(b) 
APPLICABILITY.—Traceability 
requirements 
under this section shall apply to food from food production 
facilities, food establishments, and foreign food establish-
ments. 
(c) REQUIREMENTS.— 
(1) STANDARDS.—The Administrator shall es-
tablish standards for the type of information, for-
mat, and timeframe for food production facilities 
and food establishments to submit records to aid the 
Administrator in effectively retrieving the history, 
use, and location of an item of food. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as requiring the Adminis-
trator to prescribe a specific technology for the 
maintenance of records or labeling of food to carry 
out the requirements of this section. 
(3) AVAILABILITY
OF
RECORDS
FOR
INSPEC-
TION.—Any records that are required by the Admin-
istrator under this section shall be available for in-
spection by the Administrator upon oral or written 
request. 
(4) DEMONSTRATION
OF
ABILITY.—The Ad-
ministrator, during any inspection, may require a 
food establishment to demonstrate its ability to trace 
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an item of food and submit the information in the 
format and timeframe required under paragraph (1). 
(d) RELATIONSHIP TO OTHER REQUIREMENTS.— 
(1) CONSISTENCY
WITH
EXISTING
STATUTES 
AND REGULATIONS.—To the extent possible, the Ad-
ministrator should establish the national traceability 
system under this section to be consistent with exist-
ing statutes and regulations that require record-
keeping or labeling for identifying the origin or his-
tory of food or food animals. 
(2) EXISTING LAWS.—For purposes of this sub-
section, the Administrator should review the fol-
lowing: 
(A) Country of origin labeling require-
ments of subtitle D of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1638 et seq.). 
(B) The Perishable Agricultural Commod-
ities Act of 1930 (7 U.S.C. 499a–t). 
(C) Country of origin labeling require-
ments of section 304 of the Tariff Act of 1930 
(19 U.S.C. 1340). 
(D) The National Animal Identification 
System as authorized by the Animal Health 
Protection Act of 2002 (7 U.S.C. 8301 et seq.). 
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(3) CERTAIN
REQUIREMENTS.—Nothing con-
tained in this section prevents or interferes with im-
plementation of the country of origin labeling re-
quirements of subtitle D of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1638 et seq.). 
SEC. 211. ACCREDITED LABORATORIES. 
(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program for accrediting labora-
tories to perform sampling and testing for purposes of this 
Act. Such program shall include— 
(1) standards for appropriate sampling and an-
alytical procedures; 
(2) training and experience qualification levels 
for individuals who conduct sampling and analysis; 
(3) annual onsite visits to audit the perform-
ance of an accredited laboratory; and 
(4) such additional requirements as the Admin-
istrator determines to be appropriate. 
(b) REQUIREMENTS.—To be accredited under this 
section, a laboratory shall— 
(1) prepare and submit an application for ac-
creditation to the Administrator; 
(2) meet required tests and standards estab-
lished by the Administrator; and 
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(3) comply with such terms and conditions as 
are determined necessary by the Administrator. 
(c) ACCREDITING BODIES.—The Administrator may 
approve State agencies or private, nonprofit entities as ac-
crediting bodies to act on behalf of the Administrator in 
accrediting laboratories under this section. The Adminis-
trator shall— 
(1) in making such approvals— 
(A) oversee and review the performance of 
any accrediting body acting on behalf of the 
Administrator to ensure that such accrediting 
body is in compliance with the requirements of 
this section; and 
(B) have the right to obtain from an ac-
crediting body acting on behalf of the Adminis-
trator and from any laboratory that may be cer-
tified by such a body all records and materials 
that may be necessary for the oversight and re-
view required by subparagraph (A); 
(2) reevaluate accreditation bodies approved 
under paragraph (1) whenever— 
(A) the Administrator determines a labora-
tory accredited by the accrediting body is no 
longer in compliance with this section; 
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(B) the Administrator determines the ac-
crediting body is no longer in compliance with 
the requirements of this section; or 
(C) no less than once every 5 years; and 
(3) promptly revoke the approval of any accred-
itation body found not to be in compliance with the 
requirements of this section. 
(d) REVOCATION OF ACCREDITATION.—The Admin-
istrator shall revoke the accreditation of any laboratory 
that fails to meet the requirements this section. 
