and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public 
Health Service Act (42 U.S.C. 201 et seq.) to revise, issue, 
or enforce product and category-specific regulations, such 
as the Seafood Hazard Analysis Critical Controls Points 
Program, the Juice Hazard Analysis Critical Control Pro-
gram, and the Thermally Processed Low-Acid Foods 
Packaged in Hermetically Sealed Containers standards. 
(f) EFFECTIVE DATE.— 
(1) GENERAL RULE.—The amendments made 
by this section shall take effect 18 months after the 
date of enactment of this Act. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1)— 
(A) the amendments made by this section 
shall apply to a small business (as defined by 
the Secretary) after the date that is 2 years 
after the date of enactment of this Act; and 
(B) the amendments made by this section 
shall apply to a very small business (as defined 
by the Secretary) after the date that is 3 years 
after the date of enactment of this Act. 
SEC. 105. PERFORMANCE STANDARDS. 
The Secretary shall, not less frequently than every 
2 years, review and evaluate relevant health data and 
other relevant information, including from toxicological 
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and epidemiological studies and analyses, to determine the 
most significant food-borne contaminants and, when ap-
propriate to reduce the risk of serious illness or death to 
humans or animals, to prevent the adulteration of the food 
under section 402 of the Federal Food, Drug, or Cosmetic 
Act (21 U.S.C. 342), or to prevent the spread of commu-
nicable disease under the Public Health Service Act (42 
U.S.C. 201 et seq.), shall issue contaminant-specific, 
science-based guidance documents, actions levels, or regu-
lations. Such guidance documents, action levels, or regula-
tions shall apply to products or product classes, take into 
account naturally occurring substances in the case of raw 
agricultural products, and shall not be written to be facil-
ity-specific. 
SEC. 106. STANDARDS FOR THE SAFETY OF FRUITS AND 
VEGETABLES. 
(a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et 
seq.), as amended by section 104, is amended by adding 
at the end the following: 
‘‘SEC. 420. STANDARDS FOR THE SAFETY OF FRUITS AND 
VEGETABLES. 
‘‘(a) DEFINITION.—For purposes of this section, the 
term ‘fruits and vegetables’ means raw agricultural prod-
ucts as defined in section 201(r). 
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‘‘(b) IN GENERAL.—Not later than 1 year after en-
actment of this section, the Secretary, in consultation with 
the Secretary of Agriculture and representatives of State 
departments of agriculture, shall publish a notice of pro-
posed rulemaking to establish regulations for the safe pro-
duction, harvesting, handling, and packing of those types 
of fruits and vegetables for which the Secretary has deter-
mined that such regulations are necessary to minimize the 
risk of serious adverse health consequences. 
‘‘(c) FINAL REGULATION.—Not later than 1 year 
after the close of the comment period on the notice of pro-
posed rulemaking under subsection (a), the Secretary shall 
adopt a final regulation covering those types of fruits and 
vegetables for which the Secretary has determined that 
such regulations are necessary to minimize the risk of seri-
ous adverse health consequences. The final regulation 
shall provide a reasonable period of time for implementa-
tion, taking into account the needs of small businesses for 
additional time to comply. The final regulation shall pro-
vide for coordination of education and enforcement activi-
ties by the Secretary of Agriculture, appropriate State and 
local agencies, and appropriate agencies of foreign govern-
ments. 
‘‘(d) COOPERATION.—The Secretary shall work with 
State and local public health officials in carrying out this 
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section. The Secretary shall coordinate activities with the 
Secretary of Agriculture related to on-farm requirements 
for growers including the development of food safety 
standards and enforcement mechanisms that will address 
regulations adopted under subsection (c). 
‘‘(e) CRITERIA.—The regulations adopted under sub-
section (b) shall— 
‘‘(1) set forth such procedures, processes, and 
practices as the Secretary determines to be reason-
ably necessary to minimize the introduction of 
known or reasonably foreseeable biological, chemical, 
and physical hazards into fruits and vegetables and 
to provide reasonable assurance that the fruits and 
vegetables are not adulterated under section 402; 
‘‘(2) permit States and foreign governments to 
seek variances from the requirements of the regula-
tions, where the State or foreign government deter-
mines that the variance is necessary in light of local 
growing conditions and that the procedures, proc-
esses, and practices to be followed under the vari-
ance are reasonably likely to ensure that the fruits 
or vegetables are not adulterated within the meaning 
of section 402 to the same extent as the require-
ments of the regulation adopted under subsection 
(b); 
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‘‘(3) require that any State or foreign govern-
ment seeking a variance under paragraph (2) shall 
first notify the Secretary of the intended variance 
and the basis for it, and the Secretary may grant 
the variance after 90 days of such notification if 
Secretary does not communicate objections or modi-
fications to the intended variance to the respective 
State or foreign government prior to the conclusion 
of the 90-day period; and 
‘‘(4) provide for publication of notices of re-
quests for variances under paragraph (2) at the time 
they are received. 
