136 
of title 5, United States Code, as adjusted by 
any locality-based comparability payment pur-
suant to section 5304 of such title for Federal 
employees stationed in the District of Columbia; 
or 
‘‘(C) the average annual change in the 
cost, per full-time equivalent position of the 
Food and Drug Administration, of all personnel 
compensation and benefits paid with respect to 
such positions for the first 5 years of the pre-
ceding 6 fiscal years. 
‘‘(3) COMPOUNDED
BASIS.—The adjustment 
made each fiscal year pursuant this subsection shall 
be added on a compounded basis to the sum of all 
adjustments made each fiscal year after fiscal year 
2010 under this subsection. 
‘‘(4) WAIVER
FOR
IMPORTERS
REQUIRED
TO 
PAY REGISTRATION FEE.—In the case of a person 
who is required to pay both a fee under section 743 
for registration of one or more facilities under sec-
tion 415 and a fee under this section for registration 
as an importer of food under section 801(s), the 
Secretary shall waive the fees applicable to such per-
son under section 743 or the fee applicable to such 
person under this section.
137 
‘‘(c) CREDITING AND AVAILABILITY OF FEES.— 
‘‘(1) IN GENERAL.—Fees authorized under sub-
section (a) shall be collected and available for obliga-
tion only to the extent and in the amount provided 
in advance in appropriations Acts. Such fees are au-
thorized to remain available until expended. Such 
sums as may be necessary may be transferred from 
the Food and Drug Administration salaries and ex-
penses appropriation account without fiscal year lim-
itation to such appropriation account for salaries 
and expenses with such fiscal year limitation. 
‘‘(2) 
COLLECTIONS
AND
APPROPRIATIONS 
ACTS.—The fees authorized by this section— 
‘‘(A) shall be retained in each fiscal year in 
an amount not to exceed the amount specified 
in appropriation Acts, or otherwise made avail-
able for obligation, for such fiscal year; and 
‘‘(B) shall only be collected and available 
to cover the costs associated with registering 
importers under section 801(s) and with ensur-
ing compliance with good importer practices re-
specting food. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
For each of fiscal years 2010 through 2014, there
138 
are authorized to be appropriated for fees under this 
section such sums as may be necessary.’’. 
(c) INSPECTION.—Section 704 (21 U.S.C. 374), as 
amended by section 105, is amended by adding at the end 
the following: 
‘‘(i) IMPORTERS.—Every person engaged in the im-
porting of any food shall, upon request of an officer or 
employee designated by the Secretary, permit such officer 
or employee at all reasonable times to inspect the facilities 
of such person and have access to, and to copy and verify, 
any related records.’’. 
SEC. 205. REGISTRATION FOR CUSTOMS BROKERS. 
(a) REGISTRATION.— 
(1) 
PROHIBITIONS.—Section 
301(zz) 
(21 
U.S.C. 331), as added by section 204, is amended 
by inserting ‘‘or 801(t)’’ after ‘‘801(s)’’. 
(2) MISBRANDING.—Section 403(ee) (21 U.S.C. 
343), as added by section 204, is amended— 
(A) by inserting ‘‘or a customs broker’’ 
after ‘‘by an importer’’; and 
(B) 
by 
inserting 
‘‘or 
801(t)’’ 
after 
‘‘801(s)’’. 
(3) REGISTRATION.—Section 801, as amended 
by sections 109, 136, and 204, is amended by add-
ing at the end the following:
139 
‘‘(t) REGISTRATION OF CUSTOMS BROKER.— 
‘‘(1) REGISTRATION.—The Secretary shall re-
quire a customs broker, with respect to the importa-
tion of food— 
‘‘(A) to be registered with the Secretary in 
a form and manner specified by the Secretary; 
and 
‘‘(B) consistent with section 1011, to sub-
mit appropriate unique facility identifiers as a 
condition of registration. 
‘‘(2) CANCELLATION OF REGISTRATION.— 
‘‘(A) IN GENERAL.—Not earlier than 10 
days after providing the notice under subpara-
graph (B), the Secretary may cancel a registra-
tion that the Secretary determines was not up-
dated in accordance with this section or other-
wise contains false, incomplete, or inaccurate 
information. 
‘‘(B) NOTICE
OF
CANCELLATION.—Can-
cellation shall be preceded by notice to the cus-
toms broker of the intent to cancel the registra-
tion and the basis for such cancellation. 
‘‘(C) TIMELY UPDATE OR CORRECTION.— 
If the registration for the customs broker is up-
dated or corrected no later than 7 days after
140 
notice is provided under subparagraph (B), the 
Secretary shall not cancel such registration. 
‘‘(3) NOTIFICATION.—The Secretary shall no-
tify the Commissioner responsible for Customs and 
Border Protection whenever the Secretary cancels a 
registration under this subsection. 
‘‘(4) EXEMPTIONS.—In consultation with the 
Commissioner responsible for Customs and Border 
Protection, the Secretary, by notice published in the 
Federal Register— 
‘‘(A) shall establish an exemption from the 
requirements of this subsection for importations 
for personal use; and 
‘‘(B) may establish other exemptions from 
the requirements of this subsection. 
