ister a list of the contaminants in foods that have 
the greatest adverse impact on public health in 
terms of the number and severity of illnesses and 
number of deaths associated with foods regulated 
under this Act. Where appropriate, the Adminis-
trator shall indicate whether the risk posed by a con-
taminant is generalized or specific to particular 
foods or ingredients. 
(2) PERFORMANCE STANDARDS.— 
(A) ESTABLISHMENT.—The Administrator 
shall establish by guidance document, action 
level, or regulation a performance standard for 
each contaminant in the list under paragraph 
(1) at levels appropriate to protect against the 
potential adverse health effects of the contami-
nant. 
(B) TIMING.—The Administrator shall es-
tablish a performance standard under subpara-
graph (A) for each contaminant in the list 
under paragraph (1)— 
(i) as soon as practicable; or 
(ii) in the case of a contaminant de-
scribed in subparagraph (C), by the date 
described in such subparagraph. 
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(C) SIGNIFICANT
CONTAMINANTS.—The 
list under paragraph (1) (and any revision 
thereto) shall identify the 5 most significant 
contaminants in the list (in terms of the num-
ber and severity of illnesses and number of 
deaths associated with foods regulated under 
this Act). Not later than 3 years after a con-
taminant is so identified, the Administrator 
shall promulgate a performance standard under 
subparagraph (A) for the contaminant. 
(3) REVIEW; REVISION.—Not less than every 3 
years, the Administrator shall review and, if nec-
essary, revise— 
(A) the list of contaminants under para-
graph (1); and 
(B) each performance standard established 
under paragraph (2). 
(c) PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The performance standards 
established under this section may include— 
(A) health-based standards that set the 
level of a contaminant that can safely and law-
fully be present in food; 
(B) zero tolerances, including any zero tol-
erance performance standards in effect on the 
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day before the date of the enactment of this 
Act, when necessary to protect against signifi-
cant adverse health outcomes; 
(C) process standards, such as log reduc-
tion criteria for cooked products, when suffi-
cient to ensure the safety of processed food; and 
(D) in the absence of data to support a 
performance standard described in subpara-
graph (A), (B), or (C), standards that define 
required performance on the basis of reliable in-
formation on the best reasonably achievable 
performance, using best available technologies, 
interventions, and practices. 
(2) BEST REASONABLY ACHIEVABLE PERFORM-
ANCE
STANDARDS.—In developing best reasonably 
achievable performance standards under paragraph 
(1)(D), the Administrator shall collect, or contract 
for the collection of, data on current best practices 
and food safety outcomes related to the contami-
nants and foods in question, as the Administrator 
determines necessary. 
(3) REVOCATION BY ADMINISTRATOR.—All per-
formance standards, tolerances, action levels, or 
other similar standards in effect on the date of the 
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enactment of this Act shall remain in effect until re-
vised or revoked by the Administrator. 
(d) ENFORCEMENT.— 
(1) IN GENERAL.—In conjunction with the es-
tablishment of a performance standard under this 
section, the Administrator shall develop a statis-
tically valid sampling program with the stringency 
and frequency sufficient to independently monitor 
whether food establishments are complying with the 
performance standard and implement the program 
within 1 year of the promulgation of the standard. 
(2) INSPECTIONS.—If the Administrator deter-
mines that a food establishment fails to meet a 
standard promulgated under this section, the Ad-
ministrator shall, as appropriate— 
(A) detain, seize, or condemn food from 
the food establishment under section 402; 
(B) order a recall of food from the food es-
tablishment under section 403; 
(C) increase the inspection frequency for 
the food establishment; 
(D) withdraw the mark of inspection from 
the food establishment, if in use; or 
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(E) take other appropriate enforcement ac-
tion concerning the food establishment, includ-
ing withdrawal of registration. 
(e) NEWLY IDENTIFIED CONTAMINANTS.—Notwith-
standing any other provision of this section, the Adminis-
trator shall establish interim performance standards for 
newly identified contaminants as necessary to protect the 
public health. 
SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS. 