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 food safety and research 
programs of the Department of Agriculture, shall— 
(1) identify on an ongoing basis the priorities 
for collection of epidemiological data and for other 
food safety research and data collection that are 
most important to implementing the food safety law 
and reducing the public health burden of food-borne 
illness; 
(2) have full access for purposes of imple-
menting the food safety law to the applicable data 
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and data systems of the Centers for Disease Control 
and Prevention, including data made available to the 
Centers by a State; 
(3) provide appropriate support and input on 
the design and implementation by the Centers for 
Disease Control and Prevention and the States of an 
active surveillance system that provides information 
on the incidence and causes of food-borne illness 
which is timely, detailed, and representative of the 
population of the United States; 
(4) based on data and information obtained 
from the Centers for Disease Control and Preven-
tion, the States, and other sources, assess the inci-
dence, distribution, public health impact, and causes 
of human illness in the United States associated 
with the consumption of food, and conduct research 
and analysis to devise effective and feasible interven-
tions to reduce food-borne illness; 
(5) maintain a state-of-the-art DNA matching 
system and epidemiological system dedicated to food- 
borne illness identification, outbreaks, and contain-
ment; and 
(6) utilize surveillance data created by means of 
monitoring and statistical studies conducted as part 
of its own inspection. 
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(b) PUBLIC HEALTH SAMPLING.— 
(1) IN GENERAL.—Not later than 1 year after 
the enactment 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— 
(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.— 
(1) IN
GENERAL.—Through the surveillance 
system and analyses referred to in subsection (a) 
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and the sampling system described in subsection (b), 
the Administrator shall— 
(A) rank food categories based on the haz-
ard to human health presented by the food cat-
egory and specific chemical and microbiological 
hazards associated with foods in those cat-
egories; 
(B) identify appropriate industry and regu-
latory approaches to minimize hazards in the 
food supply; and 
(C) assess the conditions affecting the like-
lihood that emerging pathogens and diseases, 
including zoonosis, will affect the safety of the 
food supply and possible strategies for mini-
mizing the potential risk to public health associ-
ated with emerging pathogens and diseases. 
(2) COMPONENTS OF ANALYSIS.—The analysis 
under subsection (b)(1) may include— 
(A) a comparison of the safety of commer-
cial processing with the health hazards associ-
ated with food that is harvested for recreational 
or subsistence purposes and prepared non-
commercially; 
(B) a comparison of the safety of food that 
is domestically processed with the health haz-
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ards associated with food that is processed out-
side the United States; 
(C) a description of contamination origi-
nating from handling practices that occur prior 
to or after the sale of food to consumers; and 
(D) use of comparative risk assessments. 
SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. 
(a) PUBLIC EDUCATION.— 
(1) IN GENERAL.—The Administrator, in co-
operation with private and public organizations, in-
cluding the cooperative extension services and build-
ing on the efforts of appropriate State and local en-
tities, shall establish a national public education pro-
gram on food safety. 
(2) REQUIREMENTS.—The program shall pro-
vide— 
(A) information to the public regarding 
Federal standards and best practices, and pro-
motion of public awareness and understanding 
of those standards and practices; 
(B) information for health professionals— 
(i) to improve diagnosis and treatment 
of food-related illness; and 
(ii) to advise individuals at special 
risk for food-related illnesses; and 
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(C) such other information or advice, in-
cluding on safe food handling practices, to con-
sumers and other persons as the Administrator 
determines will promote the purposes of this 
Act. 
(b) HEALTH ADVISORIES.—The Administrator, in 
consultation with 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 food found to pose a threat to the public 
health, including by identifying the retailers and 
food establishments where such food has been sold. 
SEC. 303. RESEARCH. 
(a) IN GENERAL.—The Administrator shall conduct 
research to carry out this Act, including studies to— 
(1) improve sanitation and food safety practices 
in the processing of food; 
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(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) utilize the DNA matching system and other 
processes to identify and control pathogens; 
(9) address common and emerging zoonotic dis-
eases; 
(10) develop methods to reduce or destroy 
harmful pathogens before, during, and after proc-
essing; 
(11) 
analyze 
the 
incidence 
of 
antibiotic 
resistence as it pertains to the food supply and de-
velop new methods to reduce the transfer of anti-
biotic resistance to humans; and 
(12) conduct other research that supports the 
purposes of this Act. 
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(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 establishment or foreign food es-
tablishment to fail to register under section 202, or 
to operate without a valid registration; 
(4) to refuse to permit access to a food estab-
lishment or food production facility for the inspec-
tion and copying of a record as required under sec-
tions 205(f) and 206(a); 
(5) to fail to establish or maintain any record 
or to make any report as required under sections 
205(f) and 206(b); 
(6) to refuse to permit entry to or inspection of 
a food establishment as required under section 205; 
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(7) to fail to provide to the Administrator the 
results of testing or sampling of food, equipment, or 
material in contact with food, that is positive for any 
contaminant under section 205(f)(1)(B); 
(8) to fail to comply with a provision, regula-
tion, or order of the Administrator under section 
202, 203, 204, 206, or 208; 
(9) to slaughter an animal that is capable for 
use in whole or in part as human food at a food es-
tablishment processing any food for commerce, ex-
cept in compliance with the food safety law; 
(10) to transfer food in violation of an adminis-
trative detention order under section 402 or to re-
move or alter a required mark or label identifying 
the food as detained; 
(11) to fail to comply with a recall or other 
order under section 403; or 
(12) to otherwise violate the food safety law. 
SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNA-
TION. 
(a) ADMINISTRATIVE DETENTION OF FOOD.— 
(1) EXPANDED
AUTHORITY.—The Adminis-
trator shall have authority under section 304 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
334) to administratively detain and seize any food 
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regulated under this Act that the Administrator has 
reason to believe is unsafe, is adulterated or mis-
branded, or otherwise fails to meet the requirements 
of the food safety law. 
(2) DETENTION AUTHORITY.—If, during an in-
spection conducted in accordance with section 205 or 
208, an officer, employee, or agent of the Adminis-
tration making the inspection has reason to believe 
that a domestic food, imported food, or food offered 
for import is unsafe, is adulterated or misbranded, 
or otherwise fails to meet the requirements of this 
the food safety law, the officer, employee, or agent 
may order the food detained. 
(3) PERIOD OF DETENTION.— 
(A) IN GENERAL.—A food may be detained 
under paragraph (1) or (2) for a reasonable pe-
riod, not to exceed 20 days, unless a longer pe-
riod, not to exceed 30 days, is necessary for the 
Administrator to institute a seizure action. 
(B) PERISHABLE
FOOD.—The Adminis-
trator shall provide by regulation for procedures 
to institute a seizure action on an expedited 
basis with respect to perishable food. 
(4) SECURITY OF DETAINED FOOD.— 
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(A) IN
GENERAL.—A detention order 
under this subsection— 
(i) may require that the food be la-
beled or marked as detained; and 
(ii) shall require that the food be re-
moved to a secure facility, if appropriate. 
(B) FOOD
SUBJECT
TO
AN
ORDER.—A 
food subject to a detention order under this 
subsection shall not be transferred by any per-
son from the place at which the food is re-
moved, until released by the Administrator or 
until the expiration of the detention period ap-
plicable under the order, whichever occurs first. 
(C) DELIVERY OF FOOD.—This subsection 
does not authorize the delivery of a food in ac-
cordance with execution of a bond while the ar-
ticle is subject to the order. 
(b) APPEAL OF DETENTION ORDER.— 
(1) IN GENERAL.—A person who would be enti-
tled to be a claimant for a food subject to a deten-
tion order under subsection (a) if the food were 
seized under section 304 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 334), may appeal the 
order to the Administrator. 
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(2) ACTION
BY
THE
ADMINISTRATOR.—Not 
later than 5 days after an appeal is filed under para-
graph (1), the Administrator, after providing an op-
portunity for an informal hearing, shall confirm, 
modify, or terminate the order involved. 
(3) FINAL
AGENCY
ACTION.—Confirmation, 
modification, or termination by the Administrator 
under paragraph (2) shall be considered a final 
agency action for purposes of section 702 of title 5, 
United States Code. 