‘‘(f) ENFORCEMENT.—The Secretary shall coordinate 
enforcement under this section with appropriate State and 
local agencies and with appropriate agencies of foreign 
governments. In enforcing any standards for the safety of 
fruits and vegetables, the Secretary shall, to the maximum 
extent practicable, use the Department of Agriculture and 
state agricultural agencies. Such enforcement may be in 
the form of audit-based verification systems or other 
methods of inspection. 
‘‘(g) GUIDANCE FOR GOOD AGRICULTURAL PRAC-
TICES.—Not later than 1 year after the date of the enact-
ment of this section, the Secretary shall publish updated 
guidance, in coordination with the Secretary of Agri-
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culture and representatives of State departments of agri-
culture, based on the most currently available scientific 
evidence, for the safe production, harvesting, handling, 
packing, and traceability of fruits and vegetables. The Sec-
retary shall publish subsequently updated guidance, as 
necessary. 
‘‘(h) SCOPE.—This section shall apply to the produc-
tion, harvesting, packaging, and traceability of fruits and 
vegetables intended for human consumption, but not to— 
‘‘(1) activities involving the further processing 
of fruits and vegetables which shall be subject to 
section 419; or 
‘‘(2) those activities that occur in a retail food 
establishment (as such term is defined in regulations 
to carry out section 415(b)(1)).’’. 
(b) PROHIBITED.—Section 301 (21 U.S.C. 331), as 
amended by section 104, is further amended by adding 
at the end the following: 
‘‘(qq) Production, harvesting, handling, and packing 
of fruits or vegetables not in accordance with the regula-
tions under section 419 or a variance issued under section 
419(e)(2).’’. 
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distributed, or stored at the facility meets the 
criteria for priority under section 801(h)(1). 
‘‘(E) Whether the facility has received a 
certificate as described in section 809(b). 
‘‘(F) Any other criteria deemed necessary 
and appropriate by the Secretary for purposes 
of allocating inspection resources. 
‘‘(2) INSPECTIONS.—The Secretary shall in-
crease the frequency of inspections of all facilities 
such that— 
‘‘(A) all facilities registered under section 
415 are inspected not less than once every 4 
years; and 
‘‘(B) all facilities identified under para-
graph (1) as a high-risk facility are inspected— 
‘‘(i) not less than once within a 2-year 
period after the date of enactment of this 
section; and 
‘‘(ii) for each succeeding year, each 
high-risk facility is inspected not less than 
once each year. 
‘‘(b) IDENTIFICATION AND INSPECTION AT PORTS OF 
ENTRY.—The Secretary, in consultation with the Sec-
retary of Homeland Security, shall allocate resources to 
inspect articles of food imported into the United States 
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according to the risk profile of the article of food, which 
shall be based on the following factors: 
‘‘(1) The risk profile of the food imported. 
‘‘(2) The risk profile of the countries of origin 
and countries of transport of the food imported. 
‘‘(3) The history of food recalls, outbreaks, and 
violations of food safety standards of the food im-
porter. 
‘‘(4) The rigor of the foreign supplier verifica-
tion program under section 805. 
‘‘(5) Whether the food importer participates in 
the Voluntary Qualified Importer Program under 
section 806. 
‘‘(6) Whether the food meets the criteria for 
priority under section 801(h)(1). 
‘‘(7) Whether the food is from a facility that 
has received a certificate as described in section 
809(b). 
‘‘(8) Any other criteria deemed appropriate by 
the Secretary for purposes of allocating inspection 
resources. 
‘‘(c) COORDINATION.—The Secretary shall improve 
coordination and cooperation with the Secretary of Agri-
culture to target food inspection resources. 
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‘‘(d) FACILITY.—For purposes of this section, the 
term ‘facility’ means a domestic facility or a foreign facil-
ity that is required to register under section 415.’’. 
