Short title

This Act may be cited as the

Making America's Food Safer Act

Expansion of the accredited third-party certification program

(a)

Revised definitions

Section 808(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(a)) is amended—(1)by striking paragraph (6) and inserting the following:

(6)

Eligible entity

The term eligible entity means a foreign or domestic entity, including a foreign or domestic facility subject to registration under section 415, in the food supply chain that chooses to be audited by an accredited third-party auditor or the audit agent of such accredited third-party auditor.

; and

(2)in paragraph (7)(B)—(A)in clause (i), by striking ; or and inserting a semicolon;(B)in clause (ii), by striking the period and inserting ; or; and(C)by adding at the end the following:

(iii)whether a facility is eligible to receive a food or facility certification for other purposes described in subsection (c)(2)(B)(ii).

(b)

Removing limitations on the use of certifications

Section 808(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(c)(2)) is amended—(1)in subparagraph (A), by striking food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity and inserting food certification or facility certification for purposes described in subparagraph (B), as appropriate,; and(2)by striking subparagraph (B) and inserting the following:

(B)

Purpose of certification

(i)

In general

The Secretary shall use certification provided by accredited third-party auditors to—(I)determine, in conjunction with any other assurances the Secretary may require under section 801(q), whether a food satisfies the requirements of such section; and(II)determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806.(ii)

Other considerations

The Secretary may consider the results of regulatory audits and food or facility certifications provided by accredited third-party auditors under this section in analyzing risks and prioritizing inspections and other regulatory activities, as appropriate for the protection of public health.

(c)

Technical and conforming amendments

Section 808 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) is amended—(1)in subsection (b)(1), by amending subparagraph (A) to read as follows:

(A)

Recognition of accreditation bodies

Not later than 2 years after the date of enactment of the Making America's Food Safer Act, the Secretary shall establish a system for the recognition of accreditation bodies that accredit third-party auditors to certify that eligible entities meet the applicable requirements of this section.

;

(2)in subsection (c)—(A)in paragraphs (1) and (2), by striking (or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary) each place it appears;(B)in paragraph (2)(C)(i), by striking food certification under section 801(q) or a facility certification described under this subparagraph (B) and inserting food certification or a facility certification described in this section;(C)in paragraph (6)(A)(i), by striking food certified under section 801(q) or from a facility certified under paragraph (2)(B) and inserting food or facility certified under this section;(D)in paragraph (6)(C), by striking requirements under section 801(q), of certifying the food, or the requirements under paragraph (2)(B) of certifying the entity and inserting requirements for certifying the food or facility under this section; and(E)in paragraph (7)(B)(i), by striking , through direct accreditation under subsection (b)(1)(A)(ii) or; and(3)in subsection (d)— (A) in paragraph (1), by striking or; (B)at the end of paragraph (2), by striking the period and inserting ; or; and(C)by adding at the end the following new paragraph:

(3)otherwise seeks certification for purposes of subsection (c)(2)(B)(ii).

Sharing food safety information with State, local, Tribal, and territorial authorities

(a)

In general

Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the following:

(d)

Sharing food safety information with State, local, Tribal, and territorial authorities

(1)

Authorization

Notwithstanding section 301(j) and any other law, regulation, or policy, the Secretary may share, with a State, local, Tribal, or territorial authority with counterpart functions related to the protection of public health, unredacted information in the possession of the Food and Drug Administration relating to any of the following:(A)Foodborne illness surveillance data.(B)Laboratory sampling testing information.(C)Inspectional information and results.(D)Distribution lists for recalls and outbreaks.(E)Consumer complaints.(F)Any other information the Secretary determines will assist such authority in protecting the public.(2)

Timing

The Secretary may share information pursuant to paragraph (1) as soon as is reasonably practicable.(3)

Limitation on further disclosure

A State, local, Tribal, or Territorial authority in receipt of information provided by the Secretary under this subsection shall not further disclose such information without permission of the Food and Drug Administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak, carry out a recall, or carry out other State enforcement activities.(4)

Effect of subsection

Nothing in this subsection affects the authority of the Secretary to enter into any written agreement authorized by other provisions of law to share confidential information.

(b)

Conforming amendment

The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by striking the second period at the end.

Destruction of certain refused articles

Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following:

(v)

Order To destroy certain refused articles

For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall issue regulations providing for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The regulations shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the Secretary of Health and Human Service’s decision to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction.