A Glimps into S 510, the Food Safety Modernization Act of 2010

Let us hope this bill is defeated, but these damn marxist will never give up. It won’t be long and they will try to sneak the bill past us again. To me this piece of legislation represents ignition point.

S.510
Title: FDA Food Safety Modernization Act
Sponsor: Sen Durbin, Richard [IL] (introduced 3/3/2009) Cosponsors (17)
Related Bills: H.R.1332
Latest Major Action: 12/18/2009 Placed on Senate Legislative Calendar under General Orders. Calendar No. 247.SUMMARY AS OF:
12/18/2009—Reported to Senate amended. (There is 1 other summary)

FDA Food Safety Modernization Act - Title I: Improving Capacity to Prevent Food Safety Problems - (Sec. 101) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (HHS) to inspect records related to food, including to: (1) allow the inspection of records of food that the Secretary reasonably believes is likely to be affected in a similar manner as an adulterated food; and (2) require that each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food permit inspection of his or her records if the Secretary believes that there is a reasonable probability that the use of or exposure to such food will cause serious adverse health consequences or death.

(Sec. 102) Authorizes the Secretary to suspend the registration of a food facility if the food manufactured, processed, packed, or held by a facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals.

(Sec. 103) Requires each owner, operator, or agent in charge of a food facility to: (1) evaluate the hazards that could affect food; (2) identify and implement preventive controls; (3) monitor the performance of those controls; and (4) maintain records of such monitoring. Deems facilities required to comply with certain food-specific standards to be in compliance with this section. Requires the Secretary to promulgate regulations to establish science-based minimum standards for conducting a hazard analysis, documenting hazards, implementing preventive controls, and documenting such implementation.

Prohibits the operation of a facility that manufactures, processes, packs, or holds food for sale in the United States if the owner, operator, or agent in charge of such facility is not in compliance with this section.

Delays implementation of this section for small businesses.

(Sec. 104) Directs the Secretary to: (1) review and evaluate relevant health data and other information to determine the most significant foodborne contaminants; and (2) issue contaminant-specific and science-based guidance documents, action levels, or regulations.

(Sec. 105) Sets forth provisions related to produce safety, including to require the Secretary to: (1) establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities to minimize the risk of serious adverse health consequences or death; and (2) publish updated good agricultural practices and guidance for the safe production and harvesting of specific types of fresh produce.

(Sec. 106) Requires the Secretary to promulgate regulations to protect against the intentional adulteration of food.

(Sec. 107) Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; (3) the voluntary qualified importer program; and (4) importer reinspection.

Applies export certification provisions to food.

(Sec. 108) Requires the Secretary and the Secretary of Agriculture to prepare and submit to the relevant congressional committees and make public the National Agriculture and Food Defense Strategy, which shall include: (1) an implementation plan; (2) a coordinated research agenda; and (3) a process to achieve, and evaluate progress towards, goals.

(Sec. 109) Directs the Secretary of Homeland Security (DHS) to report annually on the activities of the Food and Agriculture Government Coordinating Council and the Food and Agriculture Sector Coordinating Council.

(Sec. 110) Requires the HHS Secretary to submit to Congress: (1) a comprehensive report that identifies programs and practices that are intended to promote the safety and supply chain security of food and to prevent outbreaks of foodborne illness and other food-related hazards that can be addressed through preventive activities; and (2) biennial reports on food safety programs and practices following the submission of the comprehensive report.

Requires the HHS Secretary and the Secretary of Agriculture to submit to Congress, biennially, a joint food safety and food defense research plan.

(Sec. 111) Requires the HHS Secretary to promulgate regulations on sanitary transportation practices for the transportation of food.

(Sec. 112) Requires the Secretary to develop and make available to local educational agencies, schools, early childhood education programs, and interested entities and individuals guidelines for developing plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs, to be implemented on a voluntary basis. Sets forth issues for such guidelines to address, including: (1) parental obligation to provide documentation of their child’s food allergy; (2) the creation of an individual plan for food allergy management; (3) communication strategies between schools or childhood education programs and providers of emergency medical services; and (4) strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas, such as cafeterias.

Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.

Title II: Improving Capacity to Detect and Respond to Food Safety Problems - (Sec. 201) Requires the Secretary to: (1) allocate resources to inspect facilities and articles of food imported into the United States based on their risk profiles; (2) increase the frequency of inspection of all facilities; and (3) report to the appropriate congressional committees annually on food facility and food import inspections.

(Sec. 202) Requires the Secretary to: (1) recognize bodies that accredit laboratories with a demonstrated capability to conduct analytical testing of food products; (2) establish a publicly available registry of accreditation bodies; (3) develop model standards that an accreditation body shall require laboratories to meet; and (4) periodically reevaluate accreditation bodies and revoke recognition of any not in compliance with this section.

Sets forth requirements for mandatory testing, including that: (1) testing be conducted by federal laboratories or accredited nonfederal laboratories; and (2) results of such testing be sent directly to the Food and Drug Administration (FDA). Requires the Secretary to review results from any sampling and testing that lead to a state or locality issuing a food recall to evaluate the need for a national recall or other compliance and enforcement activities.

Requires the Secretary to report to the relevant congressional committees on the progress in implementing a national food emergency response laboratory network.

(Sec. 203) Directs the DHS Secretary to maintain an agreement through which relevant laboratory network members will: (1) agree on common laboratory methods in order to facilitate the sharing of knowledge and information; (2) identify means by which each member could work cooperatively to optimize national laboratory preparedness and provide surge capacity during emergencies; and (3) engage in ongoing dialogue and build relationships that will support a more effective and integrated response during emergencies. Sets forth reporting requirements.

(Sec. 204) Requires the HHS Secretary to: (1) improve tracking and tracing of fruits and vegetables that are raw agricultural commodities in the event of a foodborne illness outbreak; and (2) establish standards for the type of information, format, and timeframe for persons to submit records to aid the Secretary in such tracking and tracing.

(Sec. 205) Requires the Secretary to establish a pilot project to explore and evaluate methods for rapidly and effectively tracking and tracing processed food so that the Secretary may quickly identify the source of an outbreak involving such a processed food and the recipients of the contaminated food.

(Sec. 206) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses.

Requires the Secretary to: (1) develop and implement strategies to leverage and enhance the food safety and defense capacities of state and local agencies to achieve specified goals, including improving foodborne illness outbreak response and containment; and (2) complete a review of state and local capacities and needs for enhancement not later than one year after enactment of this Act.

Reauthorizes appropriations for grants to states and Indian tribes to expand participation in networks to enhance federal, state, and local food safety efforts, including meeting the costs of establishing and maintaining the food safety surveillance, technical, and laboratory capacity needed for such participation.

(Sec. 207) Authorizes the Secretary to: (1) provide a responsible party with an opportunity to cease distribution and recall an adulterated or misbranded article of food if the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals; (2) order a responsible party to immediately cease distribution and provide notice to relevant persons if the responsible party does not voluntarily cease distribution of or recall such article of food; and (3) order a recall if the Secretary determines that removal of the article from commerce is necessary, but only after providing an opportunity for a hearing.

(Sec. 208) Revises the standard for the administrative detention of food to allow such a detention if the FDA has reason to believe that such article is adulterated or misbranded.

(Sec. 209) Requires the Administration of the Environmental Protection Agency (EPA) to provide support for, and technical assistance to, state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency.

