(I) contaminated agriculture and food products; and > --The Secretary shall establish procedures to reinstate the accreditation of a third-party auditor for which accreditation has been withdrawn under paragraph (6)-- "(1) In general. (C) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock. "(f) Critical Information. (C) the National Infrastructure Protection Plan; "(1) In general. "(2) No effect on inspection authority.--Nothing in this section affects the authority of the Secretary to inspect any eligible entity pursuant to this Act.". 30/10/2020. (2) Inspection report.-- (ii) records of recipients of a food beyond the immediate subsequent recipient of such food; or "(1) the preventive controls implemented under subsection (c) are adequate to control the hazards identified under 307. Sec. "(A) The Seafood Hazard Analysis Critical Control Points Program of the Food and Drug Administration. "(2) Encouraged features.--The Secretary shall encourage projects carried out using grant funds under this section to include co-management of food safety, conservation systems, and ecological health. "(a) In General.--No entity engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee)-- (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and An overview of the Financial Services and Markets Act 2000 (FSMA), the framework legislation for the regulation of the UK financial services sector. "(1) Audit agent.--The term `audit agent' means an individual who is an employee or agent of an accredited third-party auditor and, although not individually accredited, is qualified to conduct food safety audits on behalf of an accredited third-party auditor. 331), as amended by section 211, is amended by adding at the end the following: "(zz) The importation or offering for importation of a food if the importer (as defined in section 805) does not have in place [Page 124 STAT. 106. Information for consumers, health professionals, and industry members on how to report a problem with food, dietary supplements, and cosmetics from the Center for Food Safety and Applied Nutrition. (I) the Federal Government; (3) Report. "(A) an assurance that the eligible entity has developed plans to engage in the types of activities described in subsection (a); (E) Exemption of other foods.--The Secretary may, by notice in the Federal Register, modify the requirements under this subsection with respect to, or exempt a food or a type of facility from, the requirements of this subsection (other than the requirements under subparagraph (F), if applicable) if the Secretary determines that product tracing requirements for such food (such as bulk or commingled ingredients that are intended to be processed to destroy pathogens) or type of facility is not necessary to protect the public health. Before sharing sensitive information, make sure you're on a federal government site. "(iv) Relief standard.--Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. "(D) coordination to detect and investigate violations under applicable Federal law; Fraudulent credit offers. (E) the Packers and Stockyards Act, 1921 (7 U.S.C. (M) include a process by which the Secretary may remove a high-risk food designation developed under paragraph (2) for a food or type of food. Sec. 1011. (D) the National Preparedness Goals; and To the extent practicable, the Secretary shall take the performance of such a grant recipient into account when determining whether to continue funding for such recipient. (3) Delivery of information requested.--The owner, operator, or agent of a farm shall deliver the information requested under paragraph (1) in a prompt and reasonable manner. (iv) decontaminating and restoring areas affected by an agriculture or food emergency. (A) the costs and benefits associated with the adoption and use of several product tracing technologies, including technologies used in the pilot projects under subsection (a); (c) Limited Distribution.--In the interest of national security, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, may determine the manner and format in which the National Agriculture and Food Defense strategy established under this section is made publicly available on the Internet Web sites of the Department of Health and Human Services, the Department of Homeland Security, and the Department of Agriculture, as described in subsection (a)(1). (2) in amounts that constitute not more than 5 percent of the overall sales of such facility, as determined by the Secretary of the Treasury. "(4) The rigor and effectiveness of the activities conducted by the importer of such article of food to satisfy the requirements of the foreign supplier verification program under section 805. Form 2020: Food Safety Modernization Act (FSMA) | (Arizona) On average this form takes 12 minutes to complete. (c) Improving Food Safety and Defense Capacity at the State and Local Level.-- SEC. "(1) In general.--Not later than 30 months after the date of enactment of the FDA Food Safety Modernization Act, food testing shall be conducted by Federal laboratories or non-Federal laboratories that have been accredited for the appropriate sampling or analytical testing methodology or methodologies by a recognized accreditation body on the registry established by the Secretary under subsection (a)(1)(B) whenever such testing is conducted-- 103. 