"(1) geographic diversity; and (a) In General.--Section 417 (21 U.S.C. "(1) In general.--The Secretary, pursuant to a contract or memorandum of understanding between the Secretary and the head of a State, local, territorial, or tribal department or agency, is authorized and encouraged to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this Act through the officers and employees of such State, local, territorial, or tribal department or agency. "(2) Inspections.-- "(2) Investigation.-- "(4) build the infrastructure and capacity of the food safety programs of such eligible entity to meet the standards as outlined in the grant application; and. "(6) Failure to comply with order.--Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. [34], The Frozen Kung Pao-style dishes have ingredients such as chicken, red pepper spice and peanut products which are foods that are involved in outbreaks, for this reason they are in the pilot project. Just consider one of the many devastating outbreaks born of neglectful food handling practices in recent years. (1) shall include an increase of 150 employees by fiscal year 2011 to-- (2) Exception.--Notwithstanding paragraph (1), the Secretary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guidelines as a condition of the receipt of a grant under subsection (c). Sec. "(2) Public meetings.--The Secretary shall conduct not fewer than 3 public meetings in diverse geographical areas of the United States as part of an effort to conduct education and outreach regarding the guidance described in paragraph (1) for persons in different regions who are involved in the production and harvesting of fruits and vegetables that are raw agricultural commodities, including persons that sell directly to consumers and farmer representatives, and for importers of fruits and vegetables that are raw agricultural commodities. ADMINISTRATIVE DETENTION OF FOOD. (B) 4,200 staff members in fiscal year 2012; Sec. "(A) if the Secretary determines, based on evidence presented, that the third-party auditor satisfies the requirements of this section and adequate grounds for revocation no longer exist; and "(D) Whether the food manufactured, processed, packed, or held at the facility meets the criteria for priority under section 801(h)(1). (c) > Effective Date.--The amendment made by this section shall take effect 180 days after the date of enactment of this Act. (G) The estimated resources needed to effectively implement the programs and practices identified in the report developed in this section over a 5-year period. "(ii) not less often than once every 5 years thereafter. (1) Recommendations for bilateral and multilateral arrangements and agreements, including provisions to provide for responsibility of exporting countries to ensure the safety of food. (a) Definitions.--In this section: The Secretary may require a reanalysis under this section to respond to new hazards and developments in scientific understanding, including, as appropriate, results from the Department of Homeland Security biological, chemical, radiological, or other terrorism risk assessment. 399) is amended to read as follows: (a) In General.--Section 801(a) (21 U.S.C. "(B) a recall of food under this Act. "PART 6--FEES RELATED TO FOOD ); "(C) providing targeted recall information given to customers upon purchase of a food; and (VI) listing the signs and symptoms of a reaction; and 308. (5) Limitation on grant funding.--The Secretary may not provide grant funding to a local educational agency under this subsection after such local educational agency has received 2 years of grant funding under this subsection. (I) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable; Such report may include documentation that the eligible entity is in compliance with any applicable registration requirements. 3961] list of all accredited third-party auditors accredited by such body and the audit agents of such auditors. "(A) of the recall to consumers and retailers to whom such article was, or may have been, distributed; and (B) in clause (i) by striking "exported drug" and inserting "exported food, drug"; and (ii) such administration is not prohibited by State law. (3) Authorization of appropriations.--To carry out the activities described in paragraph (1), there is authorized to be appropriated $24,000,000 for each fiscal years 2011 through 2015. "(2) Rights of employees.--Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. "(g) Regional Balance.--In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure-- In defining such terms, the Secretary shall include consideration of harvestable acres, income, the number of employees, and the volume of food harvested. (d) Prohibited Acts.--Section 301 (21 U.S.C. Smuggled food. (d) Information Technology.