(Sec. 210) Requires the Secretary to set standards and administer training and education programs for the employees of state, local, territorial, and tribal food safety officials relating to the regulatory responsibilities and policies established by this Act.

Authorizes and encourages the Secretary to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this Act through the officers and employees of such state, local, territorial, or tribal agency.

(Sec. 211) Expands the program for grants to states, territories, and Indian tribes for inspections to include grants to: (1) train to HHS standards for the examination, inspection, and investigation of food manufacturing, processing, packing, holding, distribution, and importation; (2) build the capacity of the laboratories for food safety; (3) build the infrastructure and capacity of the food safety programs; and (4) take appropriate action to protect the public health in response to a recall of food under the FFDCA.

Title III: Improving the Safety of Imported Food - (Sec. 301) Requires U.S. importers to perform risk-based foreign supplier verification activities to verify that imported food is produced in compliance with applicable requirements related to hazard analysis and standards for produce safety and is not adulterated or misbranded. Requires the Secretary to issue guidance to assist U.S. importers in developing foreign supplier verification programs.

(Sec. 302) Requires the Secretary to: (1) establish a program to provide for the expedited review and importation of food offered for importation by U.S. importers who have voluntarily agreed to participate in such program; and (2) issue a guidance document related to participation and compliance with such program.

(Sec. 303) Requires imported food that fails to meet requirements for a certification or other assurance that the food meets applicable FFDCA requirements to be refused admission.

Authorizes the Secretary to require, as a condition of granting admission to an article of food into the United States, that an entity provide a certification or other assurances that the article of food complies with applicable FFDCA requirements.

(Sec. 304) Directs the Secretary to require, prior to importation of an article of food, notice of any country to which such article has been refused entry.

(Sec. 305) Requires the Secretary to determine whether a country can provide reasonable assurances that the food supply of the country meets or exceeds the safety of food manufactured, processed, packed, or held in the United States.

(Sec. 306) Directs the Secretary to develop a comprehensive plan to expand the technical, scientific, and regulatory capacity of foreign governments and food industries from which foods are exported to the United States.

(Sec. 307) Authorizes the Secretary to enter into arrangements and agreements with foreign governments to facilitate the inspection of registered foreign facilities. Requires the Secretary to direct resources to inspections of foreign facilities, supplies, and food types to help ensure the safety and security of the U.S. food supply.

Requires food to be refused admission into the United States if permission to inspect the food facility is denied by the facility owner, operator, or agent or the foreign country.

(Sec. 308) Sets forth provisions governing the establishment of a system to recognize bodies that accredit third-party auditors and audit agents to certify that eligible entities meet applicable FFDCA requirements for importation of food into the United States.

(Sec. 309) Requires the Secretary to establish offices of the Food and Drug Administration (FDA) in foreign countries to provide assistance to the appropriate governmental entities with respect to measures to provide for the safety of articles of food and other products regulated by the FDA that are exported by such countries to the United States.

(Sec. 310) Requires the Secretary to: (1) develop and implement a strategy to better identify sand prevent entry into the United States of smuggled food; and (2) notify the DHS Secretary not later than ten days after identifying a smuggled food that would cause serious adverse health consequences or death to humans or animals. Requires a press release to warn consumers and vendors about a potential threat from smuggled food if certain requirements are met.

Title IV: Miscellaneous Provisions - (Sec. 401) Authorizes appropriations for FY2010-FY2014 for the activities of the Center for Food Safety and Applied Nutrition, the Center for Veterinary Medicine, and related field activities in the Office of Regulatory Affairs of the FDA. Directs the HHS Secretary to increase the field staff of such Centers and Office.

(Sec. 402) Establishes whistleblower protections for employees of entities involved in the manufacturing, processing, packing, transporting, distribution, reception, holding, or importation of food who provide information relating to any violation of the FFDCA.

(Sec. 404) Declares that nothing in this Act shall be construed in a manner inconsistent with the agreement establishing the World Trade Organization or any other treaty or international agreement to which the United States is a party.

(Sec. 405) Requires the Secretary to update the Fish and Fisheries Products Hazards and Control Guidance to take into account advances in technology.

(Sec. 406) Requires the Secretary, acting through the Commissioner of Food and Drugs, to study the transportation of food for consumption in the United States, including an examination of the unique needs of rural and frontier areas with regard to the delivery of safe food.
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If this passes, do you think Michelle Obama will be arrested for her garden at the White House?

Amazing to think someone is going to stop me from planting a garden in my own yard. They can have my yellow squash when the pry it from my cold, dead fingers.

Revelations: 16 - He also forced everyone, small and great, rich and poor, free and slave, to receive a mark on his right hand or on his forehead, 17 - so that no one could buy or sell unless he had the mark, which is the name of the beast or the number of his name.

My KJV says "in" not "on". Sounds trivial as far as translation differences, but I think it is relevant. Implants or retinal scans, biometrics could explain.

Durbin did not originate the bill, it originated in the House. Dingell was the sponsor. It originated as HR2749.

SFL

Glimps?

Implants or retinal scans, biometrics could explain.

Sure, keep in mind this is from the perspective of someone in the first century. I can imagine showing a card in your hand, badge around the neck, chip implant and etc being described as a mark on/in the hand or head.

The main theme is that everyone will need a number to buy or sell anything. The number of man IMO is our SSN. It has 9 digits and 666 can be deciphered (6+6+6 = 18, 1+8 = 9). The number 9 is thought of as a "magic" number throughout early history. You can google is for further information.

I don’t see where this Bill is going to affect the home gardens, rural vegetable stands or anything currently in existence.

Can someone else point out the clause they are worried about?

Help me out here. I don’t see anything in this S510 that applies to individuals growing, sharing or selling food. It sounds like a lot of petty “make work” for gov. employees in the name of “safe food”. You will be in compliance, and all it takes to be in compliance is a little bribe to said gov. employee. It’s the way of Communism. If there is a bill to stop the growing and sharing of seed and produce, then we will end up like the Ukraine in the 1930s.

Glimps?

LOL, How many times have we heard "Don't change the title!" ?

Good catch!

I can only repeat my opinion: if Durbin is the sponsor, there are myriad problems with this bill, and it is probably worse than it looks at first glance.

Sections 103 and 105 are particularly troublesome. Too much is left to the Secretary of Health and Human Services to interpret. The use of words like “hazards” leaves the door open to all kinds of crazy interpretations. By the way, thanks for the post.

The sky is not falling...

Have you checked recently or are you simply a true polyanna?

S 510 RS

Calendar No. 247

111th CONGRESS

1st Session

S. 510

To amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply.

IN THE SENATE OF THE UNITED STATES

March 3, 2009

Mr. DURBIN (for himself, Mr. GREGG, Mr. KENNEDY, Mr. BURR, Mr. DODD, Mr. ALEXANDER, Mr. ISAKSON, Ms. KLOBUCHAR, Mr. CHAMBLISS, Mr. BURRIS, Mr. UDALL of New Mexico, Mrs. GILLIBRAND, Mr. HATCH, Mr. BINGAMAN, Mr. HARKIN, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

December 18, 2009

Reported by Mr. HARKIN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] `SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.` [<-Struck out]

(a) Short Title- This Act may be cited as the `FDA Food Safety Modernization Act'.

 (b) References- Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

(c) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; references; table of contents.

