11 TITLE III—RESEARCH AND 

12 EDUCATION 

13 SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. 

14 (a) IN GENERAL.—The Administrator, acting in co15 ordination with the Director of the Centers for Disease 

16 Control and Prevention and with the Research Education 

17 and Economics mission area of the Department of Agri18 culture, shall— 

19 (1) have access to the applicable data systems 

20 of the Centers for Disease Control and Prevention 

21 and to the databases made available by a State; 

22 (2) maintain an active surveillance system of 

23 food, food products, and epidemiological evidence 

24 submitted by States to the Centers for Disease Con-
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1 trol and Prevention based on a representative pro2 portion of the population of the United States; 

3 (3) assess the frequency and sources of human 

4 illness in the United States associated with the con5 sumption of food; 

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

7 system and epidemiological system dedicated to food8 borne illness identification, outbreaks, and contain9 ment; and 

10 (5) have access to the surveillance data created 

11 via monitoring and statistical studies conducted as 

12 part of its own inspection. 

13 (b) PUBLIC HEALTH SAMPLING.— 

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

15 the effective date of this Act, the Administrator shall 

16 establish guidelines for a sampling system under 

17 which the Administrator shall take and analyze sam18 ples of food— 

19 (A) to assist the Administrator in carrying 

20 out this Act; and 

21 (B) to assess the nature, frequency of oc22 currence, and quantities of contaminants in 

23 food. 

24 (2) REQUIREMENTS.—The sampling system de25 scribed in paragraph (1) shall provide— 
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1 (A) statistically valid monitoring, including 

2 market-based studies, on the nature, frequency 

3 of occurrence, and quantities of contaminants 

4 in food available to consumers; and 

5 (B) at the request of the Administrator, 

6 such other information, including analysis of 

7 monitoring and verification samples, as the Ad8 ministrator determines may be useful in assess9 ing the occurrence of contaminants in food. 

10 (c) ASSESSMENT OF HEALTH HAZARDS.— 

11 (1) IN GENERAL.—Through the surveillance 

12 system referred to in subsection (a) and the sam13 pling system described in subsection (b), the Admin14 istrator shall— 

15 (A) rank food categories based on the haz16 ard to human health presented by the food cat17 egory; 

18 (B) identify appropriate industry and regu19 latory approaches to minimize hazards in the 

20 food supply; and 

21 (C) assess the public health environment 

22 for emerging diseases, including zoonosis, for 

23 their risk of appearance in the United States 

24 food supply. 
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1 (2) COMPONENTS OF ANALYSIS.—The analysis 

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

3 (A) a comparison of the safety of commer4 cial processing with the health hazards associ5 ated with food that is harvested for recreational 

6 or subsistence purposes and prepared non7 commercially; 

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

9 is domestically processed with the health haz10 ards associated with food that is processed out11 side the United States; 

12 (C) a description of contamination origi13 nating from handling practices that occur prior 

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

15 (D) use of comparative risk assessments. 

16 SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. 

17 (a) PUBLIC EDUCATION.— 

18 (1) IN GENERAL.—The Administrator, in co19 operation with private and public organizations, in20 cluding the cooperative extension services and build21 ing on the efforts of appropriate State and local en22 tities, shall establish a national public education pro23 gram on food safety. 

24 (2) REQUIREMENTS.—The program shall pro25 vide— 
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1 (A) information to the public regarding 

2 Federal standards and best practices and pro3 motion of public awareness, understanding, and 

4 acceptance of those standards and practices; 

5 (B) information for health professionals— 

6 (i) to improve diagnosis and treatment 

7 of food-related illness; and 

8 (ii) to advise individuals at special 

9 risk for food-related illnesses; and 

10 (C) such other information or advice to 

11 consumers and other persons as the Adminis12 trator determines will promote the purposes of 

13 this Act. 

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

15 consultation with other Federal departments and agencies 

16 as the Administrator determines necessary, shall work 

17 with the States and other appropriate entities— 

18 (1) to develop and distribute regional and na19 tional advisories concerning food safety; 

20 (2) to develop standardized formats for written 

21 and broadcast advisories; 

22 (3) to incorporate State and local advisories 

23 into the national public education program estab24 lished under subsection (a); and 
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1 (4) to present prompt, specific information re2 garding foods found to pose a threat to the public 

3 health. 

