H. R. 2751—60 
on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Rep-
resentatives on the use of recall authority under section 423 
of the Federal Food, Drug, and Cosmetic Act (as added by 
subsection (a)) and any public health advisories issued by the 
Secretary that advise against the consumption of an article 
of food on the ground that the article of food is adulterated 
and poses an imminent danger to health. 
(2) CONTENT.—The report under paragraph (1) shall 
include, with respect to the report year— 
(A) the identity of each article of food that was the 
subject of a public health advisory described in paragraph 
(1), an opportunity to cease distribution and recall under 
subsection (a) of section 423 of the Federal Food, Drug, 
and Cosmetic Act, or a mandatory recall order under sub-
section (b) of such section; 
(B) the number of responsible parties, as defined in 
section 417 of the Federal Food, Drug, and Cosmetic Act, 
formally given the opportunity to cease distribution of an 
article of food and recall such article, as described in section 
423(a) of such Act; 
(C) the number of responsible parties described in 
subparagraph (B) who did not cease distribution of or recall 
an article of food after given the opportunity to cease 
distribution or recall under section 423(a) of the Federal 
Food, Drug, and Cosmetic Act; 
(D) the number of recall orders issued under section 
423(b) of the Federal Food, Drug, and Cosmetic Act; and 
(E) a description of any instances in which there was 
no testing that confirmed adulteration of an article of food 
that was the subject of a recall under section 423(b) of 
the Federal Food, Drug, and Cosmetic Act or a public 
health advisory described in paragraph (1). 
SEC. 207. ADMINISTRATIVE DETENTION OF FOOD. 
(a) IN GENERAL.—Section 304(h)(1)(A) (21 U.S.C. 334(h)(1)(A)) 
is amended by— 
(1) striking ‘‘credible evidence or information indicating’’ 
and inserting ‘‘reason to believe’’; and 
(2) striking ‘‘presents a threat of serious adverse health 
consequences or death to humans or animals’’ and inserting 
‘‘is adulterated or misbranded’’. 
(b) REGULATIONS.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall issue an interim final 
rule amending subpart K of part 1 of title 21, Code of Federal 
Regulations, to implement the amendment made by this section. 
(c) EFFECTIVE DATE.—The amendment made by this section 
shall take effect 180 days after the date of enactment of this 
Act. 
SEC. 208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS. 
(a) IN GENERAL.—The Administrator of the Environmental 
Protection Agency (referred to in this section as the ‘‘Adminis-
trator’’), in coordination with the Secretary of Health and Human 
Services, Secretary of Homeland Security, and Secretary of Agri-
culture, shall provide support for, and technical assistance to, State, 
local, and tribal governments in preparing for, assessing, decontami-
nating, and recovering from an agriculture or food emergency.
H. R. 2751—61 
(b) DEVELOPMENT OF STANDARDS.—In carrying out subsection 
(a), the Administrator, in coordination with the Secretary of Health 
and Human Services, Secretary of Homeland Security, Secretary 
of Agriculture, and State, local, and tribal governments, shall 
develop and disseminate specific standards and protocols to under-
take clean-up, clearance, and recovery activities following the decon-
tamination and disposal of specific threat agents and foreign animal 
diseases. 
(c) DEVELOPMENT OF MODEL PLANS.—In carrying out subsection 
(a), the Administrator, the Secretary of Health and Human Services, 
and the Secretary of Agriculture shall jointly develop and dissemi-
nate model plans for— 
(1) the decontamination of individuals, equipment, and 
facilities following an intentional contamination of agriculture 
or food; and 
(2) the disposal of large quantities of animals, plants, or 
food products that have been infected or contaminated by spe-
cific threat agents and foreign animal diseases. 
(d) EXERCISES.—In carrying out subsection (a), the Adminis-
trator, in coordination with the entities described under subsection 
(b), shall conduct exercises at least annually to evaluate and identify 
weaknesses in the decontamination and disposal model plans 
described in subsection (c). Such exercises shall be carried out, 
to the maximum extent practicable, as part of the national exercise 
program under section 648(b)(1) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 748(b)(1)). 
(e) MODIFICATIONS.—Based on the exercises described in sub-
section (d), the Administrator, in coordination with the entities 
described in subsection (b), shall review and modify as necessary 
the plans described in subsection (c) not less frequently than bienni-
ally. 
(f) PRIORITIZATION.—The Administrator, in coordination with 
the entities described in subsection (b), shall develop standards 
and plans under subsections (b) and (c) in an identified order 
of priority that takes into account— 
(1) highest-risk biological, chemical, and radiological threat 
agents; 
(2) agents that could cause the greatest economic devasta-
tion to the agriculture and food system; and 
(3) agents that are most difficult to clean or remediate. 
SEC. 209. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, 
AND TRIBAL FOOD SAFETY OFFICIALS. 
(a) IMPROVING TRAINING.—Chapter X (21 U.S.C. 391 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 1011. IMPROVING THE TRAINING OF STATE, LOCAL, TERRI-
TORIAL, AND TRIBAL FOOD SAFETY OFFICIALS. 
