duced in the proposed subcategory of establish-
ments; and 
(E) the overall record of compliance with 
the food safety law among establishments in the 
proposed subcategory, including compliance 
with applicable performance standards and the 
frequency of recalls. 
(4) The Administrator may adopt alternative 
inspection frequencies for increased or decreased in-
spection for a specific establishment, subject to 
paragraphs (2) and (5) and shall periodically publish 
a list of establishments subject to alternative inspec-
tions. 
(5) In adopting alternative inspection fre-
quencies for a specific establishment, the Adminis-
trator shall consider— 
(A) the criteria in paragraph (3); 
(B) whether products from the specific es-
tablishment have been associated with a case or 
an outbreak of food-borne illness; and 
(C) the record of the establishment of com-
pliance with the food safety law, including com-
pliance with applicable performance standards 
and the frequency of recalls.
(6) Before establishing decreased alternative in-
spection frequencies for subcategories of establish-
ments or individual establishments, the Adminis-
trator shall— 
(A) determine, based on the best available 
evidence, that the alternative uses of the re-
sources required to carry out the inspection ac-
tivity would make a greater contribution to pro-
tecting the public health and reducing the risk 
of food-borne illness than the use of resources 
described in subsection (b); 
(B) describe the alternative uses of re-
sources in general terms when issuing the regu-
lation or order that establishes the alternative 
inspection frequency; 
(C) consider the supporting evidence that 
an individual food establishment shall submit 
related to whether an alternative inspection fre-
quency should be established for such establish-
ment by the Administrator; and 
(D) include a description of the alternative 
uses in the annual resource plan required in 
section 209.
(e) INSPECTION TRANSITION.—The Administrator 
shall manage the transition to the inspection system de-
scribed in this Act as follows: 
(1) In the case of a category 1 or 2 food estab-
lishment, the Administrator shall continue to imple-
ment the applicable inspection mandates of the Fed-
eral Meat Inspection Act (21 U.S.C. 601 et seq.), 
the Poultry Products Inspection Act (21 U.S.C. 451 
et seq.), and the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.) until— 
(A) regulations required to implement this 
section have been promulgated; 
(B) the performance standards required by 
section 204(c) have been promulgated and im-
plemented for 1 year; and 
(C) the establishment has achieved compli-
ance with the other applicable provisions of the 
food safety law. 
(2) In the case of a category 1 or 2 food estab-
lishment that, within 2 years after the promulgation 
of the performance standards required by section 
204(c), has not achieved compliance with the food 
safety law, the Administrator shall— 
(A) issue an order prohibiting the estab-
lishment from operating pending a demonstra-
tion by the establishment that sufficient 
changes in facilities, procedures, personnel, or 
other aspects of the process control system have 
been made such that the Administrator deter-
mines that compliance with the food safety law 
is achieved; and 
(B) following the demonstration required 
in subparagraph (A), issue an order authorizing 
the food establishment to operate subject, at a 
minimum, to— 
(i) the inspection requirement applica-
ble to the establishment under subsection 
(b) (1) or (2); and 
(ii) such other inspection or compli-
ance measures determined by the Adminis-
trator necessary to assure compliance with 
the applicable food safety law. 
(3) In the case of a category 3 food establish-
ment, the Administrator shall continue to implement 
the applicable inspection mandates of the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.), the 
Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.), and the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.) until—
(A) the regulations required to implement 
this section have been promulgated; 
(B) the first resource plan under section 
209 has been submitted; and 
(C) for individual establishments, compli-
ance with the food safety law has been dem-
onstrated. 
(4) In the case of a category 3 food establish-
ment that, within 1 year after the promulgation of 
the regulations required to implement this section, 
have not demonstrated compliance with the food 
safety law, the Administrator shall— 
(A) issue an order prohibiting the estab-
lishment from operating, pending a demonstra-
tion by the establishment that sufficient 
changes in facilities, procedures, personnel, or 
other aspects of the process control system have 
been made such that the Administrator deter-
mines that compliance with the food safety law 
is achieved; and 
(B) following the demonstration required 
in subparagraph (A), issue an order authorizing 
the establishment to operate subject, at a min-
imum, to—
(i) the inspection requirement applica-
ble to the establishment under subsection 
(b)(3); and 
(ii) such other inspection or compli-
ance measures determined by the Adminis-
trator necessary to assure compliance with 
the food safety law. 
