(D) withdraw the mark of inspection from 
the food establishment, if in use; or 
(E) take other appropriate enforcement ac-
tion concerning the food establishment, includ-
ing withdrawal of registration. 
(e) 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. 
SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS. 
(a) IN GENERAL.—The Administrator shall establish 
an inspection program, which shall include sampling and 
testing of food and food establishments, to determine if 
each food establishment— 
(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) is in compliance with applicable perform-
ance standards established under section 204, and 
other regulatory requirements; 
(4) is processing food that is safe and not adul-
terated or misbranded; 
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(5) maintains records of process control plans 
under section 203, and other records related to the 
processing, sampling, and handling of food; and 
(6) is in compliance with the requirements of 
the food safety law. 
(b) ESTABLISHMENT CATEGORIES AND INSPECTION 
FREQUENCIES.—The resource plan required under section 
209, including the description of resources required to 
carry out inspections of food establishments, shall be 
based on the following categories and inspection fre-
quencies, subject to subsections (c), (d), and (e): 
(1) CATEGORY 1 FOOD ESTABLISHMENTS.—A 
category 1 food establishment shall be subject to 
antemortem, postmortem, 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 establishment has successfully 
identified and removed from the slaughter line 
visibly defective or contaminated carcasses, has 
avoided cross-contamination, and destroyed or 
reprocessed them in a manner acceptable to the 
Administrator; and 
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(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 ESTABLISHMENTS.—A 
category 2 food establishment shall be randomly in-
spected at least daily. 
(3) CATEGORY 3 FOOD ESTABLISHMENTS.—A 
category 3 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
(B) be randomly inspected at least month-
ly. 
(4) CATEGORY 4 FOOD ESTABLISHMENTS.—A 
category 4 food establishment shall be randomly in-
spected at least quarterly. 
(5) CATEGORY 5 FOOD ESTABLISHMENTS.—A 
category 5 food establishment shall be randomly in-
spected at least annually. 
(c) 
ESTABLISHMENT
OF
INSPECTION
PROCE-
DURES.—The Administrator shall establish procedures 
under which inspectors or safety officers shall take ran-
dom samples, photographs, and copies of records in food 
establishments. 
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(d) ALTERNATIVE
INSPECTION
FREQUENCIES.— 
With respect to a category 2, 3, 4, or 5 food establishment, 
the Administrator may establish alternative increasing or 
decreasing inspection frequencies for subcategories of food 
establishments or individual establishments, to foster risk- 
based allocation of resources, subject to the following cri-
teria and procedures: 
(1) Subcategories of food establishments and 
their alternative inspection frequencies shall be de-
fined by regulation, subject to paragraphs (2) and 
(3). 
(2) Regulations of alternative inspection fre-
quencies for subcategories of food establishments 
under paragraph (1) and for a specific food estab-
lishment under paragraph (4) shall provide that— 
(A) category 2 food establishments shall be 
inspected at least monthly; and 
(B) category 3, 4, and 5 food establish-
ments shall be inspected at least annually. 
(3) In defining subcategories of food establish-
ments and their alternative inspection frequencies 
under paragraphs (1) and (2), the Administrator 
shall consider— 
(A) the nature of the food products being 
processed, stored, or transported; 
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(B) the manner in which food products are 
processed, stored, or transported; 
(C) the inherent likelihood that the prod-
ucts will contribute to the risk of food-borne ill-
ness; 
(D) the best available evidence concerning 
reported illnesses associated with the foods pro-
duced in the proposed subcategory of establish-
ments; and 
(E) the overall record of compliance with 
the food safety law among establishments in the 
proposed subcategory, including compliance 
with applicable performance standards and the 
frequency of recalls. 
(4) The Administrator may adopt alternative 
inspection frequencies for increased or decreased in-
spection for a specific establishment, subject to 
paragraphs (2) and (5), and shall periodically pub-
lish a list of establishments subject to alternative in-
spections. 
(5) In adopting alternative inspection fre-
quencies for a specific establishment, the Adminis-
trator shall consider— 
(A) the criteria in paragraph (3); 
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(B) whether products from the specific es-
tablishment have been associated with a case or 
an outbreak of food-borne illness; and 
(C) the record of the establishment of com-
pliance with the food safety law, including com-
pliance with applicable performance standards 
and the frequency of recalls. 
(6) Before establishing decreased alternative in-
spection frequencies for subcategories of establish-
ments or individual establishments, the Adminis-
trator shall— 
(A) 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 food-borne illness than the use of resources 
described in subsection (b); 
(B) describe the alternative uses of re-
sources in general terms when issuing the regu-
lation or order that establishes the alternative 
inspection frequency; 
(C) consider the supporting evidence that 
an individual food establishment shall submit 
related to whether an alternative inspection fre-
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quency should be established for such establish-
ment by the Administrator; and 
(D) include a description of the alternative 
uses in the annual resource plan required in 
section 209. 
(e) INSPECTION TRANSITION.—The Administrator 
shall manage the transition to the inspection system de-
scribed in this Act as follows: 
(1) In the case of a category 1 or 2 food estab-
lishment, the Administrator shall continue to imple-
ment the applicable inspection mandates of the Fed-
eral Meat Inspection 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— 
(A) regulations required to implement this 
section have been promulgated; 
(B) the performance standards required by 
section 204(c) have been promulgated and im-
plemented for 1 year; and 
(C) the establishment has achieved compli-
ance with the other applicable provisions of the 
food safety law. 
(2) In the case of a category 1 or 2 food estab-
lishment that, within 2 years after the promulgation 
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of the performance standards required by section 
204(c), has not achieved compliance with the food 
safety law, the Administrator shall— 
(A) issue an order prohibiting the estab-
lishment from operating pending a demonstra-
tion by the establishment that sufficient 
changes in facilities, procedures, personnel, or 
other aspects of the process control system have 
been made such that the Administrator deter-
mines that compliance with the food safety law 
is achieved; and 
(B) following the demonstration required 
in subparagraph (A), issue an order authorizing 
the food establishment to operate subject, at a 
minimum, to— 
(i) the inspection requirement applica-
ble to the establishment under subsection 
(b) (1) or (2); and 
(ii) such other inspection or compli-
ance measures determined by the Adminis-
trator necessary to assure compliance with 
the applicable food safety law. 
(3) In the case of a category 3 food establish-
ment, the Administrator shall continue to implement 
the applicable inspection mandates of the Federal 
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