as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this chapter; and

(ii) the certification would assist the Secretary in determining whether to refuse or admit the article of food under subsection (a); and

(D) information submitted to the Secretary in accordance with the process established in paragraph (7).

\subsection{(3) Certifying entities}
For purposes of paragraph (1), entities that shall provide the certification or assurances described in such paragraph are—

(A) an agency or a representative of the government of the country from which the article of food at issue originated, as designated by the Secretary; or

(B) such other persons or entities accredited pursuant to section 384d of this title to provide such certification or assurance.

\subsection{(4) Renewal and refusal of certifications}
The Secretary may—

(A) require that any certification or other assurance provided by an entity specified in paragraph (2) be renewed by such entity at such times as the Secretary determines appropriate; and

(B) refuse to accept any certification or assurance if the Secretary determines that such certification or assurance is not valid or reliable.

\subsection{(5) Electronic submission}
The Secretary shall provide for the electronic submission of certifications under this subsection.

\subsection{(6) False statements}
Any statement or representation made by an entity described in paragraph (2) to the Secretary shall be subject to section 1001 of title 18.

\subsection{(7) Assessment of food safety programs, systems, and standards}
If the Secretary determines that the food safety programs, systems, and standards in a foreign region, country, or territory are inadequate to ensure that an article of food is as safe as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this chapter, the Secretary shall, to the extent practicable, identify such inadequacies and establish a process by which the foreign region, country, or territory may inform the Secretary of improvements made to such food safety program, system, or standard and demonstrate that those controls are adequate to ensure that an article of food is as safe as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this chapter.

(June 25, 1938, ch. 675, \S 801, 52 Stat. 1058; Oct. 18, 1949, ch. 696, \S\S 1--3, 63 Stat. 882; Pub. L. 87--781, title III, \S 306, Oct. 10, 1962, 76 Stat. 796; Pub. L. 90--399, \S 106, July 13, 1968, 82 Stat. 353; Pub. L. 91--513, title II, \S 701(h), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 94--295, \S\S 3(f), 4(b)(3), May 28, 1976, 90 Stat. 578, 580; Pub. L. 100--293, \S 3, Apr. 22, 1988, 102 Stat. 96; Pub. L. 102--300, \S 6(b)(1), June 16, 1992, 106 Stat. 240; Pub. L. 102--353, \S 5, Aug. 26, 1992, 106 Stat. 943; Pub. L. 103--80, \S 3(cc), Aug. 13, 1993, 107 Stat. 778, 779; Pub. L. 104--134, title II, \S 2102(a)--(c), Apr. 26, 1996, 110 Stat. 1321--313, 1321--314; Pub. L. 104--180, title VI, \S 603(a), (b), Aug. 6, 1996, 110 Stat. 1594, 1595; Pub. L. 105--115, title I, \S 125(a)(2)(D), Nov. 21, 1997, 111 Stat. 2325; Pub. L. 106--387, \S\S 745(c)(1), 746(c)(1), Oct. 28, 2000, 114 Stat. 1549, 1549A--36, 1549A--40; Pub. L. 107--188, title III, \S\S 302(a)--(d), 303(c), 304(e), 305(c), 307(a), 308(a), 321(b)(3), 322(a), June 12, 2002, 116 Stat. 662, 663, 665, 667, 668, 670, 672, 676; Pub. L. 109--462, \S 5(a), Dec. 22, 2006, 120 Stat. 3475; Pub. L. 110--85, title IX, \S 912(b)(2), Sept. 27, 2007, 121 Stat. 952; Pub. L. 111--31, div. A, title I, \S 303(d), June 22, 2009, 123 Stat. 1837; Pub. L. 111--353, title I, \S\S 102(b)(3), 107(b), title II, \S 204(j)(2), title III, \S\S 301(c), 303(a)--(c), 304(a), Jan. 4, 2011, 124 Stat. 3889, 3910, 3937, 3955--3957.)

\subsection{Amendment of Subsection (a)}
Pub. L. 111--353, title III, \S 301(c), (d), Jan. 4, 2011, 124 Stat. 3955, provided that, effective 2 years after Jan. 4, 2011, subsection (a) of this section is amended by inserting ``or the importer (as defined in section 384a of this title) is in violation of such section 384a of this title'' after ``or in violation of section 355 of this title''.

\subsection{References in Text}
The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91--513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (\S 951 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.

The Federal Meat Inspection Act, referred to in subsec. (m)(3)(B), is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90--201, Dec. 15, 1967, 81 Stat. 584, which are classified generally to subchapter I to IV (\S 601 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables.

The Poultry Products Inspection Act, referred to in subsec. (m)(3)(B), is Pub. L. 85--172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (\S 451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 451 of this title and Tables.

The Egg Products Inspection Act, referred to in subsec. (m)(3)(B), is Pub. L. 91--597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to chapter 15 (\S 1031 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.

\subsection{Amendments}
2011—Subsec. (a). Pub. L. 111--353, \S\S 204(j)(2), 303(a), inserted ``or (4) the recordkeeping requirements under section 2223 of this title (other than the requirements under subsection (f) of such section) have not been complied with regarding such article,'' in the third sentence before ``then such article shall be refused admission'' and inserted after the third sentence ``With respect to an article of food, if importation of such food is subject to, but not compliant with, the requirement under subsection (q) that such food be accompanied by a certification or other assurance that the food meets applicable requirements of this chapter, then such article shall be refused admission.''