4 SEC. 303. RESEARCH. 

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

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

7 (1) improve sanitation and food safety practices 

8 in the processing of food; 

9 (2) develop improved techniques to monitor and 

10 inspect food; 

11 (3) develop efficient, rapid, and sensitive meth12 ods to detect contaminants in food; 

13 (4) determine the sources of contamination of 

14 contaminated food; 

15 (5) develop food consumption data; 

16 (6) identify ways that animal production tech17 niques could improve the safety of the food supply; 

18 (7) draw upon research and educational pro19 grams that exist at the State and local level; 

20 (8) utilize the DNA matching system and other 

21 processes to identify and control pathogens; 

22 (9) address common and emerging zoonotic dis23 eases; 
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1 (10) develop methods to reduce or destroy 

2 harmful pathogens before, during, and after proc3 essing; 

4 (11) analyze the incidence of antibiotic 

5 resistence as it pertains to the food supply and de6 velop new methods to reduce the transfer of anti7 biotic resistance to humans; and 

8 (12) conduct other research that supports the 

9 purposes of this Act. 

10 (b) CONTRACT AUTHORITY.—The Administrator may 

11 enter into contracts and agreements with any State, uni12 versity, Federal Government agency, or person to carry 

13 out this section. 

14 TITLE IV—ENFORCEMENT 

15 SEC. 401. PROHIBITED ACTS. 

16 It is prohibited— 

17 (1) to manufacture, introduce, deliver for intro18 duction, or receive into interstate commerce any food 

19 that is adulterated, misbranded, or otherwise unsafe; 

20 (2) to adulterate or misbrand any food in inter21 state commerce; 

22 (3) for a food establishment or foreign food es23 tablishment to fail to register under section 202, or 

24 to operate without a valid registration; 
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1 (4) to refuse to permit access to a food estab2 lishment for the inspection and copying of a record 

3 as required under section 205(h); 

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

5 or to make any report as required under section 

6 205(h); 

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

8 a food establishment as required under section 205; 

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

10 results of a testing or sampling of a food, equip11 ment, or material in contact with contaminated food 

12 under section 205(i); 

13 (8) to fail to comply with a provision, regula14 tion, or order of the Administrator under section 

15 202, 203, 204, or 208; 

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

17 use in whole or in part as human food at a food es18 tablishment processing any such food for commerce, 

19 except in compliance with the food safety law; 

20 (10) to transfer food in violation of an adminis21 trative detention order under section 402 or to re22 move or alter a required mark or label identifying 

23 the food as detained; 

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

25 order under section 403; or 
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1 (12) to otherwise violate the food safety law. 

2 SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNA3 TION. 

4 (a) ADMINISTRATIVE DETENTION OF FOOD.— 

5 (1) EXPANDED AUTHORITY.—The Adminis6 trator shall have authority under section 304 of the 

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

8 334) to administratively detain and seize any food 

9 that the Administrator has reason to believe is un10 safe, is adulterated or misbranded, or otherwise fails 

11 to meet the requirements of the food safety law. 

12 (2) DETENTION AUTHORITY.—If, during an in13 spection conducted in accordance with section 205 or 

14 208, an officer, employee, or agent of the Adminis15 tration making the inspection has reason to believe 

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

17 for import is unsafe, is adulterated or misbranded, 

18 or otherwise fails to meet the requirements of this 

19 Act, the officer or employee may order the food de20 tained. 

21 (3) PERIOD OF DETENTION.— 

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

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

24 unless a longer period, not to exceed 30 days, 
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1 is necessary for the Administrator to institute a 

2 seizure action. 

3 (B) PERISHABLE FOOD.—The Adminis4 trator shall provide by regulation for procedures 

5 to institute a seizure action on an expedited 

6 basis with respect to perishable food. 

7 (4) SECURITY OF DETAINED FOOD.— 

8 (A) IN GENERAL.—A detention order— 

9 (i) may require that the food be la10 beled or marked as detained; and 

11 (ii) shall require that the food be re12 moved to a secure facility, if appropriate. 

13 (B) FOOD SUBJECT TO AN ORDER.—A 

14 food subject to a detention order shall not be 

15 transferred by any person from the place at 

16 which the food is removed, until released by the 

17 Administrator or until the expiration of the de18 tention period applicable under the order, 

19 whichever occurs first. 

20 (C) DELIVERY OF FOOD.—This subsection 

21 does not authorize the delivery of a food in ac22 cordance with execution of a bond while the ar23 ticle is subject to the order. 

24 (b) APPEAL OF DETENTION ORDER.— 
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1 (1) IN GENERAL.—A person who would be enti2 tled to be a claimant for a food subject to a deten3 tion order if the food were seized under section 304 

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

5 U.S.C. 334), may appeal the order to the Adminis6 trator. 

7 (2) ACTION BY THE ADMINISTRATOR.—Not 

8 later than 5 days after an appeal is filed under para9 graph (1), the Administrator, after providing an op10 portunity for an informal hearing, shall confirm, 

11 modify, or terminate the order involved. 