3899] date that is 6 months after the effective date of such regulations; and "(A) of the recall to consumers and retailers to whom such article was, or may have been, distributed; and A recipient of a grant described in the preceding sentence shall, at the end of each grant year, provide the Secretary with information on how grant funds were spent and the status of the efforts by such recipient to enhance food safety. (E) Share information on a timely basis among public health and food regulatory agencies, with the food industry, with health care providers, and with the public. (b) Regulations.-- > Not later than 120 days after the date of enactment of this Act, the Secretary shall issue an interim final rule amending subpart K of part 1 of title 21, Code of Federal Regulations, to implement the amendment made by this section. (ii) specific on-farm manufacturing and processing activities as such activities relate to specific foods that are not consumed on that farm or on another farm under common ownership. (6) an evaluation of alternative measures to prevent, eliminate, or reduce to an acceptable level the occurrence of foodborne illness; and French . (a) S hort Title.--This Act may be cited as the "FDA Food Safety Modernization Act". (A) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (C) inform the promulgation of regulations under subsection (d). "(1) In general.--The Secretary shall measure the status and success of each grant program authorized under the FDA Food Safety Modernization Act (and any amendment made by such Act), including the grant program under this section. (b) Increased Number of Field Staff.-- "(B) coordination of inspections of foreign facilities to increase the percentage of imported seafood and seafood facilities inspected; (i) > Effective Dates.-- "(C) comply with chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'), with special attention to minimizing the burden (as defined in section 3502(2) of such Act) on the business, and collection of information (as defined in section 3502(3) of such Act), associated with such regulations; "(D) acknowledge differences in risk and minimize, as appropriate, the number of separate standards that apply to separate foods; and 102. Surveillance.Sec. 420. 3969] committed a violation of subsection (a) of the Secretary's findings. "(i) In general. "(5) Conflicts of interest.-- (ii) activities that constitute on-farm manufacturing or processing of food that is not consumed on that farm or on another farm under common ownership for purposes of such section 415. (A) In general. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. "(i) Year 1.--In the 1-year period following the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall inspect not fewer than 600 foreign facilities. "(i) manufacturing, processing, packing, transporting, distributing, receiving, holding, or importing and selling such article; and "(A) the responsible party for each domestic facility (as defined in section 415(b)) and the United States agent [Page 124 STAT. > FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE. (j) Enforcement.-- "(D) the number of domestic facilities and the number of foreign facilities registered pursuant to section 415 that were scheduled for inspection in the previous fiscal year and which the Secretary did not inspect in such year; "(A) In general.--Notwithstanding any other 303. "(B) to define, for purposes of this section, the terms `small business' and `very small business', taking into consideration the study described in subsection (l)(5). 350d), as amended by this Act, if applicable, and shall apply only to small businesses and very small businesses, as defined in the regulation promulgated under section 418(n) of the Federal Food, Drug, and Cosmetic Act (as added under subsection (a)). (3) shall not be written to be facility-specific. "(g) Public Notification.--In conducting a recall under this section, the Secretary shall-- 743. (d) Voluntary Nature of Guidelines.-- ), as amended by section 301, is amended by adding at the end the following: "SEC. Food allergy and anaphylaxis management.Sec. "(f) Cooperation and Consultation.--The Secretary shall work with State and local public health officials in carrying out this section, as appropriate. (B) the Poultry Products Inspection Act (21 U.S.C. (4) alter or limit the authority of the Secretary of Agriculture under the laws administered by such Secretary, including-- "(4) Definitions.-- "(3) > if available, publish on the Internet Web site of the Food and Drug Administration an image of the article that is the subject of the press release described in (1). > --Facilities shall be subject to the requirements of this subsection beginning on the earlier of-- "(h) Written Plan and Documentation.--The owner, operator, or agent in charge of a facility shall prepare a written plan that documents and describes the procedures used by the facility to comply with the requirements of this section, including analyzing the hazards under subsection (b) and identifying the preventive controls adopted under subsection (c) to address those hazards. > --Not later than 1 year after the date of enactment of this Act, and thereafter as the Secretary determines necessary, the Secretary shall designate high-risk foods for which the additional recordkeeping requirements described in paragraph (1) are appropriate and necessary to protect the public health. (d) Small Entity Compliance Policy Guide. "(g) Clarification.