[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2800

To amend the Federal Food, Drug, and Cosmetic Act to improve the safety 
               of imported food, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2009

 Mr. Burgess 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 improve the safety 
               of imported food, 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.

    This Act may be cited as the ``Imported Food Safety Improvement Act 
of 2009''.

SEC. 2. AUTHORITY TO PROTECT THE PUBLIC HEALTH FROM CONTAMINATED 
              IMPORTED FOODS.

    (a) Authority.--Section 801 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 381) is amended by inserting after subsection (o) the 
following:
    ``(p)(1) The Secretary may refuse admission into the United States 
to any food (or any type of food) from a country, growing area, 
producer, manufacturer, or shipper if the Secretary makes a 
determination under paragraph (2) or an emergency determination under 
paragraph (3) to refuse admission to food (or the type of food 
involved) from such country, growing area, producer, manufacturer, or 
shipper.
    ``(2)(A) The Secretary may make a determination to refuse admission 
to food (or any type of food) from a country, growing area, producer, 
manufacturer, or shipper if such food (or type of food)--
            ``(i) has been associated with repeated and separate 
        outbreaks of foodborne disease or has been repeatedly 
        determined by the Secretary to be adulterated within the 
        meaning of section 402;
            ``(ii) presents a reasonable probability of causing 
        significant adverse health consequences or death; and
            ``(iii) is likely, without systemic intervention or 
        changes, to cause disease or be adulterated again.
    ``(B) The Secretary shall rescind a determination under this 
paragraph if the Secretary finds that such determination, because of 
remedial action or other circumstances, is no longer justified.
    ``(C) A country, growing area, producer, manufacturer, or shipper 
may submit a request to the Secretary to rescind a determination under 
this paragraph. Any such request shall be accompanied by supporting 
evidence.
    ``(D) Not later than 90 days after the submission of a request 
under subparagraph (C), the Secretary shall take action on such 
request. The Secretary's action may include--
            ``(i) rescinding under subparagraph (B) the determination; 
        or
            ``(ii) continuing to refuse admission to the food involved 
        and requesting additional information or remedial action.
    ``(E) If the Secretary does not take action on a request under 
subparagraph (C) within 90 days after the date of submission of such 
request, effective on the 91st day after the date of such submission, 
the food initially refused admission under paragraph (1) may be 
imported into the United States.
    ``(3)(A) The Secretary may make an emergency determination to 
refuse admission to food (or any type of food) from a country, growing 
area, producer, manufacturer, or shipper if such food (or type of food) 
has been strongly associated with a single outbreak of foodborne 
disease that has caused serious adverse health consequences or death.
    ``(B) An emergency determination under this paragraph shall be in 
effect--
            ``(i) for a 30-day period; or
            ``(ii) until the Secretary rescinds the emergency 
        determination.
    ``(4) Subject to paragraph (5), the Secretary may issue a 
determination under paragraph (2) or an emergency determination under 
paragraph (3) immediately.
    ``(5) Any refusal to admit food under this subsection shall be done 
in a manner consistent with bilateral, regional, and multilateral trade 
agreements and the rights and obligations of the United States under 
the agreements.
    ``(6) Not later than 90 days after the date of the enactment of the 
Imported Food Safety Improvement Act of 2009, the Secretary shall 
promulgate final regulations to carry out this subsection.''.
    (b) Effective Date.--Section 801(p) of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), shall take effect on the 
effective date provided in the regulations promulgated under section 
801(p)(6) of such Act or the date that is 90 days after the date of the 
enactment of this Act, whichever is earlier.
    (c) Conforming Amendment.--Subsection (a) of section 801 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended, in the 
third sentence by striking ``then such article shall be refused 
admission'' and inserting ``or (4) such article is food subject to a 
determination in effect under paragraph (2) or (3) of subsection (p), 
then such article shall be refused admission''.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
interpreted to diminish the authority of the Commissioner of Food and 
Drugs to ensure the safety of food.
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