food within the meaning of paragraph (f) (referred to col-
lectively in this paragraph as ‘seafood’), the term ‘color 
additive’ shall include carbon monoxide under conditions 
of use that may impart, maintain, preserve, stabilize, fix, 
or otherwise affect the color of fresh meat, poultry prod-
ucts, or seafood.’’. 
(b) ACTION
BY
SECRETARY.—The Secretary of 
Health and Human Services shall— 
(1) promulgate a final regulation in accordance 
with section 721 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379e) for use of carbon 
monoxide in or on meat, poultry products, and sea-
food; or 
(2) publish in the Federal Register a decision 
against promulgating such a regulation. 
(c) APPLICATION.—Section 201(t)(4) of the Federal 
Food, Drug, and Cosmetic Act, as added by subsection 
(a), applies to the use of carbon monoxide in or on meat, 
poultry products, and seafood beginning on the date on 
which the Secretary of Health and Human Services pro-
mulgates a final regulation under subsection (b)(1) or 
publishes a decision under subsection (b)(2). 
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SEC. 202. FOOD SUBSTANCES GENERALLY RECOGNIZED AS 
SAFE. 
Section 409 (21 U.S.C. 348) is amended by adding 
at the end the following: 
‘‘Substances Generally Recognized as Safe 
‘‘(k)(1) Not later than 60 days after the date of re-
ceipt by the Secretary, after the date of the enactment 
of this subsection, of a request for a substance to be deter-
mined by the Secretary to be a GRAS food substance, the 
Secretary shall post notice of such request and the sup-
porting scientific justifications on the Food and Drug Ad-
ministration’s public Web site. 
‘‘(2) Not later than 60 days after the date of receipt 
of a request under paragraph (1), the Secretary shall ac-
knowledge receipt of such request by informing the re-
quester in writing of the date on which the request was 
received. 
‘‘(3) In this subsection, the term ‘GRAS food sub-
stance’ means a substance excluded from the definition of 
the term ‘food additive’ in section 201(s) because such 
substance is generally recognized, among experts qualified 
by scientific training and experience to evaluate its safety, 
as having been adequately shown through scientific proce-
dures (or, in the case of a substances used in food prior 
to January 1, 1958, through either scientific procedures 
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or experience based on common use in food) to be safe 
under the conditions of its intended use.’’. 
SEC. 203. COUNTRY OF ORIGIN LABELING; DISCLOSURE OF 
SOURCE OF INGREDIENTS. 
(a) MISBRANDING.—Section 403 (21 U.S.C. 343), as 
amended by sections 101(a), 109(a), and 114(a), is 
amended by adding at the end the following: 
‘‘(cc) In the case of a processed food if— 
‘‘(1) the labeling of the food fails to identify the 
country in which the final processing of the food oc-
curs; and 
‘‘(2) the Web site for the manufacturer of the 
food fails to identify the country (or countries) of or-
igin for each ingredient in the food. 
‘‘(dd) In the case of non-processed food if— 
‘‘(1) the labeling of the food fails to identify the 
country of origin of the food; and 
‘‘(2) the Web site for the original packer of the 
food fails to identify the country of origin for the 
food.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Health and Human Services shall promulgate final regula-
tions to carry out paragraphs (cc) and (dd) of section 403 
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of the Federal Food, Drug, and Cosmetic Act, as added 
by subsection (a). 
(c) EFFECTIVE DATE.—The requirements of para-
graphs (cc) and (dd) of section 403 of the Federal Food, 
Drug, and Cosmetic Act, as added by subsection (a), take 
effect on the date that is 2 years after the date of the 
enactment of this Act. 
SEC. 204. EXPORTATION CERTIFICATE PROGRAM. 
Section 801(e)(4) (21 U.S.C. 381) is amended— 
(1) in the matter preceding clause (i) in sub-
paragraph (A)— 
(A) by inserting ‘‘from the United States’’ 
after ‘‘exports’’; and 
(B) by striking ‘‘a drug, animal drug, or 
device’’ and inserting ‘‘a food (including animal 
feed), drug, animal drug, or device’’; 
(2) in subparagraph (A)(i)— 
(A) by striking ‘‘in writing’’; and 
(B) by striking ‘‘exported drug, animal 
drug, or device’’ and inserting ‘‘exported food, 
drug, animal drug, or device’’; 
(3) in subparagraph (A)(ii)— 
(A) by striking ‘‘in writing’’; 
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(B) by striking ‘‘the drug, animal drug, or 
device’’ and inserting ‘‘the food, drug, animal 
drug, or device’’; and 
(C) by striking ‘‘the drug or device’’ and 
inserting ‘‘the food, drug, or device’’; 
(4) by redesignating subparagraph (B) as sub-
paragraph (C); 
(5) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) For purposes of this paragraph, a 
certification by the Secretary shall be made on 
such basis and in such form (such as a publicly 
available listing) as the Secretary determines 
appropriate.’’; and 
(6) by adding at the end the following: 
‘‘(D) Notwithstanding subparagraph (C), if the Sec-
retary issues an export certification within the 20 days 
prescribed by subparagraph (A) with respect to the export 
of food, a fee for such certification shall not exceed such 
amount as the Secretary determines is reasonably related 
to the cost of issuing certificates under subparagraph (A) 
with respect to the export of food. The Secretary may ad-
just this fee annually to account for inflation and other 
cost adjustments. Fees collected for a fiscal year pursuant 
to this subparagraph shall be credited to the appropriation 
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account for salaries and expenses of the Food and Drug 
Administration and shall be available in accordance with 
appropriations Acts until expended, without fiscal year 
limitation. Such fees shall be collected in each fiscal year 
in an amount equal to the amount specified in appropria-
tions Acts for such fiscal year and shall only be collected 
and available for the costs of the Food and Drug Adminis-
tration to cover the cost of issuing such certifications. 
Such sums as necessary may be transferred from such ap-
propriation account for salaries and expenses of the Food 
and Drug Administration without fiscal year limitation to 
such appropriation account for salaries and expenses with 
fiscal year limitation.’’. 
SEC. 205. REGISTRATION FOR COMMERCIAL IMPORTERS 
OF FOOD; FEE. 
(a) REGISTRATION.— 
(1) PROHIBITIONS.—Section 301 (21 U.S.C. 
331), as amended by sections 110, 111, 133, and 
136, is amended by adding at the end the following: 
‘‘(tt) The failure to register in accordance with sec-
tion 801(r).’’. 
(2) MISBRANDING.—Section 403 (21 U.S.C. 
343) as amended by sections 101(a), 109(a), 114(a), 
and 203, is amended by adding at the end: 
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