(a) IN GENERAL.—The Administrator shall establish 
an inspection program, which shall include statistically 
valid sampling of food and facilities to enforce perform-
ance standards. The inspection program shall be designed 
to determine if each food establishment— 
(1) is operated in a sanitary manner; 
(2) has continuous preventive control systems, 
interventions, and processes in place to minimize or 
eliminate contaminants in food; 
(3) is in compliance with applicable perform-
ance standards established under section 204, and 
other regulatory requirements; 
(4) is processing food that is not adulterated or 
misbranded; 
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(5) maintains records of process control plans 
under section 203, and other records related to the 
processing, sampling, and handling of food; and 
(6) is otherwise in compliance with the require-
ments of the food safety law. 
(b) ESTABLISHMENT CATEGORIES AND INSPECTION 
FREQUENCIES.—The resource plan required under section 
209, including the description of resources required to 
carry out inspections of food establishments, shall be 
based on the following categories and inspection fre-
quencies, subject to subsections (c), (d), and (e): 
(1) CATEGORY 1 FOOD ESTABLISHMENTS.—A 
category 1 food establishment shall be subject to 
antemortem, postmortem, and continuous inspection 
of each slaughter line during all operating hours, 
and other inspection on a daily basis, sufficient to 
verify that— 
(A) diseased animals are not offered for 
slaughter; 
(B) the food establishment has successfully 
identified and removed from the slaughter line 
visibly defective or contaminated carcasses, has 
avoided cross-contamination, and has destroyed 
or reprocessed such carcasses in a manner ac-
ceptable to the Administrator; and 
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(C) applicable performance standards and 
other provisions of the food safety law, includ-
ing those intended to eliminate or reduce patho-
gens, have been satisfied. 
(2) CATEGORY 2 FOOD ESTABLISHMENTS.—A 
category 2 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
(B) be randomly inspected at least weekly. 
(3) CATEGORY 3 FOOD ESTABLISHMENTS.—A 
category 3 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
(B) be randomly inspected at least month-
ly. 
(4) CATEGORY 4 FOOD ESTABLISHMENTS.—A 
category 4 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
(B) be randomly inspected at least quar-
terly. 
(5) CATEGORY 5 FOOD ESTABLISHMENTS.—A 
category 5 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
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(B) be randomly inspected at least annu-
ally. 
(c) 
ESTABLISHMENT
OF
INSPECTION
PROCE-
DURES.—The Administrator shall establish procedures 
under which inspectors shall take random samples, photo-
graphs, and copies of records in food establishments. 
(d) ALTERNATIVE
INSPECTION
FREQUENCIES.— 
With respect to a subcategory of food establishment under 
category 2, 3, 4, or 5, the Administrator may establish 
alternative increasing or decreasing inspection frequencies 
for subcategories of food establishments or individual es-
tablishments, to foster risk-based allocation of resources. 
Before establishing an alternative inspection frequency for 
a subcategory of food establishments or individual estab-
lishments, the Administrator shall take into consideration 
the evidence described in paragraph (2)(D) and the overall 
record of compliance described in paragraph (2)(E) for 
such subcategory. In establishing alternative inspection 
frequencies under this subsection, the Administrator shall 
comply with the following criteria and procedures: 
(1) Subcategories of food establishments and 
their alternative inspection frequencies shall be de-
fined by regulation, subject to paragraphs (2) and 
(3). 
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(2) In defining subcategories of food establish-
ments and their alternative inspection frequencies 
under paragraphs (1) and (2), the Administrator 
shall consider— 
(A) the nature of the food products being 
processed, stored, or transported; 
(B) the manner in which food products are 
processed, stored, or transported; 
(C) the inherent likelihood that the prod-
ucts will contribute to the risk of food-borne ill-
ness; 
(D) the best available evidence concerning 
reported illnesses associated with the foods 
processed, stored, held, or transported in the 
proposed subcategory of establishments; and 
(E) the overall record of compliance with 
food safety law among establishments in the 
proposed subcategory, including compliance 
with applicable performance standards and the 
frequency of recalls. 
(3) The Administrator may adopt alternative 
inspection frequencies for increased or decreased in-
spection for a specific establishment and shall annu-
ally publish a list of establishments subject to alter-
native inspections. 
