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108hr4709ih | (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; |
108hr4709ih | and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. |
108hr4709ih | (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; |
108hr4709ih | is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. |
108hr4709ih | (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. |
108hr4709ih | (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. (f) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, |
108hr4709ih | however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, |
108hr4709ih | or arouse or gratify the sexual desire of any person. (b) Conforming amendments
(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking rape, and inserting aggravated sexual abuse, aggravated sexual abuse of a child, |
108hr4709ih | (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking Rape or carnal knowledge and inserting Aggravated sexual abuse of a child or sexual abuse of a minor. (c) Clerical amendment
The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: 920. Art. 120. Sexual abuse. |
108hr4709ih | (d) Effective date
The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. |
108hr4709ih | (e) Interim maximum punishments
Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. |
108hr4709ih | (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. |
108hr4709ih | (f) No preemption
The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense. 920. Art. 120. Sexual abuse
(a) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by using force against that other person; |
108hr4709ih | (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; |
108hr4709ih | and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. |
108hr4709ih | (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; |
108hr4709ih | is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. |
108hr4709ih | (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. |
108hr4709ih | (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. (f) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, |
108hr4709ih | however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, |
108hr4709ih | or arouse or gratify the sexual desire of any person. |
108hr4776ih | 1. Bullying and Harassment Prevention Policies, Programs, and Statistics
(a) State Reporting Requirements
Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7112(c)(3)(B)(iv) ) is amended by inserting , including bullying and harassment, after violence. (b) State Application
Section 4113(a) of such Act ( 20 U.S.C. 7113(a) ) is amended— (1) in paragraph (9)— (A) in subparagraph (C), |
108hr4776ih | by striking and at the end; and (B) by adding at the end the following: (E) the incidence and prevalence of reported incidents of bullying and harassment; and (F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents; ; (2) in paragraph (18), by striking and at the end; (3) in paragraph (19), by striking the period at the end and inserting ; and ; |
108hr4776ih | and (4) by adding at the end the following: (20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement. (c) Local Educational Agency Program Application
Section 4114(d) of such Act ( 20 U.S.C. 7114(d) ) is amended— (1) in paragraph (2)(B)(i)— (A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma; |
108hr4776ih | (B) in subclause (I), by striking and at the end; and (C) by adding at the end the following: (III) performance indicators for bullying and harassment prevention programs and activities; and ; and (2) in paragraph (7)— (A) in subparagraph (A), by inserting , including bullying and harassment after disorderly conduct ; (B) in subparagraph (D), by striking and at the end; and (C) by adding at the end the following: (F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); |
108hr4776ih | and (G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including— (i) the name of the school or district officials who are designated as responsible for receiving such complaints; and (ii) timelines that the school or district will follow in the resolution of such complaints; (d) Authorized Activities
Section 4115(b)(2) of such Act ( 20 U.S.C. |
108hr4776ih | 7115(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (vi), by striking and at the end; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (viii) teach students about the consequences of bullying and harassment. |
108hr4776ih | ; and (2) in subparagraph (E), by adding at the end the following: (xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.. (e) Reporting
Section 4116(a)(2)(B) of such Act ( 20 U.S.C. 7116(a)(2)(B) ) is amended by inserting , including bullying and harassment, after drug use and violence. (f) Impact Evaluation
Section 4122 of such Act ( 20 U.S.C. |
108hr4776ih | 7132 ) is amended— (1) in subsection (a)(2), by striking and school violence and inserting school violence, including bullying and harassment, ; and (2) in the first sentence of subsection (b), by inserting , including bullying and harassment, after drug use and violence. (g) Definitions
(1) Drug and Violence Prevention
Paragraph (3)(B) of section 4151 of such Act ( 20 U.S.C. 7151 ) is amended by inserting , bullying, and other harassment after sexual harassment and abuse. |
108hr4776ih | (2) Protective Factor, Buffer, or Asset