[Struck out->] `TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS` [<-Struck out]

Sec. 101. Inspections of records.

Sec. 102. Registration of food facilities.

Sec. 103. Hazard analysis and risk-based preventive controls.

Sec. 104. Performance standards.

Sec. 105. Standards for produce safety.

Sec. 106. Protection against intentional adulteration.

Sec. 107. Authority to collect fees.

Sec. 108. National agriculture and food defense strategy.

Sec. 109. Food and Agriculture Coordinating Councils.

Sec. 110. Building domestic capacity.

Sec. 111. Final rule for prevention of Salmonella Enteritidis in shell eggs during production.

Sec. 112. Sanitary transportation of food.

Sec. 113. Food allergy and anaphylaxis management.

[Struck out->] `TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS` [<-Struck out]

 Sec. 201. Targeting of inspection resources for domestic facilities, foreign facilities, and ports of entry; annual report.

Sec. 202. Recognition of laboratory accreditation for analyses of foods.

Sec. 203. Integrated consortium of laboratory networks.

Sec. 204. Enhancing traceback and recordkeeping.

Sec. 205. Surveillance.

Sec. 206. Mandatory recall authority.

Sec. 207. Administrative detention of food.

Sec. 208. Decontamination and disposal standards and plans.

[Struck out->] `TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD` [<-Struck out]

Sec. 301. Foreign supplier verification program.

Sec. 302. Voluntary qualified importer program.

Sec. 303. Authority to require import certifications for food.

Sec. 304. Prior notice of imported food shipments.

Sec. 305. Review of a regulatory authority of a foreign country.

Sec. 306. Building capacity of foreign governments with respect to food.

Sec. 307. Inspection of foreign food facilities.

Sec. 308. Accreditation of qualified third-party auditors and audit agents.

Sec. 309. Foreign offices of the Food and Drug Administration.

[Struck out->] `TITLE IV--MISCELLANEOUS PROVISIONS` [<-Struck out]

Sec. 401. Funding for food safety.

Sec. 402. Jurisdiction; authorities.

[Struck out->] `TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `SEC. 101. INSPECTIONS OF RECORDS.` [<-Struck out]

(a) In General- Section 414(a) (21 U.S.C. 350c(a)) is amended--

(1) by striking the heading and all follows through `of food is' and inserting the following: `Records Inspection-

 `(1) ADULTERATED FOOD- If the Secretary has a reasonable belief that an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, is';

 (2) by inserting `, and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner,' after `relating to such article';

(3) by striking the last sentence; and

(4) by inserting at the end the following:

 `(2) USE OF OR EXPOSURE TO FOOD OF CONCERN- If the Secretary believes that there is a reasonable probability that the use of or exposure to an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, will cause serious adverse health consequences or death to humans or animals, each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports such article shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to such article and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, that are needed to assist the Secretary in determining whether there is a reasonable probability that the use of or exposure to the food will cause serious adverse health consequences or death to humans or animals.

 `(3) APPLICATION- The requirement under paragraphs (1) and (2) applies to all records relating to the manufacture, processing, packing, distribution, receipt, holding, or importation of such article maintained by or on behalf of such person in any format (including paper and electronic formats) and at any location.'.

 (b) Conforming Amendment- Section 704(a)(1)(B) (21 U.S.C. 374(a)(1)(B)) is amended by striking `section 414 when' and all that follows through `subject to' and inserting `section 414, when the standard for record inspection under paragraph (1) or (2) of section 414(a) applies, subject to'.

[Struck out->] `SEC. 102. REGISTRATION OF FOOD FACILITIES.` [<-Struck out]

 (a) Updating of Food Category Regulations; Biennial Registration Renewal- Section 415(a) (21 U.S.C. 350d(a)) is amended--

(1) in paragraph (2), by--

 (A) striking `conducts business and' and inserting `conducts business, the e-mail address for the contact person of the facility or, in the case of a foreign facility, the United States agent for the facility, and'; and

 (B) inserting `, or any other food categories as determined appropriate by the Secretary, including by guidance)' after `Code of Federal Regulations';

(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(3) by inserting after paragraph (2) the following:

 `(3) BIENNIAL REGISTRATION RENEWAL- During the period beginning on October 1 and ending on December 31 of each even-numbered year, a registrant that has submitted a registration under paragraph (1) shall submit to the Secretary a renewal registration containing the information described in paragraph (2). The Secretary shall provide for an abbreviated registration renewal process for any registrant that has not had any changes to such information since the registrant submitted the preceding registration or registration renewal for the facility involved.'.

(b) Suspension of Registration-

(1) IN GENERAL- Section 415 (21 U.S.C. 350d) is amended--

 (A) in subsection (a)(2), by inserting after the first sentence the following: `The registration shall contain an assurance that the Secretary will be permitted to inspect such facility at the times and in the manner permitted by this Act.';

(B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(C) by inserting after subsection (a) the following:

`(b) Suspension of Registration-

 `(1) IN GENERAL- If the Secretary determines that food manufactured, processed, packed, or held by a facility registered under this section has a reasonable probability of causing serious adverse health consequences or death to humans or animals, the Secretary may by order suspend the registration of the facility under this section in accordance with this subsection.

 `(2) HEARING ON SUSPENSION- The Secretary shall provide the registrant subject to an order under paragraph (1) with an opportunity for an informal hearing, to be held as soon as possible but not later than 2 days after the issuance of the order, on the actions required for reinstatement of registration and why the registration that is subject to suspension should be reinstated. The Secretary shall reinstate a registration if the Secretary determines, based on evidence presented, that adequate grounds do not exist to continue the suspension of the registration.

`(3) POST-HEARING CORRECTIVE ACTION PLAN; VACATING OF ORDER-

 `(A) CORRECTIVE ACTION PLAN- If, after providing opportunity for an informal hearing under paragraph (2), the Secretary determines that the suspension of registration remains necessary, the Secretary shall require the registrant to submit a corrective action plan to demonstrate how the registrant plans to correct the conditions found by the Secretary. The Secretary shall review such plan in a timely manner.

 `(B) VACATING OF ORDER- Upon a determination by the Secretary that adequate grounds do not exist to continue the suspension actions required by the order, or that such actions should be modified, the Secretary shall vacate the order or modify the order.

 `(4) EFFECT OF SUSPENSION- If the registration of a facility is suspended under this subsection, such facility shall not import food or offer to import food into the United States, or otherwise introduce food into interstate commerce in the United States.

 `(5) REGULATIONS- The Secretary shall promulgate regulations that describe the standards officials will use in making a determination to suspend a registration, and the format such officials will use to explain to the registrant the conditions found at the facility.

 `(6) NO DELEGATION- The authority conferred by this subsection to issue an order to suspend a registration or vacate an order of suspension shall not be delegated to any officer or employee other than the Commissioner.'.

 (2) IMPORTED FOOD- Section 801(l) (21 U.S.C. 381(l)) is amended by inserting `(or for which a registration has been suspended under such section)' after `section 415'.

(c) Conforming Amendments-

(1) Section 301(d) (21 U.S.C. 331(d)) is amended by inserting `415,' after `404,'.

 (2) Section 415(d), as redesignated by subsection (b), is amended by adding at the end before the period `for a facility to be registered, except with respect to the reinstatement of a registration that is suspended under subsection (b)'.

