H. R. 3448—78
provided, the grower of the article; the country from which the
article originates; the country from which the article is shipped;
and the anticipated port of entry for the article. An article of
food imported or offered for import without submission of such
notice in accordance with the requirements under this paragraph
shall be refused admission into the United States. Nothing in this
section may be construed as a limitation on the port of entry
for an article of food.
‘‘(2)(A) Regulations under paragraph (1) shall require that a
notice under such paragraph be provided by a specified period
of time in advance of the time of the importation of the article
of food involved or the offering of the food for import, which period
shall be no less than the minimum amount of time necessary
for the Secretary to receive, review, and appropriately respond
to such notification, but may not exceed five days. In determining
the specified period of time required under this subparagraph,
the Secretary may consider, but is not limited to consideration
of, the effect on commerce of such period of time, the locations
of the various ports of entry into the United States, the various
modes of transportation, the types of food imported into the United
States, and any other such consideration. Nothing in the preceding
sentence may be construed as a limitation on the obligation of
the Secretary to receive, review, and appropriately respond to any
notice under paragraph (1).
‘‘(B)(i) If an article of food is being imported or offered for
import into the United States and a notice under paragraph (1)
is not provided in advance in accordance with the requirements
under paragraph (1), such article shall be held at the port of
entry for the article, and may not be delivered to the importer,
owner, or consignee of the article, until such notice is submitted
to the Secretary, and the Secretary examines the notice and deter-
mines that the notice is in accordance with the requirements under
paragraph (1). Subsection (b) does not authorize the delivery of
the article pursuant to the execution of a bond while the article
is so held. The article shall be removed to a secure facility, as
appropriate. During the period of time that such article is so held,
the article shall not be transferred by any person from the port
of entry into the United States for the article, or from the secure
facility to which the article has been removed, as the case may
be.
‘‘(ii) In carrying out clause (i) with respect to an article of
food, the Secretary shall determine whether there is in the posses-
sion of the Secretary any credible evidence or information indicating
that such article presents a threat of serious adverse health con-
sequences or death to humans or animals.
‘‘(3)(A) This subsection may not be construed as limiting the
authority of the Secretary to obtain information under any other
provision of this Act.
‘‘(B) This subsection may not be construed as authorizing the
Secretary to impose any requirements with respect to a food to
the extent that it is within the exclusive jurisdiction of the Secretary
of Agriculture pursuant to the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C.
451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031
et seq.).’’.
H. R. 3448—79
(b) PROHIBITED ACT.—Section 301 of the Federal Food, Drug,
and Cosmetic Act, as amended by section 305(b) of this Act, is
amended by adding at the end the following:
‘‘(ee) The importing or offering for import into the United States
of an article of food in violation of the requirements under section
801(m).’’.
(c) RULEMAKING; EFFECTIVE DATE.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Health and
Human Services shall promulgate proposed and final regula-
tions for the requirement of providing notice in accordance
with section 801(m) of the Federal Food, Drug, and Cosmetic
Act (as added by subsection (a) of this section). Such require-
ment of notification takes effect—
(A) upon the effective date of such final regulations;
or
(B) upon the expiration of such 18-month period if
the final regulations have not been made effective as of
the expiration of such period, subject to compliance with
the final regulations when the final regulations are made
effective.
(2) DEFAULT; MINIMUM
PERIOD
OF
ADVANCE
NOTICE.—If
under paragraph (1) the requirement for providing notice in
accordance with section 801(m) of the Federal Food, Drug,
and Cosmetic Act takes effect without final regulations having
been made effective, then for purposes of such requirement,
the specified period of time that the notice is required to be
made in advance of the time of the importation of the article
of food involved or the offering of the food for import shall
be not fewer than eight hours and not more than five days,
which shall remain in effect until the final regulations are
made effective.
SEC. 308. AUTHORITY TO MARK ARTICLES REFUSED ADMISSION INTO
UNITED STATES.
(a) IN GENERAL.—Section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)), as amended by section 307(a)
of this Act, is amended by adding at the end the following:
‘‘(n)(1) If a food has been refused admission under subsection
(a), other than such a food that is required to be destroyed, the
Secretary may require the owner or consignee of the food to affix
to the container of the food a label that clearly and conspicuously
bears the statement: ‘UNITED STATES: REFUSED ENTRY’.
‘‘(2) All expenses in connection with affixing a label under
paragraph (1) shall be paid by the owner or consignee of the
food involved, and in default of such payment, shall constitute
a lien against future importations made by such owner or consignee.
‘‘(3) A requirement under paragraph (1) remains in effect until
the Secretary determines that the food involved has been brought
into compliance with this Act.’’.