Paragraph (6) of such section is amended by inserting , including bullying and harassment after violent behavior. (3) Risk Factor
Paragraph (7) of such section is amended by inserting , including bullying and harassment after violent behavior. (4) Bullying, Harassment, and Violence
Such section is further amended by adding at the end the following: (12) Bullying
The term bullying means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, |
108hr4776ih | religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities by placing a student in reasonable fear of physical harm. (13) Harassment
The term harassment means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, |
108hr4776ih | religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities because the conduct as reasonably perceived by the student is so severe, pervasive, and objectively offensive. |
108hr4776ih | (14) Violence
The term violence includes bullying and harassment.. (h) Effect on Other Laws
(1) Amendment
The Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: 4156. |
108hr4776ih | Effect on Other Laws
(a) Federal and State Nondiscrimination Laws
Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. |
108hr4776ih | 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws
Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.. (2) Clerical Amendment
The table of contents of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by adding after the item relating to section 4155 the following: Sec. |
108hr4776ih | 4156. Effect on other laws. 4156. Effect on Other Laws
(a) Federal and State Nondiscrimination Laws
Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. |
108hr4776ih | ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws
Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression. |
108hr4561ih | 1. Modification of treatment of adopted children
(a) In general
Section 101(b)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(i), by striking a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: and inserting a child adopted while under the age of 18 years if the child has been in the legal custody of, and has resided with, |
108hr4561ih | the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years: ; and (2) in subparagraph (F)— (A) in clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; (ii) by inserting while under the age of 18 years after who has been adopted abroad ; |
108hr4561ih | and (iii) by striking the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: and inserting the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 16 years: ; and (B) in clause (ii), |
108hr4561ih | by striking except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b). and inserting except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 18 years.. (b) Provisions effective upon entry into force of convention
(1) In general
Section 101(b)(1)(G ) of the Immigration and Nationality Act ( 8 U.S.C. |
108hr4561ih | 1101(b)(1)(G) ) is amended— (A) in the matter preceding clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; and (ii) by inserting while under the age of 18 years after who has been adopted ; and (B) in clause (i)— (i) in subclause (IV), by striking and at the end; |
108hr4561ih | and (ii) by adding at the end the following: (VI) in the case of a child who— (aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or (bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age of 16 years; and. |
108hr4561ih | (2) Effective date
The amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 ( Public Law 106–279 ). (c) Naturalization purposes
Section 101(c)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(1) ) is amended to read as follows: (1) The term child means an unmarried person under 21 years of age and includes— (A) a child legitimated under the law of the child’s residence or domicile, |
108hr4561ih | or under the law of the father’s residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and (B) except as otherwise provided in sections 320 and 321, a child adopted in the United States, if such adoption is officially initiated before the child reaches the age of 16 years and the child is in the legal custody of the adopting parent or parents at the time of such adoption. |
108hr5259ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Safe Food Act of 2004. (b) Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Establishment of Food Safety Administration Sec. 101. Establishment of Food Safety Administration. Sec. 102. Consolidation of separate food safety and inspection services and agencies. |
108hr5259ih | Sec. 103. Additional duties of the Administration. TITLE II—Administration of food safety program Sec. 201. Administration of national program. Sec. 202. Registration of food establishments and foreign food establishments. Sec. 203. Preventative 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. |
108hr5259ih | Sec. 209. Resource plan. Sec. 210. Traceback. TITLE III—Research and education Sec. 301. Public health assessment system. Sec. 302. Public education and advisory system. Sec. 303. Research. TITLE IV—Enforcement Sec. 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. Sec. |