[Struck out->] `SEC. 103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.` [<-Struck out]

(a) In General- Chapter IV (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

[Struck out->] `SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. [<-Struck out]

 `(a) In General- Each owner, operator, or agent in charge of a facility shall, in accordance with this section, evaluate the hazards that could affect food manufactured, processed, packed, or held by such facility, identify and implement preventive controls to significantly minimize or prevent their occurrence and provide assurances that such food is not adulterated under section 402 or misbranded under section 403(w), monitor the performance of those controls, and maintain records of this monitoring as a matter of routine practice.

`(b) Hazard Analysis- The owner, operator, or agent in charge of a facility shall--

 `(1) identify and evaluate known or reasonably foreseeable hazards that may be associated with the facility, including--

 `(A) biological, chemical, physical, and radiological hazards, natural toxins, pesticides, drug residues, decomposition, parasites, allergens, and unapproved food and color additives; and

 `(B) hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism; and

`(2) develop a written analysis of the hazards.

 `(c) Preventive Controls- The owner, operator, or agent in charge of a facility shall identify and implement preventive controls, including at critical control points, if any, to provide assurances that--

 `(1) hazards identified in the hazard analysis conducted under subsection (b) will be significantly minimized or prevented; and

 `(2) the food manufactured, processed, packed, or held by such facility will not be adulterated under section 402 or misbranded under section 403(w).

 `(d) Monitoring of Effectiveness- The owner, operator, or agent in charge of a facility shall monitor the effectiveness of the preventive controls implemented under subsection (c) to provide assurances that the outcomes described in subsection (c) shall be achieved.

 `(e) Corrective Actions- The owner, operator, or agent in charge of a facility shall establish procedures that a facility will implement if the preventive controls implemented under subsection (c) are found to be ineffective through monitoring under subsection (d).

`(f) Verification- The owner, operator, or agent in charge of a facility shall verify that--

 `(1) the preventive controls implemented under subsection (c) are adequate to control the hazards identified under subsection (b);

`(2) the owner, operator, or agent is conducting monitoring in accordance with subsection (d);

 `(3) the owner, operator, or agent is making appropriate decisions about corrective actions taken under subsection (e); and

 `(4) there is documented, periodic reanalysis of the plan under subsection (i) to ensure that the plan is still relevant to the raw materials, as well as to conditions and processes in the facility, and to new and emerging threats.

 `(g) Recordkeeping- The owner, operator, or agent in charge of a facility shall maintain, for not less than 2 years, records documenting the monitoring of the preventive controls implemented under subsection (c), instances of nonconformance material to food safety, instances when corrective actions were implemented, and the efficacy of preventive controls and corrective actions.

 `(h) Written Plan and Documentation- Each 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 to address those hazards under subsection (c). Such written plan, together with documentation that the plan is being implemented, shall be made promptly available to a duly authorized representative of the Secretary upon oral or written request.

 `(i) Requirement To Reanalyze- Each owner, operator, or agent in charge of a facility shall conduct a reanalysis under subsection (b) whenever a significant change is made in the activities conducted at a facility operated by such owner, operator, or agent if the change creates a reasonable potential for a new hazard or a significant increase in a previously identified hazard or not less frequently than once every 3 years, whichever is earlier. Such reanalysis shall be completed and additional preventive controls needed to address the hazard identified, if any, shall be implemented before the change in activities at the facility is commenced. Such owner, operator, or agent shall revise the written plan required under subsection (h) if such a significant change is made or document the basis for the conclusion that no additional or revised preventive controls are needed. The Secretary may require a reanalysis under this section to respond to new hazards and developments in scientific understanding.

 `(j) Deemed Compliance of Seafood, Juice, and Low-acid Canned Food Facilities in Compliance With HACCP- An owner, operator, or agent in charge of a facility required to comply with 1 of the following standards and regulations with respect to such facility shall be deemed to be in compliance with this section, with respect to such facility:

`(1) The Seafood Hazard Analysis Critical Control Points Program of the Food and Drug Administration.

`(2) The Juice Hazard Analysis Critical Control Points Program of the Food and Drug Administration.

 `(3) The Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers standards of the Food and Drug Administration (or any successor standards).

 `(k) Exception for Facilities in Compliance With Section 419- This section shall not apply to a facility that is subject to section 419.

 `(l) Authority With Respect to Certain Facilities- The Secretary may, by regulation, exempt or modify the requirements for compliance under this section with respect to facilities that are solely engaged in the production of food for animals other than man or the storage of packaged foods that are not exposed to the environment.

`(m) Definitions- For purposes of this section:

 `(1) CRITICAL CONTROL POINT- The term `critical control point' means a point, step, or procedure in a food process at which control can be applied and is essential to prevent or eliminate a food safety hazard or reduce it to an acceptable level.

 `(2) FACILITY- The term `facility' means a domestic facility or a foreign facility that is required to register under section 415.

 `(3) PREVENTIVE CONTROLS- The term `preventive controls' means those risk-based, reasonably appropriate procedures, practices, and processes that a person knowledgeable about the safe manufacturing, processing, packing, or holding of food would have employed to significantly minimize or prevent the hazards identified under the hazard analysis conducted under subsection (a) and that are consistent with the current scientific understanding of safe food manufacturing, processing, packing, or holding at the time of the analysis. Those procedures, practices, and processes may include the following:

`(A) Sanitation procedures for food contact surfaces and utensils and food-contact surfaces of equipment.

`(B) Supervisor, manager, and employee hygiene training.

`(C) An environmental monitoring program to verify the effectiveness of pathogen controls.

`(D) An allergen control program.

`(E) A recall contingency plan.

`(F) Good Manufacturing Practices (GMPs).

`(G) Supplier verification activities.'.

(b) Regulations-

 (1) IN GENERAL- The Secretary of Health and Human Services (referred to in this Act as the `Secretary') shall promulgate regulations to establish science-based minimum standards for conducting a hazard analysis, documenting hazards, implementing preventive controls, and documenting the implementation of the preventive controls under section 418 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)).

 (2) CONTENT- The regulations promulgated under paragraph (1) shall provide sufficient flexibility to be applicable in all situations, including in the operations of small businesses.

 (3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to provide the Secretary with the authority to apply specific technologies, practices, or critical controls to an individual facility.

 (4) REVIEW- In promulgating the regulations under paragraph (1), the Secretary shall review regulatory hazard analysis and preventive control programs in existence on the date of enactment of this Act to ensure that the program under such section 418 is consistent, to the extent practicable, with applicable internationally recognized standards in existence on such date.

 (c) Guidance Document- The Secretary shall issue a guidance document related to hazard analysis and preventive controls required under section 418 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)).

(d) Prohibited Acts- Section 301 (21 U.S.C. 331) is amended by adding at the end the following:

 `(oo) The operation of a facility that manufacturers, processes, packs, or holds food for sale in the United States if the owner, operator, or agent in charge of such facility is not in compliance with section 418.'.

 (e) No Effect on HACCP Authorities- Nothing in the amendments made by this section limits the authority of the Secretary under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce product and category-specific regulations, such as the Seafood Hazard Analysis Critical Controls Points Program, the Juice Hazard Analysis Critical Control Program, and the Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers standards.

(f) Effective Date-

 (1) GENERAL RULE- The amendments made by this section shall take effect 18 months after the date of enactment of this Act.

