and food establishments to submit records to aid the 
Administrator in effectively retrieving the history, 
use, and location of an item of food. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as requiring the Adminis-
trator to prescribe a specific technology for the 
maintenance of records or labeling of food to carry 
out the requirements of this section. 
(3) AVAILABILITY
OF
RECORDS
FOR
INSPEC-
TION.—Any records that are required by the Admin-
istrator under this section shall be available for in-
spection by the Administrator upon oral or written 
request. 
(4) DEMONSTRATION
OF
ABILITY.—The Ad-
ministrator, during any inspection, may require a 
food establishment to demonstrate its ability to trace 
an item of food and submit the information in the 
format and timeframe required under paragraph (1). 
(d) RELATIONSHIP TO OTHER REQUIREMENTS.— 
(1) CONSISTENCY
WITH
EXISTING
STATUTES 
AND REGULATIONS.—To the extent possible, the Ad-
ministrator should establish the national traceability 
system under this section to be consistent with exist-
ing statutes and regulations that require record-
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keeping or labeling for identifying the origin or his-
tory of food or food animals. 
(2) EXISTING LAWS.—For purposes of this sub-
section, the Administrator should review the fol-
lowing: 
(A) Country of origin labeling require-
ments of subtitle D of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1638 et seq.). 
(B) The Perishable Agricultural Commod-
ities Act of 1930 (7 U.S.C. 499a–t). 
(C) Country of origin labeling require-
ments of section 304 of the Tariff Act of 1930 
(19 U.S.C. § 1340). 
(D) The National Animal Identification 
System as authorized by the Animal Health 
Protection Act of 2002 (7 U.S.C. 8301 et seq.). 
(3) CERTAIN
REQUIREMENTS.—Nothing con-
tained in this section prevents or interferes with im-
plementation of the country of origin labeling re-
quirements of subtitle D of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1638 et seq.). 
SEC. 211. ACCREDITED LABORATORIES. 
(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program for accrediting labora-
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tories to perform sampling and testing for purposes of this 
Act. Such program shall include— 
(1) standards for appropriate sampling and an-
alytical procedures; 
(2) training and experience qualification levels 
for individuals who conduct sampling and analysis; 
(3) annual onsite visits to audit the perform-
ance of an accredited laboratory; and 
(4) such additional requirements as the Admin-
istrator determines to be appropriate. 
(b) REQUIREMENTS.—To be accredited under this 
section, a laboratory shall— 
(1) prepare and submit an application for ac-
creditation to the Administrator; 
(2) meet required tests and standards estab-
lished by the Administrator; and 
(3) comply with such terms and conditions as 
are determined necessary by the Administrator. 
(c) ACCREDITING BODIES.—The Administrator may 
approve State agencies or private, nonprofit entities as ac-
crediting bodies to act on behalf of the Administrator in 
accrediting laboratories under this section. The Adminis-
trator shall— 
(1) in making such approvals— 
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(A) oversee and review the performance of 
any accrediting body acting on behalf of the 
Administrator to ensure that such accrediting 
body is in compliance with the requirements of 
this section; and 
(B) have the right to obtain from an ac-
crediting body acting on behalf of the Adminis-
trator and from any laboratory that may be cer-
tified by such a body all records and materials 
that may be necessary for the oversight and re-
view required by subparagraph (A); 
(2) reevaluate accreditation bodies approved 
under paragraph (1) whenever— 
(A) the Administrator determines a labora-
tory accredited by the accrediting body is no 
longer in compliance with this section; 
(B) the Administrator determines the ac-
crediting body is no longer in compliance with 
the requirements of this section; or 
(C) no less than once every 5 years; and 
(3) promptly revoke the approval of any accred-
itation body found not to be in compliance with the 
requirements of this section. 
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(d) REVOCATION OF ACCREDITATION.—The Admin-
istrator shall revoke the accreditation of any laboratory 
that fails to meet the requirements this section. 
TITLE III—RESEARCH AND 
EDUCATION 
SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. 