108hr5259ih | 406. Presumption. Sec. 407. Whistleblower protection. Sec. 408. Administration and enforcement. Sec. 409. Citizen civil actions. TITLE V—Implementation Sec. 501. Definition. Sec. 502. Reorganization plan. Sec. 503. Transitional authorities. Sec. 504. Savings provisions. Sec. 505. Conforming amendments. Sec. 506. Additional technical and conforming amendments. Sec. 507. Regulations. Sec. |
108hr5259ih | 508. Authorization of appropriations. Sec. 509. Limitation on authorization of appropriations. Sec. 510. Effective date. 2. Findings; purposes
(a) Findings
Congress finds that— (1) the safety of the food supply of the United States is vital to the public health, to public confidence in the food supply, and to the success of the food sector of the Nation's economy; (2) lapses in the protection of the food supply and loss of public confidence in food safety are damaging to consumers and the food industry, and place a burden on interstate commerce; |
108hr5259ih | (3) the safety and security of the food supply requires an integrated, system-wide approach to preventing food-borne illness, a thorough and broad-based approach to basic and applied research, and intensive, effective, and efficient management of the Nation's food safety program; (4) the task of preserving the safety of the food supply of the United States faces tremendous pressures with regard to— (A) emerging pathogens and other contaminants and the ability to detect all forms of contamination; (B) an aging and immune compromised population, with a growing number of people at high-risk for food-borne illnesses; |
108hr5259ih | (C) an increasing volume of imported food, without adequate monitoring and inspection; and (D) maintenance of rigorous inspection of the domestic food processing and food service industries; (5) Federal food safety standard setting, inspection, enforcement, and research efforts should be based on the best available science and public health considerations and food safety resources should be systematically deployed in ways that most effectively prevent food-borne illness; (6) the Federal food safety system is fragmented, with at least 12 Federal agencies sharing responsibility for food safety, |
108hr5259ih | and operates under laws that do not reflect current conditions in the food system or current scientific knowledge about the cause and prevention of food-borne illness; (7) the fragmented Federal food safety system and outdated laws preclude an integrated, system-wide approach to preventing food-borne illness, to the effective and efficient operation of the Nation's food safety program, and to the most beneficial deployment of food safety resources; (8) the National Academy of Sciences recommended in the report Ensuring Safe Food from Production to Consumption that Congress establish by statute a unified and central framework for managing Federal food safety programs, and recommended modifying Federal statutes so that inspection, |
108hr5259ih | enforcement, and research efforts are based on scientifically supportable assessments of risks to public health; and (9) the lack of a single focal point for food safety leadership in the United States undercuts the ability of the United States to exert food safety leadership internationally, which is detrimental to the public health and the international trade interests of the United States. (b) Purposes
The purposes of this Act are— (1) to establish a single agency to be known as the Food Safety Administration — (A) to regulate food safety and labeling to protect the public health; |
108hr5259ih | (B) to ensure that food establishments fulfill their responsibility to produce food in a manner that protects the public health of all people in the United States; (C) to lead an integrated, system-wide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness; and (D) to provide a single focal point for food safety leadership, both nationally and internationally; (2) to transfer to the Food Safety Administration the food safety, labeling, inspection, and enforcement functions that, as of the day before the effective date of this Act, are performed by other Federal agencies; |
108hr5259ih | and (3) to modernize the Federal food safety laws to achieve more effective application and efficient management of the laws for the protection and improvement of public health. 3. Definitions
In this Act: (1) Administration
The term Administration means the Food Safety Administration established under section 101(a)(1). (2) Administrator
The term Administrator means the Administrator of Food Safety appointed under section 101(a)(3). |
108hr5259ih | (3) Adulterated
(A) In general
The term adulterated has the meaning described in subsections (a) through (c) of section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a) –(c)). (B) Inclusion
The term adulterated includes bearing or containing a contaminant that causes illness or death among sensitive populations. (4) Agency
The term agency has the meaning given that term in section 551 of title 5, United States Code. |
108hr5259ih | (5) Category 1 food establishment
The term category 1 food establishment means a food establishment that routinely slaughters animals for human consumption. (6) Category 2 food establishment
The term category 2 food establishment means a food establishment that processes raw meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and the processes of which do not include a step validated to destroy contaminants. |
108hr5259ih | (7) Category 3 food establishment