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(4) In adopting alternative inspection fre-
quencies for a specific establishment, the Adminis-
trator shall consider— 
(A) the criteria in paragraph (2), together 
with any evidence submitted from the individual 
food establishment supporting a request for an 
alternative inspection frequency, including the 
establishment’s record for implementing effec-
tive preventive process control systems; 
(B) whether products from the specific es-
tablishment have been associated with a case or 
an outbreak of food-borne illness; and 
(C) the establishment’s record of compli-
ance with food safety law, including compliance 
with applicable performance standards and the 
frequency of recalls. 
(e) EFFECTIVE DATE.—The inspection mandates 
shall go into effect 2 years after the date of the enactment 
of this Act. 
(f) 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-
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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 transferred to the 
Administrator pursuant to section 102, 
upon presentation of appropriate creden-
tials and at reasonable times and in a rea-
sonable manner, to have access to and 
copy all records maintained by or on behalf 
of such food establishment representative 
in any format (including paper or elec-
tronic) and at any location, that are nec-
essary 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. 
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(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 adulterated or misbranded, or 
otherwise fails to meet the requirements of this 
Act. 
(g) PROTECTION OF SENSITIVE INFORMATION.— 
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(1) IN GENERAL.—The Administrator shall de-
velop and maintain procedures to prevent the unau-
thorized disclosure of any trade secret or commer-
cially valuable confidential information obtained by 
the Administrator. 
(2) LIMITATION.—The requirements under this 
subsection and subsection (f) do 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, or personnel data; 
(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. 
(h) BRIBERY OF OR GIFTS TO INSPECTOR OR OTHER 
OFFICERS AND ACCEPTANCE OF GIFTS.—Any person or 
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agent or employee thereof that gives, pays, or offers, di-
rectly or indirectly, to the Administrator or any employee 
or other designee thereof authorized to perform any duty 
under the food safety law any money or other thing of 
value, with intent to influence the discharge of any duty 
under such law, shall be imprisoned for not more than 5 
years, fined in accordance with title 18, United States 
Code, or both. Any Administrator, employee, or other des-
ignee that solicits or accepts any money or other thing 
of value from any person, with intent to influence the dis-
charge of any duty under the food safety law, shall be 
summarily discharged from office and imprisoned for not 
more than 5 years, fined in accordance with title 18, 
United States Code, or both. 
SEC. 206. FOOD PRODUCTION FACILITIES. 
(a) AUTHORITIES.—In carrying out the duties of the 
Administrator and the purposes of this Act, the Adminis-
trator shall have the authority, with respect to food pro-
duction facilities, to— 
(1) visit and inspect food production facilities in 
the United States and in foreign countries to deter-
mine if they are operating in compliance with the re-
quirements of the food safety law; 
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(2) review food safety records as required to be 
kept by the Administrator under section 210 and for 
other 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. 
(b) INSPECTION OF RECORDS.—A food production 
facility shall permit the Administrator upon presentation 
of appropriate credentials and at reasonable times and in 
a reasonable manner, to have access to and ability to copy 
all records maintained by or on behalf of such food pro-
duction establishment in any format (including paper or 
electronic) and at any location, that are necessary to assist 
the Administrator— 
(1) to determine whether the food is contami-
nated, adulterated, or otherwise not in compliance 
with the food safety law; or 
(2) to track the food in commerce. 
(c) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this Act, the Administrator, in 
consultation with the Secretary of Agriculture and rep-
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resentatives of State departments of agriculture, shall pro-
mulgate regulations to establish science-based minimum 
standards for the safe production of food by food produc-
tion facilities. Such regulations shall— 
(1) consider all relevant hazards, including 
those occurring naturally, and those that may be un-
intentionally or intentionally introduced; 
(2) require each food production facility to have 
a written food safety plan that describes the likely 
hazards and preventive controls implemented to ad-
dress those hazards; 
(3) include, with respect to growing, harvesting, 
sorting, and storage operations, minimum standards 
related to fertilizer use, nutrients, hygiene, pack-
aging, temperature controls, animal encroachment, 
and water; 
(4) include, with respect to animals raised for 
food, minimum standards related to the animal’s 
health, feed, and environment which bear on the 
safety of food for human consumption; 
(5) provide a reasonable period of time for com-
pliance, taking into account the needs of small busi-
nesses for additional time to comply; 
(6) provide for coordination of education and 
enforcement activities by State and local officials, as 
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designated by the Governors of the respective States; 
and 
(7) include a description of the variance process 
under subsection (d) and the types of permissible 
variances which the Administrator may grant under 
such process. 