(5) In the case of a category 4 or 5 food estab-
lishment, the inspection requirements of this Act 
shall be implemented as soon as possible after— 
(A) the promulgation of the regulations re-
quired to implement this section; 
(B) the publication of the first resource 
plan under section 209; and 
(C) the commencement of the first fiscal 
year in which the Administration is operating 
with budgetary resources that Congress has ap-
propriated following consideration of the re-
source plan under section 209. 
(f) OFFICIAL MARK.— 
(1) IN GENERAL.— 
(A) ESTABLISHMENT.—Before the comple-
tion of the transition process under paragraphs 
(1) through (3) of subsection (e), the Adminis-
trator shall by regulation establish an official
mark that shall be affixed to a food product 
produced in a category 1, 2, or 3 establishment, 
subject to subparagraph (B). 
(B) PREREQUISITE.—The official mark re-
quired under subparagraph (A) shall be affixed 
to a food product by the Administrator if the 
establishment has been inspected by the Admin-
istrator in accordance with the inspection fre-
quencies under this section and the establish-
ment is in compliance with the food safety law. 
(C) REMOVAL
OF
OFFICIAL
MARK.—The 
Administrator shall promulgate regulations that 
provide for the removal of the official mark 
under this subsection if the Administrator 
makes a finding that the establishment is not in 
compliance with the food safety law. 
(2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH-
MENTS.—In the case of products produced in a cat-
egory 1, 2, or 3 food establishment— 
(A) products subject to Federal Meat In-
spection Act (21 U.S.C. 601 et seq.), the Poul-
try Products Inspection Act (21 U.S.C. 451 et 
seq.), the Egg Products Inspection Act (21 
U.S.C. 1031 et seq.), and the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) as of the date of enactment of this Act 
shall remain subject to the requirement under 
those Acts that they bear the mark of inspec-
tion pending completion of the transition proc-
ess under paragraphs (1) through (3) of sub-
section (e); 
(B) the Administrator shall publicly certify 
on a monthly basis that the inspection fre-
quencies required under this Act have been 
achieved; and 
(C) a product from an establishment that 
has not been inspected in accordance with the 
required frequencies under this section shall not 
bear the official mark and shall not be shipped 
in interstate commerce. 
(3) CATEGORY
AND
FOOD
ESTABLISH-
MENTS.—In the case of a product produced in a cat-
egory 4 or 5 food establishment the Administrator 
shall provide by regulation for the voluntary use of 
the official mark established under paragraph (1), 
subject to— 
(A) such minimum inspection frequencies 
as determined appropriate by the Adminis-
trator;
(B) compliance with applicable perform-
ance standards and other provisions of the food 
safety law; and 
(C) such other requirements the Adminis-
trator considers appropriate. 
(g) IMPLEMENTATION.—Not later than 1 year after 
the effective date of this Act, the Administrator shall issue 
regulations to implement subsections (b) through (e). 
(h) MAINTENANCE AND INSPECTION OF RECORDS.— 
(1) IN GENERAL.— 
(A) 
RECORDS.—A 
food 
establishment 
shall— 
(i) maintain such records as the Ad-
ministrator shall require by regulation, in-
cluding all records relating to the proc-
essing, distributing, receipt, or importation 
of any food; and 
(ii) permit the Administrator, in addi-
tion to any authority of the food safety 
agencies in effect on the day before the 
date of enactment of this Act, upon pres-
entation of appropriate credentials and at 
reasonable times and in a reasonable man-
ner, to have access to and copy all records 
maintained by or on behalf of such food es-
tablishment representative in any format 
(including paper or electronic) and at any 
location, that are necessary to assist the 
Administrator— 
(I) to determine whether the food 
is contaminated or not in compliance 
with the food safety law; or 
(II) to track the food in com-
merce. 
(B) REQUIRED DISCLOSURE.—A food es-
tablishment shall have an affirmative obligation 
to disclose to the Administrator the results of 
testing or sampling of food, equipment, or ma-
terial in contact with food, that is positive for 
any contaminant. 
(2) MAINTENANCE OF RECORDS.—The records 
in paragraph (1) shall be maintained for a reason-
able period of time, as determined by the Adminis-
trator. 