‘‘(a) TRAINING.—The Secretary shall set standards and admin-
ister training and education programs for the employees of State, 
local, territorial, and tribal food safety officials relating to the 
regulatory responsibilities and policies established by this Act, 
including programs for— 
‘‘(1) scientific training; 
‘‘(2) training to improve the skill of officers and employees 
authorized to conduct inspections under sections 702 and 704; 
‘‘(3) training to achieve advanced product or process spe-
cialization in such inspections;
H. R. 2751—62 
‘‘(4) training that addresses best practices; 
‘‘(5) training in administrative process and procedure and 
integrity issues; 
‘‘(6) training in appropriate sampling and laboratory anal-
ysis methodology; and 
‘‘(7) training in building enforcement actions following 
inspections, examinations, testing, and investigations. 
‘‘(b) PARTNERSHIPS WITH STATE AND LOCAL OFFICIALS.— 
‘‘(1) IN GENERAL.—The Secretary, pursuant to a contract 
or memorandum of understanding between the Secretary and 
the head of a State, local, territorial, or tribal department 
or agency, is authorized and encouraged to conduct examina-
tions, testing, and investigations for the purposes of deter-
mining compliance with the food safety provisions of this Act 
through the officers and employees of such State, local, terri-
torial, or tribal department or agency. 
‘‘(2) CONTENT.—A contract or memorandum described 
under paragraph (1) shall include provisions to ensure adequate 
training of such officers and employees to conduct such 
examinations, testing, and investigations. The contract or 
memorandum shall contain provisions regarding reimburse-
ment. Such provisions may, at the sole discretion of the head 
of the other department or agency, require reimbursement, 
in whole or in part, from the Secretary for the examinations, 
testing, or investigations performed pursuant to this section 
by the officers or employees of the State, territorial, or tribal 
department or agency. 
‘‘(3) EFFECT.—Nothing in this subsection shall be construed 
to limit the authority of the Secretary under section 702. 
‘‘(c) EXTENSION SERVICE.—The Secretary shall ensure coordina-
tion with the extension activities of the National Institute of Food 
and Agriculture of the Department of Agriculture in advising pro-
ducers and small processors transitioning into new practices 
required as a result of the enactment of the FDA Food Safety 
Modernization Act and assisting regulated industry with compliance 
with such Act. 
‘‘(d) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, 
OUTREACH AND TECHNICAL ASSISTANCE PROGRAM.— 
‘‘(1) IN
GENERAL.—In order to improve food safety and 
reduce the incidence of foodborne illness, the Secretary shall, 
not later than 180 days after the date of enactment of the 
FDA Food Safety Modernization Act, enter into one or more 
memoranda of understanding, or enter into other cooperative 
agreements, with the Secretary of Agriculture to establish a 
competitive grant program within the National Institute for 
Food and Agriculture to provide food safety training, education, 
extension, outreach, and technical assistance to— 
‘‘(A) owners and operators of farms; 
‘‘(B) small food processors; and 
‘‘(C) small fruit and vegetable merchant wholesalers. 
‘‘(2) IMPLEMENTATION.—The competitive grant program 
established under paragraph (1) shall be carried out in accord-
ance with section 405 of the Agricultural Research, Extension, 
and Education Reform Act of 1998. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section for fiscal years 2011 through 2015.’’.
H. R. 2751—63 
(b) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, 
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.—Title IV of the 
Agricultural Research, Extension, and Education Reform Act of 
1998 is amended by inserting after section 404 (7 U.S.C. 7624) 
the following: 
‘‘SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTEN-
SION, OUTREACH, AND TECHNICAL ASSISTANCE PRO-
GRAM. 
‘‘(a) IN GENERAL.—The Secretary shall award grants under 
this section to carry out the competitive grant program established 
under section 1011(d) of the Federal Food, Drug, and Cosmetic 
Act, pursuant to any memoranda of understanding entered into 
under such section. 
‘‘(b) INTEGRATED APPROACH.—The grant program described 
under subsection (a) shall be carried out under this section in 
a manner that facilitates the integration of food safety standards 
and guidance with the variety of agricultural production systems, 
encompassing conventional, sustainable, organic, and conservation 
and environmental practices. 
‘‘(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to projects that target small and medium- 
sized farms, beginning farmers, socially disadvantaged farmers, 
small processors, or small fresh fruit and vegetable merchant whole-
salers. 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary 
shall 
coordinate 
implementation of the grant program under this section with 
the National Integrated Food Safety Initiative. 
‘‘(2) INTERACTION.—The Secretary shall— 
‘‘(A) in carrying out the grant program under this 
section, take into consideration applied research, education, 
and 
extension 
results 
obtained 
from 
the 
National 
Integrated Food Safety Initiative; and 
‘‘(B) in determining the applied research agenda for 
the National Integrated Food Safety Initiative, take into 
consideration the needs articulated by participants in 
projects funded by the program under this section. 
‘‘(e) GRANTS.— 
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall make competitive grants to support training, edu-
cation, extension, outreach, and technical assistance projects 
that will help improve public health by increasing the under-
standing and adoption of established food safety standards, 
guidance, and protocols. 
‘‘(2) ENCOURAGED FEATURES.—The Secretary shall encour-
age projects carried out using grant funds under this section 
to include co-management of food safety, conservation systems, 
and ecological health. 
‘‘(3) MAXIMUM TERM AND SIZE OF GRANT.— 
‘‘(A) IN GENERAL.—A grant under this section shall 
have a term that is not more than 3 years. 
‘‘(B) LIMITATION ON GRANT FUNDING.—The Secretary 
may not provide grant funding to an entity under this 
section after such entity has received 3 years of grant 
funding under this section. 
‘‘(f) GRANT ELIGIBILITY.—