‘‘(5) CIVIL PENALTIES.—Notwithstanding any 
other provision in this Act, a customs broker who 
violates section 301 because of a violation of section 
403(ee), or who violates section 301(xx), 301(yy), or 
301(zz), shall not be subject to a civil penalty under 
section 303(f)(2).’’. 
(4) REGULATIONS.—Not later than 24 months 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services, in consulta-
tion with the Commissioner responsible for Customs
141 
and Border Protection, shall promulgate the regula-
tions required to carry out section 801(t) of the 
Federal Food, Drug, and Cosmetic Act, as added by 
paragraph (2). 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date that 
is 24 months after the date of enactment of this Act. 
(b) INSPECTION.—Section 704 (21 U.S.C. 374), as 
amended by sections 105 and 204, is amended by adding 
at the end the following: 
‘‘(j) BROKERS.—Every customs broker required to be 
registered with the Secretary shall, upon request of an of-
ficer or employee designated by the Secretary, permit such 
officer or employee at all reasonable times to inspect the 
facilities of such person and have access to, and to copy 
and verify, any related records.’’. 
SEC. 206. UNIQUE IDENTIFICATION NUMBER FOR FOOD FA-
CILITIES, IMPORTERS, AND CUSTOM BRO-
KERS. 
Chapter X (21 U.S.C. 391 et seq) is amended by add-
ing at the end the following: 
‘‘SEC. 1011. UNIQUE FACILITY IDENTIFIER. 
‘‘(a) REGISTRATION OF FACILITY OR ESTABLISH-
MENT.—A person required to register a facility pursuant
142 
to section 415 shall submit, at the time of registration, 
a unique facility identifier for the facility or establishment. 
‘‘(b) REGISTRATION OF IMPORTERS AND CUSTOM 
BROKERS.—A person required to register pursuant to sec-
tion 801(s) or 801(t) shall submit, at the time of registra-
tion, a unique facility identifier for the principal place of 
business for which such person is required to register 
under section 801(s) or 801(t). 
‘‘(c) GUIDANCE.—The Secretary may, by guidance, 
and, with respect to importers and customs brokers, in 
consultation with the Commissioner responsible for Cus-
toms and Border Protection, specify the unique numerical 
identifier system to be used to meet the requirements of 
subsections (a) and (b) and the form, manner, and timing 
of a submission under such subsections. Development of 
such guidelines shall take into account the utilization of 
existing unique identification schemes and compatibility 
with customs automated systems, such as integration with 
the Automated Commercial Environment (ACE) and the 
International Trade Data System (ITDS), and any suc-
cessor systems. 
‘‘(d) IMPORTATION.—An article of food imported or 
offered for import shall be refused admission unless the 
appropriate unique facility identifiers, as specified by the 
Secretary, are provided for such article.’’.
143 
SEC. 207. PROHIBITION AGAINST DELAYING, LIMITING, OR 
REFUSING INSPECTION. 
(a) ADULTERATION.—Section 402 (21 U.S.C. 342), 
as amended by section 102, 103(a), and 104(a), is amend-
ed by adding at the end the following: 
‘‘(n) If it has been produced, manufactured, proc-
essed, packed, or held in any farm, factory, warehouse, 
or establishment and the owner, operator, or agent of such 
farm, factory, warehouse, or establishment, or any agent 
of a governmental authority in the foreign country within 
which such farm, factory, warehouse, or establishment is 
located, delays or limits an inspection, or refuses to permit 
entry or inspection, under section 414 or 704.’’. 
(b) FOREIGN INSPECTIONS.—Section 704(a)(1) (21 
U.S.C. 374(a)(1)), as amended by section 106(c), is 
amended— 
(1) in the first sentence, by inserting ‘‘, includ-
ing any such food factory, warehouse, or establish-
ment whether foreign or domestic,’’ after ‘‘factory, 
warehouse, or establishment’’; and 
(2) in the third sentence, by inserting ‘‘, includ-
ing any food factory, warehouse, establishment, or 
consulting laboratory whether foreign or domestic,’’ 
after ‘‘factory, warehouse, establishment, or con-
sulting laboratory’’.
144 
SEC. 208. DEDICATED FOREIGN INSPECTORATE. 
Section 704 (21 U.S.C. 374), as amended by sections 
105, 204, and 205, is amended by adding at the end the 
following: 
‘‘(k) DEDICATED FOREIGN INSPECTORATE.—The 
Secretary shall establish and maintain a corps of inspec-
tors dedicated to inspections of foreign food facilities. This 
corps shall be staffed and funded by the Secretary at a 
level sufficient to enable it to assist the Secretary in 
achieving the frequency of inspections for food facilities 
as described in this Act.’’. 
SEC. 209. PLAN AND REVIEW OF CONTINUED OPERATION 
OF FIELD LABORATORIES. 