(a) IN GENERAL.—The Administrator, acting in co-
ordination with the Director of the Centers for Disease 
Control and Prevention and with food safety and research 
programs of the Department of Agriculture, shall— 
(1) identify on an ongoing basis the priorities 
for collection of epidemiological data and for other 
food safety research and data collection that are 
most important to implementing the food safety law 
and reducing the public health burden of food-borne 
illness; 
(2) have full access for purposes of imple-
menting the food safety law to the applicable data 
and data systems of the Centers for Disease Control 
and Prevention, including data made available to the 
Centers by a State; 
(3) provide appropriate support and input on 
the design and implementation by the Centers for 
Disease Control and Prevention and the States of an 
active surveillance system that provides information 
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on the incidence and causes of food-borne illness 
which is timely, detailed, and representative of the 
population of the United States; 
(4) based on data and information obtained 
from the Centers for Disease Control and Preven-
tion, the States, and other sources, assess the inci-
dence, distribution, public health impact, and causes 
of human illness in the United States associated 
with the consumption of food, and conduct research 
and analysis to devise effective and feasible interven-
tions to reduce food-borne illness; 
(5) maintain a state-of-the-art DNA matching 
system and epidemiological system dedicated to food- 
borne illness identification, outbreaks, and contain-
ment; and 
(6) utilize surveillance data created by means of 
monitoring and statistical studies conducted as part 
of its own inspection. 
(b) PUBLIC HEALTH SAMPLING.— 
(1) IN GENERAL.—Not later than 1 year after 
the enactment of this Act, the Administrator shall 
establish guidelines for a sampling system under 
which the Administrator shall take and analyze sam-
ples of food— 
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(A) to assist the Administrator in carrying 
out this Act; and 
(B) to assess the nature, frequency of oc-
currence, and quantities of contaminants in 
food. 
(2) REQUIREMENTS.—The sampling system de-
scribed in paragraph (1) shall provide— 
(A) statistically valid monitoring, including 
market-based studies, on the nature, frequency 
of occurrence, and quantities of contaminants 
in food available to consumers; and 
(B) at the request of the Administrator, 
such other information, including analysis of 
monitoring and verification samples, as the Ad-
ministrator determines may be useful in assess-
ing the occurrence of contaminants in food. 
(c) ASSESSMENT OF HEALTH HAZARDS.— 
(1) IN
GENERAL.—Through the surveillance 
system and analyses referred to in subsection (a) 
and the sampling system described in subsection (b), 
the Administrator shall— 
(A) rank food categories based on the haz-
ard to human health presented by the food cat-
egory and specific chemical and microbiological 
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hazards associated with foods in those cat-
egories; 
(B) identify appropriate industry and regu-
latory approaches to minimize hazards in the 
food supply; and 
(C) assess the conditions affecting the like-
lihood that emerging pathogens and diseases, 
including zoonosis, will affect the safety of the 
food supply and possible strategies for mini-
mizing the potential risk to public health associ-
ated with emerging pathogens and diseases. 
(2) COMPONENTS OF ANALYSIS.—The analysis 
under subsection (b)(1) may include— 
(A) a comparison of the safety of commer-
cial processing with the health hazards associ-
ated with food that is harvested for recreational 
or subsistence purposes and prepared non-
commercially; 
(B) a comparison of the safety of food that 
is domestically processed with the health haz-
ards associated with food that is processed out-
side the United States; 
(C) a description of contamination origi-
nating from handling practices that occur prior 
to or after the sale of food to consumers; and 
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(D) use of comparative risk assessments. 
SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. 
(a) PUBLIC EDUCATION.— 
(1) IN GENERAL.—The Administrator, in co-
operation with private and public organizations, in-
cluding the cooperative extension services and build-
ing on the efforts of appropriate State and local en-
tities, shall establish a national public education pro-
gram on food safety. 
(2) REQUIREMENTS.—The program shall pro-
vide— 
(A) information to the public regarding 
Federal standards and best practices, and pro-
motion of public awareness and understanding 
of those standards and practices; 
(B) information for health professionals— 
(i) to improve diagnosis and treatment 
of food-related illness; and 
(ii) to advise individuals at special 
risk for food-related illnesses; and 
(C) such other information or advice, in-
cluding on safe food handling practices, to con-
sumers and other persons as the Administrator 
determines will promote the purposes of this 
Act. 