(d) VARIANCES.—States and foreign countries that 
export produce intended for consumption in the United 
States may request from the Administrator variances from 
the requirements of the regulations under subsection (c). 
A request shall— 
(1) be in writing; 
(2) describe the reasons the variance is nec-
essary; 
(3) describe the procedures, processes, and 
practices that will be followed under the variance to 
ensure produce is not adulterated; and 
(4) contain any other information required by 
the Administrator. 
(e) APPROVAL OR DISAPPROVAL OF VARIANCES.—If 
the Administrator determines after review of a request 
under subsection (d) that the requested variance provides 
equivalent protections to those promulgated under sub-
section (c), the Administrator may approve the request. 
The Administrator shall deny a request if it is— 
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(1) not sufficiently detailed to permit a deter-
mination; 
(2) fails to cite sufficient grounds for allowing 
a variance; or 
(3) does not provide reasonable assurances that 
the produce will not be adulterated. 
(f) ENFORCEMENT.—The Administrator may coordi-
nate with the agency or department designated by the 
Governor of each State to perform activities to ensure 
compliance with this section. 
(g) IMPORTED PRODUCE.—Not later than 1 year 
after the date of the enactment of this Act, the Adminis-
trator shall promulgate regulations to ensure that raw ag-
ricultural commodities and minimally processed produce 
imported into the United States can meet standards for 
food safety, inspection, labeling, and consumer protection 
that are at least equal to standards applicable to such 
commodities and produce produced in the United States. 
SEC. 207. FEDERAL AND STATE COOPERATION. 
(a) IN GENERAL.— 
(1) 
AUTHORITY.—The 
Administrator 
shall 
strengthen and expand food-borne illness surveil-
lance systems to— 
(A) inform and evaluate efforts to prevent 
food-borne illness; and 
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(B) enhance the identification and inves-
tigation of, and response to, food-borne illness 
outbreaks. 
(2) FOOD-BORNE
ILLNESS
OUTBREAK.—For 
purposes of this section, the term ‘‘foodborne illness 
outbreak’’ means the occurrence of 2 or more cases 
of a similar illness resulting from the ingestion of a 
common food. 
(b) FOOD-BORNE
ILLNESS
SURVEILLANCE
SYS-
TEMS.—The Administrator, in collaboration with the Cen-
ters for Disease Control and Prevention, shall enhance 
food-borne illness surveillance systems to improve the col-
lection, analysis, reporting, and usefulness of data on food- 
borne illnesses by— 
(1) coordinating food-borne illness surveillance 
systems, including complaint systems, in order to— 
(A) produce better information on illnesses 
associated with foods, including sources and 
risk factors for infections by emerging patho-
gens; and 
(B) facilitate sharing of data acquisition 
and findings on a more timely basis among gov-
ernmental agencies, including the Food Safety 
Administration, the Food Safety and Inspection 
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Service, and State and local agencies, and with 
the public; 
(2) augmenting such systems to improve attri-
bution of a food-borne illness outbreak to a specific 
food; 
(3) developing improved epidemiological tools 
for obtaining quality exposure data, microbiological 
methods for classifying cases and detecting clusters, 
and improved tracebacks to rapidly and specifically 
identify contaminated food products; 
(4) expanding capacity of such systems for im-
plementation of fingerprinting strategies for food- 
borne infectious agents, including parasites and hep-
atitis A, in order to increase pathogen discovery ef-
forts to identify new or rarely documented causes of 
food-borne illness; 
(5) allowing timely public access to de-identi-
fied, aggregate surveillance data; 
(6) at least annually, publishing current reports 
on findings from such systems; 
(7) exploring establishment of registries for 
long-term case follow-up to better characterize late 
complications of food-borne illness; 
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(8) increasing participation in national net-
works of public health and food regulatory agencies 
and laboratories to— 
(A) allow public health officials at the Fed-
eral, State, and local levels to share and accept 
laboratory analytic findings; and 
(B) identify food-borne illness outbreaks 
and attribute such outbreaks to specific foods 
through submission of standardized molecular 
subtypes (also known as ‘‘fingerprints’’) of 
food-borne illness pathogens to a centralized 
database; and 
(9) establishing a flexible mechanism for rapidly 
supporting scientific research by academic centers of 
excellence, which may include staff representing aca-
demic clinical researchers, food microbiologists, ani-
mal and plant disease specialists, ecologists, and 
other allied disciplines. 
