(1) visit and inspect food production facilities in 
the United States and in foreign countries to inves-
tigate bioterrorism threats and for other critical food 
safety purposes; 
(2) review food safety records as required to be 
kept by the Administrator to carry out traceback 
and for other critical food safety purposes; 
(3) set good practice standards to protect the 
public and animal health and promote food safety; 
(4) conduct monitoring and surveillance of ani-
mals, plants, products, or the environment, as ap-
propriate; and 
(5) collect and maintain information relevant to 
public health and farm practices. 
SEC. 207. FEDERAL AND STATE COOPERATION. 
(a) IN GENERAL.—The Administrator shall work 
with the States to carry out activities and programs that 
create a national food safety program so that Federal and 
State programs function in a coordinated and cost-effec-
tive manner. 
(b) STATE ACTION.—The Administrator shall work 
with States to— 
(1) continue, strengthen, or establish State food 
safety programs, especially with respect to the regu-
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lation of retail commercial food establishments, 
transportation, harvesting, and fresh markets; 
(2) continue, strengthen, or establish inspection 
programs and requirements to ensure that food 
under the jurisdiction of the State is safe; and 
(3) support recall authorities at the State and 
local levels. 
(c) ASSISTANCE.—To assist in planning, developing, 
and implementing a food safety program, the Adminis-
trator may provide and continue to a State— 
(1) advisory assistance; 
(2) technical and laboratory assistance and 
training (including necessary materials and equip-
ment); and 
(3) financial, in kind, and other aid. 
(d) SERVICE AGREEMENTS.— 
(1) IN
GENERAL.—The Administrator may, 
under agreements entered into with Federal, State, 
or local agencies, use on a reimbursable basis or oth-
erwise, the personnel and services of those agencies 
in carrying out this Act. 
(2) TRAINING.—Agreements with a State under 
this subsection may provide for training of State em-
ployees. 
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(3) MAINTENANCE OF AGREEMENTS.—The Ad-
ministrator shall maintain any agreement that is in 
effect on the day before the date of enactment of 
this Act until the Administrator evaluates such 
agreement and determines whether to maintain or 
substitute such agreement. 
(e) AUDITS.— 
(1) IN GENERAL.—The Administrator shall an-
nually conduct a comprehensive review of each State 
program that provides services to the Administrator 
in carrying out the responsibilities under this Act, 
including mandated inspections under section 205. 
(2) REQUIREMENTS.—The review shall— 
(A) include a determination of the effec-
tiveness of the State program; and 
(B) identify any changes necessary to en-
sure enforcement of Federal requirements 
under this Act. 
(f) NO FEDERAL PREEMPTION.—Nothing in this Act 
shall be construed to preempt the enforcement of State 
food safety laws and standards that are at least as strin-
gent as those under this Act. 
SEC. 208. IMPORTS. 
(a) IN GENERAL.—Not later than 2 years after the 
effective date of this Act, the Administrator shall establish 
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a system under which a foreign government or foreign 
food establishment seeking to import food to the United 
States shall submit a request for certification to the Ad-
ministrator. 
(b) CERTIFICATION STANDARD.—A foreign govern-
ment or foreign food establishment requesting a certifi-
cation to import food to the United States shall dem-
onstrate, in a manner determined appropriate by the Ad-
ministrator, that food produced under the supervision of 
a foreign government or by the foreign food establishment 
has met standards for food safety, inspection, labeling, 
and consumer protection that are at least equivalent to 
standards applicable to food produced in the United 
States. 
(c) CERTIFICATION APPROVAL.— 
(1) REQUEST
BY
FOREIGN
GOVERNMENT.— 
Prior to granting the certification request of a for-
eign government, the Administrator shall review, 
audit, and certify the food safety program of a re-
questing foreign government (including all statutes, 
regulations, and inspection authority) as at least 
equivalent to the food safety program in the United 
States, as demonstrated by the foreign government. 
(2) REQUEST BY FOREIGN FOOD ESTABLISH-
MENT.—Prior to granting the certification request of 
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a foreign food establishment, the Administrator shall 
certify, based on an onsite inspection, the food safe-
ty programs and procedures of a requesting foreign 
firm as at least equivalent to the food safety pro-
grams and procedures of the United States. 
(d) LIMITATION.—A foreign government or foreign 
firm approved by the Administrator to import food to the 
United States under this section shall be certified to ex-
port only the approved food products to the United States 
for a period not to exceed 5 years. 
(e) WITHDRAWAL OF CERTIFICATION.—The Admin-
istrator may withdraw certification of any food from a for-
eign government or foreign firm— 
(1) if such food is linked to an outbreak of 
human illness; 
(2) following an investigation by the Adminis-
trator that finds that the foreign government pro-
grams and procedures or foreign food establishment 
is no longer equivalent to the food safety programs 
and procedures in the United States; or 
(3) following a refusal to allow United States 
officials to conduct such audits and investigations as 
may be necessary to fulfill the requirements under 
this section. 
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(f) RENEWAL
OF CERTIFICATION.—The Adminis-
trator shall audit foreign governments and foreign food 
establishments at least every 5 years to ensure the contin-
ued compliance with the standards set forth in this sec-
tion. 
(g) REQUIRED ROUTINE INSPECTION.—The Admin-
istrator shall routinely inspect food and food animals (via 
a physical examination) before it enters the United States 
to ensure that it is— 
(1) safe; 
(2) labeled as required for food produced in the 
United States; and 
(3) otherwise meets requirements under the 
food safety law. 
(h) ENFORCEMENT.—The Administrator is author-
ized to— 
(1) deny importation of food from any foreign 
government that does not permit United States offi-
cials to enter the foreign country to conduct such 
audits and inspections as may be necessary to fulfill 
the requirements under this section; 
(2) deny importation of food from any foreign 
government or foreign firm that does not consent to 
an investigation by the Administration when food 
from that foreign country or foreign firm is linked 
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