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SEC. 105. 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
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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,
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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. 106. 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;
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(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.
SEC. 107. IMPORTS.
(a) ROLE OF SECRETARY.—Within 24 months after
the date of enactment of this Act, the Secretary shall es-
tablish and administer a comprehensive and efficient sys-
tem to ensure the safety of food imported into the United
States. The Secretary shall routinely inspect processing
facilities in exporting nations and imports at ports of entry
into the United States. The Secretary shall assure the ef-
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fective operation through verification and other activities
as the Secretary considers necessary.
(b) IMPORT REQUIREMENTS.—
(1) No food product may enter the United
States, or be withdrawn from a warehouse, for con-
sumption in the United States if such food
product—
(A) appears unsafe for human consump-
tion, or adulterated or misbranded under the
Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(B) is not marked or labeled as required
by regulations for domestic or imported articles;
or
(C) does not comply with the requirements
of this section.
(2) Upon entry for consumption in the United
States, food products that are not prohibited from
entry or from withdrawal from a warehouse under
paragraph (1) shall be deemed to be and treated as
domestic food products, except that all labeling of
such products shall clearly identify the country of
origin to facilitate the identification of products
linked to outbreaks of illness.
(c) INSPECTION OF IMPORTS.—
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(1) Food products that are offered for importa-
tion, or withdrawn from a warehouse, for consump-
tion in the United States, shall be subject to exami-
nations inspections, sampling, and such other proce-
dures at the port of entry or in the exporting nation
by officers or employees duly designated by the Sec-
retary. Such procedures shall be conducted with
such frequency and in such manner as the Secretary
may prescribe by regulation.
(2) Food products from a nation that is cer-
tified for such food products under subsection (e)(3)
shall be subject to random examinations, inspections,
sampling, and other procedures. Food products from
a nation that is not certified for such food products
under subsection (e)(3) shall be subject to such in-
tensified examinations, inspections, sampling, and
other verification procedures, including inspection in
the country of origin, as the Secretary determines
are necessary to ensure compliance with this Act.
(d) DETENTION OF IMPORTED FOOD PRODUCT.—If
during an inspection or other verification procedure car-
ried out under this section, an officer or employee con-
ducting the procedure has reason to believe that a food
product is unsafe for human consumption, or adulterated
or misbranded under the Federal Food, Drug, and Cos-
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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 perish-
able form may be processed to the extent necessary to pre-
vent spoilage, and a hearing shall be commenced expedi-
tiously. The final condemnation or other disposition of
such food product shall be subject to the provisions of sec-
tion 104(c).
(e) AGREEMENTS WITH FOREIGN NATIONS.—
(1) The Secretary may enter into an agreement
with any nation desiring to export food products to
the United States. Prior to concluding such an
agreement, the Secretary shall evaluate the food
safety program of the foreign nation to determine if
such program provides at least the same level of pro-
tection, with respect to food products intended for
export to the United States, as domestic laws that
affect the safety of the food supply. In such evalua-
tion, the Secretary shall consider—
(A) the potential for health, sanitary, envi-
ronmental, or other conditions within the for-
eign nation to adversely affect the safety of
food products exported from such nation; and
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(B) how well the food safety programs of
the foreign nation functions to minimize any
adverse effects on such safety.
(2) Any agreement under this subsection with a
nation desiring to export food products to the
United States shall—
(A) require that the exporting nation
shall—
(i) establish and maintain a food safe-
ty system that is adequate to ensure that
the food products intended for export to
the United States are safe for human con-
sumption, and not adulterated or mis-
branded under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.);
and
(ii) promptly notify the Secretary of
any violations affecting the safety of food
products exported or intended for export to
the United States;
(B) provide for such activities (whether in
the exporting nation or at the port of entry dur-
ing importation) by the Secretary, including ex-
aminations, inspections, sampling, and testing,
at such stages in the growth or harvest of food,
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or in the processing or handling of food prod-
ucts, as the Secretary considers appropriate to
ensure that the food safety program of the ex-
porting nation continues to provide at least the
same level of protection, with respect to food
products intended for export to the United
States, as domestic laws that affect the safety
of the food supply; and
(C) provide for reciprocity with respect to
the treatment of food imports and exports be-
tween the United States and the exporting na-
tion.
(3) If the Secretary determines that a nation
desiring to export food products to the United States
has a program that provides at least the saline level
of protection, with respect to food products intended
for export to the United States, as domestic laws
that affect the safety of the food supply, the Sec-
retary shall, upon entry into force of an agreement
under subsection (e)(1), certify the types of food
products for which the nation maintains such a pro-
gram.
(4)(A) The Secretary shall periodically or for
good cause, and not less than once every 3 years, re-
view certifications made under paragraph (3), and
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shall revoke the certification of any nation that the
Secretary determines is not maintaining a food safe-
ty program that provides at least the same level of
protection, with respect to food products intended
for export to the United States, as domestic laws
that affect the safety of the food supply.
(B) The Secretary shall review and modify, as
needed, an agreement made under paragraph (1)
with any nation whose certification has been revoked
under subparagraph (A) of this paragraph.
TITLE II—RESEARCH AND
EDUCATION
SEC. 201. PUBLIC HEALTH ASSESSMENT SYSTEM.
(a) COOPERATION WITH THE CENTERS FOR DISEASE
CONTROL AND PREVENTION.—The Secretary shall work,
through the Centers for Disease Control and Prevention,
to include food in an active surveillance system, based on
a representative proportion of the population of the United
States, and to assess more accurately the frequency and
sources of human illness in the United States associated
with the consumption of food.
(b) PUBLIC HEALTH SAMPLING.—
(1) Within 12 months after the date of enact-
ment of this Act, the Secretary in cooperation with
the Secretary of Agriculture shall establish guide-
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lines for a sampling system under which the Sec-
retary and the Secretary of Agriculture shall take
and analyze samples of food products to assist the
Secretary in carrying out this Act and the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), and to more accurately assess the nature, fre-
quency of occurrence, and amounts of contaminants
in food products.
(2) Such sampling system shall provide—
(A) statistically valid monitoring, including
market-basket studies, on the nature, frequency
of occurrence, and amounts of contaminants in
food products available to consumers; and
(B) at the request of the Secretary, such
other information, including analysis of moni-
toring and verification samples, as the Sec-
retary determines may be useful in assessing
the occurrence of contaminants in food prod-
ucts.
(c) ASSESSMENT OF HEALTH HAZARDS.—Through
the surveillance system referred to in subsection (a) and
the sampling system described in subsection (b), the Sec-
retary shall rank food categories based on their hazard
to human health and identify appropriate industry and
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regulatory approaches to minimize hazards in the food
supply. Such analysis could include—
(1) the safety of commercial harvesting and
processing, as compared with the health hazards as-
sociated with food products that are harvested for
recreational or subsistence purposes and prepared
noncommercially;
(2) the safety of food products that are domes-
tically harvested and processed, as compared with
the health hazards associated with food products
that are harvested or processed outside the United
States; and
(3) contamination originating from handling
practices that occur prior to or after sale of food
products to consumers.
SEC. 202. PUBLIC EDUCATION AND ADVISORY SYSTEM.
(a) PUBLIC EDUCATION.—The Secretary, in coopera-
tion with private and public organizations, including the
cooperative extension services and appropriate State enti-
ties, shall design and implement a national public edu-
cation program on food safety. The program shall
provide—
(1) information to the public regarding Federal
standards and good practice requirements and pro-