The term category 3 food establishment means a food establishment that processes meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and whose processes include a step validated to destroy contaminants. (8) Category 4 food establishment
The term category 4 food establishment means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7). |
108hr5259ih | (9) Category 5 food establishment
The term category 5 food establishment means a food establishment that stores, holds, or transports food products prior to delivery for retail sale. (10) Contaminant
The term contaminant includes a bacterium, chemical, natural or manufactured toxin, virus, parasite, prion, physical hazard, or other human pathogen that when found on or in food can cause human illness, injury, or death. (11) Contamination
The term contamination refers to a presence of a contaminant in food. |
108hr5259ih | (12) Food
(A) In general
The term food means a product intended to be used for food or drink for a human. (B) Inclusions
The term food includes any product (including a meat food product, as defined in section 1(j) of the Federal Meat Inspection Act ( 21 U.S.C. 601(j) )), capable for use as human food that is made in whole or in part from any animal, including cattle, sheep, swine, or goat, or poultry (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. |
108hr5259ih | 453 )). (C) Exclusion
The term food does not include dietary supplements, as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) ). (13) Food establishment
(A) In general
The term food establishment means a slaughterhouse, factory, warehouse, or facility owned or operated by a person located in any State that processes food. |
108hr5259ih | (B) Exclusions
For the purposes of registration, the term food establishment does not include a farm, restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3 of title 21, Code of Federal Regulations). (14) Food production facility
The term food production facility means any farm, ranch, orchard, vineyard, aquaculture facility, confined animal-feeding operation, or animal feed production facility. |
108hr5259ih | (15) Food safety law
The term food safety law means— (A) the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) related to and requiring the safety, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food under that Act; (B) the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) |
108hr5259ih | and of any other Act that are administered by the Center for Veterinary Medicine of the Food and Drug Administration; (C) the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ); (D) the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); (E) the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); (F) the Sanitary Food Transportation Act of 1990 (49 U.S.C. App. 2801 et seq. |
108hr5259ih | ); (G) the provisions of the Humane Methods of Slaughter Act of 1978 ( Public Law 95–448 ) administered by the Food Safety and Inspection Service; (H) the provisions of this Act; and (I) such other provisions of law related to and requiring food safety, labeling, inspection, and enforcement as the President designates by Executive order as appropriate to include within the jurisdiction of the Administration. |
108hr5259ih | (16) Foreign food establishment
(A) In general
The term foreign food establishment means a slaughterhouse, factory, warehouse, or facility located outside the United States that processes food that is imported into the United States without further processing or packaging inside the United States. (B) Further processing or packaging
A food shall not be considered to have undergone further processing or packaging solely because labeling was added or a similar activity of a de minimis nature was carried out with respect to the food. |
108hr5259ih | (17) Interstate commerce
The term interstate commerce has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(b) ). (18) Misbranded
The term misbranded has the meaning given that term in section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ). (19) Process
The term process or processing means the commercial harvesting, slaughter, packing, preparation, or manufacture of food. |
108hr5259ih | (20) Safe
The term safe refers to human health. (21) State
The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 101. Establishment of Food Safety Administration
(a) Establishment
(1) In general
There is established in the executive branch an agency to be known as the Food Safety Administration. |
108hr5259ih | (2) Status
The Administration shall be an independent establishment (as defined in section 104 of title 5, United States Code). (3) Head of Administration
The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Duties of Administrator
The Administrator shall— (1) administer and enforce the food safety law; (2) serve as a representative to international food safety bodies and discussions; (3) promulgate regulations to ensure the security of the food supply from all forms of contamination, |