(a) SUBMISSION OF PLAN.—Not later than 90 days 
before the Secretary terminates or consolidates any lab-
oratory, district office, or the functions (including the in-
spection and compliance functions) of any such laboratory 
or district office, specified in subsection (b), the Secretary 
shall submit a reorganization plan to the Comptroller Gen-
eral of the United States, the Committee on Energy and 
Commerce of the House of Representatives, and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate. 
(b) SPECIFIED LABORATORIES AND OFFICES.—The 
laboratories and offices specified in this subsection are the 
following:
145 
(1) Any of the 13 field laboratories responsible 
for analyzing food that were operated by the Office 
of Regulatory Affairs of the Food and Drug Admin-
istration as of January 1, 2007. 
(2) Any of the 20 district offices of the Food 
and Drug Administration with responsibility for food 
safety functioning as of January 1, 2007. 
(c) CONGRESSIONAL
REVIEW.—A reorganization 
plan described in subsection (a) is deemed to be a major 
rule (as defined in section 804(2) of title 5, United States 
Code) for purposes of chapter 8 of such title. 
SEC. 210. FALSE OR MISLEADING REPORTING TO FDA. 
(a) IN GENERAL.—Section 301(q)(2) (21 U.S.C. 
331(q)(2)) is amended by inserting after ‘‘device’’ the fol-
lowing: ‘‘, food,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to submissions made on or after 
the date of the enactment of this Act. 
SEC. 211. SUBPOENA AUTHORITY. 
(a) PROHIBITED ACT.—Section 301(f) is amended by 
inserting before the period ‘‘or the failure or refusal to 
obey a subpoena issued pursuant to section 311’’. 
(b) AMENDMENT.—Chapter III (21 U.S.C. 331 et 
seq.) is amended by adding at the end the following:
146 
‘‘SEC. 311. EXERCISE OF SUBPOENA AUTHORITY. 
‘‘(a) IN GENERAL.—For the purpose of— 
‘‘(1) any hearing, investigation, or other pro-
ceeding respecting a violation of a provision of this 
Act, the Public Health Service Act, or the Federal 
Anti-Tampering Act, relating to food; or 
‘‘(2) any hearing, investigation, or other pro-
ceeding to determine if a person is in violation of a 
specific provision of this Act, the Public Health 
Service Act, or the Federal Anti-Tampering Act, re-
lating to food, 
the Commissioner may issue subpoenas requiring the at-
tendance and testimony of witnesses and the production 
of records and other things. 
‘‘(b) TIMING OF COMPLIANCE.—When the Commis-
sioner deems that immediate compliance with a subpoena 
issued under this section is necessary to address a threat 
of serious adverse health consequences or death, the sub-
poena may require immediate production. 
‘‘(c) SERVICE OF SUBPOENA.— 
‘‘(1) IN GENERAL.—Subpoenas of the Commis-
sioner shall be served by a person authorized by the 
Commissioner by delivering a copy thereof to the 
person named therein or by certified mail addressed 
to such person at such person’s last known dwelling 
place or principal place of business.
147 
‘‘(2) CORPORATIONS AND OTHER ENTITIES.— 
Service on a domestic or foreign corporation, part-
nership, unincorporated association, or other entity 
that is subject to suit under a common name may 
be made by delivering the subpoena to an officer, a 
managing or general agent, or any other agent au-
thorized by appointment or by law to receive service 
of process. 
‘‘(3) PERSON
OUTSIDE
U.S. JURISDICTION.— 
Service on any person not found within the terri-
torial jurisdiction of any court of the United States 
may be made in any manner as the Federal Rules 
of Civil Procedure prescribe for service in a foreign 
nation. 
‘‘(4) PROOF OF SERVICE.—A verified return by 
the person so serving the subpoena setting forth the 
manner of service, or, in the case of service by cer-
tified mail, the return post office receipt therefor 
signed by the person so served, shall be proof of 
service. 
‘‘(d) PAYMENT OF WITNESSES.—Witnesses subpoe-
naed under subsection (a) shall be paid the same fees and 
mileage as are paid witnesses in the district courts of the 
United States.
148 
‘‘(e) ENFORCEMENT.—In the case of a refusal to 
obey a subpoena duly served upon any person under sub-
section (a), any district court of the United States for the 
judicial district in which such person charged with refusal 
to obey is found, resides, or transacts business, upon ap-
plication by the Commissioner, shall have jurisdiction to 
issue an order compelling compliance with the subpoena 
and requiring such person to appear and give testimony 
or to appear and produce records and other things, or 
both. The failure to obey such order of the court may be 
punished by the court as contempt thereof. If the person 
charged with failure or refusal to obey is not found within 
the territorial jurisdiction of the United States, the United 
States District Court for the District of Columbia shall 
have the same jurisdiction, consistent with due process, 
to take any action respecting compliance with the sub-
poena by such person that such district court would have 
if such person were personally within the jurisdiction of 
such district court. 
‘‘(f) NONDISCLOSURE.—A United States district 
court for the district in which the subpoena is or will be 
served, upon application of the Commissioner, may issue 
an ex parte order that no person or entity disclose to any 
other person or entity (other than to an attorney to obtain 
legal advice) the existence of such subpoena for a period