(2) EXCEPTIONS- Notwithstanding paragraph (1)--

 (A) the amendments made by this section shall apply to a small business (as defined by the Secretary) after the date that is 2 years after the date of enactment of this Act; and

 (B) the amendments made by this section shall apply to a very small business (as defined by the Secretary) after the date that is 3 years after the date of enactment of this Act.

[Struck out->] `SEC. 104. PERFORMANCE STANDARDS.` [<-Struck out]

 The Secretary shall, not less frequently than every 2 years, review and evaluate relevant health data and other relevant information, including from toxicological and epidemiological studies and analyses, to determine the most significant food-borne contaminants and, when appropriate to reduce the risk of serious illness or death to humans or animals or to prevent the adulteration of the food under section 402 of the Federal Food, Drug, or Cosmetic Act, (21 U.S.C. 342) or to prevent the spread of communicable disease under section 361 of the Public Health Service Act (42 U.S.C. 264), shall issue contaminant-specific and science-based guidance documents, actions levels, or regulations. Such guidance, action levels, or regulations shall apply to products or product classes and shall not be written to be facility-specific.

[Struck out->] `SEC. 105. STANDARDS FOR PRODUCE SAFETY.` [<-Struck out]

 (a) In General- Chapter IV (21 U.S.C. 341 et seq.), as amended by section 103, is amended by adding at the end the following:

[Struck out->] `SEC. 419. STANDARDS FOR PRODUCE SAFETY. [<-Struck out]

`(a) Proposed Rulemaking-

 `(1) IN GENERAL- Not later than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary, in consultation with the Secretary of Agriculture and representatives of State departments of agriculture, shall publish a notice of proposed rulemaking to establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities for which the Secretary has determined that such standards minimize the risk of serious adverse health consequences or death.

 `(2) PUBLIC INPUT- During the comment period on the notice of proposed rulemaking under paragraph (1), the Secretary shall conduct not less than 3 public meetings in diverse geographical areas of the United States to provide persons in different regions an opportunity to comment.

`(3) CONTENT- The proposed rulemaking under paragraph (1) shall--

 `(A) include, with respect to growing, harvesting, sorting, and storage operations, minimum standards related to soil amendments, hygiene, packaging, temperature controls, animal encroachment, and water; and

 `(B) consider hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism.

 `(4) PRIORITIZATION- The Secretary shall prioritize the implementation of the regulations for specific fruits and vegetables that are raw agricultural commodities that have been associated with food-borne illness outbreaks.

`(b) Final Regulation-

 `(1) IN GENERAL- Not later than 1 year after the close of the comment period for the proposed rulemaking under subsection (a), the Secretary shall adopt a final regulation to provide for minimum standards for those types of fruits and vegetables that are raw agricultural commodities for which the Secretary has determined that such standards minimize the risk of serious adverse health consequences or death.

`(2) FINAL REGULATION- The final regulation shall--

 `(A) provide a reasonable period of time for compliance, taking into account the needs of small businesses for additional time to comply;

 `(B) provide for coordination of education and enforcement activities by State and local officials, as designated by the Governors of the respective States; and

 `(C) include a description of the variance process under subsection (c) and the types of permissible variances the Secretary may grant.

`(c) Criteria-

`(1) IN GENERAL- The regulations adopted under subsection (b) shall--

 `(A) set forth those procedures, processes, and practices as the Secretary determines to be reasonably necessary to prevent the introduction of known or reasonably foreseeable biological, chemical, and physical hazards, including hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism, into fruits and vegetables that are raw agricultural commodities and to provide reasonable assurances that the produce is not adulterated under section 402; and

 `(B) permit States and foreign countries from which food is imported into the United States, subject to paragraph (2), to request from the Secretary variances from the requirements of the regulations, where upon approval of the Secretary, the variance is considered permissible under the requirements of the regulations adopted under subsection (b)(2)(C) and where the State or foreign country determines that the variance is necessary in light of local growing conditions and that the procedures, processes, and practices to be followed under the variance are reasonably likely to ensure that the produce is not adulterated under section 402 to the same extent as the requirements of the regulation adopted under subsection (b).

 `(2) APPROVAL OF VARIANCES- A State or foreign country from which food is imported into the United States shall request a variance from the Secretary in writing. The Secretary may deny such a request as not reasonably likely to ensure that the produce is not adulterated under section 402 to the same extent as the requirements of the regulation adopted under subsection (b).

 `(d) Enforcement- The Secretary may coordinate with the Secretary of Agriculture and shall contract and coordinate with the agency or department designated by the Governor of each State to perform activities to ensure compliance with this section.

 `(e) Guidance- Not later than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall publish, after consultation with the Secretary of Agriculture and representatives of State departments of agriculture, updated good agricultural practices and guidance for the safe production and harvesting of specific types of fresh produce.

 `(f) Exception for Facilities in Compliance With Section 418- This section shall not apply to a facility that is subject to section 418.'.

 (b) Prohibited Acts- Section 301 (21 U.S.C. 331), as amended by section 103, is amended by adding at the end the following:

 `(pp) The production or harvesting of produce not in accordance with minimum standards as provided by regulation under section 419(b) or a variance issued under section 419(c).'.

 (c) No Effect on HACCP Authorities- Nothing in the amendments made by this section limits the authority of the Secretary under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce product and category-specific regulations, such as the Seafood Hazard Analysis Critical Controls Points Program, the Juice Hazard Analysis Critical Control Program, and the Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers standards.

[Struck out->] `SEC. 106. PROTECTION AGAINST INTENTIONAL ADULTERATION.` [<-Struck out]

 (a) In General- Chapter IV (21 U.S.C. 341 et seq.), as amended by section 105, is amended by adding at the end the following:

[Struck out->] `SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION. [<-Struck out]

 `(a) In General- Not later than 24 months after the date of enactment of the FDA Food Safety Modernization Act, the Secretary, in consultation with the Secretary of Homeland Security and the Secretary of Agriculture, shall promulgate regulations to protect against the intentional adulteration of food subject to this Act.

`(b) Content of Regulations- Regulations under subsection (a) shall only apply to food--

 `(1) for which the Secretary has identified clear vulnerabilities (such as short shelf-life or susceptibility to intentional contamination at critical control points);

`(2) in bulk or batch form, prior to being packaged for the final consumer; and

 `(3) for which there is a high risk of intentional contamination, as determined by the Secretary, that could cause serious adverse health consequences or death to humans or animals.

`(c) Determinations- In making the determination under subsection (b)(3), the Secretary shall--

`(1) conduct vulnerability assessments of the food system;

 `(2) consider the best available understanding of uncertainties, risks, costs, and benefits associated with guarding against intentional adulteration at vulnerable points; and

 `(3) determine the types of science-based mitigation strategies or measures that are necessary to protect against the intentional adulteration of food.

`(d) Exception- This section shall not apply to food produced on farms, except for milk.

 `(e) Definition- For purposes of this section, the term `farm' has the meaning given that term in section 1.227 of title 21, Code of Federal Regulations (or any successor regulation).'.

(b) Guidance Documents-

 (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary, 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).

(2) CONTENT- The guidance document issued under paragraph (1) shall--

 (A) specify how a person shall assess whether the person is required to implement mitigation strategies or measures intended to protect against the intentional adulteration of food;

 (B) specify appropriate science-based mitigation strategies or measures to prepare and protect the food supply chain at specific vulnerable points, as appropriate;

(C) include a model assessment for a person to use under subparagraph (A);

(D) include examples of mitigation strategies or measures described in subparagraph (B); and

 (E) specify situations in which the examples of mitigation strategies or measures described in subparagraph (D) are appropriate.

