Food Safety Modernization Act of 2009

I

111

TH

CONGRESS1

ST

S

ESSION

H. R. 875

To establish the Food Safety Administration within the Department of Healthand Human Services to protect the public health by preventing food- borne illness, ensuring the safety of food, improving research on contami-nants leading to food-borne illness, and improving security of food fromintentional contamination, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

F

EBRUARY

4, 2009Ms. D

E

L

AURO

(for herself, Ms. E

SHOO

, Ms. D

E

G

ETTE

, Ms. S

CHAKOWSKY

,Mr. E

NGEL

, Ms. C

ASTOR

of Florida, Mr. M

URPHY

of Connecticut, Ms.S

UTTON

, Mrs. L

OWEY

, Ms. S

LAUGHTER

, Mr. H

INCHEY

, Mr. M

C

G

OVERN

,Ms. W

ASSERMAN

S

CHULTZ

, Ms. H

IRONO

, Mr. G

RIJALVA

, Mr. S

CHAUER

,Mr. N

ADLER

of New York, Mr. B

ISHOP

of New York, Ms. L

INDA

T.S

A

´

NCHEZ

of California, Mr. M

C

D

ERMOTT

, Mr. R

YAN

of Ohio, Ms. G

IF

-

FORDS

, Mr. F

ILNER

, Mr. H

ALL

of New York, Ms. L

EE

of California, Ms.P

INGREE

of Maine, Ms. K

APTUR

, Mr. B

ISHOP

of Georgia, Ms. M

OORE

of Wisconsin, and Mr. D

E

F

AZIO

) introduced the following bill; which wasreferred to the Committee on Energy and Commerce, and in addition tothe Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish the Food Safety Administration within the De-partment of Health and Human Services to protect thepublic health by preventing food-borne illness, ensuringthe safety of food, improving research on contaminantsleading to food-borne illness, and improving security of food from intentional contamination, and for other pur-poses.

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s m a r t i n e z o n P R O D 1 P C 6 4 w i t h B I L L S

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HR 875 IH

Be it enacted by the Senate and House of Representa-

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tives of the United States of America in Congress assembled,

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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(a) S

HORT

T

ITLE

.—This Act may be cited as the

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‘‘Food Safety Modernization Act of 2009’’.

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(b) T

ABLE OF

C

ONTENTS

.—The table of contents of

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this Act is as follows:

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Sec.1.Short title; table of contents.Sec.2.Findings; purposes.Sec.3.Definitions.TITLE I—ESTABLISHMENT OF THE FOOD SAFETY ADMINISTRATIONSec.101.Establishment of the food safety administration.Sec.102.Consolidation of food safety functions.Sec.103.Additional duties of the administration.TITLE II—ADMINISTRATION OF FOOD SAFETY PROGRAMSec.201.Administration of national program.Sec.202.Registration of food establishments and foreign food establishments.Sec.203.Preventive 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 requirements.Sec.211.Accredited laboratories.TITLE III—RESEARCH AND EDUCATIONSec.301.Public health assessment system.Sec.302.Public education and advisory system.Sec.303.Research.Sec.304.Working group on improving foodborne illness surveillance.Sec.305.Career-spanning training for food inspectors.Sec.306.Food-Borne Illness Health Registry.Sec.307.Study on Federal resources.TITLE IV—ENFORCEMENTSec.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.

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HR 875 IH

Sec.406.Presumption.Sec.407.Whistleblower protection.Sec.408.Administration and enforcement.Sec.409.Citizen civil actions.TITLE V—IMPLEMENTATIONSec.501.Reorganization plan.Sec.502.Transitional authorities.Sec.503.Savings provisions.Sec.504.Conforming amendments.Sec.505.Additional technical and conforming amendments.Sec.506.Regulations.Sec.507.Authorization of appropriations.Sec.508.Limitation on authorization of appropriations.

SEC. 2. FINDINGS; PURPOSES.

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(a) F

INDINGS

.—Congress finds that—

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(1) the safety of the food supply of the United

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States is vital to the public health, to public con-

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fidence in the food supply, and to the success of the

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