(4) TERMINATION.—A detention order under 
subsection (a) shall be considered to be terminated 
if, after 5 days, the Administrator has failed— 
(A) to provide an opportunity for an infor-
mal hearing; or 
(B) to confirm, modify, or terminate the 
order. 
(5) EFFECT OF INSTITUTING COURT ACTION.— 
If the Administrator initiates an action under sec-
tion 302 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 332) or section 304(a) of that Act 
(21 U.S.C. 334(a)) for a food subject to a detention 
order under subsection (a), the process for the ap-
peal of the detention order with respect to such food 
shall terminate. 
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(c) CONDEMNATION OF FOOD.— 
(1) IN GENERAL.—After confirming a detention 
order, the Administrator may order the food con-
demned. 
(2) DESTRUCTION
OF
FOOD.—Any food con-
demned shall be destroyed under the supervision of 
the Administrator. 
(3) RELEASE OF FOOD.—If the Administrator 
determines that, through reprocessing, relabeling, or 
other action, a detained food can be brought into 
compliance with this Act, the food may be released 
following a determination by the Administrator that 
the relabeling or other action as specified by the Ad-
ministrator has been performed. 
(d) TEMPORARY HOLDS AT PORTS OF ENTRY.— 
(1) IN GENERAL.—If an officer or qualified em-
ployee of the Administration has reason to believe 
that a food is unsafe, is adulterated or misbranded, 
or otherwise fails to meet the requirements of this 
Act, and the officer or qualified employee is unable 
to inspect, examine, or investigate the food when the 
food is offered for import at a port of entry into the 
United States, the officer or qualified employee shall 
request the Secretary of Homeland Security to hold 
the food at the port of entry for a reasonable period 
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of time, not to exceed 24 hours, to enable the Ad-
ministrator to inspect or investigate the food as ap-
propriate. 
(2) REMOVAL TO SECURE FACILITY.—The Ad-
ministrator shall work in coordination with the Sec-
retary of Homeland Security to remove a food held 
in accordance with paragraph (1) to a secure facility 
as appropriate. 
(3) PROHIBITION ON TRANSFER.—During the 
period in which food is held, the food shall not be 
transferred by any person from the port of entry 
into the United States, or from the secure facility to 
which the food has been removed. 
(4) 
DELIVERY
IN
ACCORDANCE
WITH
A 
BOND.—The delivery of the food in accordance with 
the execution of a bond while the food is held is not 
authorized. 
(5) PROHIBITION ON REEXPORT.—A food found 
unfit for human or animal consumption shall be pro-
hibited from reexport without further processing to 
remove the contamination and reinspection by the 
Administration. 
SEC. 403. NOTIFICATION AND RECALL. 
(a) NOTICE TO ADMINISTRATOR OF VIOLATION.— 
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(i) processing, distributing, or other-
wise handling the food to immediately 
cease such activities with respect to the 
food; or 
(ii) to which the food has been distrib-
uted, transported, or sold, to immediately 
cease distribution of the food; 
(C) recall the food; 
(D) in conjunction with the Administrator, 
provide notice of the finding of the Adminis-
trator— 
(i) to consumers to whom the food 
was, or may have been, distributed; and 
(ii) to State and local public health of-
ficials; or 
(E) take any combination of the measures 
described in this paragraph, as determined by 
the Administrator to be appropriate in the cir-
cumstances. 
(2) MANDATORY
ACTIONS.—If a person re-
ferred to in paragraph (1) refuses to or does not 
adequately carry out the actions described in that 
paragraph within the time period and in the manner 
prescribed by the Administrator, the Administrator 
shall— 
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(A) have authority to control and possess 
the food, including ordering the shipment of the 
food from the food establishment to the Admin-
istrator— 
(i) at the expense of the food estab-
lishment; or 
(ii) in an emergency (as determined 
by the Administrator), at the expense of 
the Administration; and 
(B) by order, require, as the Administrator 
determines to be necessary, the person to imme-
diately— 
(i) cease distribution of the food; and 
(ii) notify all persons— 
(I) processing, distributing, or 
otherwise handling the food to imme-
diately cease such activities with re-
spect to the food; or 
(II) if the food has been distrib-
uted, transported, or sold, to imme-
diately cease distribution of the food. 