12 (3) FINAL AGENCY ACTION.—Confirmation, 

13 modification, or termination by the Administrator 

14 under paragraph (2) shall be considered a final 

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

16 United States Code. 

17 (4) TERMINATION.—The order shall be consid18 ered to be terminated if, after 5 days, the Adminis19 trator has failed— 

20 (A) to provide an opportunity for an infor21 mal hearing; or 

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

23 order. 

24 (5) EFFECT OF INSTITUTING COURT ACTION.— 

25 If the Administrator initiates an action under sec-
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1 tion 302 of the Federal Food, Drug, and Cosmetic 

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

3 (21 U.S.C. 334(a)), the process for the appeal of the 

4 detention order shall terminate. 

5 (c) CONDEMNATION OF FOOD.— 

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

7 order, the Administrator may order the food con8 demned. 

9 (2) DESTRUCTION OF FOOD.—Any food con10 demned shall be destroyed under the supervision of 

11 the Administrator. 

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

13 determines that, through reprocessing, relabeling, or 

14 other action, a detained food can be brought into 

15 compliance with this Act, the food may be released 

16 following a determination by the Administrator that 

17 the relabeling or other action as specified by the Ad18 ministrator has been performed. 

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

20 (1) IN GENERAL.—If an officer or qualified em21 ployee of the Administration has reason to believe 

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

23 or otherwise fails to meet the requirements of this 

24 Act, and the officer or qualified employee is unable 

25 to inspect, examine, or investigate the food when the 
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1 food is offered for import at a port of entry into the 

2 United States, the officer or qualified employee shall 

3 request the Secretary of Homeland Security to hold 

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

5 of time, not to exceed 24 hours, to enable the Ad6 ministrator to inspect or investigate the food as ap7 propriate. 

8 (2) REMOVAL TO SECURE FACILITY.—The Ad9 ministrator shall work in coordination with the Sec10 retary of Homeland Security to remove a food held 

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

12 as appropriate. 

13 (3) PROHIBITION ON TRANSFER.—During the 

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

15 be transferred by any person from the port of entry 

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

17 which the food has been removed. 

18 (4) DELIVERY IN ACCORDANCE WITH A

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

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

21 authorized. 

22 (5) PROHIBITION ON REEXPORT.—A food 

23 found unfit for human or animal consumption shall 

24 be prohibited from reexport without further proc-
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1 essing to remove the contamination and reinspection 

2 by the Administration. 

3 SEC. 403. NOTIFICATION AND RECALL. 

4 (a) NOTICE TO ADMINISTRATOR OF VIOLATION.— 

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

6 believe that any food introduced into or in interstate 

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

8 sale) after shipment in interstate commerce, may be 

9 in violation of the food safety law shall immediately 

10 notify the Administrator of the identity and location 

11 of the food. 

12 (2) MANNER OF NOTIFICATION.—Notification 

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

14 and by such means as the Administrator may re15 quire by regulation. 

16 (b) RECALL AND CONSUMER NOTIFICATION.— 

17 (1) VOLUNTARY ACTIONS.—If the Adminis18 trator determines that food is in violation of the food 

19 safety law when introduced into or while in inter20 state commerce or while held for sale (whether or 

21 not the first sale) after shipment in interstate com22 merce and that there is a reasonable probability that 

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

24 public health, as determined by the Administrator, 

25 the Administrator shall give the appropriate persons 
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1 (including the manufacturers, importers, distribu2 tors, or retailers of the food) an opportunity to— 

3 (A) cease distribution of the food; 

4 (B) notify all persons— 

5 (i) processing, distributing, or other6 wise handling the food to immediately 

7 cease such activities with respect to the 

8 food; or 

9 (ii) to which the food has been distrib10 uted, transported, or sold, to immediately 

11 cease distribution of the food; 

12 (C) recall the food; 

13 (D) in conjunction with the Administrator, 

14 provide notice of the finding of the Adminis15 trator— 

16 (i) to consumers to whom the food 

17 was, or may have been, distributed; and 

18 (ii) to State and local public health of19 ficials; or 

20 (E) take any combination of the measures 

21 described in this paragraph, as determined by 

22 the Administrator to be appropriate in the cir23 cumstances. 