(c) IMPROVING STATE SURVEILLANCE CAPACITY.— 
The Administrator, in collaboration with the Director of 
the Centers for Disease Control and Prevention, shall im-
prove capacity for surveillance in the States by— 
(1) supporting outbreak investigations with 
needed specialty expertise, including epidemiological, 
microbiological, and environmental expertise, to as-
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sist identification of underlying common sources and 
contributing factors; 
(2) identifying, disseminating, and supporting 
implementation of model practices at the State and 
local level for— 
(A) facilitating rapid shipment of clinical 
isolates from clinical laboratories to State pub-
lic health laboratories to avoid delays in testing; 
(B) conducting rapid and more standard-
ized interviewing of cases associated with major 
enteric pathogens, including prior to designa-
tion of clusters as food-borne illness outbreaks; 
(C) conducting and evaluating rapid and 
standardized interviews of healthy control per-
sons; 
(D) sharing information on a timely 
basis— 
(i) within public health and food regu-
latory agencies; 
(ii) among such agencies; 
(iii) with the food industry; 
(iv) with healthcare providers; and 
(v) with the public; 
(3) developing, regularly updating, and dissemi-
nating training curricula on food-borne illness sur-
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veillance investigations, including standard sampling 
methods and laboratory procedures; 
(4) integrating new molecular diagnostic tools 
for parasites into web-based consultation services for 
parasitic infections to accelerate the identification of 
these food-borne infectious agents; 
(5) supporting research to develop and deploy 
new subtyping methods for salmonella, E. coli, 
campylobacter, and other pathogens, to increase the 
speed and accuracy of diagnoses; 
(6) determining minimum core competencies for 
public health laboratories, and developing self-eval-
uation and proficiency-testing tools for such labora-
tories; 
(7) facilitating regional public health laboratory 
partnerships to leverage resources, including equip-
ment and physical space, and increase surge capac-
ity; 
(8) providing technical assistance, which may 
include the detailing of officers and employees of the 
Administrator, to State and local public health and 
food regulatory agencies; 
(9) partnering with the Food Safety Adminis-
tration to increase communication, coordination, and 
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integration of food-borne illness surveillance and 
outbreak investigation activities; and 
(10) developing and periodically updating re-
sponse and interview procedures so that such proce-
dures are standardized and tested. 
(d) PROGRAM ACTIVITIES.—The Administrator shall 
carry out activities to support core food safety functions 
of State and local public health laboratories, including— 
(1) establishing fellowships, stipends, and schol-
arships to address critical workforce shortages; 
(2) training and coordination of State and local 
personnel; 
(3) establishing partnerships between private 
and public laboratories to facilitate sharing of posi-
tive enteric specimens and improve surge capacity; 
(4) strengthening capacity to participate in ex-
isting or new food-borne illness surveillance systems; 
and 
(5) purchasing and maintaining data systems 
hardware and software and laboratory equipment. 
(e) PLAN TO IMPROVE FOOD SAFETY CAPACITY AT 
THE STATE AND LOCAL LEVEL.— 
(1) GOALS.—The Administrator shall leverage 
and enhance the food safety capacity and roles of 
State and local agencies and integrate State and 
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local agencies as fully as possible into national food 
safety efforts, in order to achieve the following goals: 
(A) Improve food-borne illness outbreak re-
sponse and containment. 
(B) Improve the contribution of food-borne 
illness surveillance and investigation to the pre-
vention of food-borne illness. 
(C) Strengthen oversight of food safety at 
the retail level. 
