shall display an official mark, when needed to facilitate 
exports, that signifies that the food product has been proc-
essed in accordance with standards approved by the Sec-
retary. Such a mark may be subject to a fee. 
(e) MAINTENANCE OF RECORDS.—Each facility or 
person registered under this section shall maintain and 
make available for inspection by the Secretary such 
records as the Secretary may prescribe. Such records shall 
be maintained for a reasonable period of time as deter-
mined by the Secretary. The records shall include, but are 
not limited to, information concerning— 
(1) the origin, receipt, delivery, sale, movement, 
holding, and disposition of food products or ingredi-
ents; the identity and amount of ingredients used in 
the food; the processing of the food; the results of 
laboratory, sanitation, or other quality control tests 
performed on the food or in the facility; consumer 
complaints concerning the food or its packaging; and 
(2) other matters reasonably related to whether 
food products may be unsafe for human consump-
tion, or adulterated or misbranded under the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.). 
(f) OTHER INSPECTION RIGHTS AND DUTIES.—Sec-
tion 704 of the Federal Food, Drug, and Cosmetic Act 
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(21 U.S.C. 374) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) The rights and duties under this section of duly 
designated officers and employees and of other persons 
shall apply to enforcement of the Consumer Food Safety 
Act of 2007 to the same extent and in the same manner 
as they apply to enforcement of this Act.’’. 
SEC. 104. TOLERANCES FOR CONTAMINANTS IN FOOD. 
(a) TOLERANCES.—The Secretary shall establish tol-
erances limiting the quantity of contaminants, except for 
pesticide residues regulated under section 408 or food ad-
ditives regulated under section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), that, 
when found in food products, may render such products 
unsafe for human consumption. Contaminants include but 
are not limited to bacteria, chemical contaminants, natural 
toxins, viruses and parasites that when found on or in food 
can cause human illness. Such tolerances may include in-
dicators (including indicator organisms) from which it 
may reasonably be inferred that a contaminant is present 
in a food product. In developing a tolerance, the Secretary 
shall take into account the extent to which consumers may 
be exposed to such contaminant from sources other than 
food, and the extent to which such contaminant can be 
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avoided or minimized in the commercial handling and 
processing of such food. 
(b) REGULATIONS.— 
(1) The Secretary, after notice and an oppor-
tunity for comment, shall promulgate regulations to 
implement subsection (a) within 48 months after the 
date of enactment of this Act. In promulgating such 
regulations, the Secretary shall establish tolerances 
for the contaminants that the Secretary determines 
are having the greatest public health impact as early 
as feasible after implementation of this Act. 
(2) A tolerance established under this section 
shall be based on— 
(A) a scientific analysis of the health risks 
attributable to the contaminant for which the 
tolerance is established; and 
(B) analysis of the risks for sensitive 
groups, such as children, elderly, pregnant 
women and the immune compromised. 
(3) The Secretary shall, in a timely manner, 
issue revisions to the regulations under paragraph 
(1) which take into account new information. The 
Secretary may contract with the National Academy 
of Sciences to provide such data or assistance as the 
Secretary deems necessary. 
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(c) REPORT.—The Secretary shall report to the Con-
gress on the progress of the Secretary in establishing tol-
erances under this section. The report shall include a de-
scription of the research that has been conducted with re-
spect to such tolerances and the research that must be 
conducted before additional tolerances may be established, 
the health significance of the lack of such additional toler-
ances, a timetable for the establishment of such toler-
ances, and the estimated costs, including costs of research, 
associated with the establishment of such tolerances. The 
report shall be transmitted on or about the end of the 18th 
month after the date of enactment of this Act, and bienni-
ally thereafter during the 6-year period that begins on 
such date of enactment. 
SEC. 105. STATE AND FEDERAL COOPERATION. 
(a) IN GENERAL.—The Secretary shall work with the 
States in undertaking activities and programs that con-
tribute to the national food safety program so that State 
and Federal programs function in a coordinated and cost- 
effective manner. With the assistance provided in sub-
section (b), the Secretary shall encourage States to— 
(1) continue, strengthen, or establish State food 
safety programs, especially with respect to the regu-
lation of retail commercial food establishments, 
transportation, harvesting, and fresh markets; and 
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(2) establish procedures and requirements for 
ensuring that food products under the jurisdiction of 
the State are not unsafe for human consumption. 
(b) ASSISTANCE.— 
(1) The Secretary may provide to a State, for 
planning, developing, and implementing a food safe-
ty program— 
(A) advisory assistance; 
(B) technical and laboratory assistance 
and training (including necessary materials and 
equipment); and 
(C) financial and other aid. 
(c) SERVICE AGREEMENTS.—The Secretary may, 
under agreements entered into with Federal, State, or 
local agencies, use on a reimbursable basis or otherwise 
the personnel, services, and facilities of such agencies in 
carrying out their responsibilities under this Act. Such an 
agreement shall provide that any compliance records, no-
tices, or reports issued in connection with activities under 
the agreement and in the possession of the agency or gov-
ernment which entered into the agreement shall be made 
available in accordance with section 552 of title 5, United 
States Code. Agreements with a State under this sub-
section may provide for training of State employees. 
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SEC. 106. IMPORTS. 
(a) ROLE OF SECRETARY.—Within 24 months after 
the date of enactment of this Act, the Secretary shall es-
tablish and administer a comprehensive and efficient sys-
tem to ensure the safety of food imported into the United 
States. The Secretary shall routinely inspect processing 
facilities in exporting nations and imports at ports of entry 
into the United States. The Secretary shall assure the ef-
fective operation through verification and other activities 
as the Secretary considers necessary. 
(b) IMPORT REQUIREMENTS.— 
(1) No food product may enter the United 
States, or be withdrawn from a warehouse, for con-
sumption in the United States if such food prod-
uct— 
(A) appears unsafe for human consump-
tion, or adulterated or misbranded under the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); 
(B) is not marked or labeled as required 
by regulations for domestic or imported articles; 
or 
(C) does not comply with the requirements 
of this section. 
(2) Upon entry for consumption in the United 
States, food products that are not prohibited from 
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entry or from withdrawal from a warehouse under 
paragraph (1) shall be deemed to be and treated as 
domestic food products, except that all labeling of 
such products shall clearly identify the country of 
origin to facilitate the identification of products 
linked to outbreaks of illness. 
(c) INSPECTION OF IMPORTS.— 
(1) Food products that are offered for importa-
tion, or withdrawn from a warehouse, for consump-
tion in the United States, shall be subject to exami-
nations inspections, sampling, and such other proce-
dures at the port of entry or in the exporting nation 
by officers or employees duly designated by the Sec-
retary. Such procedures shall be conducted with 
such frequency and in such manner as the Secretary 
may prescribe by regulation. 
(2) Food products from a nation that is cer-
tified for such food products under subsection (e)(3) 
shall be subject to random examinations, inspections, 
sampling, and other procedures. Food products from 
a nation that is not certified for such food products 
under subsection (e)(3) shall be subject to such in-
tensified examinations, inspections, sampling, and 
other verification procedures, including inspection in 
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the country of origin, as the Secretary determines 
are necessary to ensure compliance with this Act. 
(d) DETENTION OF IMPORTED FOOD PRODUCT.—If 
during an inspection or other verification procedure car-
ried out under this section, an officer or employee con-
ducting the procedure has reason to believe that a food 
product is unsafe for human consumption, or adulterated 
or misbranded under the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.), such officer or employee 
may order the food product segregated, impounded, and 
if objection is not made within 48 hours, condemned. If 
objection is made, such food products that are in perish-
able form may be processed to the extent necessary to pre-
vent spoilage, and a hearing shall be commenced expedi-
tiously. The final condemnation or other disposition of 
such food product shall be subject to the provisions of sec-
tion 103(c). 
(e) AGREEMENTS WITH FOREIGN NATIONS.— 
(1) The Secretary may enter into an agreement 
with any nation desiring to export food products to 
the United States. Prior to concluding such an 
agreement, the Secretary shall evaluate the food 
safety program of the foreign nation to determine if 
such program provides at least the same level of pro-
tection, with respect to food products intended for 
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export to the United States, as domestic laws that 
affect the safety of the food supply. In such evalua-
tion, the Secretary shall consider— 
(A) the potential for health, sanitary, envi-
ronmental, or other conditions within the for-
eign nation to adversely affect the safety of 
food products exported from such nation; and 
(B) how well the food safety programs of 
the foreign nation functions to minimize any 
adverse effects on such safety. 
(2) Any agreement under this subsection with a 
nation desiring to export food products to the 
United States shall— 
(A) require that the exporting nation 
shall— 
(i) establish and maintain a food safe-
ty system that is adequate to ensure that 
the food products intended for export to 
the United States are safe for human con-
sumption, and not adulterated or mis-
branded under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.); 
and 
(ii) promptly notify the Secretary of 
any violations affecting the safety of food 
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products exported or intended for export to 
the United States; 
(B) provide for such activities (whether in 
the exporting nation or at the port of entry dur-
ing importation) by the Secretary, including ex-
aminations, inspections, sampling, and testing, 
at such stages in the growth or harvest of food, 
or in the processing or handling of food prod-
ucts, as the Secretary considers appropriate to 
ensure that the food safety program of the ex-
porting nation continues to provide at least the 
same level of protection, with respect to food 
products intended for export to the United 
States, as domestic laws that affect the safety 
of the food supply; and 
(C) provide for reciprocity with respect to 
the treatment of food imports and exports be-
tween the United States and the exporting na-
tion. 
(3) If the Secretary determines that a nation 
desiring to export food products to the United States 
has a program that provides at least the same level 
of protection, with respect to food products intended 
for export to the United States, as domestic laws 
that affect the safety of the food supply, the Sec-
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retary shall, upon entry into force of an agreement 
under subsection (e)(1), certify the types of food 
products for which the nation maintains such a pro-
gram. 
(4)(A) The Secretary shall periodically or for 
good cause, and not less than once every 3 years, re-
view certifications made under paragraph (3), and 
shall revoke the certification of any nation that the 
Secretary determines is not maintaining a food safe-
ty program that provides at least the same level of 
protection, with respect to food products intended 
for export to the United States, as domestic laws 
that affect the safety of the food supply. 
(B) The Secretary shall review and modify, as 
needed, an agreement made under paragraph (1) 
with any nation whose certification has been revoked 
under subparagraph (A) of this paragraph. 
TITLE II—RESEARCH AND 
EDUCATION 
SEC. 201. PUBLIC HEALTH ASSESSMENT SYSTEM. 
(a) COOPERATION WITH THE CENTERS FOR DISEASE 
CONTROL AND PREVENTION.—The Secretary shall work, 
through the Centers for Disease Control and Prevention, 
to include food in an active surveillance system, based on 
a representative proportion of the population of the United 
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States, and to assess more accurately the frequency and 
sources of human illness in the United States associated 
with the consumption of food. 
(b) PUBLIC HEALTH SAMPLING.— 
(1) Within 12 months after the date of enact-
ment of this Act, the Secretary in cooperation with 
the Secretary of Agriculture shall establish guide-
lines for a sampling system under which the Sec-
retary and the Secretary of Agriculture shall take 
and analyze samples of food products to assist the 
Secretary in carrying out this Act and the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.), and to more accurately assess the nature, fre-
quency of occurrence, and amounts of contaminants 
in food products. 
(2) Such sampling system shall provide— 
(A) statistically valid monitoring, including 
market-basket studies, on the nature, frequency 
of occurrence, and amounts of contaminants in 
food products available to consumers; and 
(B) at the request of the Secretary, such 
other information, including analysis of moni-
toring and verification samples, as the Sec-
retary determines may be useful in assessing 
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the occurrence of contaminants in food prod-
ucts. 
(c) ASSESSMENT OF HEALTH HAZARDS.—Through 
the surveillance system referred to in subsection (a) and 
the sampling system described in subsection (b), the Sec-
retary shall rank food categories based on their hazard 
to human health and identify appropriate industry and 
regulatory approaches to minimize hazards in the food 
supply. Such analysis could include— 
(1) the safety of commercial harvesting and 
processing, as compared with the health hazards as-
sociated with food products that are harvested for 
recreational or subsistence purposes and prepared 
noncommercially; 
(2) the safety of food products that are domes-
tically harvested and processed, as compared with 
the health hazards associated with food products 
that are harvested or processed outside the United 
States; and 
(3) contamination originating from handling 
practices that occur prior to or after sale of food 
products to consumers. 
SEC. 202. PUBLIC EDUCATION AND ADVISORY SYSTEM. 
(a) PUBLIC EDUCATION.—The Secretary, in coopera-
tion with private and public organizations, including the 
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cooperative extension services and appropriate State enti-
ties, shall design and implement a national public edu-
cation program on food safety. The program shall pro-
vide— 
(1) information to the public regarding Federal 
standards and good practice requirements and pro-
motion of public awareness understanding and ac-
ceptance of such standards and requirements; 
(2) information to health professionals so that 
they may improve diagnosis and treatment of food- 
related illness and advise individuals whose health 
conditions place them in particular risk; and 
(3) such other information or advice to con-
sumers and other persons as the Secretary deter-
mines will promote the purposes of this Act. 
(b) HEALTH ADVISORIES.—The Secretary, in con-
sultation with the Secretary of Agriculture and the Admin-
istrator of the Environmental Protection Agency, shall 
work with the States and other appropriate entities to— 
(1) develop and distribute regional and national 
advisories concerning food safety; 
(2) develop standardized formats for written 
and broadcast advisories; and 
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(3) incorporate State and local advisories into 
the national public education program required 
under subsection (a). 
SEC. 203. RESEARCH. 
(a) IN GENERAL.—The Secretary shall conduct re-
search to assist in the implementation of this Act, includ-
ing studies to— 
(1) improve sanitation and food safety practices 
in the processing of food products; 
(2) develop improved techniques for the moni-
toring of food and inspection of food products; 
(3) develop efficient, rapid, and sensitive meth-
ods for determining and detecting the presence of 
contaminants in food products; 
(4) determine the sources of contamination of 
food and food products with contaminants; and 
(5) develop consumption data with respect to 
food products. 
(b) CONTRACT AUTHORITY.—The Secretary is au-
thorized to enter into contracts and agreements with any 
State, university, other government agencies or other per-
sons to carry out the activities under this section. 
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TITLE III—ENFORCEMENT 
SEC. 301. AMENDMENTS TO THE FEDERAL FOOD, DRUG, 
AND COSMETIC ACT. 
(a) IN GENERAL.—The Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) is amended by add-
ing after section 416 the following new sections: 
‘‘SEC. 417. NOTIFICATION AND RECALL. 
‘‘(a) NOTICE TO SECRETARY OF ADULTERATION OR 
MISBRANDING.—Any person (other than a household con-
sumer or other individual who is the intended consumer 
of an article of food) that has a reasonable basis for believ-
ing that any article of food introduced into or in interstate 
commerce, or held for sale (whether or not the first sale) 
after shipment in interstate commerce, may be adulterated 
or misbranded or otherwise in violation of the Consumer 
Food Safety Act of 2007 shall immediately notify the Sec-
retary, in such manner and by such means as the Sec-
retary may by regulation prescribe, of the identity and lo-
cation of such article. 
‘‘(b) RECALL AND CONSUMER NOTIFICATION.— 
‘‘(1) VOLUNTARY
PROCEDURES.—If the Sec-
retary finds, upon notification under subsection (a) 
or otherwise, that any article of food is adulterated 
or misbranded when introduced into or while in 
interstate commerce or while held for sale (whether 
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