I 
114TH CONGRESS 
1ST SESSION 
H. R. 609 
To establish the Food Safety Administration to protect the public health 
by preventing foodborne illness, ensuring the safety of food, improving 
research on contaminants leading to foodborne illness, and improving 
security of food from intentional contamination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2015 
Ms. DELAURO (for herself, Ms. LEE, Ms. SLAUGHTER, Ms. NORTON, Mr. 
LANGEVIN, Mr. RUSH, Mr. RANGEL, and Mr. MCDERMOTT) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Agriculture, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish the Food Safety Administration to protect the 
public health by preventing foodborne illness, ensuring 
the safety of food, improving research on contaminants 
leading to foodborne illness, and improving security of 
food from intentional contamination, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Safe Food Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purposes. 
Sec. 3. Definitions. 
TITLE I—ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION 
Sec. 101. Establishment of food safety administration. 
Sec. 102. Consolidation of separate food safety and inspection services and 
agencies. 
Sec. 103. Additional duties of the administration. 
TITLE II—ADMINISTRATION OF FOOD SAFETY PROGRAM 
Sec. 201. Administration of national program. 
Sec. 202. Registration of food facilities. 
Sec. 203. Preventive process controls to reduce adulteration of food. 
Sec. 204. Performance standards for contaminants in food. 
Sec. 205. Inspections of food facilities. 
Sec. 206. Food production establishments. 
Sec. 207. Federal and State cooperation. 
Sec. 208. Foreign supplier verification program. 
Sec. 209. Imports. 
Sec. 210. Traceback. 
Sec. 211. Food safety technology. 
TITLE III—RESEARCH AND EDUCATION 
Sec. 301. Public health assessment system. 
Sec. 302. Public education and advisory system. 
Sec. 303. Research. 
TITLE IV—ENFORCEMENT 
Sec. 401. Prohibited acts. 
Sec. 402. Mandatory recall authority. 
Sec. 403. Injunction proceedings. 
Sec. 404. Civil and criminal penalties. 
Sec. 405. Presumption. 
Sec. 406. Whistleblower protection. 
Sec. 407. Administration and enforcement. 
Sec. 408. Citizen civil actions. 
TITLE V—IMPLEMENTATION 
Sec. 501. Definition. 
Sec. 502. Reorganization plan. 
Sec. 503. Transitional authorities. 
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Sec. 504. Savings provisions. 
Sec. 505. Conforming amendments. 
Sec. 506. Additional technical and conforming amendments. 
Sec. 507. Regulations. 
Sec. 508. Authorization of appropriations. 
Sec. 509. Limitation on authorization of appropriations. 
Sec. 510. Effective date. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the safety of the food supply of the United 
States is vital to the public health, to public con-
fidence in the food supply, and to the success of the 
food sector of the Nation’s economy; 
(2) lapses in the protection of the food supply 
and loss of public confidence in food safety are dam-
aging to consumers and the food industry, and place 
a burden on interstate commerce; 
(3) the safety and security of the food supply 
requires an integrated, systemwide approach to pre-
venting foodborne illness, a thorough and broad- 
based approach to basic and applied research, and 
intensive, effective, and efficient management of the 
Nation’s food safety program; 
(4) the task of preserving the safety of the food 
supply of the United States faces tremendous pres-
sures with regard to— 
(A) emerging pathogens and other con-
taminants and the ability to detect all forms of 
contamination; 
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(B) an aging and immune-compromised 
population, with a growing number of people at 
high risk for foodborne illnesses, including in-
fants and children; 
(C) a concern regarding food fraud for eco-
nomic gain, especially with mislabeling and in-
tentionally misleading claims; 
(D) an increasing volume of imported food, 
without adequate monitoring and inspection; 
and 
(E) maintenance of rigorous inspection of 
the domestic food processing and food service 
industries; 
(5) Federal food safety standard setting, in-
spection, enforcement, and research efforts should be 
based on the best available science and public health 
considerations and food safety resources should be 
systematically deployed in ways that most effectively 
prevent foodborne illness; 
(6) the Federal food safety system is frag-
mented, with at least 15 Federal agencies sharing 
responsibility for food safety, and operates under 
laws that do not reflect current conditions in the 
food system or current scientific knowledge about 
the cause and prevention of foodborne illness; 
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(7) the fragmented Federal food safety system 
and outdated laws preclude an integrated, system-
wide approach to preventing foodborne illness, to the 
effective and efficient operation of the Nation’s food 
safety program, and to the most beneficial deploy-
ment of food safety resources; 
(8) the National Academy of Sciences rec-
ommended in the report ‘‘Ensuring Safe Food from 
Production to Consumption’’ that Congress establish 
by statute a unified and central framework for man-
aging Federal food safety programs, and rec-
ommended modifying Federal statutes so that in-
spection, enforcement, and research efforts are 
based on scientifically supportable assessments of 
risks to public health; and 
(9) the lack of a single focal point for food safe-
ty leadership in the United States undercuts the 
ability of the United States to exert food safety lead-
ership internationally, which is detrimental to the 
public health and the international trade interests of 
the United States. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to establish a single agency to be known as 
the ‘‘Food Safety Administration’’ to— 
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(A) regulate food safety and related label-
ing to strengthen the protection of the public 
health; 
(B) ensure that food facilities fulfill their 
responsibility to produce food in a manner that 
protects the public health of all people in the 
United States; 
(C) lead an integrated, systemwide ap-
proach to food safety and to make more effec-
tive and efficient use of resources to prevent 
foodborne illness; 
(D) provide a single focal point for food 
safety leadership, both nationally and inter-
nationally; and 
(E) provide an integrated food safety re-
search capability, utilizing internally generated, 
scientifically and statistically valid studies, in 
cooperation with academic institutions and 
other scientific entities of the Federal and State 
governments, to achieve the continuous im-
provement of research on foodborne illness and 
contaminants; 
(2) to transfer to the Food Safety Administra-
tion the food safety, labeling, inspection, and en-
forcement functions that, as of the day before the ef-
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fective date of this Act, are performed by other Fed-
eral agencies; and 
(3) to modernize and strengthen the Federal 
food safety laws to achieve more effective application 
and efficient management of the laws for the protec-
tion and improvement of public health. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Food Safety Administration estab-
lished under section 101(a)(1). 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of Food Safety ap-
pointed under section 101(a)(3). 
(3) ADULTERATED.— 
(A) IN
GENERAL.—The term ‘‘adulter-
ated’’ has the meaning given such term in— 
(i) section 402 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 342) 
for food regulated under such Act; 
(ii) section 1(m) of the Federal Meat 
Inspection Act (21 U.S.C. 601(m)) for 
food regulated under such Act; 
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(iii) section 4(g) of the Poultry Prod-
ucts Inspection Act (21 U.S.C. 453(g)) for 
food regulated under such Act; and 
(iv) section 4(a) of the Egg Products 
Inspection Act (21 U.S.C. 1033(a)) for 
food regulated under such Act. 
(B) INCLUSION.—In applying the defini-
tions cited in subparagraph (A), poisonous or 
deleterious substances in food shall be treated 
as an added substance if the poisonous or dele-
terious substances are known to cause serious 
illness or death in persons, including in sen-
sitive populations. 
(4) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(5) CATEGORY
FOOD
FACILITY.—The term 
‘‘category 1 food facility’’ means a facility that 
slaughters animals for food. 
(6) CATEGORY
FOOD
FACILITY.—The term 
‘‘category 2 food facility’’ means a facility that proc-
esses— 
(A) raw meat, poultry, or seafood in a 
manner that may reduce but is not validated to 
destroy contaminants; or 
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(B) other products that the Administrator 
determines by regulation to be at high risk of 
contamination. 
(7) CATEGORY
FOOD
FACILITY.—The term 
‘‘category 3 food facility’’ means a facility— 
(A) that processes meat, poultry, or sea-
food, or other products that the Administrator 
determines by regulation to be at high risk of 
contamination; and 
(B) whose processes include one or more 
steps validated to destroy contaminants. 
(8) CATEGORY
FOOD
FACILITY.—The term 
‘‘category 4 food facility’’ means a facility that proc-
esses food but is not a category 1, 2, or 3 food facil-
ity. 
(9) CATEGORY
FOOD
FACILITY.—The term 
‘‘category 5 food facility’’ means a facility that 
stores, holds, or transports food prior to delivery for 
retail sale. 
(10) CONTAMINANT.—The term ‘‘contaminant’’ 
includes biological, chemical, physical, or radiological 
hazards, natural toxins, pesticides, drug residues, 
decomposition, parasites, allergens, and unapproved 
food or color additives. 
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(11) CONTAMINATION.—The term ‘‘contamina-
tion’’ refers to a presence of a contaminant in food, 
which may occur naturally or be introduced into a 
food. 
