I 
110TH CONGRESS 
1ST SESSION H. R. 2997 
To require the Secretary of Agriculture and the Commissioner of Food and 
Drugs to establish a program requiring a certificate of assured safety 
for imported food items. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2007 
Ms. KAPTUR (for herself and Mr. LANGEVIN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Agriculture and Ways and Means, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To require the Secretary of Agriculture and the Commis-
sioner of Food and Drugs to establish a program requir-
ing a certificate of assured safety for imported food 
items. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Assured Food Safety 
Act of 2007’’. 
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SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM. 
(a) PROGRAM.—The Secretary of Agriculture and the 
Commissioner of Food and Drugs shall jointly establish 
a program to require all food items imported into the 
United States to bear a certificate of assured safety issued 
by the government of the country from which the item is 
imported. In conducting such program, the Secretary and 
the Commissioner shall— 
(1) establish requirements for a food item to be 
issued a certificate of assured safety by the govern-
ment of the country from which the food item is to 
be imported into the United States; and 
(2) prohibit a food item that does not bear a 
certificate of assured safety from being imported 
into the United States. 
(b) EXEMPTIONS.—The Secretary and the Commis-
sioner may exempt from the requirements of the program 
established under subsection (a) a food item that is im-
ported— 
(1) from a country that has not been the source 
of a contaminated food item resulting in a signifi-
cant health or safety recall in the preceding 5 years, 
as determined by— 
(A) in the case of meat and poultry food 
items, the Secretary; and 
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(B) in the case of all other food items, the 
Commissioner; or 
(2) in a de minimis volume, as determined by— 
(A) in the case of meat and poultry food 
items, the Secretary; and 
(B) in the case of all other food items, the 
Commissioner. 
(c) FAILURE TO PROVIDE ASSURED LEVEL
OF 
SAFETY.— 
(1) PROHIBITION.—If a food item fails to pro-
vide the level of safety assured in the certificate re-
quired under this section for such item, the Sec-
retary and the Commissioner shall prohibit the im-
portation of any food item that is the same type of 
food, is produced by the same person, and is pro-
duced in the same country until the Secretary or the 
Commissioner, as appropriate— 
(A) is given an opportunity to inspect the 
place of production of the food to determine 
whether appropriate corrections have been 
made; and 
(B) determines that such country has 
taken sufficient steps to identify and correct the 
failure. 
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(2) HEIGHTENED INSPECTION.—For a period 
of 3 years after removing a prohibition against im-
portation of a food item described in paragraph (1), 
the Secretary and the Commissioner shall require a 
heightened inspection of any such food item to pro-
vide reasonable assurance to consumers of their 
safety. 
SEC. 3. REPORTS. 
(a) FOOD ITEMS SUBJECT TO RECALLS.—Not later 
than February 15 of each year, the Secretary and the 
Commissioner shall jointly submit to Congress a report 
containing— 
(1) the volume of imported food items subject 
to recalls; and 
(2) the volume of recoveries of such imported 
food items. 
(b) SUFFICIENCY OF FOOD SAFETY.—Not later than 
3 years after the date of the enactment of this Act, and 
every 3 years thereafter, the Secretary and the Commis-
sioner shall jointly conduct a study and submit a report 
to the Congress on the sufficiency of food safety and im-
proved food safety technologies. 
(c) AMOUNT OF FOOD INSPECTION.— 
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(1) STUDY.—The Secretary and the Commis-
sioner shall jointly conduct a study on inspection of 
imported food to determine— 
(A) the minimum amount of inspection 
necessary to assure consumers of a safe food 
supply; and 
(B) the additional cost of allocating re-
sources for inspecting imported food in order to 
achieve such minimum amount. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary and 
the Commissioner shall submit to Congress a report 
containing the results of the study conducted under 
subsection (a). 
SEC. 4. MINIMUM INSPECTIONS. 
Not later than 1 year after the date of the submission 
of the report under section 3(c), the Secretary and the 
Commissioner shall ensure that the amount of imported 
food inspected by the Secretary and the Commissioner is 
not less than the amount determined necessary under sec-
tion 3(c) to assure consumers of a safe food supply. 