 (3) LIMITED DISTRIBUTION- In the interest of national security, the Secretary, in consultation with the Secretary of Homeland Security, may determine the time and manner in which the guidance documents issued under paragraph (1) are made public, including by releasing such documents to targeted audiences.

 (c) Periodic Review- The Secretary shall periodically review and, as appropriate, update the regulation under subsection (a) and the guidance documents under subsection (b).

 (d) Prohibited Acts- Section 301 (21 U.S.C. 331 et seq.), as amended by section 105, is amended by adding at the end the following:

`(qq) The failure to comply with section 420.'.

[Struck out->] `SEC. 107. AUTHORITY TO COLLECT FEES.` [<-Struck out]

 (a) Fees for Reinspection, Recall, and Importation Activities- Subchapter C of chapter VII (21 U.S.C. 379f et seq.) is amended by inserting after section 740 the following:

[Struck out->] `PART 5--FEES RELATED TO FOOD [<-Struck out]

[Struck out->] `SEC. 740A. AUTHORITY TO COLLECT AND USE FEES. [<-Struck out]

`(a) In General-

 `(1) PURPOSE AND AUTHORITY- For fiscal year 2010 and each subsequent fiscal year, the Secretary shall, in accordance with this section, assess and collect fees from--

 `(A) each domestic facility (as defined in section 415(b)) subject to a reinspection in such fiscal year, to cover reinspection-related costs for such year;

 `(B) each domestic facility (as defined in section 415(b)) and importer subject to a food recall in such fiscal year, to cover food recall activities performed by the Secretary, including technical assistance, follow-up effectiveness checks, and public notifications, for such year;

 `(C) each importer participating in the voluntary qualified importer program under section 806 in such year, to cover the administrative costs such program for such year; and

 `(D) each importer subject to a reinspection in such fiscal year at a port of entry, to cover reinspection-related costs at ports of entry for such year.

`(2) DEFINITIONS- For purposes of this section--

`(A) the term `reinspection' means--

 `(i) with respect to domestic facilities (as defined in section 415(b)), 1 or more inspections conducted under section 704 subsequent to an inspection conducted under such provision which identified noncompliance materially related to a food safety requirement of this Act, specifically to determine whether compliance has been achieved to the Secretary's satisfaction; and

 `(ii) with respect to importers, 1 or more examinations conducted under section 801 subsequent to an examination conducted under such provision which identified noncompliance materially related to a food safety requirement of this Act, specifically to determine whether compliance has been achieved to the Secretary's satisfaction; and

 `(B) the term `reinspection-related costs' means all expenses, including administrative expenses, incurred in connection with--

`(i) arranging, conducting, and evaluating the results of reinspections; and

`(ii) assessing and collecting reinspection fees under this section.

`(b) Establishment of Fees-

 `(1) IN GENERAL- Subject to subsections (c) and (d), the Secretary shall establish the fees to be collected under this section for each fiscal year specified in subsection (a)(1), based on the methodology described under paragraph (2), and shall publish such fees in a Federal Register notice not later than 60 days before the start of each such year.

`(2) FEE METHODOLOGY-

`(A) FEES- Fees amounts established for collection--

 `(i) under subparagraph (A) of subsection (a)(1) for a fiscal year shall be based on the Secretary's estimate of 100 percent of the costs of the reinspection-related activities (including by type or level of reinspection activity, as the Secretary determines applicable) described in such subparagraph (A) for such year;

 `(ii) under subparagraph (B) of subsection (a)(1) for a fiscal year shall be based on the Secretary's estimate of 100 percent of the costs of the activities described in such subparagraph (B) for such year;

 `(iii) under subparagraph (C) of subsection (a)(1) for a fiscal year shall be based on the Secretary's estimate of 100 percent of the costs of the activities described in such subparagraph (C) for such year; and

 `(iv) under subparagraph (D) of subsection (a)(1) for a fiscal year shall be based on the Secretary's estimate of 100 percent of the costs of the activities described in such subparagraph (D) for such year.

`(B) OTHER CONSIDERATIONS-

`(i) VOLUNTARY QUALIFIED IMPORTER PROGRAM-

 `(I) PARTICIPATION- In establishing the fee amounts under subparagraph (A)(iii) for a fiscal year, the Secretary shall provide for the number of importers who have submitted to the Secretary a notice under section 806(e) informing the Secretary of the intent of such importer to participate in the program under section 806 in such fiscal year.

 `(II) RECOUPMENT- In establishing the fee amounts under subparagraph (A)(iii) for the first 5 fiscal years after the date of enactment of this section, the Secretary shall include in such fee a reasonable surcharge that provides a recoupment of the costs expended by the Secretary to establish and implement the first year of the program under section 806.

 `(ii) CREDITING OF FEES- In establishing the fee amounts under subparagraph (A) for a fiscal year, the Secretary shall provide for the crediting of fees from the previous year to the next year if the Secretary overestimated the amount of fees needed to carry out such activities, and consider the need to account for any adjustment of fees and such other factors as the Secretary determines appropriate.

 `(3) USE OF FEES- The Secretary shall make all of the fees collected pursuant to clause (i), (ii), (iii), and (iv) of paragraph (2)(A) available solely to pay for the costs referred to in such clause (i), (ii), (iii), and (iv) of paragraph (2)(A), respectively.

 `(4) COMPLIANCE WITH INTERNATIONAL AGREEMENTS- Nothing in this section shall be construed to authorize the assessment of any fee inconsistent with the agreement establishing the World Trade Organization or any other treaty or international agreement to which the United States is a party.

`(c) Limitations-

 `(1) IN GENERAL- Fees under subsection (a) shall be refunded for a fiscal year beginning after fiscal year 2010 unless appropriations for the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine and related activities of the Office of Regulatory Affairs at the Food and Drug Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) are equal to or greater than the amount of appropriations for the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine and related activities of the Office of Regulatory Affairs at the Food and Drug Administration for the preceding fiscal year (excluding the amount of fees appropriated for such fiscal year) multiplied by 1 plus 4.5 percent.

 `(2) AUTHORITY- If the Secretary does not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary may assess such fees, the Secretary may assess and collect such fees, without any modification in the rate, under subsection (a), notwithstanding the provisions of subsection (a) relating to the date fees are to be paid.

`(3) LIMITATION ON AMOUNT OF CERTAIN FEES-

 `(A) IN GENERAL- Notwithstanding any other provision of this section and subject to subparagraph (B), the Secretary may not collect fees in a fiscal year such that the amount collected--

`(i) under subparagraph (B) of subsection (a)(1) exceeds $20,000,000; and

`(ii) under subparagraphs (A) and (D) of subsection (a)(1) exceeds $25,000,000 combined.

 `(B) EXCEPTION- If a domestic facility (as defined in section 415(b)) or an importer becomes subject to a fee described in subparagraph (A), (B), or (D) of subsection (a)(1) after the maximum amount of fees has been collected by the Secretary under subparagraph (A), the Secretary may collect a fee from such facility or importer.

 `(d) Crediting and Availability of Fees- Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in appropriations Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the purpose of paying the operating expenses of the Food and Drug Administration employees and contractors performing activities associated with these food safety fees.

