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•AMDT. NO. 4805 
(d) NO LIMIT
ON AUTHORITY.—Nothing in the 
amendments made by this section shall limit the authority 
of the Secretary to conduct inspections of imported food 
or to take such other steps as the Secretary deems appro-
priate to determine the admissibility of imported food. 
SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS. 
(a) IN GENERAL.—Section 801(m)(1) (21 U.S.C. 
381(m)(1)) is amended by inserting ‘‘any country to which 
the article has been refused entry;’’ after ‘‘the country 
from which the article is shipped;’’. 
(b) REGULATIONS.—Not later than 120 days after 
the date of enactment of this Act, the Secretary shall issue 
an interim final rule amending subpart I of part 1 of title 
21, Code of Federal Regulations, to implement the amend-
ment made by this section. 
(c) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 180 days after the date of 
enactment of this Act. 
SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERN-
MENTS WITH RESPECT TO FOOD SAFETY. 
(a) IN GENERAL.—The Secretary shall, not later 
than 2 years of the date of enactment of this Act, develop 
a comprehensive plan to expand the technical, scientific, 
and regulatory food safety capacity of foreign govern-
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•AMDT. NO. 4805 
ments, and their respective food industries, from which 
foods are exported to the United States. 
(b) CONSULTATION.—In developing the plan under 
subsection (a), the Secretary shall consult with the Sec-
retary of Agriculture, Secretary of State, Secretary of the 
Treasury, the Secretary of Homeland Security, the United 
States Trade Representative, and the Secretary of Com-
merce, representatives of the food industry, appropriate 
foreign government officials, nongovernmental organiza-
tions that represent the interests of consumers, and other 
stakeholders. 
(c) PLAN.—The plan developed under subsection (a) 
shall include, as appropriate, the following: 
(1) Recommendations for bilateral and multilat-
eral arrangements and agreements, including provi-
sions to provide for responsibility of exporting coun-
tries to ensure the safety of food. 
(2) Provisions for secure electronic data shar-
ing. 
(3) Provisions for mutual recognition of inspec-
tion reports. 
(4) Training of foreign governments and food 
producers on United States requirements for safe 
food. 
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•AMDT. NO. 4805 
(5) Recommendations on whether and how to 
harmonize 
requirements 
under 
the 
Codex 
Alimentarius. 
(6) Provisions for the multilateral acceptance of 
laboratory methods and testing and detection tech-
niques. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the regulation of dietary 
supplements under the Dietary Supplement Health and 
Education Act of 1994 (Public Law 103–417). 
SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES. 
(a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 et 
seq.), as amended by section 6302, is amended by insert-
ing at the end the following: 
‘‘SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES. 
‘‘(a) INSPECTION.—The Secretary— 
‘‘(1) may enter into arrangements and agree-
ments with foreign governments to facilitate the in-
spection of foreign facilities registered under section 
415; and 
‘‘(2) shall direct resources to inspections of for-
eign facilities, suppliers, and food types, especially 
such facilities, suppliers, and food types that present 
a high risk (as identified by the Secretary), to help 
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•AMDT. NO. 4805 
ensure the safety and security of the food supply of 
the United States. 
‘‘(b) EFFECT OF INABILITY TO INSPECT.—Notwith-
standing any other provision of law, food shall be refused 
admission into the United States if it is from a foreign 
factory, warehouse, or other establishment of which the 
owner, operator, or agent in charge, or the government 
of the foreign country, refuses to permit entry of United 
States inspectors or other individuals duly designated by 
the Secretary, upon request, to inspect such factory, ware-
house, or other establishment. For purposes of this sub-
section, such an owner, operator, or agent in charge shall 
be considered to have refused an inspection if such owner, 
operator, or agent in charge does not permit an inspection 
of a factory, warehouse, or other establishment during the 
24-hour period after such request is submitted, or after 
such other time period, as agreed upon by the Secretary 
and the foreign factory, warehouse, or other establish-
ment.’’. 
(b) INSPECTION
BY
THE
SECRETARY
OF
COM-
MERCE.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in coordination with the Secretary of Health and 
Human Services, may send 1 or more inspectors to 
a country or facility of an exporter from which sea-
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•AMDT. NO. 4805 
food imported into the United States originates. The 
inspectors shall assess practices and processes used 
in connection with the farming, cultivation, har-
vesting, preparation for market, or transportation of 
such seafood and may provide technical assistance 
related to such activities. 
(2) INSPECTION REPORT.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services, in coordination 
with the Secretary of Commerce, shall— 
(i) prepare an inspection report for 
each inspection conducted under paragraph 
(1); 
(ii) provide the report to the country 
or exporter that is the subject of the re-
port; and 
(iii) provide a 30-day period during 
which the country or exporter may provide 
a rebuttal or other comments on the find-
ings of the report to the Secretary of 
Health and Human Services. 
(B) DISTRIBUTION
AND
USE
OF
RE-
PORT.—The Secretary of Health and Human 
Services shall consider the inspection reports 
described in subparagraph (A) in distributing 
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