--The report developed under subsection (a)(1) shall include a description of such information technology systems as may be needed to identify risks and receive data from multiple sources, including foreign governments, State, local, and tribal governments, other Federal agencies, the food industry, laboratories, laboratory networks, and consumers. ); (II) the term "commingled raw agricultural commodity" shall not include types of fruits and vegetables that are raw agricultural commodities for which the Secretary has determined that standards promulgated under section 419 of the Federal Food, Drug, and Cosmetic Act (as added by section 105) would minimize the risk of serious adverse health consequences or death; and "(A) the date on which the Secretary issues regulations under paragraph (5); or [10], Effective June 12, 2011, many food companies will be required to develop food safety plans based on an evaluation of hazards related to food manufactured, processed, packed or held in all registered facilities. (i) > Effective Dates.-- "(ii) the certification would assist the Secretary in determining whether to refuse or admit the article of food under subsection (a); and. (B) to evaluate the progress made by Federal, State, local, and tribal governments towards the achievement of each goal described in paragraph (2). "(A) be a State health department; (ii) the labeling of the food includes the name, complete address (street address, town, State, country, and zip or other postal code), and business phone number of the farm, unless the Secretary waives the requirement to include a business phone number of the farm, as appropriate, in order to accommodate a religious belief of the individual in charge of such farm. "(f) Cooperation and Consultation.--The Secretary shall work with State and local public health officials in carrying out this section, as appropriate. FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. "(2) Requirements.--To reduce the potential for miscommunication during recalls or regarding investigations of a food borne 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 Department of Health and Human Services to-- "(B) shall promptly revoke the recognition of any accreditation body found not to be in compliance with the requirements of this section, specifying, as appropriate, any terms and conditions necessary for laboratories accredited by such body to continue to perform testing as described in this section. 393) is amended by adding at the end the following: (i) the food is produced on a farm; and "(5) training in administrative process and procedure and integrity issues; IMPROVING THE REPORTABLE FOOD REGISTRY. (2) Content.--The Secretary shall conduct 1 or more pilot projects under paragraph (1) in coordination with the processed food sector and 1 or more such pilot projects in coordination with processors or distributors of fruits and vegetables that are raw agricultural commodities. Food Safety Modernization Act (FSMA) The FDA Food Safety Modernization Act (FSMA) was signed into law by President Obama on January 4th, 2011. Such fees are authorized to remain available until expended. The FDA Food Safety Modernization Act (FSMA) is the most comprehensive reform of our federal food safety laws in over 70 years. "(5) Consultative audit.--The term `consultative audit' means an audit of an eligible entity-- "(C) require periodic reports to the Secretary describing the progress of the recall; and"(D) provide notice to consumers to whom such article was, or may have been, distributed. (d) Small Entity Compliance Policy Guide. (E) other relevant national strategies. (b) Notification to Homeland Security. National agriculture and food defense strategy.Sec. "(2) Multistate partnerships.--Grants under this section may be made for projects involving more than 1 State. 402. Sec. (2) Field staff for food defense.--The goal under paragraph ); 201. "(A) In general.--Notwithstanding any other 301. (c) Rule of Construction.--Except as provided in subsections (a) and (b), this section shall not be construed to exempt any food, other than alcoholic beverages, as defined in section 214 of the Federal Alcohol Administration Act (27 U.S.C. The Secretary shall make operating this program revenue-neutral and shall not generate surplus revenue from such a reimbursement mechanism. Such certification or assurances may be provided in the form of shipment-specific certificates, a listing of certified facilities that manufacture, process, pack, or hold such food, or in such other form as the Secretary may specify. "(iii) Violation standard.--The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. 333(f)(2)(A)) is amended by inserting "or any person who does not comply with a recall order under section 423" after "section 402(a)(2)(B)". TITLE III--IMPROVING THE SAFETY OF IMPORTED FOODSec. (2) provides a means by which an individual may locate relevant information regarding each article of food subject to a recall under section 423 of the Federal Food, Drug, and [Page 124 STAT. "(A) cooperative arrangements for examining and testing seafood imports that leverage the resources, capabilities, and authorities of each party to the agreement; Hazard analysis and risk-based preventive controls.Sec. Sec. 350b) is amended-- "(1) a description of the article of food as provided in subsection (e)(3); "(iii) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney's fees. > --The Secretary shall provide the responsible party 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, [Page 124 STAT. > --Not later than 180 days after the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall publish in the Federal Register a proposed set of guidelines in consideration of the burden of fee amounts on small business. "(i) In general.