[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 729

   To establish the Food Safety Administration to protect the public 
 health by preventing food-borne illness, ensuring the safety of food, 
 improving research on contaminants leading to food-borne illness, and 
  improving security of food from intentional contamination, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

  Mr. Durbin 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 food-borne illness, ensuring the safety of food, 
 improving research on contaminants leading to food-borne illness, 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 
2005''.
    (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 establishments and foreign food 
                            establishments.
Sec. 203. Preventative process controls to reduce adulteration of food.
Sec. 204. Performance standards for contaminants in food.
Sec. 205. Inspections of food establishments.
Sec. 206. Food production facilities.
Sec. 207. Federal and State cooperation.
Sec. 208. Imports.
Sec. 209. Resource plan.
Sec. 210. Traceback.
                   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. Food detention, seizure, and condemnation.
Sec. 403. Notification and recall.
Sec. 404. Injunction proceedings.
Sec. 405. Civil and criminal penalties.
Sec. 406. Presumption.
Sec. 407. Whistleblower protection.
Sec. 408. Administration and enforcement.
Sec. 409. 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. 510. Effective date.

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, system-wide approach to preventing food-borne 
        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 food-
                borne illnesses, including infants and children;
                    (C) an increasing volume of imported food, without 
                adequate monitoring and inspection; and
                    (D) 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 food-borne illness;
            (6) the Federal food safety system is fragmented, with at 
        least 12 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 food-borne illness;
            (7) the fragmented Federal food safety system and outdated 
        laws preclude an integrated, system-wide approach to preventing 
        food-borne 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 labeling to strengthen 
                the protection of the public health;
                    (B) ensure that food establishments 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, system-wide approach to 
                food safety and to make more effective and efficient 
                use of resources to prevent food-borne 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, in 
                cooperation with academic institutions and other 
                scientific entities of the Federal and State 
                governments, to achieve the continuous improvement of 
                research on food-borne 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 effective date 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 described in subsections (a) through (c) of 
                section 402 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 342).
                    (B) Inclusion.--The term ``adulterated'' includes 
                bearing or containing a contaminant that causes illness 
                or death among sensitive populations.
            (4) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (5) Category 1 food establishment.--The term ``category 1 
        food establishment'' means a food establishment that slaughters 
        animals for food.
            (6) Category 2 food establishment.--The term ``category 2 
        food establishment'' means a food establishment that processes 
        raw meat, poultry, seafood products, regardless of whether the 
        establishment also has a kill step, and animal feed and other 
        products that the Administrator determines by regulation to be 
        at high risk of contamination and the processes of which do not 
        include a step validated to destroy contaminants.
            (7) Category 3 food establishment.--The term ``category 3 
        food establishment'' means a food establishment that processes 
        meat, poultry, seafood products, and other products that the 
        Administrator determines by regulation to be at high risk of 
        contamination and whose processes include a step validated to 
        destroy contaminants.
            (8) Category 4 food establishment.--The term ``category 4 
        food establishment'' means a food establishment that processes 
        all other categories of food products not described in 
        paragraphs (5) through (7).
            (9) Category 5 food establishment.--The term ``category 5 
        food establishment'' means a food establishment that stores, 
        holds, or transports food products prior to delivery for retail 
        sale.
            (10) Contaminant.--The term ``contaminant'' includes a 
        bacterium, chemical, natural or manufactured toxin, virus, 
        parasite, prion, physical hazard, or other human pathogen that 
        when found on or in food can cause human illness, injury, or 
        death.
            (11) Contamination.--The term ``contamination'' refers to a 
        presence of a contaminant in food.
            (12) 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 food that is 
                made in whole or in part from any animal, including 
                cattle, sheep, swine, or goat, or poultry (as defined 
                in section 4 of the Poultry Products Inspection Act (21 
                U.S.C. 453)), and animal feed.
                    (C) Exclusion.--The term ``food'' does not include 
                dietary supplements, as defined in section 201(ff) of 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                321(ff)).
            (13) Food establishment.--
                    (A) In general.--The term ``food establishment'' 
                means a slaughterhouse, factory, warehouse, or facility 
                owned or operated by a person located in any State that 
                processes food or a facility that holds, stores, or 
                transports food or food ingredients.
                    (B) Exclusions.--For the purposes of registration, 
                the term ``food establishment'' does not include a 
                farm, restaurant, other retail food establishment, 
                nonprofit food establishment in which food is prepared 
                for or served directly to the consumer, or fishing 
                vessel (other than a fishing vessel engaged in 
                processing, as that term is defined in section 123.3 of 
                title 21, Code of Federal Regulations).
            (14) Food production facility.--The term ``food production 
        facility'' means any farm, ranch, orchard, vineyard, 
        aquaculture facility, or confined animal-feeding operation.
            (15) 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 Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.);
                    (F) the Sanitary Food Transportation Act of 1990 
                (49 U.S.C. App. 2801 et seq.);
                    (G) the provisions of the Humane Methods of 
                Slaughter Act of 1978 (Public Law 95-448) administered 
                by the Food Safety and Inspection Service;
                    (H) the provisions of this Act; and
                    (I) 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.
            (16) Foreign food establishment.--The term ``foreign food 
        establishment'' means a slaughterhouse, factory, warehouse, or 
        facility located outside the United States that processes food 
        for consumption that is imported into the United States or food 
        ingredients.
            (17) Interstate commerce.--The term ``interstate commerce'' 
        has the meaning given that 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 that term in section 403 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 343).
            (19) Process.--The term ``process'' or ``processing'' means 
        the commercial harvesting, 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 
        obtaining of evidence that the food hygiene control measure or 
        measures selected to control a hazard in food is capable of 
        effectively and consistently controlling the hazard.
            (23) Statistically valid.--With respect to a study, 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, 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 possible benefit in reducing food-
                borne illness;
                    (E) coordination of the Federal response to food-
                borne 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 effective date 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 establishments and 
        imports;
            (5) the resources and facilities of the Office of the 
        Commissioner of the Food and Drug Administration that support--
                    (A) the Center for Food Safety and Applied 
                Nutrition;
                    (B) the Center for Veterinary Medicine; and
                    (C) the Office of Regulatory Affairs facilities and 
                resources described in paragraph (4);
            (6) the Center for Veterinary Medicine of the Food and Drug 
        Administration;
            (7) the resources and facilities of the Environmental 
        Protection Agency that control and regulate pesticide residues 
        in food;
            (8) the part of the Research, Education, and Economics 
        mission area of the Department of Agriculture related to food 
        safety and animal feed research;
            (9) 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;
            (10) the Animal and Plant Inspection Health Service of the 
        Department of Agriculture; and
            (11) 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 new 
        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 potential 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 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 establishments and foreign food 
        establishments and regular unannounced inspection of food 
        establishments;
            (2) enforce the adoption of process controls in food 
        establishments, based on 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 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) have access to the surveillance data of the Centers for 
        Disease Control and Prevention, and other Federal Government 
        agencies, in order to implement a national surveillance system 
        to assess the health risks associated with the human 
        consumption of food or to create surveillance data and studies;
            (8) develop public education risk communication and 
        advisory programs;
            (9) implement a basic and applied research program to 
        further the purposes of this Act; and
            (10) coordinate and prioritize food safety research and 
        educational programs with other agencies, including State or 
        local agencies.