SEC. 5. USER FEES REGARDING INSPECTIONS OF IM-
PORTED FOOD SAFETY. 
(a) IN GENERAL.— 
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(1) ASSESSMENT.—Beginning in fiscal year 
2008, the Secretary and the Commissioner shall 
jointly assess and collect fees on food imported into 
the United States. 
(2) PURPOSE OF FEES.—The purpose of fees 
under paragraph (1) is to defray increases in the 
costs of the resources allocated for inspecting im-
ported food in order to comply with section 4 over 
the costs of the resources allocated for inspecting 
imported food in fiscal year 2007 multiplied by the 
adjustment factor. Increases referred to in the pre-
ceding sentence include increases in such costs for 
an additional number of full-time equivalent posi-
tions in the Department of Agriculture and the De-
partment of Health and Human Services to be en-
gaged in carrying out such section. 
(3) AMOUNT
OF
FEE; COLLECTION.—A fee 
under paragraph (1) shall be assessed on each line 
item of food, as defined by the Secretary and the 
Commissioner by regulation. The amount of the fee 
shall be based on the number of line items, and may 
not exceed $20 per line item, notwithstanding sub-
section (b). The liability for the fee constitutes a 
personal debt due to the United States, and such li-
ability accrues on the date on which the food is im-
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ported into the United States. The Secretary and 
the Commissioner may coordinate with and seek the 
cooperation of other agencies of the Federal Govern-
ment regarding the collection of such fees. 
(b) TOTAL FEE REVENUES.—The total fee revenues 
collected under subsection (a) for a fiscal year shall be 
the amount appropriated under subsection (f)(3). 
(c) ADJUSTMENTS.— 
(1) INFLATION ADJUSTMENT.—With respect to 
the amount of total fee revenues referred to in sub-
section (b), the amount authorized in subsection 
(f)(3) for a fiscal year shall be adjusted by the Sec-
retary and the Commissioner (and as adjusted shall 
be published in the Federal Register) to reflect the 
greater of— 
(A) the total percentage change that oc-
curred during the preceding fiscal year in the 
Consumer Price Index for all urban consumers 
(all items; U.S. city average); or 
(B) the total percentage change for such 
fiscal year in basic pay under the General 
Schedule in accordance with section 5332 of 
title 5, United States Code, as adjusted by any 
locality-based comparability payment pursuant 
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to section 5304 of such title for Federal em-
ployees stationed in the District of Columbia. 
(2) ANNUAL
FEE
ADJUSTMENT.—Not later 
than 60 days after the end of each fiscal year begin-
ning after fiscal year 2008, the Secretary and the 
Commissioner, subject to not exceeding the max-
imum fee amount specified in subsection (a)(3), 
shall adjust the amounts that otherwise would under 
subsection (a) be assessed as fees during the fiscal 
year in which the adjustment occurs so that the 
total revenues collected in such fees for such fiscal 
year equal the amount applicable pursuant to sub-
section (b) for the fiscal year. 
(d) FEE WAIVER OR REDUCTION.—The Secretary 
and the Commissioner shall grant a waiver from or a re-
duction of a fee assessed under subsection (a) where the 
Secretary and the Commissioner find that the fee to be 
paid will exceed the anticipated present and future costs 
incurred by the Secretary and the Commissioner in car-
rying out section 4 (which finding may be made by the 
Secretary and the Commissioner using standard costs). 
(e) ASSESSMENT OF FEES.— 
(1) LIMITATION.—Fees may not be assessed 
under subsection (a) for a fiscal year beginning after 
fiscal year 2008 unless the amount appropriated for 
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salaries and expenses of the Department of Agri-
culture and the Food and Drug Administration for 
such fiscal year is equal to or greater than the 
amount appropriated for salaries and expenses of 
the Food and Drug Administration for fiscal year 
2008 multiplied by the adjustment factor applicable 
to the fiscal year involved, except that in making de-
terminations under this paragraph for the fiscal 
years involved there shall be excluded any amounts 
collected as fees for purposes of funding the inspec-
tion of food or other items being imported. 
