1.Short
title; table of contents
(a)This Act may be cited
as the Ending Agricultural Threats:
Safeguarding America's Food for Everyone (EAT SAFE) Act of
2009
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Food safety training, personnel, and
coordination.
Sec. 5. Reporting of smuggled food products.
Sec. 6. Civil penalties relating to illegally imported meat and
poultry products.
Sec. 7. Certification of food safety labs.
Sec. 8. Data sharing.
Sec. 9. Public notice regarding recalled food
products.
Sec. 10. Foodborne illness education and outreach competitive
grants program.
2.Congress finds that—
(1)the safety of the
food supply of the United States is vital to—
(A)the health of the
citizens of the United States;
(B)the preservation
of the confidence of those citizens in the food supply of the United States;
and
(C)the success of
the food sector of the United States economy;
(2)the United States
has the safest food supply in the world, and maintaining a secure domestic food
supply is imperative for the national security of the United States;
(3)in a report
published by the Government Accountability Office in January 2007, the
Comptroller General of the United States described food safety oversight as 1
of the 29 high-risk program areas of the Federal Government; and
(4)the task of
preserving the safety of the food supply of the United States is complicated by
pressures relating to—
(A)food products
that are smuggled or imported into the United States without being screened,
monitored, or inspected as required by law; and
(B)the need to
improve the enforcement of the United States in reducing the quantity of food
products that are—
(i)smuggled into the
United States; and
(ii)imported into
the United States without being screened, monitored, or inspected as required
by law.
3.In this Act:
(1)The
term Administration means the Food and Drug Administration.
(2)The
term Administrator means the Administrator of the Animal and Plant
Health Inspection Service.
(3)The
term Department means the Department of Agriculture.
(4)The term food defense threat means any
intentional contamination, including any disease, pest, or poisonous agent,
that could adversely affect the safety of human or animal food products.
(5)The term smuggled food product
means a
prohibited human or animal food product that a person fraudulently brings into
the United States.
(6)The
term Secretary means the Secretary of Agriculture.
4.Food safety
training, personnel, and coordination
(a)
(1)
(A)
(i)The
Secretary shall establish training programs to educate each Federal employee
who is employed in a position described in section 421(g) of the Homeland
Security Act of 2002 (6 U.S.C. 231(g)) on issues relating to food safety and
agroterrorism.
(ii)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subparagraph $1,700,000.
(B)Cross-training
of employees of United States Customs and Border Protection
(i)The
Secretary shall establish training programs to educate border patrol agents
employed by the United States Customs and Border Protection of the Department
of Homeland Security about identifying human, animal, and plant health threats
and referring the threats to the appropriate agencies.
(ii)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subparagraph $4,800,000.
(2)Illegal import
detection personnelSubtitle G of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6981 et seq.) is amended by adding at the
end the following:
263.Food safety
personnel and training
(a)Not later than 2
years after the date of enactment of the Ending Agricultural Threats: Safeguarding America's Food
for Everyone (EAT SAFE) Act of 2009, the Secretary shall hire a
sufficient number of employees to increase the number of full-time field
investigators, import surveillance officers, support staff, analysts, and
compliance and enforcement experts employed by the Food Safety and Inspection
Service as of October 1, 2007, by 100 employees, in order to—
(1)provide additional detection of food
defense threats;
(2)detect, track, and remove smuggled human
food products from commerce; and
(3)impose penalties on persons or
organizations that threaten the food supply.
(b)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section
$10,000,000.
.
(b)Chapter
IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is
amended by adding at the end the following:
418.Food safety
personnel and training
(a)Not later than 2
years after the date of enactment of the Ending Agricultural Threats: Safeguarding America's Food
for Everyone (EAT SAFE) Act of 2009, the Secretary shall hire a
sufficient number of employees to increase the number of full-time field
investigators, import surveillance officers, support staff, analysts, and
compliance and enforcement experts employed by the Food and Drug Administration
as of October 1, 2007, by 150 employees, in order to—
(1)provide additional detection of food
defense threats;
(2)detect, track, and remove smuggled food
products from commerce; and
(3)impose penalties on persons or
organizations that threaten the food supply.
(b)Authorization
of appropriationsThere is
authorized to be appropriated to carry out this section
$15,000,000.