SEC. 202. REGISTRATION OF FOOD ESTABLISHMENTS AND FOREIGN FOOD 
              ESTABLISHMENTS.

    (a) In General.--The Administrator shall by regulation require that 
any food establishment or foreign food establishment engaged in 
processing food in the United States be registered with the 
Administrator.
    (b) Registration Requirements.--
            (1) In general.--To be registered under subsection (a)--
                    (A) in the case of a food establishment, the owner, 
                operator, or agent in charge of the food establishment 
                shall submit a registration to the Administrator; and
                    (B) in the case of a foreign food establishment, 
                the owner, operator, or agent in charge of the foreign 
                food establishment shall--
                            (i) submit a registration to the 
                        Administrator; and
                            (ii) provide the name, address, and 
                        emergency contact information of the United 
                        States agent for the foreign food 
                        establishment.
            (2) Registration.--A food establishment or foreign food 
        establishment shall submit a registration under paragraph (1) 
        to the Administrator that--
                    (A) identifies the name, address, and emergency 
                contact information of each food establishment or 
                foreign food establishment that the registrant operates 
                under this Act and all trade names under which the 
                registrant conducts business relating to food;
                    (B) lists the primary purpose and business activity 
                of each food establishment or foreign food 
                establishment, including the dates of operation if the 
                food establishment or foreign food establishment is 
                seasonal;
                    (C) lists the types of food processed or sold at 
                each food establishment or, for foreign food 
                establishments selling food for consumption in the 
                United States, identifies the specific food categories 
                of that food as listed under section 170.3 of title 21, 
                Code of Federal Regulations; and
                    (D) not later than 30 days after a change in the 
                products, function, or legal status of the food 
                establishment or foreign food establishment (including 
                cessation of business activities), notifies the 
                Administrator of the change.
            (3) Procedure.--Upon receipt of a completed registration 
        described in paragraph (1), the Administrator shall notify the 
        registrant of the receipt of the registration, designate each 
        establishment as a category 1, 2, 3, 4, or 5 food 
        establishment, and assign a registration number to each food 
        establishment and foreign food establishment.
            (4) List.--The Administrator shall compile and maintain an 
        up-to-date list of food establishments and foreign food 
        establishments that are registered under this section. The 
        Administrator may establish regulations by which such list may 
        be shared with other governmental authorities.
            (5) Disclosure exemption.--The disclosure requirements 
        under section 552 of title 5, United States Code, shall not 
        apply to--
                    (A) the list compiled under paragraph (4); and
                    (B) information derived from the list under 
                paragraph (4), to the extent that it discloses the 
                identity or location of a specific registered person.
            (6) Suspension of registration.--
                    (A) In general.--The Administrator may suspend the 
                registration of a food establishment or foreign food 
                establishment, including the facility of an importer, 
                for violation of a food safety law.
                    (B) Notice and opportunity for hearing.--The 
                Administrator shall provide notice to a registrant 
                immediately upon the suspension of the registration of 
                the facility and provide registrant with an opportunity 
                for a hearing within 3 days of the suspension.
            (7) Reinstatement.--A registration that is suspended under 
        this section may be reinstated pursuant to criteria published 
        in the Federal Register by the Administrator.

