Fda, Food Safety Modernization

H. R. 2751

One Hundred Eleventh Congress of the United States of America
AT THE SECO D SESSIO
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten

an act
To amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply. Be it enacted by the Senate and House of Representatives of the United States of America inCongress assembled,

SECTIO 1. SHORT TITLE; REFERE CES; TABLE OF CO TE TS.

(a) S HORT TITLE .—This Act may be cited as the “FDA Food Safety Modernization Act”. (b) R EFERENCES .—Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision ofthe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

(c) T ABLE OF follows:

CONTENTS .—The

table of contents for this Act is as

Sec. 1. Short title; references; table of contents. TITLE I—IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS Sec. 101. Inspections of records. Sec. 102. Registration of food facilities. Sec. 103. Hazard analysis and risk-based preventivecontrols. Sec. 104. Performance standards. Sec. 105. Standards for produce safety. Sec. 106. Protection against intentional adulteration. Sec. 107. Authority to collect fees. Sec. 108. National agriculture and food defense strategy. Sec. 109. Food and Agriculture Coordinating Councils. Sec. 110. Building domestic capacity. Sec. 111. Sanitary transportation of food. Sec. 112. Food allergy and anaphylaxismanagement. Sec. 113. New dietary ingredients. Sec. 114. Requirement for guidance relating to post harvest processing of raw oysters. Sec. 115. Port shopping. Sec. 116. Alcohol-related facilities. TITLE II—IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS Sec. 201. Targeting of inspection resources for domestic facilities, foreign facilities, and ports of entry; annual report. Sec.202. Laboratory accreditation for analyses of foods. Sec. 203. Integrated consortium of laboratory networks. Sec. 204. Enhancing tracking and tracing of food and recordkeeping. Sec. 205. Surveillance. Sec. 206. Mandatory recall authority. Sec. 207. Administrative detention of food. Sec. 208. Decontamination and disposal standards and plans. Sec. 209. Improving the training of State, local,territorial, and tribal food safety officials. Sec. 210. Enhancing food safety. Sec. 211. Improving the reportable food registry. TITLE III—IMPROVING THE SAFETY OF IMPORTED FOOD Sec. 301. Foreign supplier verification program. Sec. 302. Voluntary qualified importer program. Sec. 303. Authority to require import certifications for food. Sec. 304. Prior notice of imported food shipments.

Sec. 305.Building capacity of foreign governments with respect to food safety. Sec. 306. Inspection of foreign food facilities. Sec. 307. Accreditation of third-party auditors. Sec. 308. Foreign offices of the Food and Drug Administration. Sec. 309. Smuggled food. TITLE IV—MISCELLANEOUS PROVISIONS Sec. 401. Funding for food safety. Sec. 402. Employee protections. Sec. 403. Jurisdiction; authorities. Sec. 404.Compliance with international agreements. Sec. 405. Determination of budgetary effects.

TITLE I—IMPROVI G CAPACITY TO PREVE T FOOD SAFETY PROBLEMS

SEC. 101. I SPECTIO S OF RECORDS.

(a) I N GENERAL .—Section 414(a) (21 U.S.C. 350c(a)) is amended— (1) by striking the heading and all that follows through “of food is” and inserting the following: “R ECORDS INSPECTION .— “(1) ADULTERATEDFOOD.—If the Secretary has a reasonable belief that an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, is”; (2) by inserting “, and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner,” after “relating to such article”; (3) by striking the last sentence; and...