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, includ-
ing notification of the Secretary of Agriculture 
and the Secretary of Education in the event 
such recalled food is a commodity intended for 
use in a child nutrition program (as defined in 
section 25(b) of the Richard B. Russell Na-
tional 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. 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(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, 
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.— 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(A) IN GENERAL.—Any person that vio-
lates section 401 may be assessed a civil pen-
alty by the Administrator of not more than 
$250,000 for each violation. 
(B) SEPARATE OFFENSE.—Each violation 
described in subparagraph (A) and each day 
during which that violation 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 
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 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(iv) any history of prior offenses by 
the person under the food safety law. 
(C) REVIEW OF ORDER.—A written order 
under subparagraph (A) 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 violates subpara-
graph (A) or (B) of section 401(1) shall be impris-
oned for not more than 1 year, fined not more than 
$10,000, or both. 
(2) SEVERE VIOLATIONS.—A person that com-
mits a violation described in paragraph (1) after a 
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, 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 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
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 
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— 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(i) the court of appeals of the United 
States for the judicial circuit in which that 
person resides or has its principal place of 
business; or 
(ii) the United States Court of Ap-
peals for the District of Columbia Circuit; 
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. 
(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 
(c) has entered final judgment in favor of the Ad-
ministrator, the Administrator shall refer the matter 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
to the Attorney General, who shall institute in a dis-
trict court of the United States of competent juris-
diction 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 
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 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
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 1013 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 that 
section applies with respect to a violation of, or any act 
or omission an employee reasonably believes to be a viola-
tion of, any provision of the Federal Food, Drug, and Cos-
metic 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 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(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. 
(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 district court of the United States of 
competent jurisdiction. 
SEC. 408. CITIZEN CIVIL ACTIONS. 
(a) CIVIL ACTIONS.—A person may commence a civil 
action against— 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(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 district court of the United States for 
the judicial district in which the defendant resides, 
is found, or has an agent. 
(2) JURISDICTION.—The court described in 
paragraph (1) shall have jurisdiction, without regard 
to the amount in controversy or the citizenship of 
the parties, to enforce a regulation (including a reg-
ulation establishing a performance standard), order, 
or other action of the Administrator, or to order the 
Administrator to perform the act or duty. 
(3) DAMAGES.—The court described in para-
graph (1) may— 
(A) award damages, in the amount of dam-
ages actually sustained; and 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
(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. 
In this title, the term ‘‘transition period’’ means the 
12-month period beginning on the date of enactment of 
this Act. 
SEC. 502. REORGANIZATION PLAN. 
(a) SUBMISSION OF PLAN.—Not later than 180 days 
after the date of enactment of this Act, the President shall 
transmit to the appropriate congressional committees a re-
organization plan regarding the following: 
(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 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
02:44 Oct 29, 2019
Jkt 099200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
pamtmann on DSKBC07HB2PROD with BILLS