(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 new processes, research, communica-
tions, 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 potential 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 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 establishments and foreign 
food establishments and regular unannounced in-
spection of food establishments; 
(2) enforce the adoption of process controls in 
food establishments, based on best available sci-
entific and public health considerations 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-
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dures that prevent food contamination are effective 
on an ongoing basis and that food meets the stand-
ards 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) have access to the surveillance data of the 
Centers for Disease Control and Prevention, and 
other Federal Government agencies, in order to im-
plement a national surveillance system to assess the 
health risks associated with the human consumption 
of food or to create surveillance data and studies; 
(8) develop public education risk communica-
tion and advisory programs; 
(9) implement a basic and applied research pro-
gram to further the purposes of this Act; and 
(10) coordinate and prioritize food safety re-
search and educational programs with other agen-
cies, including State or local agencies. 
SEC. 202. REGISTRATION OF FOOD ESTABLISHMENTS AND 
FOREIGN FOOD ESTABLISHMENTS. 
(a) IN GENERAL.—The Administrator shall by regu-
lation require that any food establishment or foreign food 
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establishment engaged in processing food in the United 
States be registered with the Administrator. 
(b) REGISTRATION REQUIREMENTS.— 
(1) IN GENERAL.—To be registered under sub-
section (a)— 
(A) in the case of a food establishment, the 
owner, operator, or agent in charge of the food 
establishment shall submit a registration to the 
Administrator; and 
(B) in the case of a foreign food establish-
ment, the owner, operator, or agent in charge 
of the foreign food establishment shall— 
(i) submit a registration to the Ad-
ministrator; and 
(ii) provide the name, address, and 
emergency contact information of the 
United States agent for the foreign food 
establishment. 
(2) REGISTRATION.—A food establishment or 
foreign food establishment shall submit a registra-
tion under paragraph (1) to the Administrator 
that— 
(A) identifies the name, address, and emer-
gency contact information of each food estab-
lishment or foreign food establishment that the 
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registrant operates under this Act and all trade 
names under which the registrant conducts 
business relating to food; 
(B) lists the primary purpose and business 
activity of each food establishment or foreign 
food establishment, including the dates of oper-
ation if the food establishment or foreign food 
establishment is seasonal; 
(C) lists the types of food processed or sold 
at each food establishment or, for foreign food 
establishments selling food for consumption in 
the United States, identifies the specific food 
categories of that food as listed under section 
170.3 of title 21, Code of Federal Regulations; 
and 
(D) not later than 30 days after a change 
in the products, function, or legal status of the 
food establishment or foreign food establish-
ment (including cessation of business activities), 
notifies the Administrator of the change. 
(3) PROCEDURE.—Upon receipt of a completed 
registration described in paragraph (1), the Admin-
istrator shall notify the registrant of the receipt of 
the registration, designate each establishment as a 
category 1, 2, 3, 4, or 5 food establishment, and as-
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sign a registration number to each food establish-
ment and foreign food establishment. 
(4) LIST.—The Administrator shall compile and 
maintain an up-to-date list of food establishments 
and foreign food establishments that are registered 
under this section. The Administrator may establish 
regulations by which such list may be shared with 
other governmental authorities. 
(5) DISCLOSURE EXEMPTION.—The disclosure 
requirements under section 552 of title 5, United 
States Code, shall not apply to— 
(A) the list compiled under paragraph (4); 
and 
(B) information derived from the list under 
paragraph (4), to the extent that it discloses 
the identity or location of a specific registered 
person. 
(6) SUSPENSION OF REGISTRATION.— 
(A) IN GENERAL.—The Administrator may 
suspend the registration of a food establishment 
or foreign food establishment, including the fa-
cility of an importer, for violation of a food 
safety law. 
(B) NOTICE
AND
OPPORTUNITY
FOR 
HEARING.—The Administrator shall provide no-
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tice to a registrant immediately upon the sus-
pension of the registration of the facility and 
provide registrant with an opportunity for a 
hearing within 3 days of the suspension. 
(7) REINSTATEMENT.—A registration that is 
suspended under this section may be reinstated pur-
suant to criteria published in the Federal Register 
by the Administrator. 
SEC. 203. PREVENTATIVE PROCESS CONTROLS TO REDUCE 
ADULTERATION OF FOOD. 
(a) IN GENERAL.—The Administrator shall, upon the 
basis of best available public health, scientific, and techno-
logical data, promulgate regulations to ensure that food 
establishments carry out their responsibilities to— 
(1) process food in a sanitary manner so that 
it is free of dirt and filth; 
(2) limit the presence of potentially harmful 
contaminants in food; 
(3) implement appropriate measures of prevent-
ative process control to minimize and reduce the 
presence and growth of contaminants in food and 
meet the performance standards established under 
section 204; 
(4) process all fully processed or ready-to-eat 
food in a sanitary manner, using reasonably avail-
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able techniques and technologies to eliminate any po-
tentially harmful contaminants; and 
(5) label food intended for final processing out-
side commercial food establishments with instruc-
tions for handling and preparation for consumption 
that will destroy contaminants. 
(b) REGULATIONS.—Not later than 1 year after the 
effective date of this Act, the Administrator shall promul-
gate regulations that— 
(1) require all food establishments to adopt pre-
ventative process controls that are— 
(A) adequate to protect the public health; 
(B) meet relevant regulatory and food 
safety standards; and 
(C) limit the presence and growth of con-
taminants in food prepared in a food establish-
ment; 
(2) set standards for sanitation; 
(3) meet any performance standards for con-
taminants established under section 204; 
(4) require recordkeeping to monitor compli-
ance; 
(5) require sampling and testing at a frequency 
and in a manner sufficient to ensure that process 
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controls are effective on an ongoing basis and that 
regulatory standards are being met; and 
(6) provide for agency access to records kept by 
food establishments and submission of copies of the 
records to the Administrator, as the Administrator 
determines appropriate. 
(c) 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) IN GENERAL.—To protect the public health, the 
Administrator shall establish by regulation and enforce 
performance standards that define, with respect to specific 
food-borne contaminants and foods, the level of food safety 
performance that a person responsible for producing, proc-
essing, or selling food shall meet. 
(b) IDENTIFICATION OF CONTAMINANTS; PERFORM-
ANCE STANDARDS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator shall identify the food-borne contaminants 
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and food that contribute significantly to the risk of 
food-borne illness. 
(2) PERFORMANCE
STANDARDS.—As soon as 
practicable after the identification of the contami-
nants under paragraph (1), the Administrator shall 
establish appropriate performance standards to pro-
tect against all food-borne contaminants. 
(3) SIGNIFICANT CONTAMINANTS.—The Admin-
istrator shall establish performance standards for 
the 5 contaminants that contribute to the greatest 
number of illnesses or deaths associated with raw 
meat, poultry, and seafood not later than 3 years 
after the date of enactment of this Act. The Admin-
istrator shall revise such standards not less often 
than every 3 years. 
(c) PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The performance standards 
established under this section shall include— 
(A) health-based standards that set the 
level of a contaminant that can safely and law-
fully be present in food; 
(B) zero tolerances, including zero toler-
ances for fecal matter, in addition to any zero- 
tolerance standards in effect on the day before 
the date of enactment of this Act, when nec-
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