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

    (a) In General.--The Administrator shall, upon the basis of best 
available public health, scientific, and technological data, promulgate 
regulations to ensure that food establishments carry out their 
responsibilities to--
            (1) process food in a sanitary manner so that it is free of 
        dirt and filth;
            (2) limit the presence of potentially harmful contaminants 
        in food;
            (3) implement appropriate measures of preventative process 
        control to minimize and reduce the presence and growth of 
        contaminants in food and meet the performance standards 
        established under section 204;
            (4) process all fully processed or ready-to-eat food in a 
        sanitary manner, using reasonably available techniques and 
        technologies to eliminate any potentially harmful contaminants; 
        and
            (5) label food intended for final processing outside 
        commercial food establishments with instructions for handling 
        and preparation for consumption that will destroy contaminants.
    (b) Regulations.--Not later than 1 year after the effective date of 
this Act, the Administrator shall promulgate regulations that--
            (1) require all food establishments to adopt preventative 
        process controls that are--
                    (A) adequate to protect the public health;
                    (B) meet relevant regulatory and food safety 
                standards; and
                    (C) limit the presence and growth of contaminants 
                in food prepared in a food establishment;
            (2) set standards for sanitation;
            (3) meet any performance standards for contaminants 
        established under section 204;
            (4) require recordkeeping to monitor compliance;
            (5) 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 regulatory standards are being 
        met; and
            (6) provide for agency access to records kept by food 
        establishments and submission of copies of the records to the 
        Administrator, as the Administrator determines appropriate.
    (c) 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) In General.--To protect the public health, the Administrator 
shall establish by regulation and enforce performance standards that 
define, with respect to specific food-borne contaminants and foods, the 
level of food safety performance that a person responsible for 
producing, processing, or selling food shall meet.
    (b) Identification of Contaminants; Performance Standards.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall identify the 
        food-borne contaminants and food that contribute significantly 
        to the risk of food-borne illness.
            (2) Performance standards.--As soon as practicable after 
        the identification of the contaminants under paragraph (1), the 
        Administrator shall establish appropriate performance standards 
        to protect against all food-borne contaminants.
            (3) Significant contaminants.--The Administrator shall 
        establish performance standards for the 5 contaminants that 
        contribute to the greatest number of illnesses or deaths 
        associated with raw meat, poultry, and seafood not later than 3 
        years after the date of enactment of this Act. The 
        Administrator shall revise such standards not less often than 
        every 3 years.
    (c) Performance Standards.--
            (1) In general.--The performance standards established 
        under this section shall include--
                    (A) health-based standards that set the level of a 
                contaminant that can safely and lawfully be present in 
                food;
                    (B) zero tolerances, including zero tolerances for 
                fecal matter, in addition to any zero-tolerance 
                standards in effect on the day before the date of 
                enactment of this Act, when necessary to protect 
                against significant adverse health outcomes;
                    (C) process standards, such as log reduction 
                criteria for cooked products, when sufficient to ensure 
                the safety of processed food; and
                    (D) in the absence of data to support a performance 
                standard described in subparagraph (A), (B), or (C), 
                standards that define required performance in terms of 
                ``best reasonably achievable performance'', using best 
                available technologies, interventions, and practices.
            (2) Best reasonably achievable performance standards.--In 
        developing best reasonably achievable performance standards, 
        the Administrator shall collect, or contract for the collection 
        of, data on current best practices and food safety outcomes 
        related to the contaminants and foods in question, as the 
        Administrator determines necessary.
            (3) Revocation by administrator.--All performance 
        standards, tolerances, action levels, or other similar 
        standards in effect on the date of enactment of this Act shall 
        remain in effect until revised or revoked by the Administrator.
    (d) 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 establishments are 
        complying with the performance standards promulgated under this 
        section. The program established under this paragraph shall be 
        at least as stringent as the Hazard Analysis and Critical 
        Control Point System requirements established under part 417 of 
        title 9, Code of Federal Regulations (or successor regulation).
            (2) Inspections.--If the Administrator determines that a 
        food establishment fails to meet a standard promulgated under 
        this section, and such establishment 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 
                establishment under section 402;
                    (B) order a recall of food from the food 
                establishment under section 403;
                    (C) increase the inspection frequency for the food 
                establishment;
                    (D) withdraw the mark of inspection from the food 
                establishment, if in use; or
                    (E) take other appropriate enforcement action 
                concerning the food establishment, including withdrawal 
                of registration.
    (e) 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.

SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS.

