I 111th CONGRESS 1st Session H. R. 2513 IN THE HOUSE OF REPRESENTATIVES May 20, 2009 Mr. Schauer (for himself, Mr. Upton, Mr. Stupak, Ms. DeGette, Mr. Braley of Iowa, Ms. Wasserman Schultz, Mr. Massa, Mr. Clyburn, Mr. Crowley, Mrs. Lowey, and Mr. Gordon of Tennessee) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to establish a Food Protection Training Institute, and for other purposes.

1.

Short title

This Act may be cited as the Food Protection Training Institute Act of 2009.

2.

Findings

Congress finds the following: (1)There is no mandatory Federal training requirement for State, local, tribal, and territorial food protection officials, and training varies by State. (2)In June 2000, the Office of the Inspector General (OIG) of the Department of Health and Human Services released a report on oversight by the Food and Drug Administration (FDA) of State food inspection contracts. In this report the OIG recommended that FDA take steps to promote equivalency among Federal and State food safety standards, inspection programs, and enforcement practices. (3)Under contract with the FDA, State employees perform over half of all FDA inspections at domestic food processing plants. Inspections are performed under State laws and authorities, the provisions of the Federal Food, Drug, and Cosmetic Act, or both. In fiscal year 2008, States conducted approximately 10,500 FDA food contract inspections. Overall, States conduct nearly 80,000 inspections annually of food processing plants, but the majority of these inspections are not recognized by FDA as meeting any standard. (4)No national accreditation process exists to assure State and local food protection programs provide adequate protections to ensure effectiveness or equivalency to Federal programs.

3.

Food protection training activities and institute

Subchapter D of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379k et seq.) is amended by adding at the end the following:

747.

Food protection training activities and institute

(a)

Definitions

In this section— (1)the term food protection means government regulatory or public health activities and programs at the Federal, State, or local level that are targeted at ensuring the safety or defense of the food supply— (A)from natural, accidental, or intentional contamination; and (B)through prevention, intervention, response to food contamination events, or recovery of food systems to restore economic stability and public confidence after a food contamination event; (2)the term food protection officials— (A)means government employees at the Federal, State, or local level that have direct responsibilities for food protection; and (B)includes environmental health workers, sanitarians, food regulatory officials, investigators, communicable disease workers, epidemiologists, laboratory workers, and toxicologists; and (3)the term food regulatory officials includes inspectors responsible for enforcing the food protection provisions of this Act. (b)

Authority of the Secretary

(1)

General duties

The Secretary shall, not later than 120 days after the date of enactment of this section— (A)create a list of uniform food protection training standards for Federal, State, and local food regulatory officials and food protection officials as a part of overall regulatory program standards in consultation with— (i)a national association of food protection officials that has membership open to food protection officials from all States; (ii)State agencies responsible for food protection; and (iii)local agencies responsible for food protection; and (B)ensure funding is used to advance food protection and the effectiveness and equivalency throughout the food protection system of the Nation through a responsive and preventive controls framework in an effort to build capacity and create a more integrated national food protection system. (2)

Duties with respect to the Institute

The Secretary shall, not later than 120 days after the date of enactment of this section— (A)in cooperation with the organization described in paragraph (1)(A)(i), provide financial, technical, and other assistance to establish and maintain a Food Protection Training Institute that— (i)conducts training activities that— (I)address food protection inspection training standards as directed by the Secretary in paragraph (1); and (II)meet any program standards developed by the Secretary under paragraph (1); (ii)prior to fiscal year 2010, applied for determination as, or had been determined to be, an entity described in section 501(c)(3) of the Internal Revenue Code of 1986; (iii)has demonstrated the resources to commit to training no less than 750 food protection officials during fiscal year 2010 and no less than 3,000 food protection officials during fiscal year 2013; and (iv)is governed by a board of directors that— (I)as of the date of establishment, includes— (aa)a representative from a national association which has, as of fiscal year 2010— (AA)tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986; (BB)membership open to food protection officials from all States; and (CC)governing officers who are State food regulatory program officials; (bb)a representative from a private foundation with assets in excess of $5,000,000,000 as of fiscal year 2010; and (cc)a representative of a Land Grant university; and (II)as of fiscal year 2010, has received financial support of at least $1,000,000 from a private foundation with assets in excess of $5,000,000,000; and (B)ensure that the activities conducted and assistance provided at such Institute at a minimum include— (i)providing career-specific and career-spanning skills training and continuing education for food protection officials and food regulatory officials that include— (I)entry level, core job training; (II)intermediate level and continuing education training; (III)advanced level training in specialized areas of food protection; and (IV)training of elite or expert level food protection officials; (ii)developing and using multiple and advanced training approaches to reach food protection officials including face-to-face courses, on-the-job training, multi-media approaches, distance learning, web-based courses, and other innovative and effective methods; (iii)developing criteria and assessing measurable training outcomes; (iv)developing instructor curriculum and delivery assessment; (v)assessing and reporting to the Secretary of efforts leading to leveraging food protection capability and capacity to support a national integrated food protection system; and (vi)establishing methods to provide timely training in response to emerging food protection events in order to minimize public health impacts and recovery. (c)

Duties of the food protection training institute

The Food Protection Training Institute established under subsection (b) shall carry out activities to improve the safety of the United States food supply, including— (1)advancing the effectiveness and equivalency throughout the food protection system of the Nation; (2)improving the response and prevention controls capabilities of the national food protection system; (3)building capacity and the integration of the national food protection system; (4)providing training and technical assistance with respect to food establishment inspections that meet any program standards developed by the Secretary under subsection (b)(1); (5)offering onsite and offsite training for food protection officials from all States; (6)establishing a national network of trained professionals to present training programs and workshops for food protection officials; (7)developing training materials for use in such programs and workshops; (8)acting as a clearinghouse for research, studies, and findings concerning all aspects of food protection programs, including— (A)conducting and funding research to improve the effectiveness of food establishment inspection; and (B)conducting and funding research to improve the effectiveness of the duties of food protection officials; (9)training food protection officials to comply with standards established by the Secretary through a national network of instructors or other means; (10)preparing informational materials to promote more efficient and thorough food protection inspections; (11)assisting State agencies in providing additional instructions and instructors, including training personnel to comply with the guidance and objectives established by the Secretary; and (12)any other activities determined appropriate by the Secretary. (d)

Accountability

(1)

Report to the Secretary

On an annual basis, the board of directors of the Institute established under subsection (b) shall submit to the Secretary a report that describes the activities and progress of such Institute carried out under this section during the previous year. (2)

Report to Congress

On an annual basis, the Secretary shall submit to Congress a report that describes the activities and progress of the Secretary and the Institute established under subsection (b) carried out under this section during the previous year. (e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section— (1)$20,000,000 for fiscal year 2010; (2)$25,000,000 for fiscal year 2011; and (3)$30,000,000 for each of fiscal years 2012, 2013, and 2014.

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