24 (2) MANDATORY ACTIONS.—If a person re25 ferred to in paragraph (1) refuses to or does not 
70 

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1 adequately carry out the actions described in that 

2 paragraph within the time period and in the manner 

3 prescribed by the Administrator, the Administrator 

4 shall— 

5 (A) have authority to control and possess 

6 the food, including ordering the shipment of the 

7 food from the food establishment to the Admin8 istrator— 

9 (i) at the expense of the food estab10 lishment; or 

11 (ii) in an emergency (as determined 

12 by the Administrator), at the expense of 

13 the Administration; and 

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

15 determines to be necessary, the person to imme16 diately— 

17 (i) cease distribution of the food; and 

18 (ii) notify all persons— 

19 (I) processing, distributing, or 

20 otherwise handling the food to imme21 diately cease such activities with re22 spect to the food; or 

23 (II) if the food has been distrib24 uted, transported, or sold, to imme25 diately cease distribution of the food. 
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1 (3) NOTIFICATION TO CONSUMERS BY ADMINIS2 TRATOR.—The Administrator shall, as the Adminis3 trator determines to be necessary, provide notice of 

4 the finding of the Administrator under paragraph 

5 (1)— 

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

7 may have been, distributed; and 

8 (B) to State and local public health offi9 cials. 

10 (4) NONDISTRIBUTION BY NOTIFIED PER11 SONS.—A person that processes, distributes, or oth12 erwise handles the food, or to which the food has 

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

14 notified under paragraph (1)(B) or (2)(B) shall im15 mediately cease distribution of the food. 

16 (5) AVAILABILITY OF RECORDS TO ADMINIS17 TRATOR.—Each person referred to in paragraph (1) 

18 that processed, distributed, or otherwise handled 

19 food shall make available to the Administrator infor20 mation necessary to carry out this subsection, as de21 termined by the Administrator, regarding— 

22 (A) persons that processed, distributed, or 

23 otherwise handled the food; and 
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•S 729 IS

1 (B) persons to which the food has been 

2 transported, sold, distributed, or otherwise han3 dled. 

4 (c) INFORMAL HEARINGS ON ORDERS.— 

5 (1) IN GENERAL.—The Administrator shall pro6 vide any person subject to an order under subsection 

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

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

9 business days after the issuance of the order. 

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

11 under paragraph (1), the Administrator shall con12 sider the actions required by the order and any rea13 sons why the food that is the subject of the order 

14 should not be recalled. 

15 (d) POST-HEARING RECALL ORDERS.— 

16 (1) AMENDMENT OF ORDER.—If, after pro17 viding an opportunity for an informal hearing under 

18 subsection (c), the Administrator determines that 

19 there is a reasonable probability that the food that 

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

21 consumed, would present a threat to the public 

22 health, the Administrator, as the Administrator de23 termines to be necessary, may— 

24 (A) amend the order to require recall of 

25 the food or other appropriate action; 
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•S 729 IS

1 (B) specify a timetable in which the recall 

2 shall occur; 

3 (C) require periodic reports to the Admin4 istrator describing the progress of the recall; 

5 and 

6 (D) provide notice of the recall to con7 sumers to whom the food was, or may have 

8 been, distributed. 

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

10 an opportunity for an informal hearing under sub11 section (c), the Administrator determines that ade12 quate grounds do not exist to continue the actions 

13 required by the order, the Administrator shall vacate 

14 the order. 

15 (e) REMEDIES NOT EXCLUSIVE.—The remedies pro16 vided in this section shall be in addition to, and not exclu17 sive of, other remedies that may be available. 

18 SEC. 404. INJUNCTION PROCEEDINGS. 

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

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

21 possessions of the United States, shall have jurisdiction, 

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

23 203, 204, 207, or 401 (or a regulation promulgated under 

24 that section). 
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1 (b) TRIAL.—In a case in which violation of an injunc2 tion or restraining order issued under this section also 

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

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

5 SEC. 405. CIVIL AND CRIMINAL PENALTIES. 

6 (a) CIVIL SANCTIONS.— 

7 (1) CIVIL PENALTY.— 

8 (A) IN GENERAL.—Any person that com9 mits an act that violates the food safety law (in10 cluding a regulation promulgated or order 

11 issued under a Federal food safety law) may be 

12 assessed a civil penalty by the Administrator of 

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

14 (B) SEPARATE OFFENSE.—Each act de15 scribed in subparagraph (A) and each day dur16 ing which that act continues shall be considered 

17 a separate offense. 

18 (2) OTHER REQUIREMENTS.— 

19 (A) WRITTEN ORDER.—The civil penalty 

20 described in paragraph (1) shall be assessed by 

21 the Administrator by a written order, which 

22 shall specify the amount of the penalty and the 

23 basis for the penalty under subparagraph (B) 

24 considered by the Administrator. 
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1 (B) AMOUNT OF PENALTY.—Subject to 

2 paragraph (1)(A), the amount of the civil pen3 alty shall be determined by the Administrator, 

4 after considering— 

5 (i) the gravity of the violation; 

6 (ii) the degree of culpability of the 

7 person; 

8 (iii) the size and type of the business 

9 of the person; and 

10 (iv) any history of prior offenses by 

11 the person under the food safety law. 