--This section shall not apply to produce that is produced by an individual for personal consumption. French . (b) Regulations. "(A) the date on which the Secretary issues regulations under paragraph (5); or "(e) Exemption of Seafood, Juice, and Low-acid Canned Food Facilities in Compliance With HACCP.--This section shall not apply to a facility if the owner, operator, or agent in charge of such facility is required to comply with, and is in compliance with, 1 of the following standards and regulations with respect to such facility: "(7) Any other factor that the Secretary determines appropriate. Sec. "(aa) in the same State as the qualified facility that sold the food to such restaurant or establishment; or "(i) arranging, conducting, and evaluating the results of reinspections; and (1) provides ongoing surveillance, rapid detection, and surge capacity for large-scale food-related emergencies, including intentional adulteration of the food supply; (1) In general.--The strategy shall include a description of the process to be used by the Department of Health and Human Services, the Department of Agriculture, and the Department of Homeland Security-- "(3) Content.--The proposed rulemaking under paragraph (1) shall-- "(iv) individuals who conduct the sampling and analyses are qualified by training and experience to do so; and "(1) identify and evaluate known or reasonably foreseeable hazards that may be associated with the facility, including-- "(B) shall promptly revoke the recognition of any accreditation body found not to be in compliance with the requirements of this section, specifying, as appropriate, any terms and conditions necessary for laboratories accredited by such body to continue to perform testing as described in this section. Food FSMA abbreviation meaning defined here. 601 et seq. "(A) Recognition of accreditation bodies.-- "(A) the term `anabolic steroid' has the meaning given such term in section 102(41) of the Controlled Substances Act; and "(I) in the same State as the farm that produced the food; or "(i) the consumer of the food; or 6333(c)). "(D) Bad faith claim.--If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys' fee, not exceeding $1,000, to be paid by the complainant. "(A) Rulemaking. "(ww) The failure to comply with section 420.". Already registered? Sec. 305. 04/11/2020. ); "(4) Limitation on amount of certain fees.-- (c) No Duplication of Efforts.--The Secretary shall coordinate with the Secretary of Agriculture to avoid issuing duplicative guidance on the same contaminants. (4) Limitation.--A request made under paragraph (1) shall not include a request for information relating to the finances, pricing of commodities produced, personnel, research, sales (other than information relating to shipping), or other disclosures that may reveal trade secrets or confidential information from the farm to which the article of food has been traced, other than information necessary to identify potential immediate recipients of such food. Such report shall include a description of the following: (B) detect, track, and remove smuggled food (as defined in section 309) from commerce. "(B) the use of such methodology or methodologies are necessary to prevent, control, or mitigate a food emergency or foodborne illness outbreak. Only those parties described in 801(q)(3) or the Secretary may provide a food certification under 301(g). > --The Secretary shall make the reports required under subsection (h) available to the public on the Internet Web site of the Food and Drug Administration.". What does FSMA stand for in Government? "(ii) such condition. (b) Food Transportation Study.--The Secretary, acting through the Commissioner of Food and Drugs, shall conduct a study of the transportation of food for consumption in the United States, including transportation by air, that includes an examination of the unique needs of rural and frontier areas with regard to the delivery of safe food. "(d) National Food Safety Training, Education, Extension, Outreach and Technical Assistance Program.-- (1) an assessment of how post harvest processing or other equivalent controls feasibly may be implemented in the fastest, safest, and most economical manner; Sec. "(b) Accreditation System.-- (B) the Public Health Service Act (42 U.S.C. The Secretary may promulgate such regulations on an interim final basis. "(A) In general.--A qualified facility that is exempt from the requirements under subsections (a) through (i) and subsection (n) and does not prepare documentation under paragraph (2)(B)(i)(I) shall-- Compliance with international agreements. ); "(5) Review.-- "(iii) > annually make available to the Secretary disclosures of the extent to which such agent has maintained compliance with clauses (i) and (ii) relating to financial conflicts of interest. (i) Flexibility for Small Businesses. > --Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security and the Secretary of Agriculture, shall issue guidance documents related to protection against the intentional adulteration of food, including mitigation strategies or measures to guard against such adulteration as required under section 420 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). SEC. "(B) a recall of food under this Act. (2) reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and To enable field fillable functionality of FDA forms, they must be downloaded. (3) by striking the last sentence; and 3915] developing and improving an automated risk assessment system for food safety surveillance and allocation of resources. 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