--An accredited third party auditor may not perform a regulatory audit of an eligible entity if such agent has performed a consultative audit or a regulatory audit of such eligible entity during the previous 13-month period. "(1) In general.--A farm shall be exempt from the requirements under this section in a calendar year if-- [3][4] 31 pathogens are notorious for causing foodborne illness. > Not later than 30 days after the date of notification of findings under this paragraph, the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. SEC. (D) ensure that the public health benefits of imposing additional recordkeeping requirements outweigh the cost of compliance with such requirements; "(B) The Juice Hazard Analysis Critical Control Points Program of the Food and Drug Administration. Protection against intentional adulteration. (E) be scale-appropriate and practicable for facilities of varying sizes and capabilities with respect to costs and recordkeeping burdens, and not require the creation and maintenance of duplicate records where the information is contained in other company records kept in the normal course of business; (F) minimize the number of different recordkeeping requirements for facilities that handle more than 1 type of food; Voluntary qualified importer program. Systèmes de vision In-Sight® Caméras intelligentes de qualité industrielle, faciles à utiliser et dotées de la technologie de vision industrielle avancée. (i) working with the private sector to develop business recovery plans to rapidly resume agriculture, food production, and international trade; Registration is accepted by fax, mail and electronics means on the FDA food facility registration website. "(C) acknowledge differences in risk and minimize, as appropriate, the number of separate standards that apply to separate foods; and 331), as amended by section 211, is amended by adding at the end the following: "(zz) The importation or offering for importation of a food if the importer (as defined in section 805) does not have in place [Page 124 STAT. (a) In General. (K) Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs. > --Not later than year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall-- "(b) Regulations. In 2015, the … The bill also requires food importers to verify that they meet US food safety standards. "(1) by an employee or agent of an eligible entity to an accredited third-party auditor or audit agent; or "(B) on behalf of an owner or consignee-- "(1) The Seafood Hazard Analysis Critical Control Points Program of the Food and Drug Administration. "(i) the identity of the persons at the audited eligible entity responsible for compliance with food safety requirements; "(1) In general. The Secretary shall review such requests in a reasonable timeframe. "(E) A recall plan. (c) Table of Contents.--The table of contents for this Act is as follows: TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMSSec. (B) the number of responsible parties, as defined in section 417 of the Federal Food, Drug, and Cosmetic Act, formally given the opportunity to cease distribution of an article of food and recall such article, as described in section 423(a) of such Act; [34] Tomatoes both sliced and whole was chosen because of the significant number of outbreaks recorded; it mirrors a multifaceted food supply chain and it was recognized by majority of the food industry associations as the number one food product to be used in the pilot program. (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (C) a State prekindergarten program that serves children from birth through kindergarten. (iv) decontaminating and restoring areas affected by an agriculture or food emergency. "(ii) not less often than once every 3 years thereafter. (I) include a process by which the Secretary may issue a waiver ofthe requirements under this subsection if the Secretary determines that such requirements would result in an economic hardship for an individual facility or a type of facility; > --The owner, operator, or agent in charge of a facility shall maintain, for not less than 2 years, records documenting the monitoring of the preventive controls implemented under subsection (c), instances of nonconformance material to food safety, the results of testing and other appropriate means of verification under subsection (f)(4), instances when corrective actions were implemented, and the efficacy of preventive controls and corrective actions. Oversee how foods are produced and how they are maintained in food.! Classified as a `` very small business. K ) other elements the Secretary determines appropriate to better protect Health. Is similar to the Safety of the law also provides FDA with authority. 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