(12) FEED FACILITY.—The term ‘‘feed facility’’ 
means a domestic or foreign feed manufacturer, 
processor, packer, warehouse, or other facility that— 
(A) if operating in the United States, man-
ufactures, slaughters, processes, or holds animal 
feed or feed ingredients; or 
(B) if operating elsewhere, manufactures, 
slaughters, processes, or holds animal feed or 
feed ingredients intended for consumption in 
the United States. 
(13) FOOD.— 
(A) IN
GENERAL.—The term ‘‘food’’ 
means a product intended to be used for food 
or drink for a human or an animal. 
(B) INCLUSIONS.—The term ‘‘food’’ in-
cludes any product (including a meat food prod-
uct, as defined in section 1(j) of the Federal 
Meat Inspection Act (21 U.S.C. 601(j))), capa-
ble for use as human and animal food that is 
made in whole or in part from any animal, in-
cluding cattle, sheep, swine, goat, or poultry (as 
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defined in section 4 of the Poultry Products In-
spection Act (21 U.S.C. 453)), and animal feed. 
(14) FOOD FACILITY.— 
(A) IN GENERAL.—The term ‘‘food facil-
ity’’ means a domestic or foreign food manufac-
turer, slaughterhouse, processor, packer, ware-
house, or other facility that— 
(i) if operating in the United States, 
manufactures, slaughters, processes, or 
holds food or food ingredients; or 
(ii) if operating outside the United 
States, manufactures, slaughters, proc-
esses, or holds food intended for consump-
tion in the United States. 
(B) EXCLUSIONS.—For the purposes of 
registration, the term ‘‘food facility’’ does not 
include— 
(i) a farm, restaurant, other retail 
food establishment, nonprofit food estab-
lishment in which food is prepared for or 
served directly to the consumer; or 
(ii) a fishing vessel (other than a fish-
ing vessel engaged in processing, as that 
term is defined in section 123.3(k) of title 
21, Code of Federal Regulations). 
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(15) FOOD
PRODUCTION
ESTABLISHMENT.— 
The term ‘‘food production establishment’’ means 
any farm, ranch, orchard, vineyard, aquaculture fa-
cility, or confined animal-feeding operation. 
(16) FOOD SAFETY LAW.—The term ‘‘food safe-
ty law’’ means— 
(A) the provisions of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) related to and requiring the safety, label-
ing, and inspection of food, infant formulas, 
food additives, pesticide residues, and other 
substances present in food under that Act; 
(B) the provisions of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) and of any other Act that are adminis-
tered by the Center for Veterinary Medicine of 
the Food and Drug Administration; 
(C) the Poultry Products Inspection Act 
(21 U.S.C. 451 et seq.); 
(D) the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.); 
(E) the FDA Food Safety Modernization 
Act (Public Law 111–353); 
(F) the Egg Products Inspection Act (21 
U.S.C. 1031 et seq.); 
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(G) the Sanitary Food Transportation Act 
of 1990 (49 U.S.C. App. 2801 et seq.); 
(H) chapter 57 of title 49, United States 
Code; 
(I) Public Law 85–765 (commonly known 
as the ‘‘Humane Methods of Slaughter Act of 
1958’’) (7 U.S.C. 1901 et seq.); 
(J) the provisions of this Act; and 
(K) such other provisions of law related to 
and requiring food safety, labeling, inspection, 
and enforcement as the President designates by 
Executive order as appropriate to include within 
the jurisdiction of the Administration. 
(17) 
INTERSTATE
COMMERCE.—The 
term 
‘‘interstate commerce’’ has the meaning given that 
term in section 201(b) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 321(b)). 
(18) MISBRANDED.—The term ‘‘misbranded’’ 
has the meaning given to it in— 
(A) section 403 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 343) for 
food regulated under such Act; 
(B) section 1(n) of the Federal Meat In-
spection Act (21 U.S.C. 601(n)) for food regu-
lated under such Act; 
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(C) section 4(h) of the Poultry Products 
Inspection Act (21 U.S.C. 453(h)) for food reg-
ulated under such Act; and 
(D) section 4(l) of the Egg Products In-
spection Act (21 U.S.C. 1033(l)) for food regu-
lated under such Act. 
(19) PROCESS.—The term ‘‘process’’ or ‘‘proc-
essing’’ means the commercial slaughter, packing, 
preparation, or manufacture of food. 
(20) SAFE.—The term ‘‘safe’’ refers to human 
and animal health. 
(21) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(22) 
VALIDATION.—The 
term 
‘‘validation’’ 
means the act of obtaining evidence that the process 
control measure or measures selected to control a 
contaminant in food is capable of effectively and 
consistently controlling the contaminant. 
(23) STATISTICALLY VALID.—The term ‘‘statis-
tically valid’’ means evaluated and conducted under 
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standards set by the National Institute of Standards 
and Technology. 
TITLE I—ESTABLISHMENT OF 
FOOD SAFETY ADMINISTRATION 
SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRA-
TION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
executive branch an agency to be known as the 
‘‘Food Safety Administration’’. 
(2) STATUS.—The Administration shall be an 
independent establishment (as defined in section 104 
of title 5, United States Code). 
(3) HEAD OF ADMINISTRATION.—The Adminis-
tration shall be headed by the Administrator of Food 
Safety, who shall be appointed by the President, by 
and with the advice and consent of the Senate. 
(b) DUTIES
OF ADMINISTRATOR.—The Adminis-
trator shall— 
(1) administer and enforce the food safety law; 
(2) serve as a representative to international 
food safety bodies and discussions; 
(3) promulgate regulations to ensure the secu-
rity of the food supply from all forms of contamina-
tion, including intentional contamination; and 
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(4) oversee— 
(A) implementation of Federal food safety 
inspection, labeling, enforcement, and research 
efforts to protect the public health; 
(B) development of consistent and science- 
based standards for safe food; 
(C) coordination and prioritization of food 
safety research and education programs with 
other Federal agencies; 
(D) prioritization of Federal food safety ef-
forts and deployment of Federal food safety re-
sources to achieve the greatest benefit in reduc-
ing foodborne illness; 
(E) coordination of the Federal response to 
foodborne illness outbreaks with other Federal 
and State agencies; and 
(F) integration of Federal food safety ac-
tivities with State and local agencies. 
SEC. 102. CONSOLIDATION OF SEPARATE FOOD SAFETY 
AND INSPECTION SERVICES AND AGENCIES. 
(a) TRANSFER OF FUNCTIONS.—For each Federal 
agency specified in subsection (b), there are transferred 
to the Administration all functions that the head of the 
Federal agency exercised on the day before the effective 
date of this Act (including all related functions of any offi-
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cer or employee of the Federal agency) that relate to ad-
ministration or enforcement of the food safety law, as de-
termined by the President. 
(b) TRANSFERRED AGENCIES.—The Federal agen-
cies referred to in subsection (a) are— 
(1) the Food Safety and Inspection Service of 
the Department of Agriculture; 
(2) the Center for Food Safety and Applied Nu-
trition of the Food and Drug Administration; 
(3) the part of the Agriculture Marketing Serv-
ice that administers shell egg surveillance services 
established under the Egg Products Inspection Act 
(21 U.S.C. 1031 et seq.); 
(4) the resources and facilities of the Office of 
Regulatory Affairs of the Food and Drug Adminis-
tration that administer and conduct inspections of 
food and feed facilities and imports; 
(5) the Center for Veterinary Medicine of the 
Food and Drug Administration; 
(6) the resources and facilities of the Office of 
the Commissioner of the Food and Drug Adminis-
tration, known as the Office of Food and Veterinary 
Medicine, that support— 
(A) the Center for Food Safety and Ap-
plied Nutrition; 
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(B) the Center for Veterinary Medicine; 
and 
(C) the Office of Regulatory Affairs facili-
ties and resources described in paragraph (4); 
(7) the part of the Research, Education, and 
Economics mission area of the Department of Agri-
culture related to food and feed safety; 
(8) the part of the National Marine Fisheries 
Service of the National Oceanic and Atmospheric 
Administration of the Department of Commerce that 
administers the seafood inspection program; 
(9) the part of the Animal and Plant Inspection 
Health Service of the Department of Agriculture re-
lated to the management of animals going into the 
food supply; and 
(10) such other offices, services, or agencies as 
the President designates by Executive order to carry 
out this Act. 
SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. 
(a) OFFICERS AND EMPLOYEES.—The Administrator 
may— 
(1) appoint officers and employees for the Ad-
ministration in accordance with the provisions of 
title 5, United States Code, relating to appointment 
in the competitive service; and 
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(2) fix the compensation of those officers and 
employees in accordance with chapter 51 and with 
subchapter III of chapter 53 of that title, relating to 
classification and General Schedule pay rates. 
(b) EXPERTS
AND CONSULTANTS.—The Adminis-
trator may— 
(1) procure the services of temporary or inter-
mittent experts and consultants as authorized by 
section 3109 of title 5, United States Code; and 
(2) pay in connection with those services the 
travel expenses of the experts and consultants, in-
cluding transportation and per diem in lieu of sub-
sistence while away from the homes or regular 
places of business of the individuals, as authorized 
by section 5703 of that title. 