(3) REQUIREMENTS.—The records in para-
graph (1) shall include records describing— 
(A) the origin, receipt, delivery, sale, move-
ment, holding, and disposition of food or ingre-
dients;
(B) the identity and quantity of ingredi-
ents used in the food; 
(C) the processing of the food; 
(D) the results of laboratory, sanitation, or 
other tests performed on the food or in the food 
establishment; 
(E) consumer complaints concerning the 
food or packaging of the food; 
(F) the production codes, open date codes, 
and locations of food production; and 
(G) other matters reasonably related to 
whether food is unsafe, is adulterated or mis-
branded, or otherwise fails to meet the require-
ments of this Act. 
(i) PROTECTION OF SENSITIVE INFORMATION.— 
(1) IN GENERAL.—The Administrator shall de-
velop and maintain procedures to prevent the unau-
thorized disclosure of any trade secret or confiden-
tial information obtained by the Administrator. 
(2) LIMITATION.—The requirement under this 
subsection does not— 
(A) limit the authority of the Adminis-
trator to inspect or copy records or to require 
the establishment or maintenance of records 
under this Act;
(B) have any legal effect on section 1905 
of title 18, United States Code; 
(C) extend to any food recipe, financial 
data, pricing data, personnel data, or sales data 
(other than shipment dates relating to sales); 
(D) limit the public disclosure of distribu-
tion records or other records related to food 
subject to a voluntary or mandatory recall 
under section 403; or 
(E) limit the authority of the Adminis-
trator to promulgate regulations to permit the 
sharing of data with other governmental au-
thorities. 
(j) BRIBERY OF OR GIFTS TO INSPECTOR OR OTHER 
OFFICERS AND ACCEPTANCE OF GIFTS.—Section 22 of 
the Federal Meat Inspection Act (21 U.S.C. 622) shall 
apply under this Act. 
SEC. 206. FOOD PRODUCTION FACILITIES. 
In carrying out the duties of the Administrator and 
the purposes of this Act, the Administrator shall have the 
authority, with respect to food production facilities, to— 
(1) visit and inspect food production facilities in 
the United States and in foreign countries to inves-
tigate bioterrorism threats and for other critical food 
safety purposes;
(2) review food safety records as required to be 
kept by the Administrator to carry out traceback 
and for other critical food safety purposes; 
(3) set good practice standards to protect the 
public and animal health and promote food safety; 
(4) conduct monitoring and surveillance of ani-
mals, plants, products, or the environment, as ap-
propriate; and 
(5) collect and maintain information relevant to 
public health and farm practices. 
SEC. 207. FEDERAL AND STATE COOPERATION. 
(a) IN GENERAL.—The Administrator shall work 
with the States to carry out activities and programs that 
create a national food safety program so that Federal and 
State programs function in a coordinated and cost-effec-
tive manner. 
(b) STATE ACTION.—The Administrator shall work 
with States to— 
(1) continue, strengthen, or establish State food 
safety programs, especially with respect to the regu-
lation of retail commercial food establishments, 
transportation, harvesting, and fresh markets; 
(2) continue, strengthen, or establish inspection 
programs and requirements to ensure that food 
under the jurisdiction of the State is safe; and
(3) support recall authorities at the State and 
local levels. 
(c) ASSISTANCE.—To assist in planning, developing, 
and implementing a food safety program, the Adminis-
trator may provide and continue to a State— 
(1) advisory assistance; 
(2) technical and laboratory assistance and 
training (including necessary materials and equip-
ment); and 
(3) financial, in kind, and other aid. 
(d) SERVICE AGREEMENTS.— 
(1) IN
GENERAL.—The Administrator may, 
under agreements entered into with Federal, State, 
or local agencies, use on a reimbursable basis or oth-
erwise, the personnel and services of those agencies 
in carrying out this Act. 
(2) TRAINING.—Agreements with a State under 
this subsection may provide for training of State em-
ployees. 
(3) MAINTENANCE OF AGREEMENTS.—The Ad-
ministrator shall maintain any agreement that is in 
effect on the day before the date of enactment of 
this Act until the Administrator evaluates such 
agreement and determines whether to maintain or 
substitute such agreement.
(e) AUDITS.— 
(1) IN GENERAL.—The Administrator shall an-
nually conduct a comprehensive review of each State 
program that provides services to the Administrator 
in carrying out the responsibilities under this Act, 
including mandated inspections under section 205. 
(2) REQUIREMENTS.—The review shall— 
(A) include a determination of the effec-
tiveness of the State program; and 
(B) identify any changes necessary to en-
sure enforcement of Federal requirements 
under this Act. 
(f) NO FEDERAL PREEMPTION.—Nothing in this Act 
shall be construed to preempt the enforcement of State 
food safety laws and standards that are at least as strin-
gent as those under this Act. 