108hr5259ih | including intentional contamination; and (4) oversee— (A) implementation of Federal food safety inspection, enforcement, and research efforts, to protect the public health; (B) development of consistent and science-based standards for safe food; (C) coordination and prioritization of food safety research and education programs with other Federal agencies; (D) prioritization of Federal food safety efforts and deployment of Federal food safety resources to achieve the greatest possible benefit in reducing food-borne illness; (E) coordination of the Federal response to food-borne illness outbreaks with other Federal and State agencies; |
108hr5259ih | and (F) integration of Federal food safety activities with State and local agencies. 102. Consolidation of separate food safety and inspection services and agencies
(a) Transfer of functions
For each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the effective date of this Act (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety law, as determined by the President. |
108hr5259ih | (b) Transferred agencies
The Federal agencies referred to in subsection (a) are— (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration; (3) the part of the Agriculture Marketing Service that administers shell egg surveillance services established under the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); (4) the resources and facilities of the Office of Regulatory Affairs of the Food and Drug Administration that administer and conduct inspections of food establishments and imports; |
108hr5259ih | (5) the resources and facilities of the Office of the Commissioner of the Food and Drug Administration that support— (A) the Center for Food Safety and Applied Nutrition; (B) the Center for Veterinary Medicine; and (C) the Office of Regulatory Affairs facilities and resources described in paragraph (4); (6) the Center for Veterinary Medicine of the Food and Drug Administration; (7) the resources and facilities of the Environmental Protection Agency that control and regulate pesticide residues in food; (8) the part of the Research, Education, and Economics mission area of the Department of Agriculture related to food safety and animal feed research; |
108hr5259ih | (9) the part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce that administers the seafood inspection program; and (10) such other offices, services, or agencies as the President designates by Executive order to carry out this Act. 103. |
108hr5259ih | Additional duties of the Administration
(a) Officers and employees
The Administrator may— (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. |
108hr5259ih | (b) Experts and consultants
The Administrator may— (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. |
108hr5259ih | (c) Bureaus, offices, and divisions
The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. 201. Administration of national program
(a) In general
The Administrator shall— (1) administer a national food safety program (referred to in this section as the program ) to protect public health; and (2) ensure that persons who produce or process food for human consumption meet their responsibility to prevent or minimize food safety hazards related to their products. |
108hr5259ih | (b) Comprehensive analysis
The program shall be based on a comprehensive analysis of the hazards associated with different food and with the processing of different food, including the identification and evaluation of— (1) the severity of the potential health risks; (2) the sources and specific points of potential contamination extending from the farm or ranch to the consumer that may render food unsafe for human consumption; (3) the potential for persistence, multiplication, or concentration of naturally occurring or added contaminants in food; (4) opportunities across the food production, processing, distribution, and retail system to reduce potential health risks; and (5) opportunities for intentional contamination. |
108hr5259ih | (c) Program elements
In carrying out the program, the Administrator shall— (1) implement a national system for the registration of food establishments and foreign food establishments and regular unannounced inspection of food establishments; (2) enforce the adoption of process controls in food establishments, based on best available scientific and public health considerations and best available technologies; (3) establish and enforce science-based standards for— (A) substances that may contaminate food; and (B) safety and sanitation in the processing and handling of food; |
108hr5259ih | (4) implement a sampling program to ensure that industry programs and procedures that prevent food contamination are effective on an ongoing basis and that food meets the standards established under this Act; (5) implement procedures and requirements to ensure the safety and security of imported food; (6) coordinate with other agencies and State or local governments in carrying out inspection, enforcement, and monitoring; (7) have access to the surveillance data of the Centers for Disease Control and Prevention, and other Federal Government agencies, in order to implement a national surveillance system to assess the health risks associated with the human consumption of food; |
108hr5259ih | (8) develop public education risk communication and advisory programs; (9) implement a research program to further the purposes of this Act; and (10) coordinate and prioritize food safety research and educational programs with other agencies, including State or local agencies. 202. Registration of food establishments and foreign food establishments
(a) In general