`(e) Collection of Fees-

 `(1) IN GENERAL- The Secretary shall specify in the Federal Register notice described in subsection (b)(1) the time and manner in which fees assessed under this section shall be collected.

 `(2) COLLECTION OF UNPAID FEES- In any case where the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to provisions of subchapter II of chapter 37 of title 31, United States Code.

 `(f) Annual Report to Congress- Not later than 120 days after each fiscal year for which fees are assessed under this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives, to include a description of fees assessed and collected for each such year and a summary description of the entities paying such fees and the types of business in which such entities engage.

 `(g) Authorization of Appropriations- For fiscal year 2010 and each fiscal year thereafter, there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount determined under subsection (b) for the fiscal year, as adjusted or otherwise affected under the other provisions of this section.'.

(b) Export Certification Fees for Foods and Animal Feed-

 (1) AUTHORITY FOR EXPORT CERTIFICATIONS FOR FOOD, INCLUDING ANIMAL FEED- Section 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amended--

(A) in the matter preceding clause (i), by striking `a drug' and inserting `a food, drug';

(B) in clause (i) by striking `exported drug' and inserting `exported food, drug'; and

(C) in clause (ii) by striking `the drug' each place it appears and inserting `the food, drug'.

 (2) CLARIFICATION OF CERTIFICATION- Section 801(e)(4) (21 U.S.C. 381(e)(4)) is amended by inserting after subparagraph (B) the following new subparagraph:

 `(C) For purposes of this paragraph, a certification by the Secretary shall be made on such basis, and in such form (including a publicly available listing) as the Secretary determines appropriate.'.

[Struck out->] `SEC. 108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.` [<-Struck out]

(a) Development and Submission of Strategy-

 (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, shall prepare and submit to the relevant committees of Congress, and make publicly available on the Internet Web site of the Department of Health and Human Services and the Department of Agriculture, the National Agriculture and Food Defense Strategy.

 (2) IMPLEMENTATION PLAN- The strategy shall include an implementation plan for use by the Secretaries described under paragraph (1) in carrying out the strategy.

 (3) RESEARCH- The strategy shall include a coordinated research agenda for use by the Secretaries described under paragraph (1) in conducting research to support the goals and activities described in paragraphs (1) and (2) of subsection (b).

 (4) REVISIONS- Not later than 4 years after the date on which the strategy is submitted to the relevant committees of Congress under paragraph (1), and not less frequently than every 4 years thereafter, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, shall revise and submit to the relevant committees of Congress the strategy.

(5) CONSISTENCY WITH EXISTING PLANS- The strategy described in paragraph (1) shall be consistent with--

(A) the National Incident Management System;

(B) the National Response Framework;

(C) the National Infrastructure Protection Plan;

(D) the National Preparedness Goals; and

(E) other relevant national strategies.

(b) Components-

 (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--

(A) to achieve each goal described in paragraph (2); and

 (B) to evaluate the progress made by Federal, State, local, and tribal governments towards the achievement of each goal described in paragraph (2).

 (2) GOALS- 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 to achieve the following goals:

(A) PREPAREDNESS GOAL- Enhance the preparedness of the agriculture and food system by--

(i) conducting vulnerability assessments of the agriculture and food system;

(ii) mitigating vulnerabilities of the system;

(iii) improving communication and training relating to the system;

(iv) developing and conducting exercises to test decontamination and disposal plans;

(v) developing modeling tools to improve event consequence assessment and decision support; and

(vi) preparing risk communication tools and enhancing public awareness through outreach.

(B) DETECTION GOAL- Improve agriculture and food system detection capabilities by--

(i) identifying contamination in food products at the earliest possible time; and

(ii) conducting surveillance to prevent the spread of diseases.

(C) EMERGENCY RESPONSE GOAL- Ensure an efficient response to agriculture and food emergencies by--

(i) immediately investigating animal disease outbreaks and suspected food contamination;

(ii) preventing additional human illnesses;

(iii) organizing, training, and equipping animal, plant, and food emergency response teams of--

(I) the Federal Government; and

(II) State, local, and tribal governments;

 (iv) designing, developing, and evaluating training and exercises carried out under agriculture and food defense plans; and

(v) ensuring consistent and organized risk communication to the public by--

(I) the Federal Government;

(II) State, local, and tribal governments; and

(III) the private sector.

(D) RECOVERY GOAL- Secure agriculture and food production after an agriculture or food emergency by--

 (i) working with the private sector to develop business recovery plans to rapidly resume agriculture and food production;

(ii) conducting exercises of the plans described in subparagraph (C) with the goal of long-term recovery results;

(iii) rapidly removing, and effectively disposing of--

(I) contaminated agriculture and food products; and

(II) infected plants and animals; and

(iv) decontaminating and restoring areas affected by an agriculture or food emergency.

[Struck out->] `SEC. 109. FOOD AND AGRICULTURE COORDINATING COUNCILS.` [<-Struck out]

 The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall within 180 days of enactment of this Act, and annually thereafter, submit to the relevant committees of Congress, and make publicly available on the Internet Web site of the Department of Homeland Security, a report on the activities of the Food and Agriculture Government Coordinating Council and the Food and Agriculture Sector Coordinating Council, including the progress of such Councils on--

 (1) facilitating partnerships between public and private entities to help unify and enhance the protection of the agriculture and food system of the United States;

 (2) providing for the regular and timely interchange of information between each council relating to the security of the agriculture and food system (including intelligence information);

 (3) identifying best practices and methods for improving the coordination among Federal, State, local, and private sector preparedness and response plans for agriculture and food defense; and

 (4) recommending methods by which to protect the economy and the public health of the United States from the effects of--

(A) animal or plant disease outbreaks;

(B) food contamination; and

(C) natural disasters affecting agriculture and food.

[Struck out->] `SEC. 110. BUILDING DOMESTIC CAPACITY.` [<-Struck out]

(a) In General-

 (1) INITIAL REPORT- The Secretary shall, not later than 2 years after the date of enactment of this Act, submit to Congress a comprehensive report that identifies programs and practices that are intended to promote the safety and security of food and to prevent outbreaks of food-borne illness and other food-related hazards that can be addressed through preventive activities. Such report shall include a description of the following:

(A) Analysis of the need for regulations or guidance to industry.

 (B) Outreach to food industry sectors, including through the Food and Agriculture Coordinating Councils referred to in section 109, to identify potential sources of emerging threats to the safety and security of the food supply and preventive strategies to address those threats.

 (C) Systems to ensure the prompt distribution to the food industry of information and technical assistance concerning preventive strategies.

 (D) Communication systems to ensure that information about specific threats to the safety and security of the food supply are rapidly and effectively disseminated.

 (E) Surveillance systems and laboratory networks to rapidly detect and respond to food-borne illness outbreaks and other food-related hazards, including how such systems and networks are integrated.

 (F) Outreach, education, and training provided to States and local governments to build State and local food safety and food defense capabilities, including progress implementing strategies developed under sections 108 and 205.

 (G) The estimated resources needed to effectively implement the programs and practices identified in the report developed in this section over a 5-year period.

 (2) BIENNIAL REPORTS- On a biennial basis following the submission of the report under paragraph (1), the Secretary shall submit to Congress a report that--

(A) reviews previous food safety programs and practices;

(B) outlines the success of those programs and practices;

(C) identifies future programs and practices; and

 (D) includes information related to any matter described in subparagraphs (A) through (G) of paragraph (1), as necessary.