SEC. 208. IMPORTS. 
(a) IN GENERAL.—Not later than 2 years after the 
effective date of this Act, the Administrator shall establish 
a system under which a foreign government or foreign 
food establishment seeking to import food to the United 
States shall submit a request for certification to the Ad-
ministrator. 
(b) CERTIFICATION STANDARD.—A foreign govern-
ment or foreign food establishment requesting a certifi-
cation to import food to the United States shall dem-
onstrate, in a manner determined appropriate by the Ad-
ministrator, that food produced under the supervision of 
a foreign government or by the foreign food establishment 
has met standards for food safety, inspection, labeling, 
and consumer protection that are at least equivalent to 
standards applicable to food produced in the United 
States. 
(c) CERTIFICATION APPROVAL.— 
(1) REQUEST
BY
FOREIGN
GOVERNMENT.— 
Prior to granting the certification request of a for-
eign government, the Administrator shall review, 
audit, and certify the food safety program of a re-
questing foreign government (including all statutes, 
regulations, and inspection authority) as at least 
equivalent to the food safety program in the United 
States, as demonstrated by the foreign government. 
(2) REQUEST BY FOREIGN FOOD ESTABLISH-
MENT.—Prior to granting the certification request of 
a foreign food establishment, the Administrator shall 
certify, based on an onsite inspection, the food safe-
ty programs and procedures of a requesting foreign 
firm as at least equivalent to the food safety pro-
grams and procedures of the United States.
(d) LIMITATION.—A foreign government or foreign 
firm approved by the Administrator to import food to the 
United States under this section shall be certified to ex-
port only the approved food products to the United States 
for a period not to exceed 5 years. 
(e) WITHDRAWAL OF CERTIFICATION.—The Admin-
istrator may withdraw certification of any food from a for-
eign government or foreign firm— 
(1) if such food is linked to an outbreak of 
human illness; 
(2) following an investigation by the Adminis-
trator that finds that the foreign government pro-
grams and procedures or foreign food establishment 
is no longer equivalent to the food safety programs 
and procedures in the United States; or 
(3) following a refusal to allow United States 
officials to conduct such audits and investigations as 
may be necessary to fulfill the requirements under 
this section. 
(f) RENEWAL
OF CERTIFICATION.—The Adminis-
trator shall audit foreign governments and foreign food 
establishments at least every 5 years to ensure the contin-
ued compliance with the standards set forth in this sec-
tion.
(g) REQUIRED ROUTINE INSPECTION.—The Admin-
istrator shall routinely inspect food and food animals (via 
a physical examination) before it enters the United States 
to ensure that it is— 
(1) safe; 
(2) labeled as required for food produced in the 
United States; and 
(3) otherwise meets requirements under the 
food safety law. 
(h) ENFORCEMENT.—The Administrator is author-
ized to— 
(1) deny importation of food from any foreign 
government that does not permit United States offi-
cials to enter the foreign country to conduct such 
audits and inspections as may be necessary to fulfill 
the requirements under this section; 
(2) deny importation of food from any foreign 
government or foreign firm that does not consent to 
an investigation by the Administration when food 
from that foreign country or foreign firm is linked 
to a food-borne illness outbreak or is otherwise 
found to be adulterated or mislabeled; and 
(3) promulgate rules and regulations to carry 
out the purposes of this section, including setting
terms and conditions for the destruction of products 
that fail to meet the standards of this Act. 
(i) DETENTION AND SEIZURE.—Any food imported 
for consumption in the United States may be detained, 
seized, or condemned pursuant to section 402. 
SEC. 209. RESOURCE PLAN. 
(a) IN GENERAL.—The Administrator shall prepare 
and update annually a resource plan describing the re-
sources required, in the best professional judgment of the 
Administrator, to develop and fully implement the national 
food safety program established under this Act. 
(b) CONTENTS OF PLAN.—The resource plan shall— 
(1) describe quantitatively the personnel, finan-
cial, and other resources required to carry out the 
inspection of food establishments under section 205 
and other requirements of the national food safety 
program; 
(2) allocate inspection resources in a manner 
reflecting the distribution of risk and opportunities 
to reduce risk across the food supply to the extent 
feasible based on the best available information, and 
subject to section 205; and 
(3) describe the personnel, facilities, equipment, 
and other resources needed to carry out inspection 
and other oversight activities, at a total resource