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

13 be reviewed only in accordance with subsection 

14 (c). 

15 (b) CRIMINAL SANCTIONS.— 

16 (1) IN GENERAL.—Except as provided in para17 graphs (2) and (3), a person that knowingly pro18 duces or introduces into commerce food that is un19 safe or otherwise adulterated or misbranded shall be 

20 imprisoned for not more than 1 year or fined not 

21 more than $10,000, or both. 

22 (2) SEVERE VIOLATIONS.—A person that com23 mits a violation described in paragraph (1) after a 

24 conviction of that person under this section has be25 come final, or commits such a violation with the in-
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•S 729 IS

1 tent to defraud or mislead, shall be imprisoned for 

2 not more than 3 years or fined not more than 

3 $100,000, or both. 

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

5 the penalties of this subsection— 

6 (A) for having received, proffered, or deliv7 ered in interstate commerce any food, if the re8 ceipt, proffer, or delivery was made in good 

9 faith, unless that person refuses to furnish (on 

10 request of an officer or employee designated by 

11 the Administrator)— 

12 (i) the name, address and contact in13 formation of the person from whom that 

14 person purchased or received the food; 

15 (ii) copies of all documents relating to 

16 the person from whom that person pur17 chased or received the food; and 

18 (iii) copies of all documents pertaining 

19 to the delivery of the food to that person; 

20 or 

21 (B) if that person establishes a guaranty 

22 signed by, and containing the name and address 

23 of, the person from whom that person received 

24 in good faith the food, stating that the food is 
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1 not adulterated or misbranded within the mean2 ing of this Act. 

3 (c) JUDICIAL REVIEW.— 

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

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

6 unless the person— 

7 (A) not later than 30 days after the effec8 tive date of the order, files a petition for judi9 cial review of the order in the United States 

10 court of appeals for the circuit in which that 

11 person resides or has its principal place of busi12 ness or the United States Court of Appeals for 

13 the District of Columbia; and 

14 (B) simultaneously serves a copy of the pe15 tition by certified mail to the Administrator. 

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

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

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

19 court a certified copy of the administrative record 

20 upon which the order was issued. 

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

22 the Administrator relating to the order shall be set 

23 aside only if found to be unsupported by substantial 

24 evidence on the record as a whole. 

25 (d) COLLECTION ACTIONS FOR FAILURE TO PAY.— 
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1 (1) IN GENERAL.—If any person fails to pay a 

2 civil penalty assessed under subsection (a) after the 

3 order assessing the penalty has become a final order, 

4 or after the court of appeals described in subsection 

5 (b) has entered final judgment in favor of the Ad6 ministrator, the Administrator shall refer the matter 

7 to the Attorney General, who shall institute in a 

8 United States district court of competent jurisdic9 tion a civil action to recover the amount assessed. 

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

11 under paragraph (1), the validity and appropriate12 ness of the order of the Administrator assessing the 

13 civil penalty shall not be subject to judicial review. 

14 (e) PENALTIES PAID INTO ACCOUNT.—The Adminis15 trator— 

16 (1) shall deposit penalties collected under this 

17 section in an account in the Treasury; and 

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

19 further appropriation or fiscal year limitation— 

20 (A) to carry out enforcement activities 

21 under food safety law; or 

22 (B) to provide assistance to States to in23 spect retail commercial food establishments or 

24 other food or firms under the jurisdiction of 

25 State food safety programs. 
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1 (f) DISCRETION OF THE ADMINISTRATOR TO PROS2 ECUTE.—Nothing in this Act requires the Administrator 

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

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

5 which the Administrator finds that the public interest will 

6 be adequately served by the assessment of a civil penalty 

7 under this section. 

8 (g) REMEDIES NOT EXCLUSIVE.—The remedies pro9 vided in this section may be in addition to, and not exclu10 sive of, other remedies that may be available. 

11 SEC. 406. PRESUMPTION. 

12 In any action to enforce the requirements of the food 

13 safety law, the connection with interstate commerce re14 quired for jurisdiction shall be presumed to exist. 