The Administrator shall by regulation require that any food establishment or foreign food establishment engaged in processing food for human consumption in the United States be registered with the Administrator. |
108hr5259ih | (b) Registration requirements
(1) In general
To be registered under subsection (a)— (A) in the case of a food establishment, the owner, operator, or agent in charge of the food establishment shall submit a registration to the Administrator; and (B) in the case of a foreign food establishment, the owner, operator, or agent in charge of the foreign food establishment shall— (i) submit a registration to the Administrator; and (ii) provide the name, address, and emergency contact information of the United States agent for the foreign food establishment. |
108hr5259ih | (2) Registration
A food establishment or foreign food establishment shall submit a registration under paragraph (1) to the Administrator that— (A) identifies the name, address, and emergency contact information of each food establishment or foreign food establishment that the registrant operates under this Act and all trade names under which the registrant conducts business relating to food; (B) lists the primary purpose and business activity of each food establishment or foreign food establishment, including the dates of operation if the food establishment or foreign food establishment is seasonal; (C) lists the types of food processed or sold at each food establishment or, |
108hr5259ih | for foreign food establishments selling food for consumption in the United States, identifies the specific food categories of that food as listed under section 170.3 of title 21, Code of Federal Regulations; and (D) not later than 30 days after a change in the products, function, or legal status of the food establishment or foreign food establishment (including cessation of business activities), notifies the Administrator of the change. |
108hr5259ih | (3) Procedure
Upon receipt of a completed registration described in paragraph (1), the Administrator shall notify the registrant of the receipt of the registration and assign a registration number to each food establishment and foreign food establishment. (4) List
The Administrator shall compile and maintain an up-to-date list of food establishments and foreign food establishments that are registered under this section. |
108hr5259ih | (5) Disclosure exemption
The disclosure requirements under section 552 of title 5, United States Code, shall not apply to— (A) the list compiled under paragraph (4); and (B) information derived from the list under paragraph (4), to the extent that it discloses the identity or location of a specific registered person. (6) Suspension of registration
(A) In general
The Administrator may suspend the registration of a food establishment or foreign food establishment, including the facility of an importer, for violation of a food safety law. |
108hr5259ih | (B) Notice and opportunity for hearing
The Administrator shall provide notice to a registrant immediately upon the suspension of the registration of the facility and provide registrant with an opportunity for a hearing within 3 days of the suspension. (7) Reinstatement
A registration that is suspended under this section may be reinstated pursuant to criteria published in the Federal Register by the Administrator. 203. Preventative process controls to reduce adulteration of food
(a) In general
The Administrator shall, upon the basis of best available public health, scientific, and technological data, |
108hr5259ih | promulgate regulations to ensure that food establishments— (1) process food in a sanitary manner; (2) limit the presence of potentially harmful contaminants in food; (3) implement appropriate measures of preventative process control to minimize and reduce the presence and growth of contaminants in food and meet the performance standards established under section 204; (4) process all fully processed or ready-to-eat food in a sanitary manner, using reasonably available techniques and technologies to eliminate any potentially harmful contaminants; and (5) label food intended for final processing outside commercial food establishments with instructions for handling and preparation for consumption that, when adhered to, |
108hr5259ih | will destroy contaminants. (b) Regulations
Not later than 1 year after the effective date of this Act, the Administrator shall promulgate regulations that— (1) require all food establishments to adopt preventative process controls that are— (A) adequate to protect the public health; (B) meet relevant regulatory and food safety standards; and (C) limit the presence and growth of contaminants in food prepared in a food establishment; (2) set standards for sanitation; (3) meet any performance standards for contaminants established under section 204; (4) require recordkeeping to monitor compliance; |
108hr5259ih | (5) require sampling and testing at a frequency and in a manner sufficient to ensure that process controls are effective on an ongoing basis and that regulatory standards are being met; and (6) provide for agency access to records kept by food establishments and submission of copies of the records to the Administrator, as the Administrator determines appropriate. (c) Processing controls