(c) BUREAUS, OFFICES, AND DIVISIONS.—The Ad-
ministrator may establish within the Administration such 
bureaus, offices, and divisions as the Administrator deter-
mines are necessary to perform the duties of the Adminis-
trator. 
(d) ADVISORY COMMITTEES.— 
(1) IN GENERAL.—The Administrator shall es-
tablish advisory committees that consist of rep-
resentatives of scientific expert bodies, academics, 
industry specialists, and consumers. 
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(2) DUTIES.—The duties of an advisory com-
mittee established under paragraph (1) may include 
developing recommendations with respect to the de-
velopment of regulatory science and processes, re-
search, communications, performance standards, and 
inspection. 
TITLE II—ADMINISTRATION OF 
FOOD SAFETY PROGRAM 
SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM. 
(a) IN GENERAL.—The Administrator shall— 
(1) administer a national food safety program 
(referred to in this section as the ‘‘program’’) to 
protect public health; and 
(2) ensure that persons who produce or process 
food meet their responsibility to prevent or minimize 
food safety hazards related to their products. 
(b) COMPREHENSIVE ANALYSIS.—The program shall 
be based on a comprehensive analysis of the hazards asso-
ciated with different food and with the processing of dif-
ferent food, including the identification and evaluation 
of— 
(1) the severity of the health risks; 
(2) the sources and specific points of potential 
contamination extending from the farm or ranch to 
the consumer that may render food unsafe; 
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(3) the potential for persistence, multiplication, 
or concentration of naturally occurring or added 
contaminants in food; 
(4) opportunities across the food production, 
processing, distribution, and retail system to manage 
and reduce potential health risks; and 
(5) opportunities for intentional contamination. 
(c) PROGRAM ELEMENTS.—In carrying out the pro-
gram, the Administrator shall— 
(1) adopt and implement a national system for 
the registration of food facilities and regular unan-
nounced inspection of food facilities; 
(2) verify and enforce the adoption of preven-
tive process controls in food facilities, based on the 
best available scientific and public health consider-
ations and best available technologies; 
(3) establish and enforce science-based stand-
ards for— 
(A) substances that may contaminate food; 
and 
(B) safety and sanitation in the processing 
and handling of food; 
(4) implement a statistically valid sampling pro-
gram to ensure that industry programs and proce-
dures that prevent food contamination are effective 
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on an ongoing basis and that food meets the per-
formance standards established under this Act; 
(5) implement procedures and requirements to 
ensure the safety and security of imported food; 
(6) coordinate with other agencies and State or 
local governments in carrying out inspection, en-
forcement, research, and monitoring; 
(7) access the surveillance data of the Centers 
for Disease Control and Prevention, and other Fed-
eral Government agencies, in order to develop and 
implement a national surveillance system to assess 
the health risks associated with the human consump-
tion of food or to create surveillance data and stud-
ies; 
(8) partner with relevant agencies to identify 
and prevent terrorist threats to food; 
(9) establish a process for providing a single 
point of contact to assist impacted consumers in 
navigating Federal, State, and local agencies in-
volved in responding to or monitoring a foodborne 
outbreak; 
(10) develop public education risk communica-
tion and advisory programs; 
(11) implement a basic and applied research 
program to further the purposes of this Act; and 
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(12) coordinate and prioritize food safety re-
search and educational programs with other agen-
cies, including State or local agencies. 
SEC. 202. REGISTRATION OF FOOD FACILITIES. 
(a) IN GENERAL.—The Administrator shall require 
that all food and feed facilities register before the facility 
can operate in the United States or import food, feed, or 
ingredients into the United States. 
(b) REGISTRATION REQUIREMENTS.— 
(1) IN GENERAL.—To be registered under sub-
section (a)— 
(A) all food facilities covered under this 
Act shall comply with registration requirements 
in section 415 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 350d); 
(B) for food facilities that have not reg-
istered under such section 415 prior to the date 
of enactment of this Act, the requirement in 
subparagraph (A) applies beginning on the day 
that is 180 days after the date of enactment of 
this Act; and 
(C) for food facilities that have registered 
under such section 415 prior to the date of en-
actment of this Act, such facilities shall file an 
amended registration within 180 days of such 
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date of enactment to deliver the information re-
quired by paragraph (2). 
(2) CATEGORIES.—In addition to the informa-
tion required under section 415 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350d) to be in-
cluded in registration, a food facility shall— 
(A) list the facility’s primary purpose and 
business activity, including the dates of oper-
ation if the food facility is operating seasonally; 
and 
(B) list the types of food handled at the 
facility and identify the activities conducted in 
the facility, that are relevant to determining 
whether the facility is a category 1, 2, 3, 4, or 
5 facility. 
(3) PROCEDURE.—Upon receipt of a completed 
or amended registration described in paragraph (1), 
the Administrator shall notify the registrant of the 
receipt of the registration, review the activities iden-
tified in the registration, designate the facility as a 
category 1, 2, 3, 4, or 5 food facility for the pur-
poses of inspection, and assign a registration num-
ber to each food facility. 
(4) LIST.—The Administrator— 
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(A) shall compile and maintain an up-to- 
date list of food facilities that are registered 
under this section, in accordance with section 
415(a)(5) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 350d(a)(5)); and 
(B) may establish regulations on how the 
list may be shared with other governmental au-
thorities. 
SEC. 203. PREVENTIVE PROCESS CONTROLS TO REDUCE 
ADULTERATION OF FOOD. 
(a) IN GENERAL.—The Administrator shall review 
existing regulations on hazard analysis and process con-
trols and amend existing regulations as appropriate, upon 
the basis of best available public health, scientific, and 
technological information, to ensure that those regulations 
are working effectively to— 
(1) ensure food facilities operate in a sanitary 
manner so that food is not adulterated; 
(2) limit the presence of contaminants in food; 
(3) meet the performance standards established 
under section 204; 
(4) ensure fully processed or ready-to-eat foods 
are processed using reasonably available techniques 
and technologies to eliminate contaminants; 
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(5) label food intended for final processing out-
side commercial food facilities with instructions for 
handling and preparation for consumption that will 
destroy contaminants; 
(6) require sampling and testing at a frequency 
and in a manner sufficient to ensure that process 
controls are effective on an ongoing basis and that 
performance standards are being met; and 
(7) provide for agency access to records kept by 
food facilities and submission of copies of the 
records to the Administrator, as the Administrator 
determines appropriate. 
(b) PROCESSING
CONTROLS.—The Administrator 
may require any person with responsibility for or control 
over food or food ingredients to adopt process controls, 
if the process controls are needed to ensure the protection 
of the public health. 
SEC. 204. PERFORMANCE STANDARDS FOR CONTAMINANTS 
IN FOOD. 
(a) PERFORMANCE STANDARDS.—Whenever the Ad-
ministrator determines that a foodborne contaminant pre-
sents the risk of serious adverse health consequences or 
death to consumers, causes food to be adulterated, or 
could promote the spread of communicable disease de-
scribed in section 361 of the Public Health Service Act 
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(42 U.S.C. 264), the Administrator shall issue a perform-
ance standard (in the form of guidance, action levels, or 
regulations) to prevent or control the contaminant. 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the promulgation of a performance standard under 
this section, the Administrator shall implement a 
statistically significant sampling program to deter-
mine whether food facilities are complying with the 
standards promulgated under this section. 
(2) ACTIONS.—If the Administrator determines 
that a food facility fails to meet a standard promul-
gated under this section, and such facility fails to 
take appropriate corrective action as determined by 
the Administrator, the Administrator shall, as ap-
propriate— 
(A) detain, seize, or condemn food from 
the food facility under section 209(i); 
(B) order a recall of food from the food fa-
cility under section 402; 
(C) increase the inspection frequency for 
the food facility; 
(D) withdraw the mark of inspection from 
the food facility, if in use; or 
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(E) take other appropriate enforcement ac-
tion concerning the food facility, including sus-
pension of registration. 
(c) NEWLY IDENTIFIED CONTAMINANTS.—Notwith-
standing any other provision of this section, the Adminis-
trator shall promulgate interim performance standards for 
newly identified contaminants as necessary to protect the 
public health. 
(d) REVOCATION BY ADMINISTRATOR.—All perform-
ance standards, tolerances, action levels, or other similar 
standards with respect to food in effect on the date of en-
actment of this Act shall remain in effect until revised or 
revoked by the Administrator. 
SEC. 205. INSPECTIONS OF FOOD FACILITIES. 