    (a) In General.--The Administrator shall establish an inspection 
program, which shall include sampling and testing of food and food 
establishments, to determine if each food establishment--
            (1) is operating in a sanitary manner;
            (2) has continuous systems, interventions, and processes in 
        place to minimize or eliminate contaminants in food;
            (3) is in compliance with applicable performance standards 
        established under section 203, and other regulatory 
        requirements;
            (4) is processing food that is safe and not adulterated or 
        misbranded;
            (5) maintains records of process control plans under 
        section 203, and other records related to the processing, 
        sampling, and handling of food; and
            (6) is in compliance with the requirements of the food 
        safety law.
    (b) Establishment Categories and Inspection Frequencies.--The 
resource plan required under section 209, including the description of 
resources required to carry out inspections of food establishments, 
shall be based on the following categories and inspection frequencies, 
subject to subsections (c), (d), and (e):
            (1) Category 1 food establishments.--A category 1 food 
        establishment 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 establishment has successfully 
                identified and removed from the slaughter line visibly 
                defective or contaminated carcasses, has avoided cross-
                contamination, and destroyed or reprocessed them in a 
                manner acceptable to the Administrator; and
                    (C) that 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 establishments.--A category 2 food 
        establishment shall be randomly inspected at least daily.
            (3) Category 3 food establishments.--A category 3 food 
        establishment shall--
                    (A) have ongoing verification that its processes 
                are controlled; and
                    (B) be randomly inspected at least monthly.
            (4) Category 4 food establishments.--A category 4 food 
        establishment shall be randomly inspected at least quarterly.
            (5) Category 5 food establishments.--A category 5 food 
        establishment shall be randomly inspected at least annually.
    (c) Establishment of Inspection Procedures.--The Administrator 
shall establish procedures under which inspectors or safety officers 
shall take random samples, photographs, and copies of records in food 
establishments.
    (d) Alternative Inspection Frequencies.--With respect to a category 
2, 3, 4, or 5 food establishment, the Administrator may establish 
alternative increasing or decreasing inspection frequencies for 
subcategories of food establishments or individual establishments, to 
foster risk-based allocation of resources, subject to the following 
criteria and procedures:
            (1) Subcategories of food establishments and their 
        alternative inspection frequencies shall be defined by 
        regulation, subject to paragraphs (2) and (3).
            (2) Regulations of alternative inspection frequencies for 
        subcategories of food establishments under paragraph (1) and 
        for a specific food establishment under paragraph (4) shall 
        provide that--
                    (A) category 2 food establishments shall be 
                inspected at least monthly; and
                    (B) category 3, 4, and 5 food establishments shall 
                be inspected at least annually.
            (3) In defining subcategories of food establishments and 
        their alternative inspection frequencies under paragraphs (1) 
        and (2), the Administrator shall consider--
                    (A) the nature of the food products being 
                processed, stored, or transported;
                    (B) the manner in which food products are 
                processed, stored, or transported;
                    (C) the inherent likelihood that the products will 
                contribute to the risk of food-borne illness;
                    (D) the best available evidence concerning reported 
                illnesses associated with the foods produced in the 
                proposed subcategory of establishments; and
                    (E) the overall record of compliance with the food 
                safety law among establishments in the proposed 
                subcategory, including compliance with applicable 
                performance standards and the frequency of recalls.
            (4) The Administrator may adopt alternative inspection 
        frequencies for increased or decreased inspection for a 
        specific establishment, subject to paragraphs (2) and (5) and 
        shall periodically publish a list of establishments subject to 
        alternative inspections.
            (5) In adopting alternative inspection frequencies for a 
        specific establishment, the Administrator shall consider--
                    (A) the criteria in paragraph (3);
                    (B) whether products from the specific 
                establishment have been associated with a case or an 
                outbreak of food-borne illness; and
                    (C) the record of the establishment of compliance 
                with the food safety law, including compliance with 
                applicable performance standards and the frequency of 
                recalls.
            (6) Before establishing decreased alternative inspection 
        frequencies for subcategories of establishments or individual 
        establishments, the Administrator shall--
                    (A) determine, based on the best available 
                evidence, that the alternative uses of the resources 
                required to carry out the inspection activity would 
                make a greater contribution to protecting the public 
                health and reducing the risk of food-borne illness than 
                the use of resources described in subsection (b);
                    (B) describe the alternative uses of resources in 
                general terms when issuing the regulation or order that 
                establishes the alternative inspection frequency;
                    (C) consider the supporting evidence that an 
                individual food establishment shall submit related to 
                whether an alternative inspection frequency should be 
                established for such establishment by the 
                Administrator; and
                    (D) include a description of the alternative uses 
                in the annual resource plan required in section 209.
    (e) Inspection Transition.--The Administrator shall manage the 
transition to the inspection system described in this Act as follows:
            (1) In the case of a category 1 or 2 food establishment, 
        the Administrator shall continue to implement the applicable 
        inspection mandates of 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--
                    (A) regulations required to implement this section 
                have been promulgated;
                    (B) the performance standards required by section 
                204(c) have been promulgated and implemented for 1 
                year; and
                    (C) the establishment has achieved compliance with 
                the other applicable provisions of the food safety law.
            (2) In the case of a category 1 or 2 food establishment 
        that, within 2 years after the promulgation of the performance 
        standards required by section 204(c), has not achieved 
        compliance with the food safety law, the Administrator shall--
                    (A) issue an order prohibiting the establishment 
                from operating pending a demonstration by the 
                establishment 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; and
                    (B) following the demonstration required in 
                subparagraph (A), issue an order authorizing the food 
                establishment to operate subject, at a minimum, to--
                            (i) the inspection requirement applicable 
                        to the establishment under subsection (b) (1) 
                        or (2); and
                            (ii) such other inspection or compliance 
                        measures determined by the Administrator 
                        necessary to assure compliance with the 
                        applicable food safety law.
            (3) In the case of a category 3 food establishment, the 
        Administrator shall continue to implement the applicable 
        inspection mandates of 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--
                    (A) the regulations required to implement this 
                section have been promulgated;
                    (B) the first resource plan under section 209 has 
                been submitted; and
                    (C) for individual establishments, compliance with 
                the food safety law has been demonstrated.
            (4) In the case of a category 3 food establishment that, 
        within 1 year after the promulgation of the regulations 
        required to implement this section, have not demonstrated 
        compliance with the food safety law, the Administrator shall--
                    (A) issue an order prohibiting the establishment 
                from operating, pending a demonstration by the 
                establishment 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; and
                    (B) following the demonstration required in 
                subparagraph (A), issue an order authorizing the 
                establishment to operate subject, at a minimum, to--
                            (i) the inspection requirement applicable 
                        to the establishment under subsection (b)(3); 
                        and
                            (ii) such other inspection or compliance 
                        measures determined by the Administrator 
                        necessary to assure compliance with the food 
                        safety law.
            (5) In the case of a category 4 or 5 food establishment, 
        the inspection requirements of this Act shall be implemented as 
        soon as possible after--
                    (A) the promulgation of the regulations required to 
                implement this section;
                    (B) the publication of the first resource plan 
                under section 209; and
                    (C) the commencement of the first fiscal year in 
                which the Administration is operating with budgetary 
                resources that Congress has appropriated following 
                consideration of the resource plan under section 209.
    (f) Official Mark.--
            (1) In general.--
                    (A) Establishment.--Before the completion of the 
                transition process under paragraphs (1) through (3) of 
                subsection (e), the Administrator shall by regulation 
                establish an official mark that shall be affixed to a 
                food product produced in a category 1, 2, or 3 
                establishment, subject to subparagraph (B).
                    (B) Prerequisite.--The official mark required under 
                subparagraph (A) shall be affixed to a food product by 
                the Administrator if the establishment has been 
                inspected by the Administrator in accordance with the 
                inspection frequencies under this section and the 
                establishment is in compliance with the food safety 
                law.
                    (C) Removal of official mark.--The Administrator 
                shall promulgate regulations that provide for the 
                removal of the official mark under this subsection if 
                the Administrator makes a finding that the 
                establishment is not in compliance with the food safety 
                law.
            (2) Category 1, 2, or 3 food establishments.--In the case 
        of products produced in a category 1, 2, or 3 food 
        establishment--
                    (A) products subject to 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 paragraphs (1) through (3) 
                of subsection (e);
                    (B) the Administrator shall publicly certify on a 
                monthly basis that the inspection frequencies required 
                under this Act have been achieved; and
                    (C) a product from an establishment 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 establishments.--In the case of a 
        product produced in a category 4 or 5 food establishment 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 the Administrator 
                considers appropriate.
    (g) Implementation.--Not later than 1 year after the effective date 
of this Act, the Administrator shall issue regulations to implement 
subsections (b) through (e).
    (h) Maintenance and Inspection of Records.--
            (1) In general.--
                    (A) Records.--A food establishment shall--
                            (i) maintain such records as the 
                        Administrator shall require 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 establishment representative in any format 
                        (including paper or electronic) and at any 
                        location, that are necessary to assist the 
                        Administrator--
                                    (I) to determine whether the food 
                                is contaminated or not in compliance 
                                with the food safety law; or
                                    (II) to track the food in commerce.
                    (B) Required disclosure.--A food establishment 
                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 in paragraph (1) 
        shall be maintained for a reasonable period of time, as 
        determined by the Administrator.
            (3) Requirements.--The records in 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 
                establishment;
                    (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.
    (i) 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 establishment 
                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 403; or
                    (E) limit the authority of the Administrator to 
                promulgate regulations to permit the sharing of data 
                with other governmental authorities.
    (j) 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 FACILITIES.