(b) MISBRANDED FOODS.—Section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding
at the end the following:
‘‘(v) If—
‘‘(1) it fails to bear a label required by the Secretary under
section 801(n)(1) (relating to food refused admission into the
United States);
H. R. 3448—80
‘‘(2) the Secretary finds that the food presents a threat
of serious adverse health consequences or death to humans
or animals; and
‘‘(3) upon or after notifying the owner or consignee involved
that the label is required under section 801, the Secretary
informs the owner or consignee that the food presents such
a threat.’’.
(c) RULE OF CONSTRUCTION.—With respect to articles of food
that are imported or offered for import into the United States,
nothing in this section shall be construed to limit the authority
of the Secretary of Health and Human Services or the Secretary
of the Treasury to require the marking of refused articles of food
under any other provision of law.
SEC. 309. PROHIBITION AGAINST PORT SHOPPING.
Section 402 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342) is amended by adding at the end the following:
‘‘(h) If it is an article of food imported or offered for import
into the United States and the article of food has previously been
refused admission under section 801(a), unless the person reoffering
the article affirmatively establishes, at the expense of the owner
or consignee of the article, that the article complies with the
applicable requirements of this Act, as determined by the Sec-
retary.’’.
SEC. 310. NOTICES TO STATES REGARDING IMPORTED FOOD.
Chapter IX of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.) is amended by adding at the end the following
section:
‘‘SEC. 908. NOTICES TO STATES REGARDING IMPORTED FOOD.
‘‘(a) IN GENERAL.—If the Secretary has credible evidence or
information indicating that a shipment of imported food or portion
thereof presents a threat of serious adverse health consequences
or death to humans or animals, the Secretary shall provide notice
regarding such threat to the States in which the food is held
or will be held, and to the States in which the manufacturer,
packer, or distributor of the food is located, to the extent that
the Secretary has knowledge of which States are so involved. In
providing notice to a State, the Secretary shall request the State
to take such action as the State considers appropriate, if any,
to protect the public health regarding the food involved.
‘‘(b) RULE OF CONSTRUCTION.—Subsection (a) may not be con-
strued as limiting the authority of the Secretary with respect to
food under any other provision of this Act.’’.
SEC. 311. GRANTS TO STATES FOR INSPECTIONS.
Chapter IX of the Federal Food, Drug, and Cosmetic Act, as
amended by section 310 of this Act, is amended by adding at
the end the following section:
‘‘SEC. 909. GRANTS TO STATES FOR INSPECTIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to make grants
to States, territories, and Indian tribes (as defined in section 4(e)
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e))) that undertake examinations, inspections, and
investigations, and related activities under section 702. The funds
provided under such grants shall only be available for the costs
H. R. 3448—81
of conducting such examinations, inspections, investigations, and
related activities.
‘‘(b) NOTICES REGARDING ADULTERATED IMPORTED FOOD.—The
Secretary may make grants to the States for the purpose of assisting
the States with the costs of taking appropriate action to protect
the public health in response to notification under section 908,
including planning and otherwise preparing to take such action.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$10,000,000 for fiscal year 2002, and such sums as may be necessary
for each of the fiscal years 2003 through 2006.’’.
SEC. 312. SURVEILLANCE AND INFORMATION GRANTS AND AUTHORI-
TIES.
Part B of title III of the Public Health Service Act (42 U.S.C.
243 et seq.) is amended by inserting after section 317P the following:
‘‘SEC. 317R. FOOD SAFETY GRANTS.
‘‘(a) IN GENERAL.—The Secretary may award grants to States
and Indian tribes (as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)))
to expand participation in networks to enhance Federal, State,
and local food safety efforts, including meeting the costs of estab-
lishing and maintaining the food safety surveillance, technical, and
laboratory capacity needed for such participation.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$19,500,000 for fiscal year 2002, and such sums as may be necessary
for each of the fiscal years 2003 through 2006.’’.
SEC. 313. SURVEILLANCE OF ZOONOTIC DISEASES.
The Secretary of Health and Human Services, through the
Commissioner of Food and Drugs and the Director of the Centers
for Disease Control and Prevention, and the Secretary of Agriculture
shall coordinate the surveillance of zoonotic diseases.
SEC. 314. AUTHORITY TO COMMISSION OTHER FEDERAL OFFICIALS
TO CONDUCT INSPECTIONS.
Section 702(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 372(a)) is amended—
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;
(2) by striking ‘‘In the case of food packed’’ and inserting
the following:
‘‘(3) In the case of food packed’’;
(3) by striking ‘‘For the purposes of this subsection’’ and
inserting the following:
‘‘(4) For the purposes of this subsection,’’; and
(4) by inserting after paragraph (1) (as designated by para-
graph (1) of this section) the following paragraph:
‘‘(2)(A) In addition to the authority established in paragraph
(1), the Secretary, pursuant to a memorandum of understanding
between the Secretary and the head of another Federal department
or agency, is authorized to conduct examinations and investigations
for the purposes of this Act through the officers and employees
of such other department or agency, subject to subparagraph (B).
Such a memorandum shall include provisions to ensure adequate
training of such officers and employees to conduct the examinations