law and accord such commissioned officials and in-
spectors access to information in possession of the 
Administrator as if they were Federal employees. 
(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 responsibilities under this Act, in-
cluding 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 
laws and standards regarding food safety that are at least 
as stringent as those under this Act. 
SEC. 208. IMPORTS. 
(a) IN GENERAL.—All imported food under this Act 
shall meet requirements for food safety, inspection, label-
ing, and consumer protection that are at least equal to 
those applicable to food grown, manufactured, processed, 
packed, or held for consumption in the United States. 
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(b) CERTIFICATION SYSTEM.—Not later than 2 years 
after the date of the enactment of this Act, the Adminis-
trator shall establish a system under which food products 
offered for importation into the United States shall be cer-
tified by the accredited foreign government in the country 
of export or by an accredited certifying agent meeting all 
applicable standards under this section. 
(1) Category 1, 2, and 3 food establishments 
shall secure certification of products from the ac-
credited foreign government in the country where 
the products are produced and must enter the 
United States through ports designated by the Ad-
ministrator. 
(2) Category 4 and 5 food establishments shall 
be certified either by— 
(A) the accredited foreign government in 
the country where the products are produced; 
or 
(B) a certifying agent that has been ac-
credited under subsection (c). 
(3) Beginning not later than 5 years after the 
date of the enactment of this Act, food from cat-
egory 4 and 5 food establishments that is not cer-
tified by an accredited entity described in subsection 
(c) shall not enter the United States except through 
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ports of entry that are located in a metropolitan 
area with an accredited food testing laboratory. 
(c) CERTIFICATION STANDARD.— 
(1) IN
GENERAL.—A foreign government or 
third party agent requesting accreditation to certify 
food for entry into the United States shall dem-
onstrate, in a manner determined appropriate by the 
Administrator, that food produced under the super-
vision of the foreign government or third party 
agent, respectively, has met standards for food safe-
ty, inspection, labeling, and consumer protection 
that are at least equal to standards applicable to 
food produced in the United States. 
(2) REQUEST
BY
FOREIGN
GOVERNMENT.— 
Prior to accrediting a foreign government, the Ad-
ministrator shall— 
(A) review and audit the food safety pro-
gram of the requesting foreign government (in-
cluding all statutes, regulations, and inspection 
authority); and 
(B) determine that the exporting coun-
try— 
(i) administers a food control program 
that requires food exporters to implement 
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hazard control measures for physical, 
chemical, and biological contaminants; 
(ii) ensures sanitary operations of fa-
cilities; 
(iii) utilizes testing and verification 
programs; and 
(iv) administers an effective enforce-
ment program. 
(3) REQUEST BY A CERTIFYING AGENT.—Prior 
to accrediting a certifying agent, the Administrator 
shall— 
(A) review the training and qualifications 
of auditors and other employees used by the 
agent; 
(B) ensure that any such auditors have 
completed such training as may be required by 
the Administrator for the conduct of food safety 
inspections; and 
(C) conduct reviews of internal systems 
and such other investigation as the Adminis-
trator deems necessary to determine that the 
certifying agent is capable of auditing food es-
tablishments— 
(i) to assess the adequacy of systems 
and standards in use; and 
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(ii) to ensure that food approved by 
the agent for import to the United States 
meets the requirements of this Act. 
(4) CERTIFICATION TO ACCOMPANY EACH SHIP-
MENT.—As a condition of accrediting any foreign 
government or certifying agent, such government or 
agent shall agree to issue a written and electronic 
certification to accompany each shipment intended 
for import to the United States from any food estab-
lishment which the government or agent certifies, 
subject to requirements set forth by the Adminis-
trator. 
(d) AUDITS; INSPECTIONS.—Following any accredita-
tion under subsection (c), the Administrator may at any 
time— 
(1) conduct an on-site audit of any food estab-
lishment registered under section 202, with or with-
out the certifying agent; or 
(2) require a certifying agent to submit an on-
site audit report and any other reports or documents 
which the agent requires as part of the audit proc-
ess, including documentation that the food establish-
ment is in compliance with registration requirements 
and prior notice requirements for food imported to 
the United States. 
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(e) LIMITATION.—A foreign government or other cer-
tifying agent accredited by the Administrator to certify 
food for import to the United States under this section 
may certify only the food products or food categories for 
importation to the United States that are specified in the 
grant of accreditation. 
(f) WITHDRAWAL OF ACCREDITATION.—The Admin-
istrator may withdraw accreditation from a foreign gov-
ernment or certifying agent— 
(1) if food approved by the foreign government 
or certifying agent is linked to an outbreak of 
human illness; 
(2) following an investigation and finding by 
the Administrator that the programs of the foreign 
government, or a foreign food establishment certified 
by the certifying agent, are no longer equal to those 
applied to food grown, manufactured, processed, 
packed, or held 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 ensure continued compliance 
with the requirements of this section. 