(a) IN GENERAL.—The Administrator shall establish 
an inspection program, which shall include sampling and 
testing of food and food facilities, to determine if each food 
facility— 
(1) is operating in a sanitary manner; 
(2) has continuous systems, interventions, and 
processes in place to minimize or eliminate contami-
nants in food; 
(3) uses validated process controls and ongoing 
verification; 
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(4) is in compliance with applicable perform-
ance standards established under section 204, proc-
ess control regulations, and other requirements; 
(5) is processing food that is safe and not adul-
terated or misbranded; 
(6) maintains records of process control plans 
under section 203, and other records related to the 
processing, sampling, and handling of food; and 
(7) is in compliance with the requirements of 
the applicable food safety law. 
(b) FACILITY CATEGORIES AND INSPECTION FRE-
QUENCIES.—Inspections of food facilities under this Act 
shall be based on the following categories and inspection 
frequencies, subject to subsections (c), (d), and (e): 
(1) CATEGORY 1 FOOD FACILITIES.—A category 
1 food facility shall be subject to antemortem, post-
mortem, 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 facility has successfully iden-
tified and removed from the slaughter line visi-
bly defective or contaminated carcasses, has 
avoided cross-contamination, and destroyed or 
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reprocessed contaminated carcasses in a man-
ner acceptable to the Administrator; and 
(C) that applicable performance standards 
and other provisions of the food safety law, in-
cluding those intended to eliminate or reduce 
pathogens, have been satisfied. 
(2) CATEGORY 2 FOOD FACILITIES.—A category 
2 food facility shall be randomly inspected at least 
daily. 
(3) CATEGORY 3 FOOD FACILITIES.—A category 
3 food facility shall— 
(A) provide documentation to the Adminis-
trator on request that ongoing verification 
shows that its processes are controlled; and 
(B) be randomly inspected at least month-
ly. 
(4) CATEGORY 4 FOOD FACILITIES.—A category 
4 food facility shall be randomly inspected at least 
quarterly. 
(5) CATEGORY 5 FOOD FACILITIES.—A category 
5 food facility shall be randomly inspected at least 
annually. 
(c) 
ESTABLISHMENT
OF
INSPECTION
PROCE-
DURES.—The Administrator shall establish procedures 
under which inspectors or safety officers inspect food fa-
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cilities, which shall allow the taking of random samples, 
photographs, and copies of records in food facilities. 
(d) ALTERNATIVE
INSPECTION
FREQUENCIES.— 
With respect to a category 2, 3, 4, or 5 food facility, the 
Administrator may establish alternative increased or de-
creased inspection frequencies for subcategories of food fa-
cilities or for individual facilities, to foster risk-based allo-
cation of resources, subject to the following criteria and 
procedures: 
(1) Subcategories of food facilities and their al-
ternative inspection frequencies shall be defined by 
regulation, subject to paragraphs (2) and (3). 
(2) Alternative inspection frequencies for sub-
categories of food facilities under paragraph (1) and 
for a specific food facility under paragraph (4) shall 
provide that— 
(A) category 2 food facilities shall be in-
spected at least monthly; and 
(B) category 3 and 4 food facilities shall 
be inspected at least annually. 
(3) In defining subcategories of food facilities 
and their alternative inspection frequencies under 
paragraphs (1) and (2), the Administrator shall con-
sider— 
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(A) the nature of the foods being proc-
essed, stored, or transported; 
(B) the manner in which foods are proc-
essed, stored, or transported; 
(C) the inherent likelihood that the foods 
will contribute to the risk of foodborne illness; 
(D) the best available evidence concerning 
reported illnesses associated with the foods pro-
duced in the proposed subcategory of facilities; 
and 
(E) the overall record of compliance with 
the food safety law among facilities in the pro-
posed subcategory, including compliance with 
applicable performance standards and the fre-
quency of recalls. 
(4) The Administrator may adopt alternative 
inspection frequencies for increased or decreased in-
spection for a specific facility, subject to paragraphs 
(2) and (5), and shall annually publish a list of fa-
cilities subject to alternative inspections. 
(5) In adopting alternative inspection fre-
quencies for a specific facility, the Administrator 
shall consider— 
(A) the supporting evidence that an indi-
vidual food facility shall submit related to 
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whether an alternative inspection frequency 
should be established for such facility by the 
Administrator; 
(B) whether products from the specific fa-
cility have been associated with a case or an 
outbreak of foodborne illness; 
(C) the record of the facility of compliance 
with the food safety law, including compliance 
with applicable performance standards and the 
frequency of recalls; and 
(D) the criteria in paragraph (3). 
(6) Before establishing decreased alternative in-
spection frequencies for subcategories of facilities or 
individual facilities, the Administrator shall— 
(A) describe the alternative uses of re-
sources in general terms when issuing the regu-
lation or order that establishes the alternative 
inspection frequency; and 
(B) 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 foodborne illness. 
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(e) INSPECTION TRANSITION.—The Administrator 
shall manage the transition to the inspection system de-
scribed in this Act as follows: 
(1) REGULATIONS.—The Administrator shall 
promulgate regulations to implement this section no 
later than 24 months after the date of enactment of 
this Act. 
(2) LIMIT ON REDUCTION IN INSPECTION FRE-
QUENCY.—For any food facility, the Administrator 
shall not reduce the inspection frequency from the 
frequency required pursuant to the Federal Meat In-
spection 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 the food facility has dem-
onstrated that sufficient changes in facilities, proce-
dures, personnel, or other aspects of the process con-
trol system have been made such that the Adminis-
trator determines that compliance with the food 
safety law is achieved. 
(f) OFFICIAL MARK.— 
(1) IN GENERAL.— 
(A) ESTABLISHMENT.—Before the comple-
tion of the transition process under subsection 
(e), the Administrator shall by regulation estab-
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lish an official mark that can be affixed to a 
food produced in a category 1, 2, or 3 food fa-
cility if— 
(i) the facility is in compliance with 
the food safety law; and 
(ii) has been inspected in accordance 
with the inspection frequencies under this 
section. 
(B) REMOVAL OF OFFICIAL MARK.—The 
Administrator shall promulgate regulations that 
provide for the removal of the official mark 
under this subsection if— 
(i) the Administrator makes a finding 
that the facility is not in compliance with 
the food safety law; or 
(ii) the Administrator suspends the 
registration of the facility. 
(2) CATEGORY 1, 2, OR 3 FOOD FACILITIES.— 
In the case of products manufactured, slaughtered, 
processed, or held in a category 1, 2, or 3 food facil-
ity— 
(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 
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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 subsection (e); 
(B) the Administrator shall publicly certify 
on a monthly basis that the inspection fre-
quencies required under this section have been 
achieved; and 
(C) a product from an facility 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 inter-
state commerce. 
(3) CATEGORY 4 AND 5 FOOD FACILITIES.—In 
the case of a product manufactured, slaughtered, 
processed, or held in a category 4 or 5 food facility, 
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; 
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(B) compliance with applicable perform-
ance standards and other provisions of the food 
safety law; and 
(C) such other requirements as the Admin-
istrator considers appropriate. 
(g) MAINTENANCE AND INSPECTION OF RECORDS.— 
(1) IN GENERAL.— 
(A) RECORDS.—A food facility shall— 
(i) maintain such records as the Ad-
ministrator requires by regulation, includ-
ing all records relating to the processing, 
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 fa-
cility representative in any format (includ-
ing paper or electronic) and at any loca-
tion, that are necessary to assist the Ad-
ministrator to determine whether the food 
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is contaminated or not in compliance with 
the food safety law. 
(B) REQUIRED DISCLOSURE.—A food facil-
ity shall have an affirmative obligation to dis-
close to the Administrator the results of testing 
or sampling of food, equipment, or material in 
contact with food, that is positive for any con-
taminant. 
(2) MAINTENANCE OF RECORDS.—The records 
required by paragraph (1) shall be maintained for a 
reasonable period of time, as determined by the Ad-
ministrator. 
(3) REQUIREMENTS.—The records required by 
paragraph (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 
facility; 
(E) consumer complaints concerning the 
food or packaging of the food; 
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(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. 
(h) 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 facility 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 
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subject to a voluntary or mandatory recall 
under section 402; or 
(E) limit the authority of the Adminis-
trator to promulgate regulations to permit the 
sharing of data with other governmental au-
thorities. 
(i) 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 ESTABLISHMENTS. 
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 establishments, 
to— 
(1) visit and inspect food production establish-
ments in the United States and in foreign countries 
for food safety purposes; 
(2) review food safety records as needed to 
carry out traceback and for other food safety pur-
poses; 
(3) set good practice standards to protect the 
public and promote food safety; 
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(4) partner with appropriate agencies to mon-
itor animals, plants, products, or the environment, 
as appropriate; 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 to a State— 
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(1) advisory assistance; 
(2) technical and laboratory assistance and 
training (including necessary materials and equip-
ment); and 
(3) financial assistance, 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 
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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. FOREIGN SUPPLIER VERIFICATION PROGRAM. 
(a) IN GENERAL.—The Administrator shall require 
that each importer of products from a feed facility, food 
facility, or food producer establishment be in compliance 
with the foreign supplier verification program require-
ments under section 805 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 384a). 