(b) ANNUAL REPORT.—Section 903 (21 U.S.C. 393) 
is amended by adding at the end the following: 
‘‘(h) ANNUAL
REPORT
REGARDING
FOOD.—Not 
later than February 1 of each year, the Secretary shall 
submit to Congress a report regarding— 
‘‘(1) information about food facilities includ-
ing— 
‘‘(A) the appropriations used to inspect fa-
cilities registered pursuant to section 415 in the 
previous fiscal year; 
‘‘(B) the average cost of both a non-high- 
risk food facility inspection and a high-risk food 
facility inspection, if such a difference exists, in 
the previous fiscal year; 
‘‘(C) the number of domestic facilities and 
the number of foreign facilities registered pur-
suant to section 415 that the Secretary in-
spected in the previous fiscal year; 
‘‘(D) the number of domestic facilities and 
the number of foreign facilities registered pur-
suant to section 415 that the Secretary did not 
inspect in the previous fiscal year; 
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‘‘(E) the number of high-risk facilities 
identified pursuant to section 421 that the Sec-
retary inspected in the previous fiscal year; and 
‘‘(F) the number of high-risk facilities 
identified pursuant to section 421 that the Sec-
retary did not inspect in the previous fiscal 
year; and 
‘‘(2) information about food imports includ-
ing— 
‘‘(A) the number of lines of food imported 
into the United States that the Secretary phys-
ically inspected or sampled in the previous fiscal 
year; 
‘‘(B) the number of lines of food imported 
into the United States that the Secretary did 
not physically inspect or sample in the previous 
fiscal year; and 
‘‘(C) the average cost of physically inspect-
ing or sampling a food line subject to this Act 
that is imported or offered for import into the 
United States. 
‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD RE-
PORTS.—The Secretary shall make the reports required 
under subsection (h) available to the public on the Internet 
Web site of the Food and Drug Administration.’’. 
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SEC. 108. 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 ad-
verse health consequences or death to humans or 
animals’’ and inserting ‘‘is adulterated or mis-
branded under section 403(w)’’. 
(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 amend-
ment 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. 109. NATIONAL AGRICULTURE AND FOOD DEFENSE 
STRATEGY. 
(a) DEVELOPMENT
AND SUBMISSION
OF STRAT-
EGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Health and Human Services and the Secretary of 
Agriculture, in coordination with the Secretary of 
Homeland Security, shall prepare and submit to the 
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relevant committees of Congress, and make publicly 
available on the Internet Web site of the Depart-
ment of Health and Human Services and the De-
partment of Agriculture, the National Agriculture 
and Food Defense Strategy. 
(2) IMPLEMENTATION
PLAN.—The strategy 
shall include an implementation plan for use by the 
Secretaries described under paragraph (1) in car-
rying out the strategy. 
(3) RESEARCH.—The strategy shall include a 
coordinated research agenda for use by the Secre-
taries described under paragraph (1) in conducting 
research to support the goals and activities described 
in paragraphs (1) and (2) of subsection (b). 
(4) REVISIONS.—Not later than 4 years after 
the date on which the strategy is submitted to the 
relevant committees of Congress under paragraph 
(1), and not less frequently than every 4 years there-
after, the Secretary of Health and Human Services 
and the Secretary of Agriculture, in coordination 
with the Secretary of Homeland Security, shall re-
vise and submit to the relevant committees of Con-
gress the strategy. 
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(5) CONSISTENCY WITH EXISTING PLANS.—The 
strategy described in paragraph (1) shall be con-
sistent with— 
(A) the National Incident Management 
System; 
(B) the National Response Framework; 
(C) the National Infrastructure Protection 
Plan; 
(D) the National Preparedness Goals; and 
(E) other relevant national strategies. 
(b) COMPONENTS.— 
(1) IN GENERAL.—The strategy shall include a 
description of the process to be used by the Depart-
ment of Health and Human Services, the Depart-
ment of Agriculture, and the Department of Home-
land Security— 
(A) to achieve each goal described in para-
graph (2); and 
(B) to evaluate the progress made by Fed-
eral, State, local, and tribal governments to-
wards the achievement of each goal described in 
paragraph (2). 
(2) GOALS.—The strategy shall include a de-
scription of the process to be used by the Depart-
ment of Health and Human Services, the Depart-
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ment of Agriculture, and the Department of Home-
land Security to achieve the following goals: 
(A) PREPAREDNESS GOAL.—Enhance the 
preparedness of the agriculture and food system 
by— 
(i) conducting vulnerability assess-
ments of the agriculture and food system; 
(ii) mitigating vulnerabilities of the 
system; 
(iii) improving communication and 
training relating to the system; 
(iv) developing and conducting exer-
cises to test decontamination and disposal 
plans; 
(v) developing modeling tools to im-
prove event consequence assessment and 
decision support; and 
(vi) preparing risk communication 
tools and enhancing public awareness 
through outreach. 
(B) DETECTION
GOAL.—Improve agri-
culture and food system detection capabilities 
by— 
(i) identifying contamination in food 
products at the earliest possible time; and 
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(ii) conducting surveillance to prevent 
the spread of diseases. 