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(b) HEALTH ADVISORIES.—The Administrator, in 
consultation with other Federal departments and agencies 
as the Administrator determines necessary, shall work 
with the States and other appropriate entities— 
(1) to develop and distribute regional and na-
tional advisories concerning food safety; 
(2) to develop standardized formats for written 
and broadcast advisories; 
(3) to incorporate State and local advisories 
into the national public education program estab-
lished under subsection (a); and 
(4) to present prompt, specific information re-
garding food found to pose a threat to the public 
health, including by identifying the retailers and 
food establishments where such food has been sold. 
SEC. 303. RESEARCH. 
(a) IN GENERAL.—The Administrator shall conduct 
research to carry out this Act, including studies to— 
(1) improve sanitation and food safety practices 
in the processing of food; 
(2) develop improved techniques to monitor and 
inspect food; 
(3) develop efficient, rapid, and sensitive meth-
ods to detect contaminants in food; 
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(4) determine the sources of contamination of 
contaminated food; 
(5) develop food consumption data; 
(6) identify ways that animal production tech-
niques could improve the safety of the food supply; 
(7) draw upon research and educational pro-
grams that exist at the State and local level; 
(8) utilize the DNA matching system and other 
processes to identify and control pathogens; 
(9) address common and emerging zoonotic dis-
eases; 
(10) develop methods to reduce or destroy 
harmful pathogens before, during, and after proc-
essing; 
(11) 
analyze 
the 
incidence 
of 
antibiotic 
resistence as it pertains to the food supply and de-
velop new methods to reduce the transfer of anti-
biotic resistance to humans; and 
(12) conduct other research that supports the 
purposes of this Act. 
(b) CONTRACT AUTHORITY.—The Administrator may 
enter into contracts and agreements with any State, uni-
versity, Federal Government agency, or person to carry 
out this section. 
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SEC. 304. WORKING GROUP ON IMPROVING FOODBORNE 
ILLNESS SURVEILLANCE. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator shall establish a diverse 
working group of experts and stakeholders from Federal, 
State, and local food safety and health agencies, the food 
industry, consumer organizations, and academia. Such 
working group shall provide the Administrator, through 
at least annual meetings of the working group and an an-
nual public report, advice and recommendations on an on-
going and regular basis regarding the improvement of 
food-borne illness surveillance, including advice and rec-
ommendations on— 
(1) the priority needs of regulatory agencies, 
the food industry, and consumers for information 
and analysis on food-borne illness and its causes 
that can be used to prevent food-borne illness; 
(2) opportunities to improve the effectiveness of 
initiatives at the Federal, State, and local levels, in-
cluding coordination and integration of activities 
among Federal agencies, and between the Federal, 
State, and local levels of government; 
(3) improvement in the timeliness and depth of 
access by regulatory and health agencies, the food 
industry, academic researchers, and consumers to 
food-borne illness surveillance data collected by gov-
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ernment agencies at all levels, including data com-
piled by the Centers for Disease Control and Preven-
tion; 
(4) key barriers to improvement in food-borne 
illness surveillance and its utility for preventing 
food-borne illness at Federal, State, and local levels; 
and 
(5) specific actions to reduce barriers to such 
improvement, implement the working group’s rec-
ommendations, with measurable objectives and 
timelines, and identification of resource and staffing 
needs. 
SEC. 305. CAREER-SPANNING TRAINING FOR FOOD INSPEC-
TORS. 
(a) IN GENERAL.—The Administrator shall make a 
grant to an entity described in subsection (c) to provide 
training to Federal, State, and local food inspectors. 
(b) USE OF FUNDS.—The Administrator may make 
a grant under this section to an applicant only if the appli-
cant agrees to use the grant to provide regular, standard-
ized, graduated, career-spanning training, based on a cur-
riculum developed by the Association of Food and Drug 
Officials, to Federal, State, and local food inspectors. 