(b) RULE
OF CONSTRUCTION.—In applying sub-
section (a) with respect to products subject to the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry 
Products Inspection Act (21 U.S.C. 451 et seq.), or the 
Egg Products Inspection Act (21 U.S.C. 1031 et seq.), 
references in section 805 of the Federal Food, Drug, and 
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Cosmetic Act (21 U.S.C. 384a) to sections 402, 403(w), 
418, and 419 of such Act (21 U.S.C. 342, 343(w), 350g, 
and 350h) shall be construed to be references to the cor-
responding provisions of the food safety law, if any, that 
apply to such products, as determined by the Adminis-
trator. 
(c) REPEAL OF EXEMPTIONS.—Subsection (e) of sec-
tion 805 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 384a) is hereby repealed. 
SEC. 209. 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 seeking to cer-
tify food for importation into the United States shall sub-
mit a request for accreditation to the Administrator. 
(b) ACCREDITATION STANDARD.—A foreign govern-
ment requesting to be accredited to certify food for impor-
tation into the United States shall demonstrate, in a man-
ner determined appropriate by the Administrator, that the 
foreign government (or an agency thereof) is capable of 
adequately ensuring that eligible entities or foods certified 
by such government (or agency) meet the requirements of 
the food safety law. 
(c) REQUEST BY FOREIGN GOVERNMENT.—Prior to 
granting accreditation to a foreign government under this 
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section, the Administrator shall review and audit the food 
safety program of the requesting foreign government and 
certify that such program (including all statutes, regula-
tions, and inspection authority) meets the standard speci-
fied in subsection (b). 
(d) LIMITATIONS.—Any accreditation of a foreign 
government under this section shall— 
(1) specify the foods covered by the accredita-
tion; and 
(2) be limited to a period not to exceed 5 years. 
(e) WITHDRAWAL OF ACCREDITATION.—The Admin-
istrator may withdraw accreditation fully or partially from 
a foreign government if the Administrator finds that— 
(1) food covered by the accreditation is linked 
to an outbreak of human illness; 
(2) the programs or procedures of the foreign 
government no longer meet the standards of the food 
safety programs and procedures of the United 
States; or 
(3) the foreign government refuses to allow 
United States officials to conduct such audits and 
investigations as may be necessary to fulfill the re-
quirements under this section. 
(f) RENEWAL OF ACCREDITATION.—The Adminis-
trator shall audit foreign governments accredited under 
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this section at least every 5 years to ensure the continued 
compliance by such governments with the standard set 
forth in subsection (b). 
(g) REQUIRED ROUTINE INSPECTION.—The Admin-
istrator shall routinely inspect food or food animals by 
physical examination before the food or food animals enter 
the United States to ensure that the food or food ani-
mals— 
(1) are safe; 
(2) are labeled as required for food produced in 
the United States; and 
(3) otherwise meet the requirements of the food 
safety law. 
(h) ENFORCEMENT.—The Administrator may— 
(1) deny importation of food from any country 
if the country’s government does not permit United 
States officials to enter the 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 country 
or foreign facility that does not consent to an inves-
tigation by the Administrator when food from that 
country or foreign facility is linked to a foodborne 
illness outbreak or is otherwise found to be adulter-
ated or mislabeled; and 
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(3) promulgate regulations to carry out the pur-
poses of this section, including setting terms and 
conditions for the destruction of products that fail to 
meet the standards of the food safety law. 
(i) DETENTION AND SEIZURE.—Any food imported 
for consumption in the United States that fails to meet 
the standards of the food safety law may be detained, 
seized, or condemned. 
SEC. 210. TRACEBACK. 
(a) IN GENERAL.—The Administrator, in order to 
protect the public health, shall establish requirements for 
a national system for tracing food, animals, or ingredients 
from point of origin to retail sale, subject to subsection 
(b). 
(b) 
APPLICABILITY.—Traceability 
requirements 
shall— 
(1) be established in accordance with regula-
tions and guidelines issued by the Administrator; 
and 
(2) apply to food production establishments and 
food facilities. 
SEC. 211. FOOD SAFETY TECHNOLOGY. 
(a) IN GENERAL.—The Administrator shall establish 
and implement a program, to be known as the Food Safety 
Technology Program, to foster innovation in food tech-
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nologies and foods that have the potential to improve food 
safety at the point of production, processing, transport, 
storage, or final preparation. 
(b) PROGRAM DESCRIBED.—The program under this 
section shall consist of technical guidance to and consulta-
tion with technology developers to assist them in meeting 
requirements for approval of technologies and products de-
scribed in subsection (a). 
TITLE III—RESEARCH AND 
EDUCATION 
SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. 
(a) IN GENERAL.—The Administrator, acting in co-
ordination with the Director of the Centers for Disease 
Control and Prevention and with the Research Education 
and Economics mission area of the Department of Agri-
culture, shall— 
(1) have access to the applicable data systems 
of the Centers for Disease Control and Prevention 
and to the databases made available by a State; 
(2) partner with relevant agencies to maintain 
or access an active surveillance system of food and 
epidemiological evidence submitted by States to the 
Centers for Disease Control and Prevention based 
on a representative proportion of the population of 
the United States; 
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(3) assess the frequency and sources of human 
illness in the United States associated with the con-
sumption of food; 
(4) partner with relevant agencies to maintain 
or access a state-of-the-art partial or full genome se-
quencing system and epidemiological system dedi-
cated to foodborne illness identification, outbreaks, 
and containment; and 
(5) have access to the surveillance data created 
via monitoring and statistical studies conducted as 
part of its own inspection. 
(b) PUBLIC HEALTH SAMPLING.— 
(1) IN GENERAL.—Not later than 1 year after 
the effective date of this Act, the Administrator shall 
establish guidelines for a sampling system under 
which the Administrator shall take and analyze sam-
ples of food— 
(A) to assist the Administrator in carrying 
out this Act; and 
(B) to assess the nature, frequency of oc-
currence, and quantities of contaminants in 
food. 
(2) REQUIREMENTS.—The sampling system de-
scribed in paragraph (1) shall provide— 
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(A) statistically valid monitoring, including 
market-based studies, on the nature, frequency 
of occurrence, and quantities of contaminants 
in food available to consumers; and 
(B) at the request of the Administrator, 
such other information, including analysis of 
monitoring and verification samples, as the Ad-
ministrator determines may be useful in assess-
ing the occurrence of contaminants in food. 
(c) ASSESSMENT OF HEALTH HAZARDS.—Through 
the surveillance system referred to in subsection (a), the 
sampling system described in subsection (b), and other 
available data, the Administrator shall— 
(1) rank food categories based on the hazard to 
human health presented by the food category; 
(2) identify appropriate industry and regulatory 
approaches to minimize hazards in the food supply; 
and 
(3) assess the public health environment for 
emerging diseases, including zoonosis, for their risk 
of appearance in the United States food supply. 
SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. 
(a) PUBLIC EDUCATION.—The Administrator shall— 
(1) in cooperation with private and public orga-
nizations, including the cooperative extension serv-
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ices and building on the efforts of appropriate State 
and local entities, establish a national public edu-
cation program on food safety; and 
(2) coordinate with other Federal departments 
and agencies to integrate food safety messaging into 
all food-related agricultural, nutrition, and health 
promotion programs. 
(b) HEALTH ADVISORIES.—The Administrator, in 
consultation with such other Federal departments and 
agencies as the Administrator determines necessary, shall 
work with the States and other appropriate entities— 
(1) to develop and distribute regional and na-
tional advisories concerning food safety; 
(2) to develop standardized formats for written 
and broadcast advisories; 
(3) to incorporate State and local advisories 
into the national public education program estab-
lished under subsection (a); and 
(4) to present prompt, specific information re-
garding foods found to pose a threat to the public 
health. 
SEC. 303. RESEARCH. 
(a) IN GENERAL.—The Administrator shall conduct 
research to carry out this Act, including studies to— 
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(1) improve sanitation and food safety practices 
in the processing of food; 
(2) develop improved techniques to monitor and 
inspect food; 
(3) develop efficient, rapid, and sensitive meth-
ods to detect contaminants in food; 
(4) determine the sources of contamination of 
contaminated food; 
(5) develop food consumption data; 
(6) identify ways that animal production tech-
niques could improve the safety of the food supply; 
(7) draw upon research and educational pro-
grams that exist at the State and local level; 
(8) determine the food safety education needs 
of vulnerable populations, including children less 
than 10 years of age, pregnant women, adults 65 
years of age and older, and individuals with com-
promised immune systems; 
(9) utilize the partial or full genome sequencing 
system and other processes to identify and control 
pathogens; 
(10) address common and emerging zoonotic 
diseases; 
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(11) develop methods to reduce or destroy 
harmful pathogens before, during, and after proc-
essing; 
(12) analyze the incidence of antibiotic resist-
ance as it pertains to the food supply and develop 
new methods to reduce infection by antibiotic resist-
ant bacteria in humans and animals; and 
(13) conduct other research that supports the 
purposes of this Act. 