    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 facilities, to--
            (1) visit and inspect food production facilities in the 
        United States and in foreign countries to investigate 
        bioterrorism threats and for other critical food safety 
        purposes;
            (2) review food safety records as required to be kept by 
        the Administrator to carry out traceback and for other critical 
        food safety purposes;
            (3) set good practice standards to protect the public and 
        animal health and promote food safety;
            (4) conduct monitoring and surveillance of 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 and 
continue to a State--
            (1) advisory assistance;
            (2) technical and laboratory assistance and training 
        (including necessary materials and equipment); and
            (3) financial, in kind, 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. IMPORTS.

    (a) In General.--Not later than 2 years after the effective date of 
this Act, the Administrator shall establish a system under which a 
foreign government or foreign food establishment seeking to import food 
to the United States shall submit a request for certification to the 
Administrator.
    (b) Certification Standard.--A foreign government or foreign food 
establishment requesting a certification to import food to the United 
States shall demonstrate, in a manner determined appropriate by the 
Administrator, that food produced under the supervision of a foreign 
government or by the foreign food establishment has met standards for 
food safety, inspection, labeling, and consumer protection that are at 
least equivalent to standards applicable to food produced in the United 
States.
    (c) Certification Approval.--
            (1) Request by foreign government.--Prior to granting the 
        certification request of a foreign government, the 
        Administrator shall review, audit, and certify the food safety 
        program of a requesting foreign government (including all 
        statutes, regulations, and inspection authority) as at least 
        equivalent to the food safety program in the United States, as 
        demonstrated by the foreign government.
            (2) Request by foreign food establishment.--Prior to 
        granting the certification request of a foreign food 
        establishment, the Administrator shall certify, based on an 
        onsite inspection, the food safety programs and procedures of a 
        requesting foreign firm as at least equivalent to the food 
        safety programs and procedures of the United States.
    (d) Limitation.--A foreign government or foreign firm approved by 
the Administrator to import food to the United States under this 
section shall be certified to export only the approved food products to 
the United States for a period not to exceed 5 years.
    (e) Withdrawal of Certification.--The Administrator may withdraw 
certification of any food from a foreign government or foreign firm--
            (1) if such food is linked to an outbreak of human illness;
            (2) following an investigation by the Administrator that 
        finds that the foreign government programs and procedures or 
        foreign food establishment is no longer equivalent to the food 
        safety programs and procedures in the United States; or
            (3) following a refusal 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 Certification.--The Administrator shall audit 
foreign governments and foreign food establishments at least every 5 
years to ensure the continued compliance with the standards set forth 
in this section.
    (g) Required Routine Inspection.--The Administrator shall routinely 
inspect food and food animals (via a physical examination) before it 
enters the United States to ensure that it is--
            (1) safe;
            (2) labeled as required for food produced in the United 
        States; and
            (3) otherwise meets requirements under the food safety law.
    (h) Enforcement.--The Administrator is authorized to--
            (1) deny importation of food from any foreign government 
        that does not permit United States officials to enter the 
        foreign 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 foreign government or 
        foreign firm that does not consent to an investigation by the 
        Administration when food from that foreign country or foreign 
        firm is linked to a food-borne illness outbreak or is otherwise 
        found to be adulterated or mislabeled; and
            (3) promulgate rules and 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 this Act.
    (i) Detention and Seizure.--Any food imported for consumption in 
the United States may be detained, seized, or condemned pursuant to 
section 402.

SEC. 209. RESOURCE PLAN.

    (a) In General.--The Administrator shall prepare and update 
annually a resource plan describing the resources required, in the best 
professional judgment of the Administrator, to develop and fully 
implement the national food safety program established under this Act.
    (b) Contents of Plan.--The resource plan shall--
            (1) describe quantitatively the personnel, financial, and 
        other resources required to carry out the inspection of food 
        establishments under section 205 and other requirements of the 
        national food safety program;
            (2) allocate inspection resources in a manner reflecting 
        the distribution of risk and opportunities to reduce risk 
        across the food supply to the extent feasible based on the best 
        available information, and subject to section 205; and
            (3) describe the personnel, facilities, equipment, and 
        other resources needed to carry out inspection and other 
        oversight activities, at a total resource level equal to at 
        least 50 percent of the resources required to carry out 
        inspections in food establishments under section 205--
                    (A) in foreign establishments;
                    (B) at the point of importation; and
                    (C) at the point of production on farms, ranches, 
                and feedlots.
    (c) Grants.--The resource plan shall include recommendations for 
funding to provide grants to States and local governments to carry out 
food safety activities in retail and food service facilities and the 
required inspections in food establishments.
    (d) Submission of Plan.--The Administrator shall submit annually to 
the Committee on Appropriations of the Senate, the Committee on 
Appropriations of the House of Representatives, and other relevant 
committees of Congress, the resource plan required under this section.

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 and food producing animals 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 facilities and food 
        establishments.
    (c) Relationship to Country of Origin Labeling.--Nothing contained 
in this section prevents or interferes with implementation of the 
country of origin labeling requirements of subtitle D of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).