(3) NOTIFICATION TO CONSUMERS BY ADMINIS-
TRATOR.—The Administrator shall, as the Adminis-
trator determines to be necessary— 
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(A) provide notice of the finding of the Ad-
ministrator under paragraph (1)— 
(i) to consumers to whom the food 
was, or may have been, distributed; and 
(ii) to State and local public health of-
ficials; and 
(B) provide notice to the public of the 
names and addresses of retail locations at 
which recalled food products were available for 
sale. 
(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person that processes, distributes, or oth-
erwise handles the food, or to which the food has 
been distributed, transported, or sold, and that is 
notified under paragraph (1)(B) or (2)(B) shall im-
mediately cease distribution of the food. 
(5) AVAILABILITY
OF
RECORDS
TO
ADMINIS-
TRATOR.—Each person referred to in paragraph (1) 
that processed, distributed, or otherwise handled 
food shall make available to the Administrator infor-
mation necessary to carry out this subsection, as de-
termined by the Administrator, regarding— 
(A) persons that processed, distributed, or 
otherwise handled the food; and 
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(B) persons to which the food has been 
transported, sold, distributed, or otherwise han-
dled. 
(c) INFORMAL HEARINGS ON ORDERS.— 
(1) IN GENERAL.—The Administrator shall pro-
vide any person subject to an order under subsection 
(b) with an opportunity for an informal hearing, to 
be held as soon as practicable but not later than 2 
business days after the issuance of the order. 
(2) SCOPE
OF
THE
HEARING.—In a hearing 
under paragraph (1), the Administrator shall con-
sider the actions required by the order and any rea-
sons why the food that is the subject of the order 
should not be recalled. 
(d) POST-HEARING RECALL ORDERS.— 
(1) AMENDMENT
OF
ORDER.—If, after pro-
viding an opportunity for an informal hearing under 
subsection (c), the Administrator determines that 
there is a reasonable probability that the food that 
is the subject of an order under subsection (b), if 
consumed, would present a threat to the public 
health, the Administrator, as the Administrator de-
termines to be necessary, may— 
(A) amend the order to require recall of 
the food 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 of the recall to con-
sumers to whom the food was, or may have 
been, distributed. 
(2) VACATION OF ORDERS.—If, after providing 
an opportunity for an informal hearing under sub-
section (c), the Administrator determines that ade-
quate grounds do not exist to continue the actions 
required by the order, the Administrator shall vacate 
the order. 
(e) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided in this section shall be in addition to, and not exclu-
sive of, other remedies that may be available. 
SEC. 404. 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, 208, or 401 (or a regulation promulgated there-
under). 
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(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. 405. 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 (in-
cluding a regulation promulgated or order 
issued under the food safety law) may be as-
sessed a civil penalty by the Administrator of 
not more than $1,000,000 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 
basis for the penalty under subparagraph (B) 
considered by the Administrator. 
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(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, fined in ac-
cordance with title 18, United States Code, 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-
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tent to defraud or mislead, shall be imprisoned for 
not more than 5 years, fined in accordance with title 
18, United States Code, 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 
or undertaking signed by, and containing the 
name and address of, the person from whom 
the food was received in good faith, stating that 
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the food is not adulterated or misbranded under 
the food safety law. 
(c) JUDICIAL REVIEW.— 
(1) IN GENERAL.—An order assessing a civil 
penalty against a person 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. 
(d) COLLECTION ACTIONS FOR FAILURE TO PAY.— 
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(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 the 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. 
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(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 are in addition to, and not exclusive 
of, other remedies that may be available. 
SEC. 406. 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. 407. WHISTLEBLOWER PROTECTION. 
(a) IN GENERAL.— 
(1) PROHIBITION.—No Federal employee, em-
ployee of a Federal contractor or subcontractor, or 
covered individual may be discharged, demoted, sus-
pended, threatened, harassed, or in any other man-
ner discriminated against, because of any lawful act 
done by the employee or covered individual to— 
(A) provide information, cause information 
to be provided, or otherwise assist in an inves-
tigation regarding any conduct that the covered 
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