Title: Safe Food Act of 2019
Policy area: Agriculture and Food

Summary:
Safe Food Act of 2019
This bill establishes the Food Safety Administration (FSA) as an independent agency to administer and enforce food safety laws.
The functions of specified federal agencies that relate to the administration or enforcement of food safety laws are transferred to the FSA.
The FSA is directed to

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1995 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1995

   To establish the Food Safety Administration to protect the public 
 health by preventing foodborne illness, ensuring the safety of food, 
improving research on contaminants leading to foodborne illness and the 
chronic health outcomes associated with foodborne illnesses, improving 
the surveillance of foodborne pathogens (including foodborne pathogens 
  identified as antibiotic resistant), and improving security of food 
        from intentional contamination, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2019

   Mr. Durbin (for himself, Mr. Blumenthal, Mrs. Feinstein, and Mrs. 
  Gillibrand) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To establish the Food Safety Administration to protect the public 
 health by preventing foodborne illness, ensuring the safety of food, 
improving research on contaminants leading to foodborne illness and the 
chronic health outcomes associated with foodborne illnesses, improving 
the surveillance of foodborne pathogens (including foodborne pathogens 
  identified as antibiotic resistant), and improving security of food 
        from intentional contamination, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Food Act of 
2019''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
          TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION

Sec. 101. Establishment of Food Safety Administration.
Sec. 102. Consolidation of separate food safety and inspection services 
                            and agencies.
Sec. 103. Additional duties of the Administration.
            TITLE II--ADMINISTRATION OF FOOD SAFETY PROGRAM

Sec. 201. Administration of national program.
Sec. 202. Registration of food facilities.
Sec. 203. Preventive process controls to reduce adulteration of food.
Sec. 204. Performance standards for contaminants in food.
Sec. 205. Inspections of food facilities.
Sec. 206. Food production establishments.
Sec. 207. Federal and State cooperation.
Sec. 208. Foreign supplier verification program.
Sec. 209. Imports.
Sec. 210. Traceback.
Sec. 211. Food safety technology.
                   TITLE III--RESEARCH AND EDUCATION

Sec. 301. Public health assessment system.
Sec. 302. Public education and advisory system.
Sec. 303. Research.
                         TITLE IV--ENFORCEMENT

Sec. 401. Prohibited acts.
Sec. 402. Mandatory recall authority.
Sec. 403. Injunction proceedings.
Sec. 404. Civil and criminal penalties.
Sec. 405. Presumption.
Sec. 406. Whistleblower protection.
Sec. 407. Administration and enforcement.
Sec. 408. Citizen civil actions.
                        TITLE V--IMPLEMENTATION

Sec. 501. Definition.
Sec. 502. Reorganization plan.
Sec. 503. Transitional authorities.
Sec. 504. Savings provisions.
Sec. 505. Conforming amendments.
Sec. 506. Additional technical and conforming amendments.
Sec. 507. Regulations.
Sec. 508. Authorization of appropriations.
Sec. 509. Limitation on authorization of appropriations.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the safety of the food supply of the United States is 
        vital to the public health, to public confidence in the food 
        supply, and to the success of the food sector of the Nation's 
        economy;
            (2) lapses in the protection of the food supply and loss of 
        public confidence in food safety are damaging to consumers and 
        the food industry, and place a burden on interstate commerce;
            (3) the safety and security of the food supply requires an 
        integrated, systemwide approach to preventing foodborne 
        illness, a thorough and broad-based approach to basic and 
        applied research, and intensive, effective, and efficient 
        management of the Nation's food safety program;
            (4) the task of preserving the safety of the food supply of 
        the United States faces tremendous pressures with regard to--
                    (A) emerging pathogens and other contaminants and 
                the ability to detect all forms of contamination;
                    (B) an aging and immune-compromised population, 
                with a growing number of people at high risk for 
                foodborne illnesses, including infants and children;
                    (C) a concern regarding food fraud for economic 
                gain, especially with mislabeling and intentionally 
                misleading claims;
                    (D) an increasing volume of imported food, without 
                adequate monitoring and inspection; and
                    (E) maintenance of rigorous inspection of the 
                domestic food processing and food service industries;
            (5) Federal food safety standard setting, inspection, 
        enforcement, and research efforts should be based on the best 
        available science and public health considerations and food 
        safety resources should be systematically deployed in ways that 
        most effectively prevent foodborne illness;
            (6) the Federal food safety system is fragmented, with at 
        least 15 Federal agencies sharing responsibility for food 
        safety, and operates under laws that do not reflect current 
        conditions in the food system or current scientific knowledge 
        about the cause and prevention of foodborne illness;
            (7) the fragmented Federal food safety system and outdated 
        laws preclude an integrated, systemwide approach to preventing 
        foodborne illness, to the effective and efficient operation of 
        the Nation's food safety program, and to the most beneficial 
        deployment of food safety resources;
            (8) the National Academy of Sciences recommended in the 
        report ``Ensuring Safe Food from Production to Consumption'' 
        that Congress establish by statute a unified and central 
        framework for managing Federal food safety programs, and 
        recommended modifying Federal statutes so that inspection, 
        enforcement, and research efforts are based on scientifically 
        supportable assessments of risks to public health; and
            (9) the lack of a single focal point for food safety 
        leadership in the United States undercuts the ability of the 
        United States to exert food safety leadership internationally, 
        which is detrimental to the public health and the international 
        trade interests of the United States.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a single agency to be known as the ``Food 
        Safety Administration'' to--
                    (A) regulate food safety and related labeling to 
                strengthen the protection of the public health;
                    (B) ensure that food facilities fulfill their 
                responsibility to produce food in a manner that 
                protects the public health of all people in the United 
                States;
                    (C) lead an integrated, systemwide approach to food 
                safety and to make more effective and efficient use of 
                resources to prevent foodborne illness;
                    (D) provide a single focal point for food safety 
                leadership, both nationally and internationally; and
                    (E) provide an integrated food safety research 
                capability, utilizing internally generated, 
                scientifically and statistically valid studies or other 
                food safety initiatives, in cooperation with academic 
                institutions, food safety nonprofit organizations, and 
                other scientific entities of the Federal and State 
                governments, to achieve the continuous improvement of 
                research on foodborne illness and contaminants;
            (2) to transfer to the Food Safety Administration the food 
        safety, labeling, inspection, and enforcement functions that, 
        as of the day before the date of enactment of this Act, are 
        performed by other Federal agencies; and
            (3) to modernize and strengthen the Federal food safety 
        laws to achieve more effective application and efficient 
        management of the laws for the protection and improvement of 
        public health.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Food Safety Administration established under section 101(a)(1).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of Food Safety appointed under section 101(a)(3).
            (3) Adulterated.--
                    (A) In general.--The term ``adulterated'' has the 
                meaning given the term in--
                            (i) section 402 of the Federal Food, Drug, 
                        and Cosmetic Act (21 U.S.C. 342) for food 
                        regulated under such Act;
                            (ii) section 1(m) of the Federal Meat 
                        Inspection Act (21 U.S.C. 601(m)) for food 
                        regulated under such Act;
                            (iii) section 4(g) of the Poultry Products 
                        Inspection Act (21 U.S.C. 453(g)) for food 
                        regulated under such Act; and
                            (iv) section 4(a) of the Egg Products 
                        Inspection Act (21 U.S.C. 1033(a)) for food 
                        regulated under such Act.
                    (B) Inclusion.--In applying the definitions cited 
                in subparagraph (A), poisonous or deleterious 
                substances in food shall be treated as an added 
                substance if the poisonous or deleterious substances 
                are known to cause serious illness or death in persons, 
                including in sensitive populations.
            (4) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (5) Category 1 food facility.--The term ``category 1 food 
        facility'' means a facility that slaughters animals for food.
            (6) Category 2 food facility.--The term ``category 2 food 
        facility'' means a facility that processes--
                    (A) raw meat, poultry, or seafood in a manner that 
                may reduce but is not validated to destroy 
                contaminants; or
                    (B) other products that the Administrator 
                determines by regulation to be at high risk of 
                contamination.
            (7) Category 3 food facility.--The term ``category 3 food 
        facility'' means a facility--
                    (A) that processes meat, poultry, or seafood, or 
                other products that the Administrator determines by 
                regulation to be at high risk of contamination; and
                    (B) whose processes include one or more steps 
                validated to destroy contaminants.
            (8) Category 4 food facility.--The term ``category 4 food 
        facility'' means a facility that processes food but is not a 
        category 1, 2, or 3 food facility.
            (9) Category 5 food facility.--The term ``category 5 food 
        facility'' means a facility that stores, holds, or transports 
        food prior to delivery for retail sale.
            (10) Contaminant.--The term ``contaminant'' includes 
        biological, chemical, physical, or radiological hazards, 
        natural toxins, pesticides, drug residues, decomposition, 
        parasites, allergens, and unapproved food or color additives.
            (11) Contamination.--The term ``contamination'' refers to a 
        presence of a contaminant in food, which may occur naturally or 
        be introduced into a food.
            (12) Feed facility.--The term ``feed facility'' means a 
        domestic or foreign feed manufacturer, processor, packer, 
        warehouse, or other facility that--
                    (A) if operating in the United States, 
                manufactures, slaughters, processes, or holds animal 
                feed or feed ingredients; or
                    (B) if operating elsewhere, manufactures, 
                slaughters, processes, or holds animal feed or feed 
                ingredients intended for consumption in the United 
                States.
            (13) Food.--
                    (A) In general.--The term ``food'' means a product 
                intended to be used for food or drink for a human or an 
                animal.
                    (B) Inclusions.--The term ``food'' includes any 
                product (including a meat food product, as defined in 
                section 1(j) of the Federal Meat Inspection Act (21 
                U.S.C. 601(j))), capable for use as human and animal 
                food that is made in whole or in part from any animal, 
                including cattle, sheep, swine, goat, or poultry (as 
                defined in section 4 of the Poultry Products Inspection 
                Act (21 U.S.C. 453)), and animal feed.
            (14) Food facility.--
                    (A) In general.--The term ``food facility'' means a 
                domestic or foreign food manufacturer, slaughterhouse, 
                processor, packer, warehouse, or other facility that--
                            (i) if operating in the United States, 
                        manufactures, slaughters, processes, or holds 
                        food or food ingredients; or
                            (ii) if operating outside the United 
                        States, manufactures, slaughters, processes, or 
                        holds food intended for consumption in the 
                        United States.
                    (B) Exclusions.--For the purposes of registration, 
                the term ``food facility'' does not include--
                            (i) a farm, restaurant, other retail food 
                        establishment, or nonprofit food establishment 
                        in which food is prepared for or served 
                        directly to the consumer; or
                            (ii) a fishing vessel (other than a fishing 
                        vessel engaged in processing, as that term is 
                        defined in section 123.3(k) of title 21, Code 
                        of Federal Regulations).
            (15) Food production establishment.--The term ``food 
        production establishment'' means any farm, ranch, orchard, 
        vineyard, aquaculture facility, or confined animal-feeding 
        operation.
            (16) Food safety law.--The term ``food safety law'' means--
                    (A) the provisions of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) related to and 
                requiring the safety, labeling, and inspection of food, 
                infant formulas, food additives, pesticide residues, 
                and other substances present in food under that Act;
                    (B) the provisions of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) and of any other 
                Act that are administered by the Center for Veterinary 
                Medicine of the Food and Drug Administration;
                    (C) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.);
                    (D) the Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.);
                    (E) the FDA Food Safety Modernization Act (Public 
                Law 111-353; 124 Stat. 3885);
                    (F) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.);
                    (G) chapter 57 of title 49, United States Code 
                (formerly known as the ``Sanitary Food Transportation 
                Act of 1990'');
                    (H) Public Law 85-765 (commonly known as the 
                ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 
                1901 et seq.);
                    (I) this Act; and
                    (J) such other provisions of law related to and 
                requiring food safety, labeling, inspection, and 
                enforcement as the President designates by Executive 
                order as appropriate to include within the jurisdiction 
                of the Administration.
            (17) Interstate commerce.--The term ``interstate commerce'' 
        has the meaning given the term in section 201(b) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)).
            (18) Misbranded.--The term ``misbranded'' has the meaning 
        given the term in--
                    (A) section 403 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 343) for food regulated under 
                such Act;
                    (B) section 1(n) of the Federal Meat Inspection Act 
                (21 U.S.C. 601(n)) for food regulated under such Act;
                    (C) section 4(h) of the Poultry Products Inspection 
                Act (21 U.S.C. 453(h)) for food regulated under such 
                Act; and
                    (D) section 4(l) of the Egg Products Inspection Act 
                (21 U.S.C. 1033(l)) for food regulated under such Act.
            (19) Process.--The term ``process'' or ``processing'' means 
        the commercial slaughter, packing, preparation, or manufacture 
        of food.
            (20) Safe.--The term ``safe'' refers to human and animal 
        health.
            (21) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (22) Validation.--The term ``validation'' means the act of 
        obtaining evidence that the process control measure or measures 
        selected to control a contaminant in food is capable of 
        effectively and consistently controlling the contaminant.
            (23) Statistically valid.--The term ``statistically valid'' 
        means evaluated and conducted under standards set by the 
        National Institute of Standards and Technology.

          TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        branch an agency to be known as the ``Food Safety 
        Administration''.
            (2) Status.--The Administration shall be an independent 
        establishment (as defined in section 104 of title 5, United 
        States Code).
            (3) Head of administration.--The Administration shall be 
        headed by the Administrator of Food Safety, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
    (b) Duties of Administrator.--The Administrator shall--
            (1) administer and enforce the food safety law;
            (2) serve as a representative to international food safety 
        bodies and discussions;
            (3) promulgate regulations to ensure the security of the 
        food supply from all forms of contamination, including 
        intentional contamination; and
            (4) oversee--
                    (A) implementation of Federal food safety 
                inspection, labeling, enforcement, and research efforts 
                to protect the public health;
                    (B) development of consistent and science-based 
                standards for safe food;
                    (C) coordination and prioritization of food safety 
                research and education programs with other Federal 
                agencies;
                    (D) prioritization of Federal food safety efforts 
                and deployment of Federal food safety resources to 
                achieve the greatest benefit in reducing foodborne 
                illness;
                    (E) coordination of the Federal response to 
                foodborne illness outbreaks with other Federal and 
                State agencies; and
                    (F) integration of Federal food safety activities 
                with State and local agencies.

SEC. 102. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES 
              AND AGENCIES.

    (a) Transfer of Functions.--For each Federal agency specified in 
subsection (b), there are transferred to the Administration all 
functions that the head of the Federal agency exercised on the day 
before the date of enactment of this Act (including all related 
functions of any officer or employee of the Federal agency) that relate 
to administration or enforcement of the food safety law, as determined 
by the President.
    (b) Transferred Agencies.--The Federal agencies referred to in 
subsection (a) are--
            (1) the Food Safety and Inspection Service of the 
        Department of Agriculture;
            (2) the Center for Food Safety and Applied Nutrition of the 
        Food and Drug Administration;
            (3) the part of the Agriculture Marketing Service that 
        administers shell egg surveillance services established under 
        the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
            (4) the resources and facilities of the Office of 
        Regulatory Affairs of the Food and Drug Administration that 
        administer and conduct inspections of food and feed facilities 
        and imports;
            (5) the Center for Veterinary Medicine of the Food and Drug 
        Administration;
            (6) the Office of Food Policy and Response of the Food and 
        Drug Administration;
            (7) the part of the Research, Education, and Economics 
        mission area of the Department of Agriculture related to food 
        and feed safety;
            (8) the part of the National Marine Fisheries Service of 
        the National Oceanic and Atmospheric Administration of the 
        Department of Commerce that administers the seafood inspection 
        program;
            (9) the part of the Animal and Plant Inspection Health 
        Service of the Department of Agriculture related to the 
        management of animals going into the food supply; and
            (10) such other offices, services, or agencies as the 
        President designates by Executive order to carry out this Act.

SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION.

    (a) Officers and Employees.--The Administrator may--
            (1) appoint officers and employees for the Administration 
        in accordance with the provisions of title 5, United States 
        Code, relating to appointment in the competitive service; and
            (2) fix the compensation of those officers and employees in 
        accordance with chapter 51 and with subchapter III of chapter 
        53 of that title, relating to classification and General 
        Schedule pay rates.
    (b) Experts and Consultants.--The Administrator may--
            (1) procure the services of temporary or intermittent 
        experts and consultants as authorized by section 3109 of title 
        5, United States Code; and
            (2) pay in connection with those services the travel 
        expenses of the experts and consultants, including 
        transportation and per diem in lieu of subsistence while away 
        from the homes or regular places of business of the 
        individuals, as authorized by section 5703 of that title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may 
establish within the Administration such bureaus, offices, and 
divisions as the Administrator determines are necessary to perform the 
duties of the Administrator.
    (d) Advisory Committees.--
            (1) In general.--The Administrator shall establish advisory 
        committees that consist of representatives of scientific expert 
        bodies, academics, industry specialists, and consumers.
            (2) Duties.--The duties of an advisory committee 
        established under paragraph (1) may include developing 
        recommendations with respect to the development of regulatory 
        science and processes, research, communications, performance 
        standards, and inspection.

            TITLE II--ADMINISTRATION OF FOOD SAFETY PROGRAM

SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM.

    (a) In General.--The Administrator shall--
            (1) administer a national food safety program (referred to 
        in this section as the ``program'') to protect public health; 
        and
            (2) ensure that persons who produce or process food meet 
        their responsibility to prevent or minimize food safety hazards 
        related to their products.
    (b) Comprehensive Analysis.--The program shall be based on a 
comprehensive analysis of the hazards associated with different food 
and with the processing of different food, including the identification 
and evaluation of--
            (1) the severity of the health risks;
            (2) the sources and specific points of potential 
        contamination extending from the farm or ranch to the consumer 
        that may render food unsafe;
            (3) the potential for persistence, multiplication, or 
        concentration of naturally occurring or added contaminants in 
        food;
            (4) opportunities across the food production, processing, 
        distribution, and retail system to manage and reduce potential 
        health risks; and
            (5) opportunities for intentional contamination.
    (c) Program Elements.--In carrying out the program, the 
Administrator shall--
            (1) adopt and implement a national system for the 
        registration of food facilities and regular unannounced 
        inspection of food facilities;
            (2) verify and enforce the adoption of preventive process 
        controls in food facilities, based on the best available 
        scientific and public health considerations and best available 
        technologies;
            (3) establish and enforce science-based standards for--
                    (A) substances that may contaminate food; and
                    (B) safety and sanitation in the processing and 
                handling of food;
            (4) implement a statistically valid sampling program to 
        ensure that industry programs and procedures that prevent food 
        contamination are effective on an ongoing basis and that food 
        meets the performance standards established under this Act;
            (5) implement procedures and requirements to ensure the 
        safety and security of imported food;
            (6) coordinate with other agencies and State or local 
        governments in carrying out inspection, enforcement, research, 
        and monitoring;
            (7) access the surveillance data of the Centers for Disease 
        Control and Prevention, and other Federal Government agencies, 
        in order to develop and implement a national surveillance 
        system to assess the health risks associated with the human 
        consumption of food or to create surveillance data and studies 
        to mitigate food threats (such as antibiotic resistance) or to 
        identify the ways that food contamination spreads through 
        environments;
            (8) partner with relevant agencies to identify and prevent 
        terrorist threats to food;
            (9) establish a process for providing a single point of 
        contact to assist impacted consumers in navigating Federal, 
        State, and local agencies involved in responding to or 
        monitoring a foodborne outbreak;
            (10) develop public education risk communication and 
        advisory programs;
            (11) implement a basic and applied research program to 
        further the purposes of this Act; and
            (12) coordinate and prioritize food safety research and 
        educational programs with other agencies, including State or 
        local agencies.

SEC. 202. REGISTRATION OF FOOD FACILITIES.

    (a) In General.--The Administrator shall require that all food and 
feed facilities register before the facility can operate in the United 
States or import food, feed, or ingredients into the United States.
    (b) Registration Requirements.--
            (1) In general.--To be registered under subsection (a)--
                    (A) all food facilities covered under this Act 
                shall comply with registration requirements in section 
                415 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 350d);
                    (B) for food facilities that have not registered 
                under such section 415 prior to the date of enactment 
                of this Act, the requirement in subparagraph (A) 
                applies beginning on the day that is 180 days after the 
                date of enactment of this Act; and
                    (C) for food facilities that have registered under 
                such section 415 prior to the date of enactment of this 
                Act, such facilities shall file an amended registration 
                within 180 days of such date of enactment to deliver 
                the information required by paragraph (2).
            (2) Categories.--In addition to the information required 
        under section 415 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 350d) to be included in registration, a food 
        facility shall--
                    (A) list the facility's primary purpose and 
                business activity, including the dates of operation if 
                the food facility is operating seasonally; and
                    (B) list the types of food handled at the facility 
                and identify the activities conducted in the facility, 
                that are relevant to determining whether the facility 
                is a category 1, 2, 3, 4, or 5 facility.
            (3) Procedure.--Upon receipt of a completed or amended 
        registration described in paragraph (1), the Administrator 
        shall notify the registrant of the receipt of the registration, 
        review the activities identified in the registration, designate 
        the facility as a category 1, 2, 3, 4, or 5 food facility for 
        the purposes of inspection, and assign a registration number to 
        each food facility.
            (4) List.--The Administrator--
                    (A) shall compile and maintain an up-to-date list 
                of food facilities that are registered under this 
                section, in accordance with section 415(a)(5) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                350d(a)(5)); and
                    (B) may establish regulations on how the list may 
                be shared with other governmental authorities.

SEC. 203. PREVENTIVE PROCESS CONTROLS TO REDUCE ADULTERATION OF FOOD.

    (a) In General.--The Administrator shall review existing 
regulations on hazard analysis and process controls and amend existing 
regulations as appropriate, upon the basis of best available public 
health, scientific, and technological information, to ensure that those 
regulations are working effectively to--
            (1) ensure food facilities operate in a sanitary manner so 
        that food is not adulterated;
            (2) limit the presence of contaminants in food;
            (3) meet the performance standards established under 
        section 204;
            (4) ensure fully processed or ready-to-eat foods are 
        processed using reasonably available techniques and 
        technologies to eliminate contaminants;
            (5) label food intended for final processing outside 
        commercial food facilities with instructions for handling and 
        preparation for consumption that will destroy contaminants;
            (6) require sampling and testing at a frequency and in a 
        manner sufficient to ensure that process controls are effective 
        on an ongoing basis and that performance standards are being 
        met; and
            (7) provide for agency access to records kept by food 
        facilities and submission of copies of the records to the 
        Administrator, as the Administrator determines appropriate.
    (b) Processing Controls.--The Administrator may require any person 
with responsibility for or control over food or food ingredients to 
adopt process controls, if the process controls are needed to ensure 
the protection of the public health.

SEC. 204. PERFORMANCE STANDARDS FOR CONTAMINANTS IN FOOD.

    (a) Performance Standards.--Whenever the Administrator determines 
that a foodborne contaminant presents the risk of serious adverse 
health consequences or death to consumers, causes food to be 
adulterated, or could promote the spread of communicable disease 
described in section 361 of the Public Health Service Act (42 U.S.C. 
264), the Administrator shall issue a performance standard (in the form 
of guidance, action levels, or regulations) to prevent or control the 
contaminant.
    (b) Enforcement.--
            (1) In general.--Not later than 1 year after the 
        promulgation of a performance standard under this section, the 
        Administrator shall implement a statistically significant 
        sampling program to determine whether food facilities are 
        complying with the standards promulgated under this section.
            (2) Actions.--If the Administrator determines that a food 
        facility fails to meet a standard promulgated under this 
        section, and such facility fails to take appropriate corrective 
        action as determined by the Administrator, the Administrator 
        shall, as appropriate--
                    (A) detain, seize, or condemn food from the food 
                facility under section 209(i);
                    (B) order a recall of food from the food facility 
                under section 402;
                    (C) increase the inspection frequency for the food 
                facility;
                    (D) withdraw the mark of inspection from the food 
                facility, if in use; or
                    (E) take other appropriate enforcement action 
                concerning the food facility, including suspension of 
                registration.
    (c) Newly Identified Contaminants.--Notwithstanding any other 
provision of this section, the Administrator shall promulgate interim 
performance standards for newly identified contaminants as necessary to 
protect the public health.
    (d) Revocation by Administrator.--All performance standards, 
tolerances, action levels, or other similar standards with respect to 
food in effect on the date of enactment of this Act shall remain in 
effect until revised or revoked by the Administrator.

SEC. 205. INSPECTIONS OF FOOD FACILITIES.

    (a) In General.--The Administrator shall establish an inspection 
program, which shall include sampling and testing of food and food 
facilities, to determine if each food facility--
            (1) is operating in a sanitary manner;
            (2) has continuous systems, interventions, and processes in 
        place to minimize or eliminate contaminants in food;
            (3) uses validated process controls and ongoing 
        verification;
            (4) is in compliance with applicable performance standards 
        established under section 204, process control regulations, and 
        other requirements;
            (5) is processing food that is safe and not adulterated or 
        misbranded;
            (6) maintains records of process control plans under 
        section 203, and other records related to the processing, 
        sampling, and handling of food; and
            (7) is in compliance with the requirements of the 
        applicable food safety law.
    (b) Facility Categories and Inspection Frequencies.--Inspections of 
food facilities under this Act shall be based on the following 
categories and inspection frequencies, subject to subsections (c), (d), 
and (e):
            (1) Category 1 food facilities.--A category 1 food facility 
        shall be subject to antemortem, postmortem, and continuous 
        inspection of each slaughter line during all operating hours, 
        and other inspection on a daily basis, sufficient to verify 
        that--
                    (A) diseased animals are not offered for slaughter;
                    (B) the food facility has successfully identified 
                and removed from the slaughter line visibly defective 
                or contaminated carcasses, has avoided cross-
                contamination, and has destroyed or reprocessed 
                contaminated carcasses in a manner acceptable to the 
                Administrator; and
                    (C) applicable performance standards and other 
                provisions of the food safety law, including those 
                intended to eliminate or reduce pathogens, have been 
                satisfied.
            (2) Category 2 food facilities.--A category 2 food facility 
        shall be randomly inspected at least daily.
            (3) Category 3 food facilities.--A category 3 food facility 
        shall--
                    (A) provide documentation to the Administrator on 
                request that ongoing verification shows that its 
                processes are controlled; and
                    (B) be randomly inspected at least monthly.
            (4) Category 4 food facilities.--A category 4 food facility 
        shall be randomly inspected at least quarterly.
            (5) Category 5 food facilities.--A category 5 food facility 
        shall be randomly inspected at least annually.
    (c) Establishment of Inspection Procedures.--The Administrator 
shall establish procedures under which inspectors or safety officers 
inspect food facilities, which shall allow the taking of random 
samples, photographs, and copies of records in food facilities.
    (d) Alternative Inspection Frequencies.--
            (1) In general.--With respect to a category 2, 3, 4, or 5 
        food facility, to foster a risk-based allocation of resources, 
        the Administrator may establish, in accordance with this 
        subsection, alternative increased or decreased inspection 
        frequencies for--
                    (A) 1 or more subcategories of food facilities 
                under paragraph (2); and
                    (B) 1 or more specific food facilities under 
                paragraph (3).
            (2) Determination of subcategories and frequencies.--
                    (A) In general.--The Administrator shall define, by 
                regulation, each subcategory of food facilities 
                established under paragraph (1)(A) and the alternative 
                inspection frequency of that subcategory.
                    (B) Considerations.--In defining a subcategory of 
                food facilities and the alternative inspection 
                frequency of that subcategory under subparagraph (A), 
                the Administrator shall consider--
                            (i) the nature of the foods being 
                        processed, stored, or transported;
                            (ii) the manner in which foods are 
                        processed, stored, or transported;
                            (iii) the inherent likelihood that the 
                        foods will contribute to the risk of foodborne 
                        illness;
                            (iv) the best available evidence concerning 
                        reported illnesses associated with the foods 
                        produced in the proposed subcategory of 
                        facilities; and
                            (v) the overall record of compliance with 
                        the food safety law among facilities in the 
                        proposed subcategory, including compliance with 
                        applicable performance standards and the 
                        frequency of recalls.
            (3) Specific facilities.--
                    (A) In general.--The Administrator--
                            (i) may establish an alternative inspection 
                        frequency for increased or decreased inspection 
                        for a specific food facility; and
                            (ii) shall annually publish a list of food 
                        facilities subject to alternative inspection 
                        frequencies under clause (i).
                    (B) Considerations.--In establishing an alternative 
                inspection frequency for a specific food facility, the 
                Administrator shall consider--
                            (i) the supporting evidence that the 
                        specific food facility shall submit to the 
                        Administrator relating to whether an 
                        alternative inspection frequency should be 
                        established for that facility by the 
                        Administrator;
                            (ii) whether products from the specific 
                        food facility have been associated with a case 
                        or an outbreak of foodborne illness;
                            (iii) the record of the facility of 
                        compliance with the food safety law, including 
                        compliance with applicable performance 
                        standards and the frequency of recalls; and
                            (iv) the considerations described in 
                        clauses (i) through (iii) of paragraph (2)(B).
            (4) Frequency requirements for categories 2, 3, and 4.--An 
        alternative inspection frequency for a subcategory of food 
        facilities or a specific food facility under this subsection 
        shall be--
                    (A) in the case of a category 2 food facility, not 
                less frequently than monthly; and
                    (B) in the case of a category 3 or 4 food facility, 
                not less frequently than annually.
            (5) Requirements for decreased frequencies.--Before issuing 
        a regulation or order establishing a decreased alternative 
        inspection frequency for a subcategory of food facilities or an 
        individual food facility under this subsection, the 
        Administrator shall--
                    (A) describe, in general terms, the alternative 
                uses of resources of the Administration that would have 
                been required to carry out the inspection activity; and
                    (B) determine, based on the best available 
                evidence, that the alternative uses of the resources 
                would make a greater contribution to protecting the 
                public health and reducing the risk of foodborne 
                illness.
    (e) Inspection Transition.--The Administrator shall manage the 
transition to the inspection system described in this Act as follows:
            (1) Regulations.--The Administrator shall promulgate 
        regulations to implement this section no later than 24 months 
        after the date of enactment of this Act.
            (2) Limit on reduction in inspection frequency.--For any 
        food facility, the Administrator shall not reduce the 
        inspection frequency from the frequency required pursuant to 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.) until the food facility has demonstrated that sufficient 
        changes in facilities, procedures, personnel, or other aspects 
        of the process control system have been made such that the 
        Administrator determines that compliance with the food safety 
        law is achieved.
    (f) Official Mark.--
            (1) In general.--
                    (A) Establishment.--Before the completion of the 
                transition process under subsection (e), the 
                Administrator shall by regulation establish an official 
                mark that can be affixed to a food produced in a 
                category 1, 2, or 3 food facility if--
                            (i) the facility is in compliance with the 
                        food safety law; and
                            (ii) has been inspected in accordance with 
                        the inspection frequencies under this section.
                    (B) Removal of official mark.--The Administrator 
                shall promulgate regulations that provide for the 
                removal of the official mark under this subsection if--
                            (i) the Administrator makes a finding that 
                        the facility is not in compliance with the food 
                        safety law; or
                            (ii) the Administrator suspends the 
                        registration of the facility.
            (2) Category 1, 2, or 3 food facilities.--In the case of 
        products manufactured, slaughtered, processed, or held in a 
        category 1, 2, or 3 food facility--
                    (A) products subject to the Federal Meat Inspection 
                Act (21 U.S.C. 601 et seq.), the Poultry Products 
                Inspection Act (21 U.S.C. 451 et seq.), the Egg 
                Products Inspection Act (21 U.S.C. 1031 et seq.), and 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
                et seq.) as of the date of enactment of this Act shall 
                remain subject to the requirement under those Acts that 
                they bear the mark of inspection pending completion of 
                the transition process under subsection (e);
                    (B) the Administrator shall publicly certify on a 
                monthly basis that the inspection frequencies required 
                under this section have been achieved; and
                    (C) a product from a facility that has not been 
                inspected in accordance with the required frequencies 
                under this section shall not bear the official mark and 
                shall not be shipped in interstate commerce.
            (3) Category 4 and 5 food facilities.--In the case of a 
        product manufactured, slaughtered, processed, or held in a 
        category 4 or 5 food facility, the Administrator shall provide 
        by regulation for the voluntary use of the official mark 
        established under paragraph (1), subject to--
                    (A) such minimum inspection frequencies as 
                determined appropriate by the Administrator;
                    (B) compliance with applicable performance 
                standards and other provisions of the food safety law; 
                and
                    (C) such other requirements as the Administrator 
                considers appropriate.
    (g) Maintenance and Inspection of Records.--
            (1) In general.--
                    (A) Records.--A food facility shall--
                            (i) maintain such records as the 
                        Administrator requires by regulation, including 
                        all records relating to the processing, 
                        distributing, receipt, or importation of any 
                        food; and
                            (ii) permit the Administrator, in addition 
                        to any authority of the food safety agencies in 
                        effect on the day before the date of enactment 
                        of this Act, upon presentation of appropriate 
                        credentials and at reasonable times and in a 
                        reasonable manner, to have access to and copy 
                        all records maintained by or on behalf of such 
                        food facility representative in any format 
                        (including paper or electronic) and at any 
                        location, that are necessary to assist the 
                        Administrator to determine whether the food is 
                        contaminated or not in compliance with the food 
                        safety law.
                    (B) Required disclosure.--A food facility shall 
                have an affirmative obligation to disclose to the 
                Administrator the results of testing or sampling of 
                food, equipment, or material in contact with food that 
                is positive for any contaminant.
            (2) Maintenance of records.--The records required by 
        paragraph (1) shall be maintained for a reasonable period of 
        time, as determined by the Administrator.
            (3) Requirements.--The records required by paragraph (1) 
        shall include records describing--
                    (A) the origin, receipt, delivery, sale, movement, 
                holding, and disposition of food or ingredients;
                    (B) the identity and quantity of ingredients used 
                in the food;
                    (C) the processing of the food;
                    (D) the results of laboratory, sanitation, or other 
                tests performed on the food or in the food facility;
                    (E) consumer complaints concerning the food or 
                packaging of the food;
                    (F) the production codes, open date codes, and 
                locations of food production; and
                    (G) other matters reasonably related to whether 
                food is unsafe, is adulterated or misbranded, or 
                otherwise fails to meet the requirements of this Act.
    (h) Protection of Sensitive Information.--
            (1) In general.--The Administrator shall develop and 
        maintain procedures to prevent the unauthorized disclosure of 
        any trade secret or confidential information obtained by the 
        Administrator.
            (2) Limitation.--The requirement under this subsection does 
        not--
                    (A) limit the authority of the Administrator to 
                inspect or copy records or to require the facility or 
                maintenance of records under this Act;
                    (B) have any legal effect on section 1905 of title 
                18, United States Code;
                    (C) extend to any food recipe, financial data, 
                pricing data, personnel data, or sales data (other than 
                shipment dates relating to sales);
                    (D) limit the public disclosure of distribution 
                records or other records related to food subject to a 
                voluntary or mandatory recall under section 402; or
                    (E) limit the authority of the Administrator to 
                promulgate regulations to permit the sharing of data 
                with other governmental authorities.
    (i) Bribery of or Gifts to Inspector or Other Officers and 
Acceptance of Gifts.--Section 22 of the Federal Meat Inspection Act (21 
U.S.C. 622) shall apply under this Act.

SEC. 206. FOOD PRODUCTION ESTABLISHMENTS.

    In carrying out the duties of the Administrator and the purposes of 
this Act, the Administrator shall have the authority, with respect to 
food production establishments, to--
            (1) visit and inspect food production establishments in the 
        United States and in foreign countries for food safety 
        purposes;
            (2) review food safety records as needed to carry out 
        traceback and for other food safety purposes;
            (3) set good practice standards to protect the public and 
        promote food safety;
            (4) partner with appropriate agencies to monitor animals, 
        plants, products, or the environment, as appropriate; and
            (5) collect and maintain information relevant to public 
        health and farm practices.

SEC. 207. FEDERAL AND STATE COOPERATION.

    (a) In General.--The Administrator shall work with the States to 
carry out activities and programs that create a national food safety 
program so that Federal and State programs function in a coordinated 
and cost-effective manner.
    (b) State Action.--The Administrator shall work with States to--
            (1) continue, strengthen, or establish State food safety 
        programs, especially with respect to the regulation of retail 
        commercial food establishments, transportation, harvesting, and 
        fresh markets;
            (2) continue, strengthen, or establish inspection programs 
        and requirements to ensure that food under the jurisdiction of 
        the State is safe; and
            (3) support recall authorities at the State and local 
        levels.
    (c) Assistance.--To assist in planning, developing, and 
implementing a food safety program, the Administrator may provide to a 
State--
            (1) advisory assistance;
            (2) technical and laboratory assistance and training 
        (including necessary materials and equipment); and
            (3) financial assistance, in kind assistance, and other 
        aid.
    (d) Service Agreements.--
            (1) In general.--The Administrator may, under agreements 
        entered into with Federal, State, or local agencies, use on a 
        reimbursable basis or otherwise the personnel and services of 
        those agencies in carrying out this Act.
            (2) Training.--Agreements with a State under this 
        subsection may provide for training of State employees.
            (3) Maintenance of agreements.--The Administrator shall 
        maintain any agreement that is in effect on the day before the 
        date of enactment of this Act until the Administrator evaluates 
        such agreement and determines whether to maintain or substitute 
        such agreement.
    (e) Audits.--
            (1) In general.--The Administrator shall annually conduct a 
        comprehensive review of each State program that provides 
        services to the Administrator in carrying out the 
        responsibilities under this Act, including mandated inspections 
        under section 205.
            (2) Requirements.--The review shall--
                    (A) include a determination of the effectiveness of 
                the State program; and
                    (B) identify any changes necessary to ensure 
                enforcement of Federal requirements under this Act.
    (f) No Federal Preemption.--Nothing in this Act shall be construed 
to preempt the enforcement of State food safety laws and standards that 
are at least as stringent as those under this Act.

SEC. 208. FOREIGN SUPPLIER VERIFICATION PROGRAM.

    (a) In General.--The Administrator shall require that each importer 
of products from a feed facility, food facility, or food producer 
establishment be in compliance with the foreign supplier verification 
program requirements under section 805 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 384a).
    (b) Rule of Construction.--In applying subsection (a) with respect 
to products subject to the Federal Meat Inspection Act (21 U.S.C. 601 
et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), 
or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.), references 
in section 805 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
384a) to sections 402, 403(w), 418, and 419 of such Act (21 U.S.C. 342, 
343(w), 350g, and 350h) shall be construed to be references to the 
corresponding provisions of the food safety law, if any, that apply to 
such products, as determined by the Administrator.
    (c) Repeal of Exemptions.--Section 805 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 384a) is amended--
            (1) in subsection (a)(1), by striking ``subsections (e) and 
        (f)'' and inserting ``subsection (e)'';
            (2) by striking subsection (e); and
            (3) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.

SEC. 209. IMPORTS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall establish a system under which a 
foreign government seeking to certify food for importation into the 
United States shall submit a request for accreditation to the 
Administrator.
    (b) Accreditation Standard.--A foreign government requesting to be 
accredited to certify food for importation into the United States shall 
demonstrate, in a manner determined appropriate by the Administrator, 
that the foreign government (or an agency thereof) is capable of 
adequately ensuring that eligible entities or foods certified by such 
government (or agency) meet the requirements of the food safety law.
    (c) Request by Foreign Government.--Prior to granting accreditation 
to a foreign government under this section, the Administrator shall 
review and audit the food safety program of the requesting foreign 
government and certify that such program (including all statutes, 
regulations, and inspection authority) meets the standard specified in 
subsection (b).
    (d) Limitations.--Any accreditation of a foreign government under 
this section shall--
            (1) specify the foods covered by the accreditation; and
            (2) be limited to a period not to exceed 5 years.
    (e) Withdrawal of Accreditation.--The Administrator may withdraw 
accreditation fully or partially from a foreign government if the 
Administrator finds that--
            (1) food covered by the accreditation is linked to an 
        outbreak of human illness;
            (2) the programs or procedures of the foreign government no 
        longer meet the standards of the food safety programs and 
        procedures of the United States; or
            (3) the foreign government refuses to allow United States 
        officials to conduct such audits and investigations as may be 
        necessary to fulfill the requirements under this section.
    (f) Renewal of Accreditation.--The Administrator shall audit 
foreign governments accredited under this section at least every 5 
years to ensure the continued compliance by such governments with the 
standard set forth in subsection (b).
    (g) Required Routine Inspection.--The Administrator shall routinely 
inspect food or food animals by physical examination before the food or 
food animals enter the United States to ensure that the food or food 
animals--
            (1) are safe;
            (2) are labeled as required for food produced in the United 
        States; and
            (3) otherwise meet the requirements of the food safety law.
    (h) Enforcement.--The Administrator may--
            (1) deny importation of food from any country if the 
        country's government does not permit United States officials to 
        enter the country to conduct such audits and inspections as may 
        be necessary to fulfill the requirements under this section;
            (2) deny importation of food from any country or foreign 
        facility that does not consent to an investigation by the 
        Administrator when food from that country or foreign facility 
        is linked to a foodborne illness outbreak or is otherwise found 
        to be adulterated or mislabeled; and
            (3) promulgate regulations to carry out the purposes of 
        this section, including setting terms and conditions for the 
        destruction of products that fail to meet the standards of the 
        food safety law.
    (i) Detention and Seizure.--Any food imported for consumption in 
the United States that fails to meet the standards of the food safety 
law may be detained, seized, or condemned.

SEC. 210. TRACEBACK.

    (a) In General.--The Administrator, in order to protect the public 
health, shall establish requirements for a national system for tracing 
food, animals, or ingredients from point of origin to retail sale, 
subject to subsection (b).
    (b) Applicability.--Traceability requirements shall--
            (1) be established in accordance with regulations and 
        guidelines issued by the Administrator; and
            (2) apply to food production establishments and food 
        facilities.

SEC. 211. FOOD SAFETY TECHNOLOGY.

    (a) In General.--The Administrator shall establish and implement a 
program, to be known as the Food Safety Technology Program, to foster 
innovation in food technologies and foods that have the potential to 
improve food safety at the point of production, processing, transport, 
storage, or final preparation.
    (b) Program Described.--The program under this section shall 
consist of technical guidance to and consultation with technology 
developers to assist them in meeting requirements for approval of 
technologies and products described in subsection (a).

                   TITLE III--RESEARCH AND EDUCATION

SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM.

    (a) In General.--The Administrator, acting in coordination with the 
Director of the Centers for Disease Control and Prevention and the 
Deputy Under Secretary of Agriculture for Research, Education, and 
Economics, shall--
            (1) have access to the applicable data systems of the 
        Centers for Disease Control and Prevention and to the databases 
        made available by a State;
            (2) partner with relevant agencies to maintain or access an 
        active surveillance system of food and epidemiological evidence 
        submitted by States to the Centers for Disease Control and 
        Prevention based on a representative proportion of the 
        population of the United States;
            (3) assess the frequency and sources of human illness in 
        the United States associated with the consumption of food;
            (4) partner with relevant agencies to maintain or access a 
        state-of-the-art partial or full genome sequencing system and 
        epidemiological system dedicated to foodborne illness 
        identification, outbreaks, and containment; and
            (5) have access to the surveillance data created via 
        monitoring and statistical studies conducted as part of its own 
        inspection.
    (b) Public Health Sampling.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish 
        guidelines for a sampling system under which the Administrator 
        shall take and analyze samples of food--
                    (A) to assist the Administrator in carrying out 
                this Act; and
                    (B) to assess the nature, frequency of occurrence, 
                and quantities of contaminants in food.
            (2) Requirements.--The sampling system described in 
        paragraph (1) shall provide--
                    (A) statistically valid monitoring, including 
                market-based studies, on the nature, frequency of 
                occurrence, and quantities of contaminants in food 
                available to consumers; and
                    (B) at the request of the Administrator, such other 
                information, including analysis of monitoring and 
                verification samples, as the Administrator determines 
                may be useful in assessing the occurrence of 
                contaminants in food.
    (c) Assessment of Health Hazards.--Through the surveillance system 
referred to in subsection (a), the sampling system described in 
subsection (b), and other available data, the Administrator shall--
            (1) rank food categories based on the hazard to human 
        health presented by the food category;
            (2) identify appropriate industry and regulatory approaches 
        to minimize hazards in the food supply; and
            (3) assess the public health environment for emerging 
        diseases, including zoonosis, for their risk of appearance in 
        the United States food supply.

SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM.

    (a) Public Education.--The Administrator shall--
            (1) in cooperation with private and public organizations, 
        including the cooperative extension services and building on 
        the efforts of appropriate State and local entities, establish 
        a national public education program on food safety; and
            (2) coordinate with other Federal departments and agencies 
        to integrate food safety messaging into all food-related 
        agricultural, nutrition, and health promotion programs.
    (b) Health Advisories.--The Administrator, in consultation with 
such other Federal departments and agencies as the Administrator 
determines necessary, shall work with the States and other appropriate 
entities--
            (1) to develop and distribute regional and national 
        advisories concerning food safety;
            (2) to develop standardized formats for written and 
        broadcast advisories;
            (3) to incorporate State and local advisories into the 
        national public education program established under subsection 
        (a); and
            (4) to present prompt, specific information regarding foods 
        found to pose a threat to the public health.

SEC. 303. RESEARCH.

    (a) In General.--The Administrator shall conduct research to carry 
out this Act, including studies to--
            (1) improve sanitation and food safety practices in the 
        processing of food;
            (2) develop improved techniques to monitor and inspect 
        food;
            (3) develop efficient, rapid, and sensitive methods to 
        detect contaminants in food;
            (4) determine the sources of contamination of contaminated 
        food;
            (5) develop food consumption data;
            (6) identify ways that animal production techniques could 
        improve the safety of the food supply;
            (7) draw upon research and educational programs that exist 
        at the State and local level;
            (8) determine the food safety education needs of vulnerable 
        populations, including children less than 10 years of age, 
        pregnant women, adults 65 years of age and older, and 
        individuals with compromised immune systems;
            (9) utilize the partial or full genome sequencing system 
        and other processes to identify and control pathogens;
            (10) address common and emerging zoonotic diseases;
            (11) develop methods to reduce or destroy harmful pathogens 
        before, during, and after processing;
            (12) analyze the incidence of antibiotic resistance as it 
        pertains to the food supply and develop new methods to reduce 
        infection by antibiotic resistant bacteria in humans and 
        animals; and
            (13) conduct other research that supports the purposes of 
        this Act.
    (b) Contract Authority.--The Administrator may enter into contracts 
and agreements with any State, institution of higher education, Federal 
Government agency, or person to carry out this section.

                         TITLE IV--ENFORCEMENT

SEC. 401. PROHIBITED ACTS.

    It shall be unlawful--
            (1) for a person--
                    (A) to manufacture, introduce, deliver for 
                introduction, or receive into interstate commerce any 
                food that is adulterated, misbranded, or otherwise 
                unsafe;
                    (B) to adulterate or misbrand any food in 
                interstate commerce;
                    (C) to refuse to permit access to a food facility 
                for the inspection and copying of a record as required 
                under section 205(g);
                    (D) to fail to establish or maintain any record or 
                to make any report as required under section 205(g);
                    (E) to refuse to permit entry to or inspection of a 
                food facility as required under section 205;
                    (F) to fail to provide to the Administrator the 
                results of a testing or sampling of a food, equipment, 
                or material in contact with contaminated food under 
                section 205(g)(1)(B);
                    (G) to fail to comply with an applicable provision 
                of, or a regulation or order of the Administrator 
                under, section 202, 204, or 208;
                    (H) to slaughter an animal that is capable for use 
                in whole or in part as human food at a food facility 
                processing any such food for commerce, except in 
                compliance with the food safety law;
                    (I) to fail to comply with a recall or other order 
                under section 402; or
                    (J) to otherwise violate the food safety law; and
            (2) for a food facility or foreign food facility to fail to 
        register under section 202, or to operate without a valid 
        registration.

SEC. 402. MANDATORY RECALL AUTHORITY.

    (a) Voluntary Procedures.--If the Administrator determines that 
there is a reasonable probability that an article of food (other than 
infant formula) is adulterated or misbranded and the use of or exposure 
to such article will cause serious adverse health consequences or death 
to humans or animals, the Administrator shall provide to the owner, 
operator, or agent in charge of the facility that created, caused, or 
was otherwise responsible for that article of food an opportunity to 
cease distribution and recall that article of food in a manner and 
within a time period determined by the Administrator.
    (b) Prehearing Order To Cease Distribution and Give Notice.--
            (1) In general.--If the owner, operator, or agent in charge 
        of a facility refuses to, or does not voluntarily, cease 
        distribution or recall an article of food in the manner and 
        within the time period determined by the Administrator under 
        subsection (a), the Administrator may by order require, as the 
        Administrator determines to be necessary--
                    (A) that owner, operator, or agent--
                            (i) to immediately cease distribution of 
                        that article of food; and
                            (ii) as applicable, to immediately notify 
                        all persons manufacturing, processing, packing, 
                        transporting, distributing, receiving, holding, 
                        or importing and selling that article of food; 
                        and
                    (B) any person to which that article of food has 
                been distributed, transported, or sold, to immediately 
                cease distribution of that article of food.
            (2) Required additional information.--
                    (A) In general.--If an article of food covered by a 
                recall order issued under paragraph (1) has been 
                distributed to a warehouse-based, third-party logistics 
                provider without providing such provider sufficient 
                information to know or reasonably determine the precise 
                identity of the article of food covered by a recall 
                order that is in its possession, the notice provided by 
                the owner, operator, or agent of a facility under 
                paragraph (1)(A)(ii) shall include such information as 
                is necessary for the warehouse-based, third-party 
                logistics provider to identify the article of food.
                    (B) Rules of construction.--Nothing in this 
                paragraph shall be construed--
                            (i) to exempt a warehouse-based, third-
                        party logistics provider from the requirements 
                        of food safety law; or
                            (ii) to exempt a warehouse-based, third-
                        party logistics provider from being the subject 
                        of a mandatory recall order.
            (3) Determination to limit areas affected.--If the 
        Administrator requires an owner, operator, or agent in charge 
        of the facility to cease distribution under paragraph (1)(A)(i) 
        of an article of food identified under subsection (a), the 
        Administrator may limit the size of the geographic area and the 
        markets affected by such cessation if such limitation would not 
        compromise the public health.
    (c) Hearing on Order.--The Administrator shall provide the owner, 
operator, or agent in charge of the facility subject to an order under 
subsection (b) with an opportunity for an informal hearing, to be held 
as soon as possible, but not later than 2 days after the issuance of 
the order, on the actions required by the order and on why the article 
that is the subject of the order should not be recalled.
    (d) Post-Hearing Recall Order and Modification of Order.--
            (1) Amendment of order.--If, after providing opportunity 
        for an informal hearing under subsection (c), the Administrator 
        determines that removal of the applicable article of food from 
        commerce is necessary, the Administrator shall, as 
        appropriate--
                    (A) amend the order to require recall of such 
                article or other appropriate action;
                    (B) specify a timetable in which the recall shall 
                occur;
                    (C) require periodic reports to the Administrator 
                describing the progress of the recall; and
                    (D) provide notice to consumers to whom such 
                article was, or may have been, distributed.
            (2) Vacating of order.--If, after an informal hearing under 
        subsection (c), the Administrator determines that adequate 
        grounds do not exist to continue the actions required by the 
        applicable order, or that such actions should be modified, the 
        Administrator shall vacate the order or modify the order, as 
        appropriate.
    (e) Rule Regarding Alcoholic Beverages.--The Administrator shall 
not initiate a mandatory recall or take any other action under this 
section with respect to any alcohol beverage until the Administrator 
has provided the Administrator of the Alcohol and Tobacco Tax and Trade 
Bureau with a reasonable opportunity to cease distribution and recall 
the alcohol beverage under the authority of the Administrator of the 
Alcohol and Tobacco Tax and Trade Bureau.
    (f) Cooperation and Consultation.--The Administrator shall work 
with State and local public health officials in carrying out this 
section, as appropriate.
    (g) Public Notification.--In conducting a recall under this 
section, the Administrator shall--
            (1) ensure that a press release is published regarding the 
        recall, as well as alerts and public notices, as appropriate, 
        in order to provide notification--
                    (A) of the recall to consumers and retailers to 
                whom the applicable article of food was, or may have 
                been, distributed; and
                    (B) that includes, at a minimum--
                            (i) the name of the article of food subject 
                        to the recall;
                            (ii) a description of the risk associated 
                        with such article; and
                            (iii) to the extent practicable, 
                        information for consumers about similar 
                        articles of food that are not affected by the 
                        recall;
            (2) provide to the public a list of retail consignees 
        receiving products for which there is determined to be a 
        reasonable probability that eating the food will cause serious 
        adverse health consequences or death to humans or animals; and
            (3) if available, publish on the internet website of the 
        Administration an image of the article that is the subject of 
        the press release described in paragraph (1).
    (h) No Delegation.--The authority conferred by this section to 
order a recall or vacate a recall order shall not be delegated to any 
officer or employee other than the Administrator.
    (i) Effect.--Nothing in this section shall affect the authority of 
the Administrator to request or participate in a voluntary recall, or 
to issue an order to cease distribution or to recall under any other 
provision of the food safety law or under the Public Health Service Act 
(42 U.S.C. 201 et seq.).
    (j) Coordinated Communication.--
            (1) In general.--To assist in carrying out the requirements 
        of this subsection, the Administrator shall establish an 
        incident command operation or a similar operation that will 
        operate not later than 24 hours after the initiation of a 
        mandatory recall or the recall of an article of food for which 
        the use of, or exposure to, such article will cause serious 
        adverse health consequences or death to humans or animals.
            (2) Requirements.--To reduce the potential for 
        miscommunication during recalls or regarding investigations of 
        a foodborne illness outbreak associated with a food that is 
        subject to a recall, each incident command operation or similar 
        operation under paragraph (1) shall use regular staff and 
        resources of the Administration to--
                    (A) ensure timely and coordinated communication 
                within the Administration, including enhanced 
                communication and coordination between different 
                agencies and organizations within the Administration;
                    (B) ensure timely and coordinated communication 
                from the Administration, including public statements, 
                throughout the duration of the investigation and 
                related foodborne illness outbreak;
                    (C) identify a single point of contact within the 
                Administration for public inquiries regarding any 
                actions by the Administrator related to a recall;
                    (D) coordinate with Federal, State, local, and 
                Tribal authorities, as appropriate, that have 
                responsibilities related to the recall of a food or a 
                foodborne illness outbreak associated with a food that 
                is subject to the recall, including notification of the 
                Secretary of Agriculture and the Secretary of Education 
                in the event such recalled food is a commodity intended 
                for use in a child nutrition program (as defined in 
                section 25(b) of the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1769f(b))); and
                    (E) conclude operations at such time as the 
                Administrator determines appropriate.
            (3) Multiple recalls.--The Administrator may establish 
        multiple or concurrent incident command operations or similar 
        operations in the event of multiple recalls or foodborne 
        illness outbreaks.
            (4) Fees applicable to all facilities.--Fees described in 
        section 743 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 379j-31) for not complying with a recall order are 
        applicable to all food facilities under this Act as if--
                    (A) the term ``responsible party'' means ``owner, 
                operator, or agent in charge of the facility''; and
                    (B) references to section 423 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 350l) are references 
                to section 402 of this Act.

SEC. 403. INJUNCTION PROCEEDINGS.

    (a) Jurisdiction.--The district courts of the United States, and 
the United States courts of the territories and possessions of the 
United States, shall have jurisdiction, for cause shown, to restrain a 
violation of section 202, 203, 204, 207, or 401 (or a regulation 
promulgated under that section).
    (b) Trial.--In a case in which violation of an injunction or 
restraining order issued under this section also constitutes a 
violation of the food safety law, trial shall be by the court or, upon 
demand of the accused, by a jury.

SEC. 404. CIVIL AND CRIMINAL PENALTIES.

    (a) Civil Sanctions.--
            (1) Civil penalty.--
                    (A) In general.--Any person that violates section 
                401 may be assessed a civil penalty by the 
                Administrator of not more than $250,000 for each 
                violation.
                    (B) Separate offense.--Each violation described in 
                subparagraph (A) and each day during which that 
                violation continues shall be considered a separate 
                offense.
            (2) Other requirements.--
                    (A) Written order.--The civil penalty described in 
                paragraph (1) shall be assessed by the Administrator by 
                a written order, which shall specify the amount of the 
                penalty and the basis for the penalty under 
                subparagraph (B) considered by the Administrator.
                    (B) Amount of penalty.--Subject to paragraph 
                (1)(A), the amount of the civil penalty shall be 
                determined by the Administrator, after considering--
                            (i) the gravity of the violation;
                            (ii) the degree of culpability of the 
                        person;
                            (iii) the size and type of the business of 
                        the person; and
                            (iv) any history of prior offenses by the 
                        person under the food safety law.
                    (C) Review of order.--A written order under 
                subparagraph (A) may be reviewed only in accordance 
                with subsection (c).
    (b) Criminal Sanctions.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a person that violates subparagraph (A) or (B) of section 
        401(1) shall be imprisoned for not more than 1 year, fined not 
        more than $10,000, or both.
            (2) Severe violations.--A person that commits a violation 
        described in paragraph (1) after a conviction of that person 
        under this section has become final, or commits such a 
        violation with the intent to defraud or mislead, shall be 
        imprisoned for not more than 3 years, fined not more than 
        $100,000, or both.
            (3) Exception.--No person shall be subject to the penalties 
        of this subsection--
                    (A) for having received, proffered, or delivered in 
                interstate commerce any food, if the receipt, proffer, 
                or delivery was made in good faith, unless that person 
                refuses to furnish (on request of an officer or 
                employee designated by the Administrator)--
                            (i) the name, address, and contact 
                        information of the person from whom that person 
                        purchased or received the food;
                            (ii) copies of all documents relating to 
                        the person from whom that person purchased or 
                        received the food; and
                            (iii) copies of all documents pertaining to 
                        the delivery of the food to that person; or
                    (B) if that person establishes a guaranty signed 
                by, and containing the name and address of, the person 
                from whom that person received in good faith the food, 
                stating that the food is not adulterated or misbranded 
                within the meaning of this Act.
    (c) Judicial Review.--
            (1) In general.--An order assessing a civil penalty under 
        subsection (a) shall be a final order unless the person--
                    (A) not later than 30 days after the effective date 
                of the order, files a petition for judicial review of 
                the order in--
                            (i) the court of appeals of the United 
                        States for the judicial circuit in which that 
                        person resides or has its principal place of 
                        business; or
                            (ii) the United States Court of Appeals for 
                        the District of Columbia Circuit; and
                    (B) simultaneously serves a copy of the petition by 
                certified mail to the Administrator.
            (2) Filing of record.--Not later than 45 days after the 
        service of a copy of the petition under paragraph (1)(B), the 
        Administrator shall file in the court a certified copy of the 
        administrative record upon which the order was issued.
            (3) Standard of review.--The findings of the Administrator 
        relating to the order shall be set aside only if found to be 
        unsupported by substantial evidence on the record as a whole.
    (d) Collection Actions for Failure To Pay.--
            (1) In general.--If any person fails to pay a civil penalty 
        assessed under subsection (a) after the order assessing the 
        penalty has become a final order, or after the court of appeals 
        described in subsection (c) has entered final judgment in favor 
        of the Administrator, the Administrator shall refer the matter 
        to the Attorney General, who shall institute in a district 
        court of the United States of competent jurisdiction a civil 
        action to recover the amount assessed.
            (2) Limitation on review.--In a civil action under 
        paragraph (1), the validity and appropriateness of the order of 
        the Administrator assessing the civil penalty shall not be 
        subject to judicial review.
    (e) Penalties Paid Into Account.--The Administrator--
            (1) shall deposit penalties collected under this section in 
        an account in the Treasury; and
            (2) may use the funds in the account, without further 
        appropriation or fiscal year limitation--
                    (A) to carry out enforcement activities under food 
                safety law; or
                    (B) to provide assistance to States to inspect 
                retail commercial food establishments or other food or 
                firms under the jurisdiction of State food safety 
                programs.
    (f) Discretion of the Administrator To Prosecute.--Nothing in this 
Act requires the Administrator to report for prosecution, or for the 
commencement of an action, the violation of the food safety law in a 
case in which the Administrator finds that the public interest will be 
adequately served by the assessment of a civil penalty under this 
section.
    (g) Remedies Not Exclusive.--The remedies provided in this section 
may be in addition to, and not exclusive of, other remedies that may be 
available.

SEC. 405. PRESUMPTION.

    In any action to enforce the requirements of the food safety law, 
the connection with interstate commerce required for jurisdiction shall 
be presumed to exist.

SEC. 406. WHISTLEBLOWER PROTECTION.

    Section 1013 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
399d) shall apply with respect to any violation of, or any act or 
omission an employee reasonably believes to be a violation of, any 
provision of this Act to the same extent and in the same manner as that 
section applies with respect to a violation of, or any act or omission 
an employee reasonably believes to be a violation of, any provision of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

SEC. 407. ADMINISTRATION AND ENFORCEMENT.

    (a) In General.--For the efficient administration and enforcement 
of the food safety law, the provisions (including provisions relating 
to penalties) of sections 6, 8, 9, and 10 of the Federal Trade 
Commission Act (15 U.S.C. 46, 48, 49, and 50) (except subsections (c) 
through (h) of section 6 of that Act (15 U.S.C. 46)), relating to the 
jurisdiction, powers, and duties of the Federal Trade Commission and 
the Attorney General to administer and enforce that Act, and to the 
rights and duties of persons with respect to whom the powers are 
exercised, shall apply to the jurisdiction, powers, and duties of the 
Administrator and the Attorney General in administering and enforcing 
the provisions of the food safety law and to the rights and duties of 
persons with respect to whom the powers are exercised, respectively.
    (b) Inquiries and Actions.--
            (1) In general.--The Administrator, in person or by such 
        agents as the Administrator may designate, may prosecute any 
        inquiry necessary to carry out the duties of the Administrator 
        under the food safety law in any part of the United States.
            (2) Powers.--The powers conferred by sections 9 and 10 of 
        the Federal Trade Commission Act (15 U.S.C. 49, 50) on the 
        United States district courts may be exercised for the purposes 
        of this chapter by any district court of the United States of 
        competent jurisdiction.

SEC. 408. CITIZEN CIVIL ACTIONS.