The Administrator may require any person with responsibility for or control over food or food ingredients to adopt process controls, if the process controls are needed to ensure the protection of the public health. 204. |
108hr5259ih | Performance standards for contaminants in food
(a) In general
To protect the public health, the Administrator shall establish by regulation and enforce performance standards that define, with respect to specific food-borne contaminants and foods, the level of food safety performance that a person responsible for producing, processing, or selling food shall meet. (b) Identification of contaminants; performance standards
(1) In general
Not later than 6 months after the date of enactment of this Act, the Administrator shall identify the food-borne contaminants and food that contribute significantly to the risk of food-borne illness. |
108hr5259ih | (2) Performance standards
As soon as practicable after the identification of the contaminants under paragraph (1), the Administrator shall establish appropriate performance standards to protect against all food-borne contaminants. (3) Significant contaminants
The Administrator shall establish performance standards for the 5 most significant contaminants associated with raw meat, poultry, and seafood not later than 3 years after the date of enactment of this Act. |
108hr5259ih | (c) Performance standards
(1) In general
The performance standards established under this section shall include— (A) health-based standards that set the level of a contaminant that can safely and lawfully be present in food; (B) zero tolerances, in addition to any zero-tolerance standards in effect on the day before the date of enactment of this Act, when necessary to protect against significant adverse health outcomes; (C) process standards, such as log reduction criteria for cooked products, when sufficient to ensure the safety of processed food; |
108hr5259ih | and (D) in the absence of data to support a performance standard described in subparagraph (A), (B), or (C), standards that define required performance in terms of “best reasonably achievable performance”, using best available technologies, interventions, and practices. (2) Best reasonably achievable performance standards
In developing best reasonably achievable performance standards, the Administrator shall collect, or contract for the collection of, data on current best practices and food safety outcomes related to the contaminants and foods in question, as the Administrator determines necessary. |
108hr5259ih | (3) Revocation by administrator
All performance standards, tolerances, action levels, or other similar standards in effect on the date of enactment of this Act shall remain in effect until revised or revoked by the Administrator. (d) Enforcement
(1) In general
Not later than 1 year after the promulgation of a performance standard under this section, the Administrator shall implement a sampling program to determine whether food establishments are complying with the performance standards promulgated under this section. |
108hr5259ih | The program established under this paragraph shall be at least as stringent as the Hazard Analysis and Critical Control Point System requirements established under part 417 of title 9, Code of Federal Regulations (or successor regulation). |
108hr5259ih | (2) Inspections
If the Administrator determines that a food establishment fails to meet a standard promulgated under this section, and such establishment fails to take appropriate corrective action as determined by the Administrator, the Administrator shall, as appropriate— (A) detain, seize, or condemn food from the food establishment under section 402; (B) order a recall of food from the food establishment under section 403; (C) increase the inspection frequency for the food establishment; (D) withdraw the mark of inspection from the food establishment, if in use; or (E) take other appropriate enforcement action concerning the food establishment. |
108hr5259ih | (e) Newly Identified contaminants
Notwithstanding any other provision of this section, the Administrator shall promulgate interim performance standards for newly identified contaminants as necessary to protect the public health. 205. Inspections of food establishments
(a) In general
The Administrator shall establish an inspection program, which shall include sampling and testing of food and food establishments, to determine if each food establishment— (1) is operating in a sanitary manner; (2) has continuous systems, interventions, and processes in place to minimize or eliminate contaminants in food; (3) is in compliance with applicable performance standards established under section 203, |
108hr5259ih | and other regulatory requirements; (4) is processing food that is safe for human consumption and not adulterated or misbranded; (5) maintains records of process control plans under section 203, and other records related to the processing, sampling, and handling of food; and (6) is in compliance with the requirements of the food safety law. (b) Establishment categories and inspection frequencies
The resource plan required under section 209, including the description of resources required to carry out inspections of food establishments, shall be based on the following categories and inspection frequencies, |
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