.
(c)Coordination of
Federal agenciesSection 411(b) of the Homeland Security Act of
2002 (6 U.S.C. 211(b)) is amended by adding at the end the following:
(4)Coordination of
Federal agenciesThe Commissioner of United States Customs and
Border Protection, in coordination with the Secretary of Agriculture and the
Commissioner of Food and Drugs, shall conduct activities to target, track, and
inspect shipments that—
(A)contain human and
animal food products; and
(B)are imported into
the United
States.
.
5.Reporting of
smuggled food products
(a)
(1)
(A)Not later than 3 days after the date on which the
Department identifies a smuggled food product, the Secretary shall provide to
the public notification describing the food product identified by the
Department and, if available, the individual or entity that smuggled the food
product.
(B)Required forms
of notificationThe Secretary shall provide public notification
under subparagraph (A) through—
(i)a news release of
the Department for each smuggled food product identified by the
Department;
(ii)a description of
each smuggled food product on the website of the Department;
(iii)the management
of a periodically updated list that contains a description of each individual
or entity that smuggled the food product identified by the Secretary under
subparagraph (A); and
(iv)any other
appropriate means, as determined by the Secretary.
(2)Notification to
Department of Homeland SecurityNot later than 30 days after the
date on which the Department identifies a smuggled food product, the Secretary
shall provide to the Department of Homeland Security notification of the
smuggled food product.
(b)
(1)
(A)Not later than 3 days after the date on which the
Administration identifies a smuggled food product, the Secretary of Health and
Human Services shall provide to the public notification describing the smuggled
food product identified by the Administration and, if available, the individual
or entity that smuggled the food product.
(B)Required forms
of notificationThe Secretary of Health and Human Services shall
provide public notification under subparagraph (A) through—
(i)a press release
of the Administration for each smuggled food product identified by the
Administration;
(ii)a description of
each smuggled food product on the website of the Administration;
(iii)the management
of a periodically updated list that contains a description of each individual
or entity that smuggled the food product identified by the Secretary of Health
and Human Services under subparagraph (A); and
(iv)any other
appropriate means, as determined by the Secretary of Health and Human
Services.
(2)Notification to
Department of Homeland SecurityNot later than 30 days after the
date on which the Administration identifies a smuggled food product, the
Secretary of Health and Human Services shall provide to the Department of
Homeland Security notification of the smuggled food product.
6.Civil penalties
relating to illegally imported meat and poultry products
(a)Section 20(b) of the Federal Meat Inspection Act (21
U.S.C. 620(b)) is amended—
(1)by striking
(b) The Secretary
and inserting the following:
(b)Destruction;
civil penalties
(1)The
Secretary
;
and
(2)by adding at the
end the following:
(2)Each individual or entity that fails to present each
meat article that is the subject of the importation of the individual or entity
to an inspection facility approved by the Secretary shall be liable for a civil
penalty assessed by the Secretary in an amount not to exceed $25,000 for each
meat article that the individual or entity fails to present to the inspection
facility.
.
(b)Section 12 of the Poultry Products Inspection Act (21
U.S.C. 461) is amended—
(1)by striking the
section heading and all that follows through (a) Any person
and
inserting the following:
12.
(a)Penalties
relating to the violation of certain sections
(1)Any person
;
and
(2)in subsection (a)
(as amended by paragraph (1)), by adding at the end the following:
(2)Failure to
present poultry products at designated inspection facilitiesEach
individual or entity that fails to present each poultry product that is the
subject of the importation of the individual or entity to an inspection
facility approved by the Secretary shall be liable for a civil penalty assessed
by the Secretary in an amount not to exceed $25,000 for each poultry product
that the individual or entity fails to present to the inspection
facility.
.
(c)Section 12 of the Egg Products Inspection Act (21 U.S.C.
1041) is amended—
(1)by striking the
section heading and all that follows through (a) Any person
and
inserting the following:
12.