15 SEC. 407. WHISTLEBLOWER PROTECTION. 

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

17 a Federal contractor or subcontractor, or any individual 

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

19 ‘‘covered individual’’), may be discharged, demoted, sus20 pended, threatened, harassed, or in any other manner dis21 criminated against, because of any lawful act done by the 

22 covered individual to— 

23 (1) provide information, cause information to be 

24 provided, or otherwise assist in an investigation re25 garding any conduct that the covered individual rea-
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•S 729 IS

1 sonably believes constitutes a violation of any law, 

2 rule, or regulation, or that the covered individual 

3 reasonably believes constitutes a threat to the public 

4 health, when the information or assistance is pro5 vided to, or the investigation is conducted by— 

6 (A) a Federal regulatory or law enforce7 ment agency; 

8 (B) a Member or committee of Congress; 

9 or 

10 (C) a person with supervisory authority 

11 over the covered individual (or such other indi12 vidual who has the authority to investigate, dis13 cover, or terminate misconduct); 

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

15 or otherwise assist in a proceeding or action filed or 

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

17 rule, or regulation; or 

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

19 of any law, rule, or regulation. 

20 (b) ENFORCEMENT ACTION.— 

21 (1) IN GENERAL.—A covered individual who al22 leges discharge or other discrimination by any per23 son in violation of subsection (a) may seek relief 

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

25 Secretary of Labor. If the Secretary of Labor has 
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1 not issued a final decision within 180 days after the 

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

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

4 the claimant, the claimant may bring an action at 

5 law or equity for de novo review in the appropriate 

6 district court of the United States, which shall have 

7 jurisdiction over such an action without regard to 

8 the amount in controversy. 

9 (2) PROCEDURE.— 

10 (A) IN GENERAL.—An action under para11 graph (1) shall be governed under the rules and 

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

13 49, United States Code. 

14 (B) EXCEPTION.—Notification under sec15 tion 42121(b)(1) of title 49, United States 

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

17 complaint and to the person’s employer. 

18 (C) BURDENS OF PROOF.—An action 

19 brought under paragraph (1) shall be governed 

20 by the legal burdens of proof set for in section 

21 42121(b) of title 49, United States Code. 

22 (D) STATUTE OF LIMITATIONS.—An action 

23 under paragraph (1) shall be commenced not 

24 later than 90 days after the date on which the 

25 violation occurs. 
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1 (c) REMEDIES.— 

2 (1) IN GENERAL.—A covered individual pre3 vailing in any action under subsection (b)(1) shall be 

4 entitled to all relief necessary to make the covered 

5 individual whole. 

6 (2) COMPENSATORY DAMAGES.—Relief for any 

7 action described in paragraph (1) shall include— 

8 (A) reinstatement with the same seniority 

9 status that the covered individual would have 

10 had, but for the discrimination; 

11 (B) the amount of any back pay, with in12 terest; and 

13 (C) compensation for any special damages 

14 sustained as a result of the discrimination, in15 cluding litigation costs, expert witness fees, and 

16 reasonable attorney’s fees. 

17 (d) RIGHTS RETAINED BY THE COVERED INDI18 VIDUAL.—Nothing in this section shall be construed to di19 minish the rights, privileges, or remedies of any covered 

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

21 collective bargaining agreement. 

22 SEC. 408. ADMINISTRATION AND ENFORCEMENT. 

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

24 and enforcement of the food safety law, the provisions (in25 cluding provisions relating to penalties) of sections 6, 8, 
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1 9, and 10 of the Federal Trade Commission Act (15 

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

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

4 powers, and duties of the Federal Trade Commission and 

5 the Attorney General to administer and enforce that Act, 

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

7 whom the powers are exercised, shall apply to the jurisdic8 tion, powers, and duties of the Administrator and the At9 torney General in administering and enforcing the provi10 sions of the food safety law and to the rights and duties 

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

12 respectively. 

13 (b) INQUIRIES AND ACTIONS.— 

14 (1) IN GENERAL.—The Administrator, in per15 son or by such agents as the Administrator may des16 ignate, may prosecute any inquiry necessary to carry 

17 out the duties of the Administrator under the food 

18 safety law in any part of the United States. 

19 (2) POWERS.—The powers conferred by sec20 tions 9 and 10 of the Federal Trade Commission 

21 Act (15 U.S.C. 49 and 50) on the United States dis22 trict courts may be exercised for the purposes of this 

23 chapter by any United States district court of com24 petent jurisdiction. 
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1 SEC. 409. CITIZEN CIVIL ACTIONS. 

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

3 action against— 

4 (1) a person that violates a regulation (includ5 ing a regulation establishing a performance stand6 ard), order, or other action of the Administrator to 

7 ensure the safety of food; or 

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

9 the Administrator), if the Administrator fails to per10 form an act or duty to ensure the safety of food that 

11 is not discretionary under the food safety law. 

12 (b) COURT.— 

13 (1) IN GENERAL.—The action shall be com14 menced in the United States district court for the 

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

16 has an agent. 

