I 

111TH CONGRESS 

1ST SESSION H. R. 2800 

To amend the Federal Food, Drug, and Cosmetic Act to improve the safety 

of imported food, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2009 

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

improve the safety of imported food, 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. 

4 This Act may be cited as the ‘‘Imported Food Safety 

5 Improvement Act of 2009’’. 

6 SEC. 2. AUTHORITY TO PROTECT THE PUBLIC HEALTH 

7 FROM CONTAMINATED IMPORTED FOODS. 

8 (a) AUTHORITY.—Section 801 of the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 381) is amended by 

10 inserting after subsection (o) the following: 


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1 ‘‘(p)(1) The Secretary may refuse admission into the 

2 United States to any food (or any type of food) from a 

3 country, growing area, producer, manufacturer, or shipper 

4 if the Secretary makes a determination under paragraph 

5 (2) or an emergency determination under paragraph (3) 

6 to refuse admission to food (or the type of food involved) 

7 from such country, growing area, producer, manufacturer, 

8 or shipper. 

9 ‘‘(2)(A) The Secretary may make a determination to 

10 refuse admission to food (or any type of food) from a 

11 country, growing area, producer, manufacturer, or shipper 

12 if such food (or type of food)— 

13 ‘‘(i) has been associated with repeated and sep14 arate outbreaks of foodborne disease or has been re15 peatedly determined by the Secretary to be adulter16 ated within the meaning of section 402; 

17 ‘‘(ii) presents a reasonable probability of caus18 ing significant adverse health consequences or death; 

19 and 

20 ‘‘(iii) is likely, without systemic intervention or 

21 changes, to cause disease or be adulterated again. 

22 ‘‘(B) The Secretary shall rescind a determination 

23 under this paragraph if the Secretary finds that such de24 termination, because of remedial action or other cir25 cumstances, is no longer justified. 


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1 ‘‘(C) A country, growing area, producer, manufac2 turer, or shipper may submit a request to the Secretary 

3 to rescind a determination under this paragraph. Any such 

4 request shall be accompanied by supporting evidence. 

5 ‘‘(D) Not later than 90 days after the submission of 

6 a request under subparagraph (C), the Secretary shall 

7 take action on such request. The Secretary’s action may 

8 include— 

9 ‘‘(i) rescinding under subparagraph (B) the de10 termination; or 

11 ‘‘(ii) continuing to refuse admission to the food 

12 involved and requesting additional information or re13 medial action. 

14 ‘‘(E) If the Secretary does not take action on a re15 quest under subparagraph (C) within 90 days after the 

16 date of submission of such request, effective on the 91st 

17 day after the date of such submission, the food initially 

18 refused admission under paragraph (1) may be imported 

19 into the United States. 

20 ‘‘(3)(A) The Secretary may make an emergency de21 termination to refuse admission to food (or any type of 

22 food) from a country, growing area, producer, manufac23 turer, or shipper if such food (or type of food) has been 

24 strongly associated with a single outbreak of foodborne 


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1 disease that has caused serious adverse health con2 sequences or death. 

3 ‘‘(B) An emergency determination under this para4 graph shall be in effect— 

5 ‘‘(i) for a 30-day period; or 

6 ‘‘(ii) until the Secretary rescinds the emergency 

7 determination. 

8 ‘‘(4) Subject to paragraph (5), the Secretary may 

9 issue a determination under paragraph (2) or an emer10 gency determination under paragraph (3) immediately. 

11 ‘‘(5) Any refusal to admit food under this subsection 

12 shall be done in a manner consistent with bilateral, re13 gional, and multilateral trade agreements and the rights 

14 and obligations of the United States under the agree15 ments. 

16 ‘‘(6) Not later than 90 days after the date of the en17 actment of the Imported Food Safety Improvement Act 

18 of 2009, the Secretary shall promulgate final regulations 

19 to carry out this subsection.’’. 

20 (b) EFFECTIVE DATE.—Section 801(p) of the Fed21 eral Food, Drug, and Cosmetic Act, as added by sub22 section (a), shall take effect on the effective date provided 

23 in the regulations promulgated under section 801(p)(6) of 

24 such Act or the date that is 90 days after the date of 

25 the enactment of this Act, whichever is earlier. 


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1 (c) CONFORMING AMENDMENT.—Subsection (a) of 

2 section 801 of the Federal Food, Drug, and Cosmetic Act 

3 (21 U.S.C. 381) is amended, in the third sentence by 

4 striking ‘‘then such article shall be refused admission’’ and 

5 inserting ‘‘or (4) such article is food subject to a deter6 mination in effect under paragraph (2) or (3) of sub7 section (p), then such article shall be refused admission’’. 

8 SEC. 3. RULE OF CONSTRUCTION. 

9 Nothing in this Act or the amendments made by this 

10 Act shall be interpreted to diminish the authority of the 

11 Commissioner of Food and Drugs to ensure the safety of 

12 food. 

Æ 


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