(g) RENEWAL OF ACCREDITATION.—The Adminis-
trator shall audit foreign governments and certifying 
agents whenever needed, but no less than once every 3 
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years, to ensure the continued compliance with the re-
quirements set forth in this section. Renewal of accredita-
tion shall occur following each satisfactory audit. 
(h) REQUIRED ROUTINE INSPECTION.—The Admin-
istrator shall routinely inspect food before or at entry into 
the United States to ensure ongoing compliance with food 
safety law and where appropriate, as part of the audit of 
any certifying entity. 
(i) ENFORCEMENT.—The Administrator may— 
(1) deny importation of food from any foreign 
country if the government of such country does not 
permit United States officials to enter the foreign 
country to conduct such audits and inspections as 
may be necessary to fulfill requirements under this 
section; 
(2) deny importation of food from any foreign 
country or foreign food establishment that does not 
consent to a timely investigation by the Administra-
tion when food from that foreign country or foreign 
food establishment is linked to a food-borne illness 
outbreak or is otherwise found to be adulterated or 
misbranded; 
(3) promulgate regulations to carry out the pur-
poses of this section, including setting terms and 
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conditions for the destruction of products that fail to 
meet the requirements of this Act; and 
(4) establish such fees as are necessary to carry 
out the implementation of the accreditation and in-
spection programs required under this section. 
(j) DETENTION AND SEIZURE.—Any food imported 
for consumption in the United States may be detained, 
seized, or condemned pursuant to section 402 or recalled 
pursuant to section 403. 
(k) CERTIFYING AGENTS.—Entities eligible for ac-
creditation as a certifying agent under subsection (c) may 
include— 
(1) a State or regional food authority; or 
(2) a foreign or domestic cooperative that ag-
gregates the products of growers or processors for 
importation. 
(l) AVOIDING CONFLICTS OF INTEREST WITH CERTI-
FYING AGENTS.— 
(1) IN GENERAL.—To be eligible for accredita-
tion under subsection (c), a certifying agent shall— 
(A) not be owned, managed, or controlled 
by any person that owns or operates an estab-
lishment whose products are to be certified by 
such agent; 
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(B) have procedures to ensure against the 
use, in carrying out audits of food establish-
ments under this section, of any officer or em-
ployee of such agent that has a financial con-
flict of interest regarding an establishment 
whose products are to be certified by such 
agent; and 
(C) annually make available to the Sec-
retary, disclosures of the extent to which such 
agent, and the officers and employees of such 
agent, have maintained compliance with sub-
paragraphs (A) and (B) relating to financial 
conflicts of interest. 
(2) REGULATIONS.—The Secretary shall pro-
mulgate regulations not later than 18 months after 
the date of the enactment of this Act to ensure that 
there are protections against conflicts of interest be-
tween a certifying agent and the establishments 
whose products are to be certified by such agent. 
Such regulations shall include— 
(A) requiring that domestic audits per-
formed under this section be unannounced; 
(B) a structure, including timing and pub-
lic disclosure, for fees paid by food establish-
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ments to certifying agents to decrease the po-
tential for conflicts of interest; and 
(C) appropriate limits on financial affili-
ations between a certifying agent and any per-
son that owns or operates an establishment 
whose products are to be certified by such 
agent. 
SEC. 209. RESOURCE PLAN. 
(a) IN GENERAL.—The Administrator shall prepare 
and update annually a resource plan describing the re-
sources required, in the best professional judgment of the 
Administrator, to develop and fully implement the national 
food safety program established under this Act. 
(b) CONTENTS OF PLAN.—The resource plan shall— 
(1) describe quantitatively the personnel, finan-
cial, and other resources required to carry out the 
inspection of food establishments under section 205 
and other requirements of this Act; 
(2) allocate inspection resources in a manner 
reflecting the distribution of risk and opportunities 
to reduce risk across the food supply to the extent 
feasible based on the best available information, and 
subject to section 205; and 
(3) describe the personnel, facilities, equipment, 
and other resources needed to carry out inspection 
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and other oversight activities, at a total resource 
level equal to at least 50 percent of the resources re-
quired to carry out inspections in food establish-
ments under section 205 and food production facili-
ties under section 206— 
(A) in foreign establishments and produc-
tion facilities; and 
(B) at the point of importation. 
(c) GRANTS.—The resource plan shall include rec-
ommendations for funding to provide grants to States and 
local governments to carry out food safety activities and 
inspections of food establishments and food production fa-
cilities and include resources to audit such programs. 
(d) SUBMISSION OF PLAN.—The Administrator shall 
submit annually to the Committee on Appropriations of 
the Senate, the Committee on Appropriations of the House 
of Representatives, and other relevant committees of Con-
gress, the resource plan required under this section. 
SEC. 210. TRACEBACK REQUIREMENTS. 
(a) IN GENERAL.—The Administrator, in order to 
protect the public health, shall establish a national 
traceability system that enables the Administrator to re-
trieve the history, use, and location of an article of food 
through all stages of its production, processing, and dis-
tribution. 
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