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) the regulations required to implement 
this section have been promulgated; 
(B) the first resource plan under section 
209 has been submitted; and 
(C) for individual establishments, compli-
ance with the food safety law has been dem-
onstrated. 
(4) In the case of a category 3 food establish-
ment that, within 1 year after the promulgation of 
the regulations required to implement this section, 
have not demonstrated 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 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
(B) following the demonstration required 
in subparagraph (A), issue an order authorizing 
the establishment to operate subject, at a min-
imum, to— 
(i) the inspection requirement applica-
ble to the establishment under subsection 
(b)(3); and 
(ii) such other inspection or compli-
ance measures determined by the Adminis-
trator necessary to assure compliance with 
the food safety law. 
(5) In the case of a category 4 or 5 food estab-
lishment, the inspection requirements of this Act 
shall be implemented as soon as possible after— 
(A) the promulgation of the regulations re-
quired to implement this section; 
(B) the publication of the first resource 
plan under section 209; and 
(C) the commencement of the first fiscal 
year in which the Administration is operating 
with budgetary resources that Congress has ap-
propriated following consideration of the re-
source plan under section 209. 
(f) OFFICIAL MARK.— 
(1) IN GENERAL.— 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
(A) ESTABLISHMENT.—Before the comple-
tion of the transition process under paragraphs 
(1) through (3) of subsection (e), the Adminis-
trator shall by regulation establish an official 
mark that shall be affixed to a food product 
produced in a category 1, 2, or 3 establishment, 
subject to subparagraph (B). 
(B) PREREQUISITE.—The official mark re-
quired under subparagraph (A) shall be affixed 
to a food product by the Administrator if the 
establishment has been inspected by the Admin-
istrator in accordance with the inspection fre-
quencies under this section and the establish-
ment is in compliance with the food safety law. 
(C) REMOVAL
OF
OFFICIAL
MARK.—The 
Administrator shall promulgate regulations that 
provide for the removal of the official mark 
under this subsection if the Administrator 
makes a finding that the establishment is not in 
compliance with the food safety law. 
(2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH-
MENTS.—In the case of products produced in a cat-
egory 1, 2, or 3 food establishment— 
(A) products subject to Federal Meat In-
spection Act (21 U.S.C. 601 et seq.), the Poul-
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
try Products Inspection Act (21 U.S.C. 451 et 
seq.), the Egg Products Inspection Act (21 
U.S.C. 1031 et seq.), and the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) as of the date of enactment of this Act 
shall remain subject to the requirement under 
those Acts that they bear the mark of inspec-
tion pending completion of the transition proc-
ess under paragraphs (1) through (3) of sub-
section (e); 
(B) the Administrator shall publicly certify 
on a monthly basis that the inspection fre-
quencies required under this Act have been 
achieved; and 
(C) a product from an establishment that 
has not been inspected in accordance with the 
required frequencies under this section shall not 
bear the official mark and shall not be shipped 
in interstate commerce. 
(3) CATEGORY
AND
FOOD
ESTABLISH-
MENTS.—In the case of a product produced in a cat-
egory 4 or 5 food establishment the Administrator 
shall provide by regulation for the voluntary use of 
the official mark established under paragraph (1), 
subject to— 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
(A) such minimum inspection frequencies 
as determined appropriate by the Adminis-
trator; 
(B) compliance with applicable perform-
ance standards and other provisions of the food 
safety law; and 
(C) such other requirements the Adminis-
trator considers appropriate. 
(g) IMPLEMENTATION.—Not later than 1 year after 
the effective date of this Act, the Administrator shall issue 
regulations to implement subsections (b) through (e). 
(h) MAINTENANCE AND INSPECTION OF RECORDS.— 
(1) IN GENERAL.— 
(A) 
RECORDS.—A 
food 
establishment 
shall— 
(i) maintain such records as the Ad-
ministrator shall require by regulation, in-
cluding all records relating to the proc-
essing, distributing, receipt, or importation 
of any food; and 
(ii) permit the Administrator, in addi-
tion to any authority of the food safety 
agencies in effect on the day before the 
date of enactment of this Act, upon pres-
entation of appropriate credentials and at 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
reasonable times and in a reasonable man-
ner, to have access to and copy all records 
maintained by or on behalf of such food es-
tablishment representative in any format 
(including paper or electronic) and at any 
location, that are necessary to assist the 
Administrator— 
(I) to determine whether the food 
is contaminated or not in compliance 
with the food safety law; or 
(II) to track the food in com-
merce. 
(B) REQUIRED DISCLOSURE.—A food es-
tablishment shall have an affirmative obligation 
to disclose to the Administrator the results of 
testing or sampling of food, equipment, or ma-
terial in contact with food, that is positive for 
any contaminant. 
(2) MAINTENANCE OF RECORDS.—The records 
in paragraph (1) shall be maintained for a reason-
able period of time, as determined by the Adminis-
trator. 
(3) REQUIREMENTS.—The records in para-
graph (1) shall include records describing— 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS
(A) the origin, receipt, delivery, sale, move-
ment, holding, and disposition of food or ingre-
dients; 
(B) the identity and quantity of ingredi-
ents used in the food; 
(C) the processing of the food; 
(D) the results of laboratory, sanitation, or 
other tests performed on the food or in the food 
establishment; 
(E) consumer complaints concerning the 
food or packaging of the food; 
(F) the production codes, open date codes, 
and locations of food production; and 
(G) other matters reasonably related to 
whether food is unsafe, is adulterated or mis-
branded, or otherwise fails to meet the require-
ments of this Act. 
(i) PROTECTION OF SENSITIVE INFORMATION.— 
(1) IN GENERAL.—The Administrator shall de-
velop and maintain procedures to prevent the unau-
thorized disclosure of any trade secret or confiden-
tial information obtained by the Administrator. 
(2) LIMITATION.—The requirement under this 
subsection does not— 
VerDate Aug 31 2005 
03:44 Feb 24, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
mstockstill on PROD1PC66 with BILLS