                   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 with the 
Research Education and Economics mission area of the Department of 
Agriculture, 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) maintain an active surveillance system of food, food 
        products, 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) maintain a state-of-the-art DNA matching system and 
        epidemiological system dedicated to food-borne 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 effective 
        date 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.--
            (1) In general.--Through the surveillance system referred 
        to in subsection (a) and the sampling system described in 
        subsection (b), the Administrator shall--
                    (A) rank food categories based on the hazard to 
                human health presented by the food category;
                    (B) identify appropriate industry and regulatory 
                approaches to minimize hazards in the food supply; and
                    (C) assess the public health environment for 
                emerging diseases, including zoonosis, for their risk 
                of appearance in the United States food supply.
            (2) Components of analysis.--The analysis under subsection 
        (b)(1) may include--
                    (A) a comparison of the safety of commercial 
                processing with the health hazards associated with food 
                that is harvested for recreational or subsistence 
                purposes and prepared noncommercially;
                    (B) a comparison of the safety of food that is 
                domestically processed with the health hazards 
                associated with food that is processed outside the 
                United States;
                    (C) a description of contamination originating from 
                handling practices that occur prior to or after the 
                sale of food to consumers; and
                    (D) use of comparative risk assessments.

SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM.

    (a) Public Education.--
            (1) In general.--The Administrator, in cooperation with 
        private and public organizations, including the cooperative 
        extension services and building on the efforts of appropriate 
        State and local entities, shall establish a national public 
        education program on food safety.
            (2) Requirements.--The program shall provide--
                    (A) information to the public regarding Federal 
                standards and best practices and promotion of public 
                awareness, understanding, and acceptance of those 
                standards and practices;
                    (B) information for health professionals--
                            (i) to improve diagnosis and treatment of 
                        food-related illness; and
                            (ii) to advise individuals at special risk 
                        for food-related illnesses; and
                    (C) such other information or advice to consumers 
                and other persons as the Administrator determines will 
                promote the purposes of this Act.
    (b) Health Advisories.--The Administrator, in consultation with 
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) utilize the DNA matching system and other processes to 
        identify and control pathogens;
            (9) address common and emerging zoonotic diseases;
            (10) develop methods to reduce or destroy harmful pathogens 
        before, during, and after processing;
            (11) analyze the incidence of antibiotic resistence as it 
        pertains to the food supply and develop new methods to reduce 
        the transfer of antibiotic resistance to humans; and
            (12) conduct other research that supports the purposes of 
        this Act.
    (b) Contract Authority.--The Administrator may enter into contracts 
and agreements with any State, university, Federal Government agency, 
or person to carry out this section.

                         TITLE IV--ENFORCEMENT

SEC. 401. PROHIBITED ACTS.

    It is prohibited--
            (1) to manufacture, introduce, deliver for introduction, or 
        receive into interstate commerce any food that is adulterated, 
        misbranded, or otherwise unsafe;
            (2) to adulterate or misbrand any food in interstate 
        commerce;
            (3) for a food establishment or foreign food establishment 
        to fail to register under section 202, or to operate without a 
        valid registration;
            (4) to refuse to permit access to a food establishment for 
        the inspection and copying of a record as required under 
        section 205(h);
            (5) to fail to establish or maintain any record or to make 
        any report as required under section 205(h);
            (6) to refuse to permit entry to or inspection of a food 
        establishment as required under section 205;
            (7) 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(i);
            (8) to fail to comply with a provision, regulation, or 
        order of the Administrator under section 202, 203, 204, or 208;
            (9) to slaughter an animal that is capable for use in whole 
        or in part as human food at a food establishment processing any 
        such food for commerce, except in compliance with the food 
        safety law;
            (10) to transfer food in violation of an administrative 
        detention order under section 402 or to remove or alter a 
        required mark or label identifying the food as detained;
            (11) to fail to comply with a recall or other order under 
        section 403; or
            (12) to otherwise violate the food safety law.

SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNATION.