(2) AUTHORITY.—If the Secretary and the 
Commissioner do not assess fees under subsection 
(a) during any portion of a fiscal year because of 
paragraph (1) and if at a later date in such fiscal 
year the Secretary and the Commissioner may assess 
such fees, the Secretary and the Commissioner may 
assess and collect such fees, without any modifica-
tion in the rate of the fees, at any time in such fiscal 
year notwithstanding the provisions of subsection 
(a)(3) relating to the time at which fees are to be 
paid. 
(f) CREDITING AND AVAILABILITY OF FEES.— 
(1) IN GENERAL.—Fees collected for a fiscal 
year pursuant to subsection (a) shall be credited to 
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the appropriation accounts for salaries and expenses 
of the Department of Agriculture and the Food and 
Drug Administration and shall be available in ac-
cordance with appropriation Acts until expended 
without fiscal year limitation. Such sums as may be 
necessary may be transferred from the Department 
of Agriculture and the Food and Drug Administra-
tion salaries and expenses appropriation accounts 
without fiscal year limitation to such appropriation 
accounts for salaries and expenses with such fiscal 
year limitation. The sums transferred shall be avail-
able solely for carrying out section 4. 
(2) COLLECTIONS AND APPROPRIATION ACTS.— 
The fees authorized in subsection (a)— 
(A) shall be collected in each fiscal year in 
accordance with subsections (a)(3) and (b); and 
(B) shall only be collected and available for 
the purpose specified in subsection (a)(2). 
(3) AUTHORIZATION OF APPROPRIATIONS; AL-
LOCATIONS BY SECRETARY AND COMMISSIONER.— 
Subject to paragraph (4), there is authorized to be 
appropriated the amount determined by the Sec-
retary and the Commissioner under section 3(c) to 
be necessary to comply with section 4 for each of the 
fiscal years 2008 through 2012. 
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(4) OFFSET.—Any amount of fees collected for 
a fiscal year under subsection (a) that exceeds the 
amount of fees specified in appropriation Acts for 
such fiscal year shall be credited to the appropria-
tion accounts of the Department of Agriculture and 
the Food and Drug Administration as provided in 
paragraph (1), and shall be subtracted from the 
amount of fees that would otherwise be authorized 
to be collected under this section pursuant to appro-
priation Acts for a subsequent fiscal year. 
(g) COLLECTION OF UNPAID FEES.—In any case 
where the Secretary and the Commissioner do not receive 
payment of a fee assessed under subsection (a) within 30 
days after it is due, such fee shall be treated as a claim 
of the United States Government subject to subchapter 
II of chapter 37 of title 31, United States Code. 
(h) CONSTRUCTION.—This section may not be con-
strued as requiring that the number of full-time equivalent 
positions in the Department of Agriculture or the Depart-
ment of Health and Human Services, for officers, employ-
ees, and advisory committees not engaged in inspecting 
imported food be reduced to offset the number of officers, 
employees, and advisory committees so engaged. 
(i) DEFINITION
OF ADJUSTMENT FACTOR.—For 
purposes of this section, the term ‘‘adjustment factor’’ ap-
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plicable to a fiscal year is the Consumer Price Index for 
all urban consumers (all items; United States city average) 
for April of the preceding fiscal year divided by such Index 
for April 2007.’’. 
SEC. 6. PRIVATE CAUSE OF ACTION. 
(a) IN GENERAL.—Any person aggrieved by the fail-
ure of any food item to meet the level of safety assured 
in the certificate required for that food item under section 
2(a) may bring a civil action in a United States district 
court against the person who imported the food item. 
(b) DAMAGES.—In an action brought pursuant to 
subsection (a), the court may award actual damages, equi-
table relief, and any litigation costs reasonably incurred. 
SEC. 7. CRIMINAL PENALTIES. 
If any person imports a food item into the United 
States knowing that such food item does not comply with 
the assurance of safety for such food item in the certificate 
required for that food item under section 2(a), such person 
is deemed to be in violation of section 1001 of title 18, 
United States Code (relating to fraudulent and false state-
ments in any matter within the Government). 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Commissioner’’ means the Com-
missioner of Food and Drugs. 
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(2) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
Æ 
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