(a)Penalties
relating to the violation of certain prohibited actions
(1)Any person
;
and
(2)in subsection (a)
(as amended by paragraph (1)), by adding at the end the following:
(2)Failure to
present egg products at designated inspection facilitiesEach
individual or entity that fails to present each egg product that is the subject
of the importation of the individual or entity to an inspection facility
approved by the Secretary shall be liable for a civil penalty assessed by the
Secretary in an amount not to exceed $25,000 for each egg product that the
individual or entity fails to present to the inspection
facility.
.
7.Certification of
food safety labs; submission of test results
(a)Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.), as amended by section 4(b), is amended by adding at
the end the following:
419.Certification
of food safety labs; submission of test results
(a)Definition of
food safety labIn this section, the term food safety
lab means an establishment that conducts testing, on behalf of an
importer through a contract or other arrangement, to ensure the safety of
articles of food.
(b)Certification
requirement
(1)A food safety lab shall submit to the Secretary an
application for certification. Upon review, the Secretary may grant or deny
certification to the food safety lab.
(2)The Secretary shall establish criteria and
methodologies for the evaluation of applications for certification submitted
under paragraph (1). Such criteria shall include the requirements that a food
safety lab—
(A)be accredited as
being in compliance with standards set by the International Organization for
Standardization;
(B)agree to permit
the Secretary to conduct an inspection of the facilities of the food safety lab
and the procedures of such lab before making a certification
determination;
(C)agree to permit
the Secretary to conduct routine audits of the facilities of the food safety
lab to ensure ongoing compliance with accreditation and certification
requirements;
(D)submit with such
application a fee established by the Secretary in an amount sufficient to cover
the cost of application review, including inspection under subparagraph (B);
and
(E)agree to submit
to the Secretary, in accordance with the process established under subsection
(c), the results of tests conducted by such food safety lab on behalf of an
importer.
(c)Submission of
test resultsThe Secretary shall establish a process by which a
food safety lab certified under this section shall submit to the Secretary the
results of all tests conducted by such food safety lab on behalf of an
importer.
.
(b)Section
303(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is
amended—
(1)by redesignating
paragraphs (5), (6), and (7) as paragraphs (7), (8), and (9),
respectively;
(2)by inserting
after paragraph (4) the following:
(5)An importer (as such term is used in
section 419) shall be subject to a civil penalty in an amount not to exceed
$25,000 if such importer knowingly engages in the falsification of test results
submitted to the Secretary by a food safety lab certified under section
419.
(6)A food safety lab certified under
section 419 shall be subject to a civil penalty in an amount not to exceed
$25,000 for knowingly submitting to the Secretary false test results under
section
419.
;
(3)in paragraph
(2)(C), by striking paragraph (5)(A)
and inserting
paragraph (7)(A)
;
(4)in paragraph (7),
as so redesignated, by striking or (4)
each place it appears and
inserting (4), (5), or (6)
;
(5)in paragraph (8),
by striking paragraph (5)(A)
and inserting paragraph
(7)(A)
; and
(6)in paragraph (9),
as so redesignated, by striking paragraph (6)
each place it
appears and inserting paragraph (8)
.
8.
(a)Department of
Agriculture memoranda of understandingThe Secretary shall ensure that the
agencies within the Department of Agriculture, including the Food Safety and
Inspection Service, the Agricultural Research Service, and the Animal and Plant
Health Inspection Service, enter into a memorandum of understanding to ensure
the timely and efficient sharing of all information collected by such agencies
related to foodborne pathogens, contaminants, and illnesses.
(b)Interagency
memorandum of understandingThe Secretary, in collaboration with
the Secretary of Health and Human Services, shall enter into a memorandum of
understanding between the agencies within the Department of Agriculture,
including those described in subsection (a), and the agencies within the
Department of Health and Human Services, including the Centers for Disease
Control and Prevention and the Food and Drug Administration, to ensure the
timely and efficient sharing of all information collected by such agencies
related to foodborne pathogens, contaminants, and illnesses.
9.Public notice
regarding recalled food products
(a)
(1)News releases
regarding recalled food products
(A)On the date on which a human or animal food product
regulated by the Department is voluntarily recalled, the Secretary shall
provide to the public a news release describing the human or animal food
product.
(B)Each
news release described in subparagraph (A) shall contain a comprehensive list
of each human and animal food product regulated by the Department that is
voluntarily recalled.