(b) CONTRACT AUTHORITY.—The Administrator may 
enter into contracts and agreements with any State, uni-
versity, Federal Government agency, or person to carry 
out this section. 
TITLE IV—ENFORCEMENT 
SEC. 401. PROHIBITED ACTS. 
It is prohibited— 
(1) to manufacture, introduce, deliver for intro-
duction, or receive into interstate commerce any food 
that is adulterated, misbranded, or otherwise unsafe; 
(2) to adulterate or misbrand any food in inter-
state commerce; 
(3) for a food facility or foreign food facility to 
fail to register under section 202, or to operate with-
out a valid registration; 
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(4) to refuse to permit access to a food facility 
for the inspection and copying of a record as re-
quired under section 205(g); 
(5) to fail to establish or maintain any record 
or to make any report as required under section 
205(g); 
(6) to refuse to permit entry to or inspection of 
a food facility as required under section 205; 
(7) to fail to provide to the Administrator the 
results of a testing or sampling of a food, equip-
ment, or material in contact with contaminated food 
under section 205(g)(1)(B); 
(8) to fail to comply with an applicable provi-
sion of, or a regulation or order of the Administrator 
under, section 202, 204, or 208; 
(9) to slaughter an animal that is capable for 
use in whole or in part as human food at a food fa-
cility processing any such food for commerce, except 
in compliance with the food safety law; 
(10) to fail to comply with a recall or other 
order under section 402; or 
(11) to otherwise violate the food safety law. 
SEC. 402. MANDATORY RECALL AUTHORITY. 
(a) VOLUNTARY PROCEDURES.—If the Administrator 
determines that there is a reasonable probability that an 
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article of food (other than infant formula) is adulterated 
or misbranded and the use of or exposure to such article 
will cause serious adverse health consequences or death 
to humans or animals, the Administrator shall provide the 
owner, operator, or agent in charge of the facility that cre-
ated, caused, or was otherwise responsible for such food 
with an opportunity to cease distribution and recall such 
article. 
(b) PREHEARING ORDER TO CEASE DISTRIBUTION 
AND GIVE NOTICE.— 
(1) IN GENERAL.—If the owner, operator, or 
agent in charge of the facility refuses to or does not 
voluntarily cease distribution or recall such article 
within the time and in the manner prescribed by the 
Administrator (if so prescribed), the Administrator 
may by order require, as the Administrator deems 
necessary, such person to— 
(A) immediately cease distribution of such 
article; 
(B) as applicable, immediately notify all 
persons manufacturing, processing, packing, 
transporting, distributing, receiving, holding, or 
importing and selling such article; and 
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(C) to which such article has been distrib-
uted, transported, or sold, immediately cease 
distribution of such article. 
(2) REQUIRED ADDITIONAL INFORMATION.— 
(A) IN GENERAL.—If an article of food 
covered by a recall order issued under para-
graph (1)(B) has been distributed to a ware-
house-based, third-party logistics provider with-
out providing such provider sufficient informa-
tion to know or reasonably determine the pre-
cise identity of the article of food covered by a 
recall order that is in its possession, the notice 
provided by the responsible party subject to the 
order issued under paragraph (1)(B) shall in-
clude such information as is necessary for the 
warehouse-based, third-party logistics provider 
to identify the food. 
(B) RULES OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed— 
(i) to exempt a warehouse-based, 
third-party logistics provider from the re-
quirements of food safety law; or 
(ii) to exempt a warehouse-based, 
third-party logistics provider from being 
the subject of a mandatory recall order. 
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(3) DETERMINATION
TO
LIMIT
AREAS
AF-
FECTED.—If the Administrator requires an owner, 
operator, or agent in charge of the facility to cease 
distribution under paragraph (1)(A) of an article of 
food identified in subsection (a), the Administrator 
may limit the size of the geographic area and the 
markets affected by such cessation if such limitation 
would not compromise the public health. 
(c) HEARING ON ORDER.—The Administrator shall 
provide the owner, operator, or agent in charge of the fa-
cility subject to an order under subsection (b) with an op-
portunity for an informal hearing, to be held as soon as 
possible, but not later than 2 days after the issuance of 
the order, on the actions required by the order and on 
why the article that is the subject of the order should not 
be recalled. 
(d) POST-HEARING RECALL ORDER AND MODIFICA-
TION OF ORDER.— 
(1) AMENDMENT
OF
ORDER.—If, after pro-
viding opportunity for an informal hearing under 
subsection (c), the Administrator determines that re-
moval of the article from commerce is necessary, the 
Administrator shall, as appropriate— 
(A) amend the order to require recall of 
such article or other appropriate action; 
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(B) specify a timetable in which the recall 
shall occur; 
(C) require periodic reports to the Admin-
istrator describing the progress of the recall; 
and 
(D) provide notice to consumers to whom 
such article was, or may have been, distributed. 
(2) VACATING OF ORDER.—If, after such hear-
ing, the Administrator determines that adequate 
grounds do not exist to continue the actions required 
by the order, or that such actions should be modi-
fied, the Administrator shall vacate the order or 
modify the order. 
(e) RULE REGARDING ALCOHOLIC BEVERAGES.— 
The Administrator shall not initiate a mandatory recall 
or take any other action under this section with respect 
to any alcohol beverage until the Administrator has pro-
vided the Alcohol and Tobacco Tax and Trade Bureau 
with a reasonable opportunity to cease distribution and re-
call such article under the Alcohol and Tobacco Tax and 
Trade Bureau’s authority. 
(f) COOPERATION
AND CONSULTATION.—The Ad-
ministrator shall work with State and local public health 
officials in carrying out this section, as appropriate. 
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(g) PUBLIC NOTIFICATION.—In conducting a recall 
under this section, the Administrator shall— 
(1) ensure that a press release is published re-
garding the recall, as well as alerts and public no-
tices, as appropriate, in order to provide notifica-
tion— 
(A) of the recall to consumers and retailers 
to whom such article was, or may have been, 
distributed; and 
(B) that includes, at a minimum— 
(i) the name of the article of food sub-
ject to the recall; 
(ii) a description of the risk associated 
with such article; and 
(iii) to the extent practicable, informa-
tion for consumers about similar articles of 
food that are not affected by the recall; 
(2) provide to the public a list of retail con-
signees receiving products for which there is deter-
mined to be a reasonable probability that eating the 
food will cause serious adverse health consequences 
or death to humans or animals; and 
(3) if available, publish on the Internet website 
of the Administration an image of the article that is 
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the subject of the press release described in para-
graph (1). 
(h) NO DELEGATION.—The authority conferred by 
this section to order a recall or vacate a recall order shall 
not be delegated to any officer or employee other than the 
Administrator. 
(i) EFFECT.—Nothing in this section shall affect the 
authority of the Administrator to request or participate 
in a voluntary recall, or to issue an order to cease distribu-
tion or to recall under any other provision of the food safe-
ty law or under the Public Health Service Act (42 U.S.C. 
201 et seq.). 
(j) COORDINATED COMMUNICATION.— 
(1) IN GENERAL.—To assist in carrying out the 
requirements of this subsection, the Administrator 
shall establish an incident command operation or a 
similar operation that will operate not later than 24 
hours after the initiation of a mandatory recall or 
the recall of an article of food for which the use of, 
or exposure to, such article will cause serious ad-
verse health consequences or death to humans or 
animals. 
(2) REQUIREMENTS.—To reduce the potential 
for miscommunication during recalls or regarding in-
vestigations of a foodborne illness outbreak associ-
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ated with a food that is subject to a recall, each inci-
dent command operation or similar operation under 
paragraph (1) shall use regular staff and resources 
of the Administration to— 
(A) ensure timely and coordinated commu-
nication within the Administration, including 
enhanced communication and coordination be-
tween different agencies and organizations with-
in the Administration; 
(B) ensure timely and coordinated commu-
nication from the Administration, including 
public statements, throughout the duration of 
the investigation and related foodborne illness 
outbreak; 
(C) identify a single point of contact within 
the Administration for public inquiries regard-
ing any actions by the Administrator related to 
a recall; 
(D) coordinate with Federal, State, local, 
and tribal authorities, as appropriate, that have 
responsibilities related to the recall of a food or 
a foodborne illness outbreak associated with a 
food that is subject to the recall, including noti-
fication of the Secretary of Agriculture and the 
Secretary of Education in the event such re-
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called food is a commodity intended for use in 
a child nutrition program (as defined in section 
25(b) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769f(b))); and 
(E) conclude operations at such time as 
the Administrator determines appropriate. 
(3) MULTIPLE
RECALLS.—The Administrator 
may establish multiple or concurrent incident com-
mand operations or similar operations in the event 
of multiple recalls or foodborne illness outbreaks. 
