human pathogens and other potentially harmful sub-
stances shall be governed by 5 U.S.C. 552 et seq. The 
Secretary may, as the Secretary deems necessary, require 
any person, firm, or corporation with responsibility for or 
control over food ingredients to adopt processing controls, 
where such processing controls are needed to assure the 
protection of public health. 
SEC. 103. INSPECTIONS OF PROCESSORS AND IMPORTERS. 
(a) NATURE OF INSPECTIONS.— 
(1) The inspection system shall provide for fre-
quent unannounced inspections of food processing 
and importing facilities to determine if such facilities 
are operated in a sanitary manner and if food prod-
ucts are unsafe for human consumption, or adulter-
ated or misbranded under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.). Inspec-
tions shall include review of processing records and 
sampling of food products. 
(2) Inspections shall be conducted at least quar-
terly, unless the Secretary determines that the facil-
ity is an exceptional or negligible-risk facility under 
standards established by the Secretary. 
(3) Standards for exceptional or negligible-risk 
facilities shall consider the hazards associated with 
the type of product being produced; and the facility’s
history of compliance, food safety problems and such 
other factors as the Secretary may deem appro-
priate. The Secretary shall specify an alternative in-
spection frequency for each facility which is deemed 
exceptional or negligible-risk. Each inspection shall 
include an examination of whether the facility con-
tinues to meet the standards for exceptional or neg-
ligible-risk facilities. 
(b) CONDUCT OF INSPECTIONS.— 
(1) An inspection under subsection (a) of any 
domestic, foreign, or importing facility shall extend 
to all things therein (including records required to 
be maintained under subsection (e), processes, con-
trols, and premises) that bear on whether food prod-
ucts are in compliance with this Act or the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.). Access to records may include the copying of 
such records. 
(2) In conducting such inspections, officers or 
employees duly designated by the Secretary, upon 
presenting appropriate credentials to the owner, op-
erator, or agent in charge, are authorized— 
(A) to enter at reasonable times any facil-
ity in which persons are engaged in the food 
processing or importing of food products, or to
enter any vehicle being used to transport or 
hold such food products; 
(B) to inspect in a reasonable manner such 
facility or vehicle and all pertinent equipment, 
finished and unfinished materials, containers, 
labeling, processes, controls, and premises; and 
(C) to collect and retain samples of food 
products or ingredients or of any other items 
found during an inspection that may contribute 
to a finding of whether such food products are 
unsafe for human consumption or adulterated 
or misbranded under the Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.). 
(3) Immediately after completion of inspection, 
the officer or employee making the inspection shall 
give to the owner, operator, or agent in charge a re-
port in writing setting forth any conditions or prac-
tices observed which indicate that either processing 
controls are inadequate to prevent or minimize food 
safety hazards or that any food from such facility is 
unsafe for human consumption, or adulterated or 
misbranded under the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.). 
(c) PRODUCT DETENTION AND CONDEMNATION.—
(1) If, during an inspection conducted under 
this section, an officer or employee making the in-
spection has reason to believe that a food product is 
unsafe for human consumption, or adulterated or 
misbranded under the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.), such officer or 
employee may order the food product segregated, 
impounded, and if objection is not made within 48 
hours, condemned. If objection is made, such food 
products that are in perishable form may be proc-
essed to the extent necessary to prevent spoilage, 
and a hearing shall be commenced expeditiously. 
(2) If the Secretary determines that, through 
relabeling or other action, such food products can be 
brought into compliance with this Act and the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.), the food may be released following a deter-
mination by the Secretary that such relabeling or 
other action as specified by the Secretary has been 
performed. 
(3) Any food product condemned without objec-
tion, or after hearing and judicial review, shall be 
destroyed under supervision of the Secretary. 
(d) OFFICIAL MARK.—The Secretary shall prescribe 
by regulation the conditions under which any food product
shall display an official mark, when needed to facilitate 
exports, that signifies that the food product has been proc-
essed in accordance with standards approved by the Sec-
retary. Such a mark may be subject to a fee. 
