trator shall promulgate interim performance standards for 
newly identified contaminants as necessary to protect the 
public health. 
SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS. 
(a) IN GENERAL.—The Administrator shall establish 
an inspection program, which shall include sampling and 
testing of food and food establishments, to determine if 
each food establishment— 
(1) is operating in a sanitary manner; 
(2) has continuous systems, interventions, and 
processes in place to minimize or eliminate contami-
nants in food; 
(3) is in compliance with applicable perform-
ance standards established under section 203, and 
other regulatory requirements; 
(4) is processing food that is safe and not adul-
terated or misbranded; 
(5) maintains records of process control plans 
under section 203, and other records related to the 
processing, sampling, and handling of food; and 
(6) is in compliance with the requirements of 
the food safety law. 
(b) ESTABLISHMENT CATEGORIES AND INSPECTION 
FREQUENCIES.—The resource plan required under section 
209, including the description of resources required to
carry out inspections of food establishments, shall be 
based on the following categories and inspection fre-
quencies, subject to subsections (c), (d), and (e): 
(1) CATEGORY 1 FOOD ESTABLISHMENTS.—A 
category 1 food establishment shall be subject to 
antemortem, postmortem, and continuous inspection 
of each slaughter line during all operating hours, 
and other inspection on a daily basis, sufficient to 
verify that— 
(A) diseased animals are not offered for 
slaughter; 
(B) the food establishment has successfully 
identified and removed from the slaughter line 
visibly defective or contaminated carcasses, has 
avoided cross-contamination, and destroyed or 
reprocessed them in a manner acceptable to the 
Administrator; and 
(C) that applicable performance standards 
and other provisions of the food safety law, in-
cluding those intended to eliminate or reduce 
pathogens, have been satisfied. 
(2) CATEGORY 2 FOOD ESTABLISHMENTS.—A 
category 2 food establishment shall be randomly in-
spected at least daily.
(3) CATEGORY 3 FOOD ESTABLISHMENTS.—A 
category 3 food establishment shall— 
(A) have ongoing verification that its proc-
esses are controlled; and 
(B) be randomly inspected at least month-
ly. 
(4) CATEGORY 4 FOOD ESTABLISHMENTS.—A 
category 4 food establishment shall be randomly in-
spected at least quarterly. 
(5) CATEGORY 5 FOOD ESTABLISHMENTS.—A 
category 5 food establishment shall be randomly in-
spected at least annually. 
(c) 
ESTABLISHMENT
OF
INSPECTION
PROCE-
DURES.—The Administrator shall establish procedures 
under which inspectors or safety officers shall take ran-
dom samples, photographs, and copies of records in food 
establishments. 
(d) ALTERNATIVE
INSPECTION
FREQUENCIES.— 
With respect to a category 2, 3, 4, or 5 food establishment, 
the Administrator may establish alternative increasing or 
decreasing inspection frequencies for subcategories of food 
establishments or individual establishments, to foster risk- 
based allocation of resources, subject to the following cri-
teria and procedures:
(1) Subcategories of food establishments and 
their alternative inspection frequencies shall be de-
fined by regulation, subject to paragraphs (2) and 
(3). 
(2) Regulations of alternative inspection fre-
quencies for subcategories of food establishments 
under paragraph (1) and for a specific food estab-
lishment under paragraph (4) shall provide that— 
(A) category 2 food establishments shall be 
inspected at least monthly; and 
(B) category 3, 4, and 5 food establish-
ments shall be inspected at least annually. 
(3) In defining subcategories of food establish-
ments and their alternative inspection frequencies 
under paragraphs (1) and (2), the Administrator 
shall consider— 
(A) the nature of the food products being 
processed, stored, or transported; 
(B) the manner in which food products are 
processed, stored, or transported; 
(C) the inherent likelihood that the prod-
ucts will contribute to the risk of food-borne ill-
ness; 
(D) the best available evidence concerning 
reported illnesses associated with the foods pro-