(4) FEES APPLICABLE TO ALL FACILITIES.— 
Fees described in section 743 of Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379j–31) for 
not complying with a recall order are applicable to 
all food facilities under this Act as if— 
(A) the term ‘‘responsible party’’ means 
‘‘owner, operator, or agent in charge of the fa-
cility’’; and 
(B) references to section 423 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
350l) are references to section 402 of this Act. 
SEC. 403. INJUNCTION PROCEEDINGS. 
(a) JURISDICTION.—The district courts of the United 
States, and the United States courts of the territories and 
possessions of the United States, shall have jurisdiction, 
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for cause shown, to restrain a violation of section 202, 
203, 204, 207, or 401 (or a regulation promulgated under 
that section). 
(b) TRIAL.—In a case in which violation of an injunc-
tion or restraining order issued under this section also 
constitutes a violation of the food safety law, trial shall 
be by the court or, upon demand of the accused, by a jury. 
SEC. 404. CIVIL AND CRIMINAL PENALTIES. 
(a) CIVIL SANCTIONS.— 
(1) CIVIL PENALTY.— 
(A) IN GENERAL.—Any person that com-
mits an act that violates the food safety law 
may be assessed a civil penalty by the Adminis-
trator of not more than $10,000 for each such 
act. 
(B) SEPARATE
OFFENSE.—Each act de-
scribed in subparagraph (A) and each day dur-
ing which that act continues shall be considered 
a separate offense. 
(2) OTHER REQUIREMENTS.— 
(A) WRITTEN ORDER.—The civil penalty 
described in paragraph (1) shall be assessed by 
the Administrator by a written order, which 
shall specify the amount of the penalty and the 
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basis for the penalty under subparagraph (B) 
considered by the Administrator. 
(B) AMOUNT
OF
PENALTY.—Subject to 
paragraph (1)(A), the amount of the civil pen-
alty shall be determined by the Administrator, 
after considering— 
(i) the gravity of the violation; 
(ii) the degree of culpability of the 
person; 
(iii) the size and type of the business 
of the person; and 
(iv) any history of prior offenses by 
the person under the food safety law. 
(C) REVIEW OF ORDER.—The order may 
be reviewed only in accordance with subsection 
(c). 
(b) CRIMINAL SANCTIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a person that knowingly pro-
duces or introduces into commerce food that is un-
safe or otherwise adulterated or misbranded shall be 
imprisoned for not more than 1 year or fined not 
more than $10,000, or both. 
(2) SEVERE VIOLATIONS.—A person that com-
mits a violation described in paragraph (1) after a 
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conviction of that person under this section has be-
come final, or commits such a violation with the in-
tent to defraud or mislead, shall be imprisoned for 
not more than 3 years or fined not more than 
$100,000, or both. 
(3) EXCEPTION.—No person shall be subject to 
the penalties of this subsection— 
(A) for having received, proffered, or deliv-
ered in interstate commerce any food, if the re-
ceipt, proffer, or delivery was made in good 
faith, unless that person refuses to furnish (on 
request of an officer or employee designated by 
the Administrator)— 
(i) the name, address, and contact in-
formation of the person from whom that 
person purchased or received the food; 
(ii) copies of all documents relating to 
the person from whom that person pur-
chased or received the food; and 
(iii) copies of all documents pertaining 
to the delivery of the food to that person; 
or 
(B) if that person establishes a guaranty 
signed by, and containing the name and address 
of, the person from whom that person received 
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in good faith the food, stating that the food is 
not adulterated or misbranded within the mean-
ing of this Act. 
(c) JUDICIAL REVIEW.— 
(1) IN GENERAL.—An order assessing a civil 
penalty under subsection (a) shall be a final order 
unless the person— 
(A) not later than 30 days after the effec-
tive date of the order, files a petition for judi-
cial review of the order in the United States 
court of appeals for the circuit in which that 
person resides or has its principal place of busi-
ness or the United States Court of Appeals for 
the District of Columbia; and 
(B) simultaneously serves a copy of the pe-
tition by certified mail to the Administrator. 
(2) FILING
OF
RECORD.—Not later than 45 
days after the service of a copy of the petition under 
paragraph (1)(B), the Administrator shall file in the 
court a certified copy of the administrative record 
upon which the order was issued. 
(3) STANDARD OF REVIEW.—The findings of 
the Administrator relating to the order shall be set 
aside only if found to be unsupported by substantial 
evidence on the record as a whole. 
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(d) COLLECTION ACTIONS FOR FAILURE TO PAY.— 
(1) IN GENERAL.—If any person fails to pay a 
civil penalty assessed under subsection (a) after the 
order assessing the penalty has become a final order, 
or after the court of appeals described in subsection 
(b) has entered final judgment in favor of the Ad-
ministrator, the Administrator shall refer the matter 
to the Attorney General, who shall institute in a 
United States district court of competent jurisdic-
tion a civil action to recover the amount assessed. 
(2) LIMITATION ON REVIEW.—In a civil action 
under paragraph (1), the validity and appropriate-
ness of the order of the Administrator assessing the 
civil penalty shall not be subject to judicial review. 
(e) PENALTIES PAID INTO ACCOUNT.—The Adminis-
trator— 
(1) shall deposit penalties collected under this 
section in an account in the Treasury; and 
(2) may use the funds in the account, without 
further appropriation or fiscal year limitation— 
(A) to carry out enforcement activities 
under food safety law; or 
(B) to provide assistance to States to in-
spect retail commercial food establishments or 
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other food or firms under the jurisdiction of 
State food safety programs. 
(f) DISCRETION OF THE ADMINISTRATOR TO PROS-
ECUTE.—Nothing in this Act requires the Administrator 
to report for prosecution, or for the commencement of an 
action, the violation of the food safety law in a case in 
which the Administrator finds that the public interest will 
be adequately served by the assessment of a civil penalty 
under this section. 
(g) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided in this section may be in addition to, and not exclu-
sive of, other remedies that may be available. 
SEC. 405. PRESUMPTION. 
In any action to enforce the requirements of the food 
safety law, the connection with interstate commerce re-
quired for jurisdiction shall be presumed to exist. 
SEC. 406. WHISTLEBLOWER PROTECTION. 
Section 1012 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 399d) shall apply with respect to 
any violation of, or any act or omission an employee rea-
sonably believes to be a violation of, any provision of this 
Act to the same extent and in the same manner as such 
section 1012 applies with respect to a violation of, or any 
act or omission an employee reasonably believes to be a 
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violation of, any provision of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.). 
SEC. 407. ADMINISTRATION AND ENFORCEMENT. 
(a) IN GENERAL.—For the efficient administration 
and enforcement of the food safety law, the provisions (in-
cluding provisions relating to penalties) of sections 6, 8, 
9, and 10 of the Federal Trade Commission Act (15 
U.S.C. 46, 48, 49, and 50) (except subsections (c) through 
(h) of section 6 of that Act (15 U.S.C. 46)), relating to 
the jurisdiction, powers, and duties of the Federal Trade 
Commission and the Attorney General to administer and 
enforce that Act, and to the rights and duties of persons 
with respect to whom the powers are exercised, shall apply 
to the jurisdiction, powers, and duties of the Adminis-
trator and the Attorney General in administering and en-
forcing the provisions of the food safety law and to the 
rights and duties of persons with respect to whom the 
powers are exercised, respectively. 
(b) INQUIRIES AND ACTIONS.— 
(1) IN GENERAL.—The Administrator, in per-
son or by such agents as the Administrator may des-
ignate, may prosecute any inquiry necessary to carry 
out the duties of the Administrator under the food 
safety law in any part of the United States. 
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(2) POWERS.—The powers conferred by sec-
tions 9 and 10 of the Federal Trade Commission 
Act (15 U.S.C. 49, 50) on the United States district 
courts may be exercised for the purposes of this 
chapter by any United States district court of com-
petent jurisdiction. 
SEC. 408. CITIZEN CIVIL ACTIONS. 
(a) CIVIL ACTIONS.—A person may commence a civil 
action against— 
(1) a person that violates a regulation (includ-
ing a regulation establishing a performance stand-
ard), order, or other action of the Administrator to 
ensure the safety of food; or 
(2) the Administrator (in his or her capacity as 
the Administrator), if the Administrator fails to per-
form an act or duty to ensure the safety of food that 
is not discretionary under the food safety law. 
(b) COURT.— 
(1) IN
GENERAL.—The action shall be com-
menced in the United States district court for the 
district in which the defendant resides, is found, or 
has an agent. 
(2) JURISDICTION.—The court shall have juris-
diction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce a regula-
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tion (including a regulation establishing a perform-
ance standard), order, or other action of the Admin-
istrator, or to order the Administrator to perform 
the act or duty. 
(3) DAMAGES.—The court may— 
(A) award damages, in the amount of dam-
ages actually sustained; and 
(B) if the court determines it to be in the 
interest of justice, award the plaintiff the costs 
of suit, including reasonable attorney’s fees, 
reasonable expert witness fees, and penalties. 