(e) MAINTENANCE OF RECORDS.—Each facility or 
person registered under this section shall maintain and 
make available for inspection by the Secretary such 
records as the Secretary may prescribe. Such records shall 
be maintained for a reasonable period of time as deter-
mined by the Secretary. The records shall include, but are 
not limited to, information concerning— 
(1) the origin, receipt, delivery, sale, movement, 
holding, and disposition of food products or ingredi-
ents; the identity and amount of ingredients used in 
the food; the processing of the food; the results of 
laboratory, sanitation, or other quality control tests 
performed on the food or in the facility; consumer 
complaints concerning the food or its packaging; and 
(2) other matters reasonably related to whether 
food products may be unsafe for human consump-
tion, or adulterated or misbranded under the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.). 
(f) OTHER INSPECTION RIGHTS AND DUTIES.—Sec-
tion 704 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 374) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) The rights and duties under this section of duly 
designated officers and employees and of other persons 
shall apply to enforcement of the Consumer Food Safety 
Act of 2005 to the same extent and in the same manner 
as they apply to enforcement of this Act.’’. 
SEC. 104. TOLERANCES FOR CONTAMINANTS IN FOOD. 
(a) TOLERANCES.—The Secretary shall establish tol-
erances limiting the quantity of contaminants, except for 
pesticide residues regulated under section 408 or food ad-
ditives regulated under section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), that, 
when found in food products, may render such products 
unsafe for human consumption. Contaminants include but 
are not limited to bacteria, chemical contaminants, natural 
toxins, viruses and parasites that when found on or in food 
can cause human illness. Such tolerances may include in-
dicators (including indicator organisms) from which it 
may reasonably be inferred that a contaminant is present 
in a food product. In developing a tolerance, the Secretary 
shall take into account the extent to which consumers may 
be exposed to such contaminant from sources other than 
food, and the extent to which such contaminant can be
avoided or minimized in the commercial handling and 
processing of such food. 
(b) REGULATIONS.— 
(1) The Secretary, after notice and an oppor-
tunity for comment, shall promulgate regulations to 
implement subsection (a) within 48 months after the 
date of enactment of this Act. In promulgating such 
regulations, the Secretary shall establish tolerances 
for the contaminants that the Secretary determines 
are having the greatest public health impact as early 
as feasible after implementation of this Act. 
(2) A tolerance established under this section 
shall be based on— 
(A) a scientific analysis of the health risks 
attributable to the contaminant for which the 
tolerance is established; and 
(B) analysis of the risks for sensitive 
groups, such as children, elderly, pregnant 
women and the immune compromised. 
(3) The Secretary shall, in a timely manner, 
issue revisions to the regulations under paragraph 
(1) which take into account new information. The 
Secretary may contract with the National Academy 
of Sciences to provide such data or assistance as the 
Secretary deems necessary.
(c) REPORT.—The Secretary shall report to the Con-
gress on the progress of the Secretary in establishing tol-
erances under this section. The report shall include a de-
scription of the research that has been conducted with re-
spect to such tolerances and the research that must be 
conducted before additional tolerances may be established, 
the health significance of the lack of such additional toler-
ances, a timetable for the establishment of such toler-
ances, and the estimated costs, including costs of research, 
associated with the establishment of such tolerances. The 
report shall be transmitted on or about the end of the 18th 
month after the date of enactment of this Act, and bienni-
ally thereafter during the 6-year period that begins on 
such date of enactment. 
SEC. 105. STATE AND FEDERAL COOPERATION. 
(a) IN GENERAL.—The Secretary shall work with the 
States in undertaking activities and programs that con-
tribute to the national food safety program so that State 
and Federal programs function in a coordinated and cost- 
effective manner. With the assistance provided in sub-
section (b), the Secretary shall encourage 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; and
(2) establish procedures and requirements for 
ensuring that food products under the jurisdiction of 
the State are not unsafe for human consumption. 
(b) ASSISTANCE.— 
(1) The Secretary may provide to a State, for 
planning, developing, and implementing a food safe-
ty program— 
(A) advisory assistance; 
(B) technical and laboratory assistance 
and training (including necessary materials and 
equipment); and 
(C) financial and other aid. 
(c) SERVICE AGREEMENTS.—The Secretary may, 
under agreements entered into with Federal, State, or 
local agencies, use on a reimbursable basis or otherwise 
the personnel, services, and facilities of such agencies in 
carrying out their responsibilities under this Act. Such an 
agreement shall provide that any compliance records, no-
tices, or reports issued in connection with activities under 
the agreement and in the possession of the agency or gov-
ernment which entered into the agreement shall be made 
available in accordance with section 552 of title 5, United 
States Code. Agreements with a State under this sub-
section may provide for training of State employees.