    (a) Civil Actions.--A person may commence a civil action against--
            (1) a person that violates a regulation (including a 
        regulation establishing a performance standard), order, or 
        other action of the Administrator to ensure the safety of food; 
        or
            (2) the Administrator (in his or her capacity as the 
        Administrator), if the Administrator fails to perform an act or 
        duty to ensure the safety of food that is not discretionary 
        under the food safety law.
    (b) Court.--
            (1) In general.--The action shall be commenced in the 
        district court of the United States for the judicial district 
        in which the defendant resides, is found, or has an agent.
            (2) Jurisdiction.--The court described in paragraph (1) 
        shall have jurisdiction, without regard to the amount in 
        controversy or the citizenship of the parties, to enforce a 
        regulation (including a regulation establishing a performance 
        standard), order, or other action of the Administrator, or to 
        order the Administrator to perform the act or duty.
            (3) Damages.--The court described in paragraph (1) may--
                    (A) award damages, in the amount of damages 
                actually sustained; and
                    (B) if the court determines it to be in the 
                interest of justice, award the plaintiff the costs of 
                suit, including reasonable attorney's fees, reasonable 
                expert witness fees, and penalties.
    (c) Remedies Not Exclusive.--The remedies provided for in this 
section shall be in addition to, and not exclusive of, other remedies 
that may be available.

                        TITLE V--IMPLEMENTATION

SEC. 501. DEFINITION.

    In this title, the term ``transition period'' means the 12-month 
period beginning on the date of enactment of this Act.

SEC. 502. REORGANIZATION PLAN.

    (a) Submission of Plan.--Not later than 180 days after the date of 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a reorganization plan regarding the following:
            (1) The transfer of agencies, personnel, assets, and 
        obligations to the Administration pursuant to this Act.
            (2) Any consolidation, reorganization, or streamlining of 
        agencies transferred to the Administration pursuant to this 
        Act.
    (b) Plan Elements.--The plan transmitted under subsection (a) shall 
contain, consistent with this Act, such elements as the President 
determines appropriate, including the following:
            (1) Identification of any functions of agencies designated 
        to be transferred to the Administration pursuant to this Act 
        that will not be transferred to the Administration under the 
        plan.
            (2) Specification of the steps to be taken by the 
        Administrator to organize the Administration, including the 
        delegation or assignment of functions transferred to the 
        Administration among the officers of the Administration in 
        order to permit the Administration to carry out the functions 
        transferred under the plan.
            (3) Specification of the funds available to each agency 
        that will be transferred to the Administration as a result of 
        transfers under the plan.
            (4) Specification of the proposed allocations within the 
        Administration of unexpended funds transferred in connection 
        with transfers under the plan.
            (5) Specification of any proposed disposition of property, 
        facilities, contracts, records, and other assets and 
        obligations of agencies transferred under the plan.
            (6) Specification of the proposed allocations within the 
        Administration of the functions of the agencies and 
        subdivisions that are not related directly to ensuring the 
        safety of food.
    (c) Modification of Plan.--The President may, on the basis of 
consultations with the appropriate congressional committees, modify or 
revise any part of the plan until that part of the plan becomes 
effective in accordance with subsection (d).
    (d) Effective Date.--
            (1) In general.--The reorganization plan described in this 
        section, including any modifications or revisions of the plan 
        under subsection (c), shall become effective for an agency on 
        the earlier of--
                    (A) the date specified in the plan (or the plan as 
                modified pursuant to subsection (c)), except that such 
                date may not be earlier than 90 days after the date the 
                President has transmitted the reorganization plan to 
                the appropriate congressional committees pursuant to 
                subsection (a); or
                    (B) the end of the transition period.
            (2) Statutory construction.--Nothing in this subsection may 
        be construed to require the transfer of functions, personnel, 
        records, balances of appropriations, or other assets of an 
        agency on a single date.
            (3) Supercedes existing law.--Paragraph (1) shall apply 
        notwithstanding section 905(b) of title 5, United States Code.

SEC. 503. TRANSITIONAL AUTHORITIES.

    (a) Provision of Assistance by Officials.--Until the transfer of an 
agency to the Administration, any official having authority over or 
function relating to the agency on the day before the date of enactment 
of this Act shall provide the Administrator such assistance, including 
the use of personnel and assets, as the Administrator may request in 
preparing for the transfer and integration of the agency to the 
Administration.
    (b) Services and Personnel.--During the transition period, upon the 
request of the Administrator, the head of any Executive agency may, on 
a reimbursable basis, provide services or detail personnel to assist 
with the transition.
    (c) Acting Officials.--
            (1) In general.--During the transition period, pending the 
        advice and consent of the Senate to the appointment of an 
        officer required by this Act to be appointed by and with such 
        advice and consent, the President may designate any officer 
        whose appointment was required to be made by and with such 
        advice and consent and who was such an officer on the day 
        before the date of enactment of this Act (and who continues to 
        be in office) or immediately before such designation, to act in 
        such office until the same is filled as provided in this Act.
            (2) Compensation.--While acting pursuant to paragraph (1), 
        such officers shall receive compensation at the higher of--
                    (A) the rates provided by this Act for the 
                respective offices in which they act; or
                    (B) the rates provided for the offices held at the 
                time of designation.
            (3) Limitation.--Nothing in this Act shall be construed to 
        require the advice and consent of the Senate to the appointment 
        by the President to a position in the Administration of any 
        officer whose agency is transferred to the Administration 
        pursuant to this Act and whose duties following such transfer 
        are germane to those performed before such transfer.
    (d) Transfer of Personnel, Assets, Obligations, and Function.--
            (1) In general.--Consistent with section 1531 of title 31, 
        United States Code, the personnel, assets, liabilities, 
        contracts, property, records, and unexpended balances of 
        appropriations, authorizations, allocations, and other funds 
        that relate to the functions transferred under subsection (a) 
        from a Federal agency shall be transferred to the 
        Administration.
            (2) Unexpended funds.--Unexpended funds transferred under 
        this subsection shall be used by the Administration only for 
        the purposes for which the funds were originally authorized and 
        appropriated.

SEC. 504. SAVINGS PROVISIONS.

    (a) Completed Administrative Actions.--The enactment of this Act or 
the transfer of functions under this Act shall not affect any order, 
determination, rule, regulation, permit, personnel action, agreement, 
grant, contract, certificate, license, registration, privilege, or 
other administrative action issued, made, granted, or otherwise in 
effect or final with respect to that agency on the day before the 
transfer date with respect to the transferred functions.
    (b) Pending Proceedings.--Subject to the authority of the 
Administrator under this Act--
            (1) pending proceedings in an agency, including notices of 
        proposed rulemaking, and applications for licenses, permits, 
        certificates, grants, and financial assistance, shall continue 
        notwithstanding the enactment of this Act or the transfer of 
        the agency to the Administration, unless discontinued or 
        modified under the same terms and conditions and to the same 
        extent that such discontinuance could have occurred if such 
        enactment or transfer had not occurred; and
            (2) orders issued in such proceedings, and appeals from 
        those orders, and payments made pursuant to such orders, shall 
        be issued in the same manner on the same terms as if this Act 
        had not been enacted or the agency had not been transferred, 
        and any such order shall continue in effect until amended, 
        modified, superceded, terminated, set aside, or revoked by an 
        officer of the United States or a court of competent 
        jurisdiction, or by operation of law.
    (c) Pending Civil Actions.--Subject to the authority of the 
Administrator under this Act, any civil action commenced with regard to 
that agency pending before that agency on the day before the transfer 
date with respect to the transferred functions shall continue 
notwithstanding the enactment of this Act or the transfer of an agency 
to the Administration.
    (d) References.--
            (1) In general.--After the transfer of functions from a 
        Federal agency under this Act, any reference in any other 
        Federal law, Executive order, rule, regulation, directive, 
        document, or other material to that Federal agency or the head 
        of that agency in connection with the administration or 
        enforcement of the food safety laws shall be deemed to be a 
        reference to the Administration or the Administrator, 
        respectively.
            (2) Statutory reporting requirements.--Statutory reporting 
        requirements that applied in relation to such an agency on the 
        day before the date of enactment of this Act shall continue to 
        apply following such transfer if the reporting requirements 
        refer to the agency by name.

SEC. 505. CONFORMING AMENDMENTS.

    Section 5313 of title 5, United States Code, is amended by adding 
at the end the following new item:
    ``Administrator of Food Safety.''.

SEC. 506. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.

    Not later than 60 days after the submission of the reorganization 
plan under section 502, the President shall prepare and submit proposed 
legislation to Congress containing necessary and appropriate technical 
and conforming amendments to any food safety law to reflect the changes 
made by this Act.

SEC. 507. REGULATIONS.

    The Administrator may promulgate such regulations as the 
Administrator determines are necessary or appropriate to perform the 
duties of the Administrator.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

SEC. 509. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.

    For the fiscal year that includes the date of enactment of this 
Act, the amount authorized to be appropriated to carry out this Act 
shall not exceed--
            (1) the amount appropriated for that fiscal year for the 
        Federal agencies identified in section 102(b) for the purpose 
        of administering or enforcing the food safety law; or
            (2) the amount appropriated for those agencies for that 
        purpose for the preceding fiscal year, if, as of the date of 
        enactment of this Act, appropriations for those agencies for 
        the fiscal year that includes that date of enactment have not 
        yet been made.
                                 <all>