(c) ELIGIBLE ENTITY.—An entity described in this 
subsection is an entity that— 
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(1) is described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); 
(2) has the capability to train not less than 
1,000 food inspectors per year; and 
(3) offers both on-site and off-site training for 
food inspectors. 
SEC. 306. FOOD-BORNE ILLNESS HEALTH REGISTRY. 
(a) PURPOSE.—The purpose of the registry under 
subsection (b) is to stimulate research on the trends, 
sources, health outcomes, and preventive strategies related 
to food-borne disease. 
(b) REGISTRY.—For the purpose described in sub-
section (a), the Secretary of Health and Human Services, 
acting through the Director of the Centers for Disease 
Control and Prevention, shall develop and maintain a reg-
istry, to be known as the Food-Borne Illness Health Reg-
istry, consisting of data on the trends, sources, health out-
comes, and preventive strategies related to food-borne dis-
ease. 
SEC. 307. STUDY ON FEDERAL RESOURCES. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall complete a study on the Federal resources 
being dedicated to food-borne illness and food safety re-
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search and submit a report on the results of such study 
to the Congress. 
TITLE IV—ENFORCEMENT 
SEC. 401. PROHIBITED ACTS. 
It is prohibited— 
(1) to manufacture, introduce, deliver for intro-
duction, or receive in interstate commerce any food 
that is adulterated, misbranded, or otherwise unsafe; 
(2) to adulterate or misbrand any food in inter-
state commerce; 
(3) for a food establishment or foreign food es-
tablishment to fail to register under section 202, or 
to operate without a valid registration; 
(4) to refuse to permit access to a food estab-
lishment or food production facility for the inspec-
tion and copying of a record as required under sec-
tions 205(f) and 206(a); 
(5) to fail to establish or maintain any record 
or to make any report as required under sections 
205(f) and 206(b); 
(6) to refuse to permit entry to or inspection of 
a food establishment as required under section 205; 
(7) to fail to provide to the Administrator the 
results of testing or sampling of food, equipment, or 
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material in contact with food, that is positive for any 
contaminant under section 205(f)(1)(B); 
(8) to fail to comply with a provision, regula-
tion, or order of the Administrator under section 
202, 203, 204, 206, or 208; 
(9) to slaughter an animal that is capable for 
use in whole or in part as human food at a food es-
tablishment processing any food for commerce, ex-
cept in compliance with the food safety law; 
(10) to transfer food in violation of an adminis-
trative detention order under section 402 or to re-
move or alter a required mark or label identifying 
the food as detained; 
(11) to fail to comply with a recall or other 
order under section 403; or 
(12) to otherwise violate the food safety law. 
SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNA-
TION. 
(a) ADMINISTRATIVE DETENTION OF FOOD.— 
(1) EXPANDED
AUTHORITY.—The Adminis-
trator shall have authority under section 304 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
334) to administratively detain and seize any food 
regulated under this Act that the Administrator has 
reason to believe is unsafe, is adulterated or mis-
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branded, or otherwise fails to meet the requirements 
of the food safety law. 
(2) DETENTION AUTHORITY.—If, during an in-
spection conducted in accordance with section 205 or 
208, an officer, employee, or agent of the Adminis-
tration making the inspection has reason to believe 
that a domestic food, imported food, or food offered 
for import is unsafe, is adulterated or misbranded, 
or otherwise fails to meet the requirements of this 
the food safety law, the officer, employee, or agent 
may order the food detained. 
(3) PERIOD OF DETENTION.— 
(A) IN GENERAL.—A food may be detained 
under paragraph (1) or (2) for a reasonable pe-
riod, not to exceed 20 days, unless a longer pe-
riod, not to exceed 30 days, is necessary for the 
Administrator to institute a seizure action. 
(B) PERISHABLE
FOOD.—The Adminis-
trator shall provide by regulation for procedures 
to institute a seizure action on an expedited 
basis with respect to perishable food. 
(4) SECURITY OF DETAINED FOOD.— 
(A) IN
GENERAL.—A detention order 
under this subsection— 
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