17 (2) JURISDICTION.—The court shall have juris18 diction, without regard to the amount in con19 troversy, or the citizenship of the parties, to enforce 

20 a regulation (including a regulation establishing a 

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

22 Administrator, or to order the Administrator to per23 form the act or duty. 

24 (3) DAMAGES.—The court may— 

25 (A) award damages, in the amount of dam26 ages actually sustained; and 
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1 (B) if the court determines it to be in the 

2 interest of justice, award the plaintiff the costs 

3 of suit, including reasonable attorney’s fees, 

4 reasonable expert witness fees, and penalties. 

5 (c) REMEDIES NOT EXCLUSIVE.—The remedies pro6 vided for in this section shall be in addition to, and not 

7 exclusive of, other remedies that may be available. 

8 TITLE V—IMPLEMENTATION 

9 SEC. 501. DEFINITION. 

10 For purposes of this title, the term ‘‘transition pe11 riod’’ means the 12-month period beginning on the effec12 tive date of this Act. 

13 SEC. 502. REORGANIZATION PLAN. 

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

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

16 transmit to the appropriate congressional committees a re17 organization plan regarding the following: 

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

19 and obligations to the Administration pursuant to 

20 this Act. 

21 (2) Any consolidation, reorganization, or 

22 streamlining of agencies transferred to the Adminis23 tration pursuant to this Act. 

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

25 subsection (a) shall contain, consistent with this Act, such 
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1 elements as the President determines appropriate, includ2 ing the following: 

3 (1) Identification of any functions of agencies 

4 designated to be transferred to the Administration 

5 pursuant to this Act that will not be transferred to 

6 the Administration under the plan. 

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

8 Administrator to organize the Administration, in9 cluding the delegation or assignment of functions 

10 transferred to the Administration among the officers 

11 of the Administration in order to permit the Admin12 istration to carry out the functions transferred 

13 under the plan. 

14 (3) Specification of the funds available to each 

15 agency that will be transferred to the Administration 

16 as a result of transfers under the plan. 

17 (4) Specification of the proposed allocations 

18 within the Administration of unexpended funds 

19 transferred in connection with transfers under the 

20 plan. 

21 (5) Specification of any proposed disposition of 

22 property, facilities, contracts, records, and other as23 sets and obligations of agencies transferred under 

24 the plan. 
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1 (6) Specification of the proposed allocations 

2 within the Administration of the functions of the 

3 agencies and subdivisions that are not related di4 rectly to ensuring the safety of food. 

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

6 on the basis of consultations with the appropriate congres7 sional committees, modify, or revise any part of the plan 

8 until that part of the plan becomes effective in accordance 

9 with subsection (d). 

10 (d) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The reorganization plan de12 scribed in this section, including any modifications 

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

14 become effective for an agency on the earlier of— 

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

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

17 except that such date may not be earlier than 

18 90 days after the date the President has trans19 mitted the reorganization plan to the appro20 priate congressional committees pursuant to 

21 subsection (a); or 

22 (B) the end of the transition period. 

23 (2) STATUTORY CONSTRUCTION.—Nothing in 

24 this subsection may be construed to require the 

25 transfer of functions, personnel, records, balances of 
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1 appropriations, or other assets of an agency on a 

2 single date. 

3 (3) SUPERCEDES EXISTING LAW.—Paragraph 

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

5 title 5, United States Code. 

6 SEC. 503. TRANSITIONAL AUTHORITIES. 

7 (a) PROVISION OF ASSISTANCE BY OFFICIALS.— 

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

9 official having authority over or function relating to the 

10 agency immediately before the effective date of this Act 

11 shall provide the Administrator such assistance, including 

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

13 request in preparing for the transfer and integration of 

14 the agency to the Administration. 

15 (b) SERVICES AND PERSONNEL.—During the transi16 tion period, upon the request of the Administrator, the 

17 head of any executive agency may, on a reimbursable 

18 basis, provide services or detail personnel to assist with 

19 the transition. 

20 (c) ACTING OFFICIALS.— 

21 (1) IN GENERAL.—During the transition pe22 riod, pending the advice and consent of the Senate 

23 to the appointment of an officer required by this Act 

24 to be appointed by and with such advice and con25 sent, the President may designate any officer whose 
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1 appointment was required to be made by and with 

2 such advice and consent and who was such an officer 

3 immediately before the effective date of this Act 

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

5 before such designation, to act in such office until 

6 the same is filled as provided in this Act. 

7 (2) COMPENSATION.—While acting pursuant to 

8 paragraph (1), such officers shall receive compensa9 tion at the higher of— 

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

11 respective offices in which they act; or 

12 (B) the rates provided for the offices held 

13 at the time of designation. 