(2)The
Secretary shall modify the website of the Department to contain—
(A)not later than 1
business day after the date on which a human or animal food product regulated
by the Department is voluntarily recalled, a news release describing the human
or animal food product;
(B)if available, an
image of each human and animal food product that is the subject of a news
release described in subparagraph (A); and
(C)not later than 90
days after the date of enactment of this Act, a search engine that—
(i)is
consumer-friendly, as determined by the Secretary; and
(ii)provides a means
by which an individual could locate each human and animal food product
regulated by the Department that is voluntarily recalled.
(3)State-issued
and industry press releasesTo meet the requirement under
paragraph (1)(A), the Secretary—
(A)may provide to
the public a press release issued by a State; and
(B)shall not provide
to the public a press release issued by a private industry entity in lieu of a
press release issued by the Federal Government or a State.
(4)Prohibition on
delegation of dutyThe Secretary may not delegate, by contract or
otherwise, the duty of the Secretary—
(A)to provide to the
public a news release under paragraph (1); and
(B)to make any
required modification to the website of the Department under paragraph
(2).
(b)
(1)Press releases
regarding recalled food products
(A)On the date on which a human or animal food product
regulated by the Administration is voluntarily recalled, the Secretary of
Health and Human Services shall provide to the public a press release
describing the human or animal food product.
(B)Each
press release described in subparagraph (A) shall contain a comprehensive list
of each human and animal food product regulated by the Administration that is
voluntarily recalled.
(2)The
Secretary of Health and Human Services shall modify the website of the
Administration to contain—
(A)not later than 1
business day after the date on which a human or animal food product regulated
by the Administration is voluntarily recalled a press release describing the
human or animal food product;
(B)if available, an
image of each human and animal food product that is the subject of a press
release described in subparagraph (A); and
(C)not later than 90
days after the date of enactment of this Act, a search engine that—
(i)is
consumer-friendly, as determined by the Secretary of Health and Human Services;
and
(ii)provides a means
by which an individual could locate each human and animal food product
regulated by the Administration that is voluntarily recalled.
(3)State-issued
and industry press releasesFor purposes of meeting the
requirement under paragraph (1)(A), the Secretary of Health and Human
Services—
(A)may provide to
the public a press release issued by a State; and
(B)may not provide
to the public a press release issued by a private industry entity in lieu of a
press release issued by a State or the Federal Government.
(4)Prohibition on
delegation of dutyThe Secretary of Health and Human Services may
not delegate, by contract or otherwise, the duty of the Secretary of Health and
Human Services—
(A)to provide to the
public a press release under paragraph (1); and
(B)to make any
required modification to the website of the Administration under paragraph
(2).
10.Foodborne
illness education and outreach competitive grants programTitle IV of the Agricultural Research,
Extension, and Education Reform Act of 1998 is amended by adding after section
412 (7 U.S.C. 7632) the following:
413.Foodborne
illness education and outreach competitive grants program
(a)In
this section:
(1)The
term Administrator means the Administrator of the Food Safety and
Inspection Service.
(2)The
term Commissioner means the Commissioner of Food and Drugs.
(3)The term eligible entity means—
(A)the government of
a State (including a political subdivision of a State);
(B)an educational
institution;
(C)a private
for-profit organization;
(D)a private
non-profit organization; and
(E)any other
appropriate individual or entity, as determined by the Secretary.
(b)The
Secretary (acting through the Administrator of the Cooperative State Research,
Education, and Extension Service), in consultation with the Administrator and
the Commissioner, shall establish and administer a competitive grant program to
provide grants to eligible entities to enable the eligible entities to carry
out educational outreach partnerships and programs to provide to health
providers, patients, and consumers information to enable those individuals and
entities—
(1)to
recognize—
(A)foodborne illness
as a serious public health issue; and
(B)each symptom of
foodborne illness to ensure the proper treatment of foodborne illness;
(2)to
understand—
(A)the potential for
contamination of human and animal food products during each phase of the
production of human and animal food products; and
(B)the importance of
using techniques that help ensure the safe handling of human and animal food
products; and
(3)to assess the
risk of foodborne illness to ensure the proper selection by consumers of human
and animal food products.
(c)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section $3,500,000 for fiscal year 2009 and each fiscal year
thereafter.
.