    (a) Administrative Detention of Food.--
            (1) Expanded authority.--The Administrator shall have 
        authority under section 304 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 334) to administratively detain and 
        seize any food that the Administrator has reason to believe is 
        unsafe, is adulterated or misbranded, or otherwise fails to 
        meet the requirements of the food safety law.
            (2) Detention authority.--If, during an inspection 
        conducted in accordance with section 205 or 208, an officer, 
        employee, or agent of the Administration making the inspection 
        has reason to believe that a domestic food, imported food, or 
        food offered for import is unsafe, is adulterated or 
        misbranded, or otherwise fails to meet the requirements of this 
        Act, the officer or employee may order the food detained.
            (3) Period of detention.--
                    (A) In general.--A food may be detained for a 
                reasonable period, not to exceed 20 days, unless a 
                longer period, not to exceed 30 days, is necessary for 
                the Administrator to institute a seizure action.
                    (B) Perishable food.--The Administrator shall 
                provide by regulation for procedures to institute a 
                seizure action on an expedited basis with respect to 
                perishable food.
            (4) Security of detained food.--
                    (A) In general.--A detention order--
                            (i) may require that the food be labeled or 
                        marked as detained; and
                            (ii) shall require that the food be removed 
                        to a secure facility, if appropriate.
                    (B) Food subject to an order.--A food subject to a 
                detention order shall not be transferred by any person 
                from the place at which the food is removed, until 
                released by the Administrator or until the expiration 
                of the detention period applicable under the order, 
                whichever occurs first.
                    (C) Delivery of food.--This subsection does not 
                authorize the delivery of a food in accordance with 
                execution of a bond while the article is subject to the 
                order.
    (b) Appeal of Detention Order.--
            (1) In general.--A person who would be entitled to be a 
        claimant for a food subject to a detention order if the food 
        were seized under section 304 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 334), may appeal the order to the 
        Administrator.
            (2) Action by the administrator.--Not later than 5 days 
        after an appeal is filed under paragraph (1), the 
        Administrator, after providing an opportunity for an informal 
        hearing, shall confirm, modify, or terminate the order 
        involved.
            (3) Final agency action.--Confirmation, modification, or 
        termination by the Administrator under paragraph (2) shall be 
        considered a final agency action for purposes of section 702 of 
        title 5, United States Code.
            (4) Termination.--The order shall be considered to be 
        terminated if, after 5 days, the Administrator has failed--
                    (A) to provide an opportunity for an informal 
                hearing; or
                    (B) to confirm, modify, or terminate the order.
            (5) Effect of instituting court action.--If the 
        Administrator initiates an action under section 302 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 332) or section 
        304(a) of that Act (21 U.S.C. 334(a)), the process for the 
        appeal of the detention order shall terminate.
    (c) Condemnation of Food.--
            (1) In general.--After confirming a detention order, the 
        Administrator may order the food condemned.
            (2) Destruction of food.--Any food condemned shall be 
        destroyed under the supervision of the Administrator.
            (3) Release of food.--If the Administrator determines that, 
        through reprocessing, relabeling, or other action, a detained 
        food can be brought into compliance with this Act, the food may 
        be released following a determination by the Administrator that 
        the relabeling or other action as specified by the 
        Administrator has been performed.
    (d) Temporary Holds at Ports of Entry.--
            (1) In general.--If an officer or qualified employee of the 
        Administration has reason to believe that a food is unsafe, is 
        adulterated or misbranded, or otherwise fails to meet the 
        requirements of this Act, and the officer or qualified employee 
        is unable to inspect, examine, or investigate the food when the 
        food is offered for import at a port of entry into the United 
        States, the officer or qualified employee shall request the 
        Secretary of Homeland Security to hold the food at the port of 
        entry for a reasonable period of time, not to exceed 24 hours, 
        to enable the Administrator to inspect or investigate the food 
        as appropriate.
            (2) Removal to secure facility.--The Administrator shall 
        work in coordination with the Secretary of Homeland Security to 
        remove a food held in accordance with paragraph (1) to a secure 
        facility as appropriate.
            (3) Prohibition on transfer.--During the period in which 
        the food is held, the food shall not be transferred by any 
        person from the port of entry into the United States, or from 
        the secure facility to which the food has been removed.
            (4) Delivery in accordance with a bond.--The delivery of 
        the food in accordance with the execution of a bond while the 
        food is held is not authorized.
            (5) Prohibition on Reexport.--A food found unfit for human 
        or animal consumption shall be prohibited from reexport without 
        further processing to remove the contamination and reinspection 
        by the Administration.

SEC. 403. NOTIFICATION AND RECALL.

    (a) Notice to Administrator of Violation.--
            (1) In general.--A person that has reason to believe that 
        any food introduced into or in interstate commerce, or held for 
        sale (whether or not the first sale) after shipment in 
        interstate commerce, may be in violation of the food safety law 
        shall immediately notify the Administrator of the identity and 
        location of the food.
            (2) Manner of notification.--Notification under paragraph 
        (1) shall be made in such manner and by such means as the 
        Administrator may require by regulation.
    (b) Recall and Consumer Notification.--
            (1) Voluntary actions.--If the Administrator determines 
        that food is in violation of the food safety law when 
        introduced into or while in interstate commerce or while held 
        for sale (whether or not the first sale) after shipment in 
        interstate commerce and that there is a reasonable probability 
        that the food, if consumed, would present a threat to public 
        health, as determined by the Administrator, the Administrator 
        shall give the appropriate persons (including the 
        manufacturers, importers, distributors, or retailers of the 
        food) an opportunity to--
                    (A) cease distribution of the food;
                    (B) notify all persons--
                            (i) processing, distributing, or otherwise 
                        handling the food to immediately cease such 
                        activities with respect to the food; or
                            (ii) to which the food has been 
                        distributed, transported, or sold, to 
                        immediately cease distribution of the food;
                    (C) recall the food;
                    (D) in conjunction with the Administrator, provide 
                notice of the finding of the Administrator--
                            (i) to consumers to whom the food was, or 
                        may have been, distributed; and
                            (ii) to State and local public health 
                        officials; or
                    (E) take any combination of the measures described 
                in this paragraph, as determined by the Administrator 
                to be appropriate in the circumstances.
            (2) Mandatory actions.--If a person referred to in 
        paragraph (1) refuses to or does not adequately carry out the 
        actions described in that paragraph within the time period and 
        in the manner prescribed by the Administrator, the 
        Administrator shall--
                    (A) have authority to control and possess the food, 
                including ordering the shipment of the food from the 
                food establishment to the Administrator--
                            (i) at the expense of the food 
                        establishment; or
                            (ii) in an emergency (as determined by the 
                        Administrator), at the expense of the 
                        Administration; and
                    (B) by order, require, as the Administrator 
                determines to be necessary, the person to immediately--
                            (i) cease distribution of the food; and
                            (ii) notify all persons--
                                    (I) processing, distributing, or 
                                otherwise handling the food to 
                                immediately cease such activities with 
                                respect to the food; or
                                    (II) if the food has been 
                                distributed, transported, or sold, to 
                                immediately cease distribution of the 
                                food.
            (3) Notification to consumers by administrator.--The 
        Administrator shall, as the Administrator determines to be 
        necessary, provide notice of the finding of the Administrator 
        under paragraph (1)--
                    (A) to consumers to whom the food was, or may have 
                been, distributed; and
                    (B) to State and local public health officials.
            (4) Nondistribution by notified persons.--A person that 
        processes, distributes, or otherwise handles the food, or to 
        which the food has been distributed, transported, or sold, and 
        that is notified under paragraph (1)(B) or (2)(B) shall 
        immediately cease distribution of the food.
            (5) Availability of records to administrator.--Each person 
        referred to in paragraph (1) that processed, distributed, or 
        otherwise handled food shall make available to the 
        Administrator information necessary to carry out this 
        subsection, as determined by the Administrator, regarding--
                    (A) persons that processed, distributed, or 
                otherwise handled the food; and
                    (B) persons to which the food has been transported, 
                sold, distributed, or otherwise handled.
    (c) Informal Hearings on Orders.--
            (1) In general.--The Administrator shall provide any person 
        subject to an order under subsection (b) with an opportunity 
        for an informal hearing, to be held as soon as practicable but 
        not later than 2 business days after the issuance of the order.
            (2) Scope of the hearing.--In a hearing under paragraph 
        (1), the Administrator shall consider the actions required by 
        the order and any reasons why the food that is the subject of 
        the order should not be recalled.
    (d) Post-Hearing Recall Orders.--
            (1) Amendment of order.--If, after providing an opportunity 
        for an informal hearing under subsection (c), the Administrator 
        determines that there is a reasonable probability that the food 
        that is the subject of an order under subsection (b), if 
        consumed, would present a threat to the public health, the 
        Administrator, as the Administrator determines to be necessary, 
        may--
                    (A) amend the order to require recall of the food 
                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 of the recall to consumers to 
                whom the food was, or may have been, distributed.
            (2) Vacation of orders.--If, after providing an opportunity 
        for an informal hearing under subsection (c), the Administrator 
        determines that adequate grounds do not exist to continue the 
        actions required by the order, the Administrator shall vacate 
        the order.
    (e) Remedies Not Exclusive.--The remedies provided in this section 
shall be in addition to, and not exclusive of, other remedies that may 
be available.