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

15 construed to require the advice and consent of the 

16 Senate to the appointment by the President to a po17 sition in the Administration of any officer whose 

18 agency is transferred to the Administration pursuant 

19 to this Act and whose duties following such transfer 

20 are germane to those performed before such trans21 fer. 

22 (d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA23 TIONS, AND FUNCTION.— 

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

25 of title 31, United States Code, the personnel, as-
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1 sets, liabilities, contracts, property, records, and un2 expended balances of appropriations, authorizations, 

3 allocations, and other funds that relate to the func4 tions transferred under subsection (a) from a Fed5 eral agency shall be transferred to the Administra6 tion. 

7 (2) UNEXPENDED FUNDS.—Unexpended funds 

8 transferred under this subsection shall be used by 

9 the Administration only for the purposes for which 

10 the funds were originally authorized and appro11 priated. 

12 SEC. 504. SAVINGS PROVISIONS. 

13 (a) COMPLETED ADMINISTRATIVE ACTIONS.—The 

14 enactment of this Act or the transfer of functions under 

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

16 regulation, permit, personnel action, agreement, grant, 

17 contract, certificate, license, registration, privilege, or 

18 other administrative action issued, made, granted, or oth19 erwise in effect or final with respect to that agency on 

20 the day before the transfer date with respect to the trans21 ferred functions 

22 (b) PENDING PROCEEDINGS.—Subject to the author23 ity of the Administrator under this Act— 

24 (1) pending proceedings in an agency, including 

25 notices of proposed rulemaking, and applications for 
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1 licenses, permits, certificates, grants, and financial 

2 assistance, shall continue notwithstanding the enact3 ment of this Act or the transfer of the agency to the 

4 Administration, unless discontinued or modified 

5 under the same terms and conditions and to the 

6 same extent that such discontinuance could have oc7 curred if such enactment or transfer had not oc8 curred; and 

9 (2) orders issued in such proceedings, and ap10 peals therefrom, and payments made pursuant to 

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

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

13 the agency had not been transferred, and any such 

14 order shall continue in effect until amended, modi15 fied, superceded, terminated, set aside, or revoked by 

16 an officer of the United States or a court of com17 petent jurisdiction, or by operation of law. 

18 (c) PENDING CIVIL ACTIONS.—Subject to the author19 ity of the Administrator under this Act, any civil action 

20 commenced with regard to that agency pending before 

21 that agency on the day before the transfer date with re22 spect to the transferred functions shall continue notwith23 standing the enactment of this Act or the transfer of an 

24 agency to the Administration. 

25 (d) REFERENCES.— 
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1 (1) IN GENERAL.—After the transfer of func2 tions from a Federal agency under this Act, any ref3 erence in any other Federal law, Executive order, 

4 rule, regulation, directive, document, or other mate5 rial to that Federal agency or the head of that agen6 cy in connection with the administration or enforce7 ment of the food safety laws shall be deemed to be 

8 a reference to the Administration or the Adminis9 trator, respectively. 

10 (2) STATUTORY REPORTING REQUIREMENTS.— 

11 Statutory reporting requirements that applied in re12 lation to such an agency immediately before the ef13 fective date of this Act shall continue to apply fol14 lowing such transfer if they refer to the agency by 

15 name. 

16 SEC. 505. CONFORMING AMENDMENTS. 

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

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

19 the following new item: 

20 ‘‘Administrator of Food Safety.’’. 

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

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

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

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

25 (21 U.S.C. 1047) are repealed. 
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1 SEC. 506. ADDITIONAL TECHNICAL AND CONFORMING 

2 AMENDMENTS. 

3 Not later than 60 days after the submission of the 

4 reorganization plan under section 502, the President shall 

5 prepare and submit proposed legislation to Congress con6 taining necessary and appropriate technical and con7 forming amendments to the Acts listed in section 3(15) 

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

9 SEC. 507. REGULATIONS. 

10 The Administrator may promulgate such regulations 

11 as the Administrator determines are necessary or appro12 priate to perform the duties of the Administrator. 

13 SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as are necessary to carry out this Act. 

16 SEC. 509. LIMITATION ON AUTHORIZATION OF APPROPRIA17 TIONS. 

18 For the fiscal year that includes the effective date 

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

20 carry out this Act shall not exceed— 

21 (1) the amount appropriated for that fiscal year 

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

23 for the purpose of administering or enforcing the 

24 food safety law; or 

25 (2) the amount appropriated for those agencies 

26 for that purpose for the preceding fiscal year, if, as 
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1 of the effective date of this Act, appropriations for 

2 those agencies for the fiscal year that includes the 

3 effective date have not yet been made. 

4 SEC. 510. EFFECTIVE DATE. 

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

6 Act. 

Æ