I 
111TH CONGRESS 
1ST SESSION H. R. 2800 
To amend the Federal Food, Drug, and Cosmetic Act to improve the safety 
of imported food, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2009 
Mr. BURGESS introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
improve the safety of imported food, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Imported Food Safety 
Improvement Act of 2009’’. 
SEC. 2. AUTHORITY TO PROTECT THE PUBLIC HEALTH 
FROM CONTAMINATED IMPORTED FOODS. 
(a) AUTHORITY.—Section 801 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 381) is amended by 
inserting after subsection (o) the following: 
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‘‘(p)(1) The Secretary may refuse admission into the 
United States to any food (or any type of food) from a 
country, growing area, producer, manufacturer, or shipper 
if the Secretary makes a determination under paragraph 
(2) or an emergency determination under paragraph (3) 
to refuse admission to food (or the type of food involved) 
from such country, growing area, producer, manufacturer, 
or shipper. 
‘‘(2)(A) The Secretary may make a determination to 
refuse admission to food (or any type of food) from a 
country, growing area, producer, manufacturer, or shipper 
if such food (or type of food)— 
‘‘(i) has been associated with repeated and sep-
arate outbreaks of foodborne disease or has been re-
peatedly determined by the Secretary to be adulter-
ated within the meaning of section 402; 
‘‘(ii) presents a reasonable probability of caus-
ing significant adverse health consequences or death; 
and 
‘‘(iii) is likely, without systemic intervention or 
changes, to cause disease or be adulterated again. 
‘‘(B) The Secretary shall rescind a determination 
under this paragraph if the Secretary finds that such de-
termination, because of remedial action or other cir-
cumstances, is no longer justified. 
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‘‘(C) A country, growing area, producer, manufac-
turer, or shipper may submit a request to the Secretary 
to rescind a determination under this paragraph. Any such 
request shall be accompanied by supporting evidence. 
‘‘(D) Not later than 90 days after the submission of 
a request under subparagraph (C), the Secretary shall 
take action on such request. The Secretary’s action may 
include— 
‘‘(i) rescinding under subparagraph (B) the de-
termination; or 
‘‘(ii) continuing to refuse admission to the food 
involved and requesting additional information or re-
medial action. 
‘‘(E) If the Secretary does not take action on a re-
quest under subparagraph (C) within 90 days after the 
date of submission of such request, effective on the 91st 
day after the date of such submission, the food initially 
refused admission under paragraph (1) may be imported 
into the United States. 
‘‘(3)(A) The Secretary may make an emergency de-
termination to refuse admission to food (or any type of 
food) from a country, growing area, producer, manufac-
turer, or shipper if such food (or type of food) has been 
strongly associated with a single outbreak of foodborne 
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disease that has caused serious adverse health con-
sequences or death. 
‘‘(B) An emergency determination under this para-
graph shall be in effect— 
‘‘(i) for a 30-day period; or 
‘‘(ii) until the Secretary rescinds the emergency 
determination. 
‘‘(4) Subject to paragraph (5), the Secretary may 
issue a determination under paragraph (2) or an emer-
gency determination under paragraph (3) immediately. 
‘‘(5) Any refusal to admit food under this subsection 
shall be done in a manner consistent with bilateral, re-
gional, and multilateral trade agreements and the rights 
and obligations of the United States under the agree-
ments. 
‘‘(6) Not later than 90 days after the date of the en-
actment of the Imported Food Safety Improvement Act 
of 2009, the Secretary shall promulgate final regulations 
to carry out this subsection.’’. 
(b) EFFECTIVE DATE.—Section 801(p) of the Fed-
eral Food, Drug, and Cosmetic Act, as added by sub-
section (a), shall take effect on the effective date provided 
in the regulations promulgated under section 801(p)(6) of 
such Act or the date that is 90 days after the date of 
the enactment of this Act, whichever is earlier. 
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