(C) EMERGENCY
RESPONSE
GOAL.—En-
sure an efficient response to agriculture and 
food emergencies by— 
(i) immediately investigating animal 
disease outbreaks and suspected food con-
tamination; 
(ii) preventing additional human ill-
nesses; 
(iii) organizing, training, and equip-
ping animal, plant, and food emergency re-
sponse teams of— 
(I) the Federal Government; and 
(II) State, local, and tribal gov-
ernments; 
(iv) designing, developing, and evalu-
ating training and exercises carried out 
under agriculture and food defense plans; 
and 
(v) ensuring consistent and organized 
risk communication to the public by— 
(I) the Federal Government; 
(II) State, local, and tribal gov-
ernments; and 
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(III) the private sector. 
(D) RECOVERY GOAL.—Secure agriculture 
and food production after an agriculture or food 
emergency by— 
(i) working with the private sector to 
develop business recovery plans to rapidly 
resume agriculture and food production; 
(ii) conducting exercises of the plans 
described in subparagraph (C) with the 
goal of long-term recovery results; 
(iii) rapidly removing, and effectively 
disposing of— 
(I) contaminated agriculture and 
food products; and 
(II) infected plants and animals; 
and 
(iv) decontaminating and restoring 
areas affected by an agriculture or food 
emergency. 
SEC. 110. FOOD AND AGRICULTURE COORDINATING COUN-
CILS. 
The Secretary of Homeland Security, in consultation 
with the Secretary of Health and Human Services and the 
Secretary of Agriculture, shall within 180 days of enact-
ment of this Act, and annually thereafter, submit to the 
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relevant committees of Congress, and make publicly avail-
able on the Internet Web site of the Department of Home-
land Security, a report on the activities of the Food and 
Agriculture Government Coordinating Council and the 
Food and Agriculture Sector Coordinating Council, includ-
ing the progress of such Councils on— 
(1) facilitating partnerships between public and 
private entities to help unify and enhance the protec-
tion of the agriculture and food system of the 
United States; 
(2) providing for the regular and timely inter-
change of information between each council relating 
to the security of the agriculture and food system 
(including intelligence information); 
(3) identifying best practices and methods for 
improving the coordination among Federal, State, 
local, and private sector preparedness and response 
plans for agriculture and food defense; and 
(4) recommending methods by which to protect 
the economy and the public health of the United 
States from the effects of— 
(A) animal or plant disease outbreaks; 
(B) food contamination; and 
(C) natural disasters affecting agriculture 
and food. 
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SEC. 111. AUTHORITY TO COLLECT FEES. 
(a) FEES FOR REINSPECTION, RECALL, AND IMPOR-
TATION ACTIVITIES.—Subchapter C of chapter VII (21 
U.S.C. 379f et seq.) is amended by inserting after section 
742 the following: 
‘‘PART 6—FEES RELATED TO FOOD 
‘‘SEC. 743. AUTHORITY TO COLLECT AND USE FEES. 
‘‘(a) IN GENERAL.— 
‘‘(1) PURPOSE
AND
AUTHORITY.—For fiscal 
year 2010 and each subsequent fiscal year, the Sec-
retary shall, in accordance with this section, assess 
and collect fees from— 
‘‘(A) each domestic facility (as defined in 
section 415(b)) subject to a reinspection in such 
fiscal year, to cover reinspection-related costs 
for such year; 
‘‘(B) each domestic facility (as defined in 
section 415(b)) and importer subject to a food 
recall in such fiscal year, to cover food recall ac-
tivities performed by the Secretary, including 
technical 
assistance, 
follow-up 
effectiveness 
checks, and public notifications, for such year; 
‘‘(C) each importer participating in the 
voluntary qualified importer program under sec-
tion 806 in such year, to cover the administra-
tive costs such program for such year; and 
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‘‘(D) each importer subject to a reinspec-
tion in such fiscal year at a port of entry, to 
cover reinspection-related costs at ports of entry 
for such year. 
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion— 
‘‘(A) the term ‘reinspection’ means— 
‘‘(i) with respect to domestic facilities 
(as defined in section 415(b)), 1 or more 
inspections conducted under section 704 
subsequent to an inspection conducted 
under such provision which identified non-
compliance materially related to a food 
safety requirement of this Act, specifically 
to determine whether compliance has been 
achieved to the Secretary’s satisfaction; 
and 
‘‘(ii) with respect to importers, 1 or 
more examinations conducted under sec-
tion 801 subsequent to an examination 
conducted under such provision which 
identified noncompliance materially related 
to a food safety requirement of this Act, 
specifically to determine whether compli-
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