(c) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided for in this section shall be in addition to, and not 
exclusive of, other remedies that may be available. 
TITLE V—IMPLEMENTATION 
SEC. 501. DEFINITION. 
For purposes of this title, the term ‘‘transition pe-
riod’’ means the 12-month period beginning on the effec-
tive date of this Act. 
SEC. 502. REORGANIZATION PLAN. 
(a) SUBMISSION OF PLAN.—Not later than 180 days 
after the effective date of this Act, the President shall 
transmit to the appropriate congressional committees a re-
organization plan regarding the following: 
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(1) The transfer of agencies, personnel, assets, 
and obligations to the Administration pursuant to 
this Act. 
(2) 
Any 
consolidation, 
reorganization, 
or 
streamlining of agencies transferred to the Adminis-
tration pursuant to this Act. 
(b) PLAN ELEMENTS.—The plan transmitted under 
subsection (a) shall contain, consistent with this Act, such 
elements as the President determines appropriate, includ-
ing the following: 
(1) Identification of any functions of agencies 
designated to be transferred to the Administration 
pursuant to this Act that will not be transferred to 
the Administration under the plan. 
(2) Specification of the steps to be taken by the 
Administrator to organize the Administration, in-
cluding the delegation or assignment of functions 
transferred to the Administration among the officers 
of the Administration in order to permit the Admin-
istration to carry out the functions transferred 
under the plan. 
(3) Specification of the funds available to each 
agency that will be transferred to the Administration 
as a result of transfers under the plan. 
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(4) Specification of the proposed allocations 
within the Administration of unexpended funds 
transferred in connection with transfers under the 
plan. 
(5) Specification of any proposed disposition of 
property, facilities, contracts, records, and other as-
sets and obligations of agencies transferred under 
the plan. 
(6) Specification of the proposed allocations 
within the Administration of the functions of the 
agencies and subdivisions that are not related di-
rectly to ensuring the safety of food. 
(c) MODIFICATION OF PLAN.—The President may, 
on the basis of consultations with the appropriate congres-
sional committees, modify or revise any part of the plan 
until that part of the plan becomes effective in accordance 
with subsection (d). 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The reorganization plan de-
scribed in this section, including any modifications 
or revisions of the plan under subsection (c), shall 
become effective for an agency on the earlier of— 
(A) the date specified in the plan (or the 
plan as modified pursuant to subsection (c)), 
except that such date may not be earlier than 
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90 days after the date the President has trans-
mitted the reorganization plan to the appro-
priate congressional committees pursuant to 
subsection (a); or 
(B) the end of the transition period. 
(2) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed to require the 
transfer of functions, personnel, records, balances of 
appropriations, or other assets of an agency on a 
single date. 
(3) SUPERCEDES
EXISTING
LAW.—Paragraph 
(1) shall apply notwithstanding section 905(b) of 
title 5, United States Code. 
SEC. 503. TRANSITIONAL AUTHORITIES. 
(a) PROVISION
OF ASSISTANCE
BY OFFICIALS.— 
Until the transfer of an agency to the Administration, any 
official having authority over or function relating to the 
agency immediately before the effective date of this Act 
shall provide the Administrator such assistance, including 
the use of personnel and assets, as the Administrator may 
request in preparing for the transfer and integration of 
the agency to the Administration. 
(b) SERVICES AND PERSONNEL.—During the transi-
tion period, upon the request of the Administrator, the 
head of any Executive agency may, on a reimbursable 
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basis, provide services or detail personnel to assist with 
the transition. 
(c) ACTING OFFICIALS.— 
(1) IN
GENERAL.—During the transition pe-
riod, pending the advice and consent of the Senate 
to the appointment of an officer required by this Act 
to be appointed by and with such advice and con-
sent, the President may designate any officer whose 
appointment was required to be made by and with 
such advice and consent and who was such an officer 
immediately before the effective date of this Act 
(and who continues to be in office) or immediately 
before such designation, to act in such office until 
the same is filled as provided in this Act. 
(2) COMPENSATION.—While acting pursuant to 
paragraph (1), such officers shall receive compensa-
tion at the higher of— 
(A) the rates provided by this Act for the 
respective offices in which they act; or 
(B) the rates provided for the offices held 
at the time of designation. 
(3) LIMITATION.—Nothing in this Act shall be 
construed to require the advice and consent of the 
Senate to the appointment by the President to a po-
sition in the Administration of any officer whose 
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agency is transferred to the Administration pursuant 
to this Act and whose duties following such transfer 
are germane to those performed before such trans-
fer. 
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA-
TIONS, AND FUNCTION.— 
(1) IN GENERAL.—Consistent with section 1531 
of title 31, United States Code, the personnel, as-
sets, liabilities, contracts, property, records, and un-
expended balances of appropriations, authorizations, 
allocations, and other funds that relate to the func-
tions transferred under subsection (a) from a Fed-
eral agency shall be transferred to the Administra-
tion. 
(2) UNEXPENDED FUNDS.—Unexpended funds 
transferred under this subsection shall be used by 
the Administration only for the purposes for which 
the funds were originally authorized and appro-
priated. 
SEC. 504. SAVINGS PROVISIONS. 
(a) COMPLETED ADMINISTRATIVE ACTIONS.—The 
enactment of this Act or the transfer of functions under 
this Act shall not affect any order, determination, rule, 
regulation, permit, personnel action, agreement, grant, 
contract, certificate, license, registration, privilege, or 
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other administrative action issued, made, granted, or oth-
erwise in effect or final with respect to that agency on 
the day before the transfer date with respect to the trans-
ferred functions. 
(b) PENDING PROCEEDINGS.—Subject to the author-
ity of the Administrator under this Act— 
(1) pending proceedings in an agency, including 
notices of proposed rulemaking, and applications for 
licenses, permits, certificates, grants, and financial 
assistance, shall continue notwithstanding the enact-
ment of this Act or the transfer of the agency to the 
Administration, unless discontinued or modified 
under the same terms and conditions and to the 
same extent that such discontinuance could have oc-
curred if such enactment or transfer had not oc-
curred; and 
(2) orders issued in such proceedings, and ap-
peals from those orders, and payments made pursu-
ant to such orders, shall be issued in the same man-
ner on the same terms as if this Act had not been 
enacted or the agency had not been transferred, and 
any such order shall continue in effect until amend-
ed, modified, superceded, terminated, set aside, or 
revoked by an officer of the United States or a court 
of competent jurisdiction, or by operation of law. 
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(c) PENDING CIVIL ACTIONS.—Subject to the author-
ity of the Administrator under this Act, any civil action 
commenced with regard to that agency pending before 
that agency on the day before the transfer date with re-
spect to the transferred functions shall continue notwith-
standing the enactment of this Act or the transfer of an 
agency to the Administration. 
(d) REFERENCES.— 
(1) IN GENERAL.—After the transfer of func-
tions from a Federal agency under this Act, any ref-
erence in any other Federal law, Executive order, 
rule, regulation, directive, document, or other mate-
rial to that Federal agency or the head of that agen-
cy in connection with the administration or enforce-
ment of the food safety laws shall be deemed to be 
a reference to the Administration or the Adminis-
trator, respectively. 
(2) STATUTORY REPORTING REQUIREMENTS.— 
Statutory reporting requirements that applied in re-
lation to such an agency immediately before the ef-
fective date of this Act shall continue to apply fol-
lowing such transfer if the reporting requirements 
refer to the agency by name. 
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SEC. 505. CONFORMING AMENDMENTS. 
Section 5313 of title 5, United States Code, is 
amended by adding at the end the following new item: 
‘‘Administrator of Food Safety.’’. 
SEC. 506. ADDITIONAL TECHNICAL AND CONFORMING 
AMENDMENTS. 
Not later than 60 days after the submission of the 
reorganization plan under section 502, the President shall 
prepare and submit proposed legislation to Congress con-
taining necessary and appropriate technical and con-
forming amendments to any food safety law to reflect the 
changes made by this Act. 
SEC. 507. REGULATIONS. 
The Administrator may promulgate such regulations 
as the Administrator determines are necessary or appro-
priate to perform the duties of the Administrator. 
SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
SEC. 509. LIMITATION ON AUTHORIZATION OF APPROPRIA-
TIONS. 
For the fiscal year that includes the effective date 
of this Act, the amount authorized to be appropriated to 
carry out this Act shall not exceed— 
(1) the amount appropriated for that fiscal year 
for the Federal agencies identified in section 102(b) 
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for the purpose of administering or enforcing the 
food safety law; or 
(2) the amount appropriated for those agencies 
for that purpose for the preceding fiscal year, if, as 
of the effective date of this Act, appropriations for 
those agencies for the fiscal year that includes the 
effective date have not yet been made. 
SEC. 510. EFFECTIVE DATE. 
This Act and the amendments made by this Act take 
effect on the date of enactment of this Act. 
Æ 
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