(D) Strengthen the capacity of State and 
local agencies to carry out inspections and en-
force safety standards in food processing estab-
lishments, as part of a national strategy and 
plan to provide an adequate level of inspection 
and achieve compliance with safety standards in 
such establishments. 
(E) Make more effective use of the Na-
tion’s combined food safety resources to reduce 
the burden of food-borne illness. 
(2) SURVEY.—In preparation for development 
of the plan required by paragraph (3), the Adminis-
trator shall, not later than 1 year after the date of 
enactment of this part, complete a survey of State 
and local capacities, and needs for enhancement, 
with respect to— 
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(A) staffing levels and expertise available 
to perform food safety functions; 
(B) laboratory capacity to support surveil-
lance, outbreak response, inspection, and en-
forcement activities; 
(C) information systems to support data 
management and sharing of food safety infor-
mation among State and local agencies and 
with counterparts at the Federal level; 
(D) legal authorities of State and local 
agencies to support the roles of such agencies 
in a national food safety system; and 
(E) organizational arrangements for man-
aging and coordinating food safety activities. 
(3) PLAN.—Taking into account the goals es-
tablished in paragraph (1), results from the survey 
required in paragraph (2), and consultations with 
State and local agencies and other food safety stake-
holders, the Administrator shall, not later than 2 
years after the date of enactment of this part, de-
velop, publish, and begin implementation of a plan 
that includes the following elements: 
(A) Criteria for assessing the adequacy of 
State and local capacity to perform food safety 
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functions as part of a national food safety sys-
tem. 
(B) Priorities for enhancing the capacity of 
State and local agencies. 
(C) Action plans for meeting the highest 
priority capacity needs, including budget re-
quirements and financing plans that take into 
account Federal, State, and local resources. 
(D) Improved coordination and informa-
tion flow among Federal, State, and local agen-
cies to strengthen food-borne illness surveil-
lance, outbreak response, and investigation and 
to ensure that agencies at all levels have the in-
formation on origins and causes of food-borne 
illness that such agencies need to plan preven-
tive measures. 
(E) Integration of the inspection and com-
pliance programs in food processing establish-
ments of the Food Safety Administration and 
State and local agencies, including— 
(i) joint planning and priority setting 
to ensure that the collective effort has the 
greatest possible impact on achieving com-
pliance with food safety standards and re-
ducing food-borne illness; 
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(ii) elimination of barriers to the free 
flow of information among the Food Safety 
Administration and State and local agen-
cies with respect to inspection and compli-
ance programs and integration of State 
and Federal inspection and laboratory data 
systems; 
(iii) steps to expand, and ensure the 
vigor and consistency of, State inspection 
of processing establishments under con-
tract to the Food Safety Administration; 
and 
(iv) reliance by the Food Safety Ad-
ministration on State inspection and food 
sample analyses in Federal enforcement 
activities. 
(4) 
FOOD
SAFETY
CAPACITY
BUILDING 
GRANTS.—The Administrator shall make grants to 
State and local agencies to enhance State and local 
food safety capacity and programs and support 
achievement of the goals established in paragraph 
(1). In awarding such grants, the Administrator 
shall take into account the criteria and priorities es-
tablished by the Administrator under paragraph (3). 
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(f) WITHDRAWAL OF ACCREDITATION.—The Admin-
istrator may withdraw accreditation from a foreign gov-
ernment or certifying agent— 
(1) if food approved by the foreign government 
or certifying agent is linked to an outbreak of 
human illness; 
(2) following an investigation and finding by 
the Administrator that the programs of the foreign 
government, or a foreign food establishment certified 
by the certifying agent, are no longer equal to those 
applied to food grown, manufactured, processed, 
packed, or held 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 ensure continued compliance 
with the requirements of this section. 
(g) RENEWAL OF ACCREDITATION.—The Adminis-
trator shall audit foreign governments and certifying 
agents whenever needed, but no less than once every 3 
years, to ensure the continued compliance with the re-
quirements set forth in this section. Renewal of accredita-
tion shall occur following each satisfactory audit. 
(h) REQUIRED ROUTINE INSPECTION.—The Admin-
istrator shall routinely inspect food before or at entry into 
the United States to ensure ongoing compliance with food 
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