SEC. 404. 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. 405. CIVIL AND CRIMINAL PENALTIES.

    (a) Civil Sanctions.--
            (1) Civil penalty.--
                    (A) In general.--Any person that commits an act 
                that violates the food safety law (including a 
                regulation promulgated or order issued under a Federal 
                food safety law) may be assessed a civil penalty by the 
                Administrator of not more than $10,000 for each such 
                act.
                    (B) Separate offense.--Each act described in 
                subparagraph (A) and each day during which that act 
                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.--The order 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 knowingly produces or introduces into 
        commerce food that is unsafe or otherwise adulterated or 
        misbranded shall be imprisoned for not more than 1 year or 
        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 or 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 the United States court of appeals for the 
                circuit in which that person resides or has its 
                principal place of business or the United States Court 
                of Appeals for the District of Columbia; 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 (b) has entered final judgment in favor 
        of the Administrator, the Administrator shall refer the matter 
        to the Attorney General, who shall institute in a United States 
        district court 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. 406. 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. 407. WHISTLEBLOWER PROTECTION.

    (a) In General.--No Federal employee, employee of a Federal 
contractor or subcontractor, or any individual employed by a company 
(referred to in this section as a ``covered individual''), may be 
discharged, demoted, suspended, threatened, harassed, or in any other 
manner discriminated against, because of any lawful act done by the 
covered individual to--
            (1) provide information, cause information to be provided, 
        or otherwise assist in an investigation regarding any conduct 
        that the covered individual reasonably believes constitutes a 
        violation of any law, rule, or regulation, or that the covered 
        individual reasonably believes constitutes a threat to the 
        public health, when the information or assistance is provided 
        to, or the investigation is conducted by--
                    (A) a Federal regulatory or law enforcement agency;
                    (B) a Member or committee of Congress; or
                    (C) a person with supervisory authority over the 
                covered individual (or such other individual who has 
                the authority to investigate, discover, or terminate 
                misconduct);
            (2) file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to a violation of any law, rule, or regulation; 
        or
            (3) refused to violate or assist in the violation of any 
        law, rule, or regulation.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by filing a 
        complaint with the Secretary of Labor. If the Secretary of 
        Labor has not issued a final decision within 180 days after the 
        date on which the complaint is filed and there is no showing 
        that such delay is due to the bad faith of the claimant, the 
        claimant may bring an action at law or equity for de novo 
        review in the appropriate district court of the United States, 
        which shall have jurisdiction over such an action without 
        regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1) shall be governed by the legal burdens of 
                proof set for in section 42121(b) of title 49, United 
                States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 90 days 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole.
            (2) Compensatory damages.--Relief for any action described 
        in paragraph (1) shall include--
                    (A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    (B) the amount of any back pay, with interest; and
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney's 
                fees.
    (d) Rights Retained by the Covered Individual.--Nothing in this 
section shall be construed to diminish the rights, privileges, or 
remedies of any covered individual under any Federal or State law, or 
under any collective bargaining agreement.

SEC. 408. 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), 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 and 50) on the 
        United States district courts may be exercised for the purposes 
        of this chapter by any United States district court of 
        competent jurisdiction.

SEC. 409. 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 
        United States district court for the district in which the 
        defendant resides, is found, or has an agent.
            (2) Jurisdiction.--The court 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 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.

    For purposes of this title, the term ``transition period'' means 
the 12-month period beginning on the effective date of this Act.

SEC. 502. REORGANIZATION PLAN.

    (a) Submission of Plan.--Not later than 180 days after the 
effective date 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 immediately before the effective date 
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 immediately 
        before the effective date 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 
        therefrom, and payments made pursuant to such orders, shall 
        issue 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 
        immediately before the effective date of this Act shall 
        continue to apply following such transfer if they refer to the 
        agency by name.

SEC. 505. CONFORMING AMENDMENTS.

    (a) Executive Schedule.--Section 5313 of title 5, United States 
Code, is amended by inserting at the end the following new item:
``Administrator of Food Safety.''.
    (b) Repeal of Certain Provisions.--Section 18 of the Poultry 
Products Inspection Act (21 U.S.C. 467), section 401 of the Federal 
Meat Inspection Act (21 U.S.C. 671), and section 18 of the Egg Products 
Inspection Act (21 U.S.C. 1047) are repealed.

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 the Acts listed in section 3(15) of this 
Act 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 effective date 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 effective 
        date of this Act, appropriations for those agencies for the 
        fiscal year that includes the effective date have not yet been 
        made.

SEC. 510. EFFECTIVE DATE.

    This Act takes effect on the date of enactment of this Act.
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