 (b) Risk-based Activities- The report developed under subsection (a)(1) shall describe methods that seek to ensure that resources available to the Secretary for food safety-related activities are directed at those actions most likely to reduce risks from food, including the use of preventive strategies and allocation of inspection resources. The Secretary shall promptly undertake those risk-based actions that are identified during the development of the report as likely to contribute to the safety and security of the food supply.

 (c) Capability for Laboratory Analyses; Research- The report developed under subsection (a)(1) shall provide a description of methods to increase capacity to undertake analyses of food samples promptly after collection, to identify new and rapid analytical techniques, including techniques that can be employed at ports of entry and through Food Emergency Response Network laboratories, and to provide for well-equipped and staffed laboratory facilities.

 (d) Information Technology- The report developed under subsection (a)(1) shall include a description of such information technology systems as may be needed to identify risks and receive data from multiple sources, including foreign governments, State, local, and tribal governments, other Federal agencies, the food industry, laboratories, laboratory networks, and consumers. The information technology systems that the Secretary describes shall also provide for the integration of the facility registration system under section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d), and the prior notice system under section 801(m) of such Act (21 U.S.C. 381(m)) with other information technology systems that are used by the Federal Government for the processing of food offered for import into the United States.

 (e) Automated Risk Assessment- The report developed under subsection (a)(1) shall include a description of progress toward developing and improving an automated risk assessment system for food safety surveillance and allocation of resources.

 (f) Traceback and Surveillance Report- The Secretary shall include in the report developed under subsection (a)(1) an analysis of the Food and Drug Administration's performance in food-borne illness outbreaks during the 5-year period preceding the date of enactment of this Act involving fruits and vegetables that are raw agricultural commodities (as defined in section 201(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(r)) and recommendations for enhanced surveillance, outbreak response, and traceability. Such findings and recommendations shall address communication and coordination with the public, industry, and State and local governments, outbreak identification, and traceback.

 (g) Biennial Food Safety and Food Defense Research Plan- The Secretary and the Secretary of Agriculture shall, on a biennial basis, submit to Congress a joint food safety and food defense research plan which may include studying the long-term health effects of food-borne illness. Such biennial plan shall include a list and description of projects conducted during the previous 2-year period and the plan for projects to be conducted during the following 2-year period.

[Struck out->] `SEC. 111. FINAL RULE FOR PREVENTION OF SALMONELLA ENTERITIDIS IN SHELL EGGS DURING PRODUCTION.` [<-Struck out]

 Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule based on the proposed rule issued by the Commissioner of Food and Drugs entitled `Prevention of Salmonella Enteritidis in Shell Eggs During Production', 69 Fed. Reg. 56824, (September 22, 2004).

[Struck out->] `SEC. 112. SANITARY TRANSPORTATION OF FOOD.` [<-Struck out]

 Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations described in section 416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350e(b)).

[Struck out->] `SEC. 113. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.` [<-Struck out]

(a) Definitions- In this section:

(1) EARLY CHILDHOOD EDUCATION PROGRAM- The term `early childhood education program' means--

(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);

(B) a State licensed or regulated child care program or school; or

(C) a State prekindergarten program that serves children from birth through kindergarten.

 (2) ESEA DEFINITIONS- The terms `local educational agency', `secondary school', `elementary school', and `parent' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3) SCHOOL- The term `school' includes public--

(A) kindergartens;

(B) elementary schools; and

(C) secondary schools.

(4) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services.

(b) Establishment of Voluntary Food Allergy and Anaphylaxis Management Guidelines-

(1) ESTABLISHMENT-

 (A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall--

 (i) develop guidelines to be used on a voluntary basis to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; and

 (ii) make such guidelines available to local educational agencies, schools, early childhood education programs, and other interested entities and individuals to be implemented on a voluntary basis only.

 (B) APPLICABILITY OF FERPA- Each plan described in subparagraph (A) that is developed for an individual shall be considered an education record for the purpose of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).

 (2) CONTENTS- The voluntary guidelines developed by the Secretary under paragraph (1) shall address each of the following, and may be updated as the Secretary determines necessary:

 (A) Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with--

(i) documentation from their child's physician or nurse--

(I) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable;

(II) identifying any food to which the child is allergic;

(III) describing, if appropriate, any prior history of anaphylaxis;

(IV) listing any medication prescribed for the child for the treatment of anaphylaxis;

(V) detailing emergency treatment procedures in the event of a reaction;

(VI) listing the signs and symptoms of a reaction; and

(VII) assessing the child's readiness for self-administration of prescription medication; and

 (ii) a list of substitute meals that may be offered to the child by school or early childhood education program food service personnel.

 (B) The creation and maintenance of an individual plan for food allergy management, in consultation with the parent, tailored to the needs of each child with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such children in instances where--

(i) the children are capable of self-administering medication; and

(ii) such administration is not prohibited by State law.

 (C) Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response.

 (D) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas such as cafeterias.

 (E) The dissemination of general information on life-threatening food allergies to school or early childhood education program staff, parents, and children.

 (F) Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies.

 (G) The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available.

 (H) The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available.

 (I) The creation of a plan contained in each individual plan for food allergy management that addresses the appropriate response to an incident of anaphylaxis of a child while such child is engaged in extracurricular programs of a school or early childhood education program, such as non-academic outings and field trips, before- and after-school programs or before- and after-early child education program programs, and school-sponsored or early childhood education program-sponsored programs held on weekends.

 (J) Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents.

 (K) Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs.

 (3) RELATION TO STATE LAW- Nothing in this section or the guidelines developed by the Secretary under paragraph (1) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication.

(c) School-based Food Allergy Management Grants-

 (1) IN GENERAL- The Secretary may award grants to local educational agencies to assist such agencies with implementing voluntary food allergy and anaphylaxis management guidelines described in subsection (b).

(2) APPLICATION-

 (A) IN GENERAL- To be eligible to receive a grant under this subsection, a local educational agency shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require.

(B) CONTENTS- Each application submitted under subparagraph (A) shall include--

 (i) an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in subsection (b);

 (ii) a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including--

(I) how the guidelines will be carried out at individual schools served by the local educational agency;

(II) how the local educational agency will inform parents and students of the guidelines in place;

 (III) how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the guidelines in place; and

(IV) any other activities that the Secretary determines appropriate;

(iii) an itemization of how grant funds received under this subsection will be expended;

(iv) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and

 (v) an agreement by the local educational agency to report information required by the Secretary to conduct evaluations under this subsection.

 (3) USE OF FUNDS- Each local educational agency that receives a grant under this subsection may use the grant funds for the following:

 (A) Purchase of materials and supplies, including limited medical supplies such as epinephrine and disposable wet wipes, to support carrying out the food allergy and anaphylaxis management guidelines described in subsection (b).

 (B) In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management.

 (C) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock.

(D) Outreach to parents.

(E) Any other activities consistent with the guidelines described in subsection (b).

 (4) DURATION OF AWARDS- The Secretary may award grants under this subsection for a period of not more than 2 years. In the event the Secretary conducts a program evaluation under this subsection, funding in the second year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year.

 (5) LIMITATION ON GRANT FUNDING- The Secretary may not provide grant funding to a local educational agency under this subsection after such local educational agency has received 2 years of grant funding under this subsection.

 (6) MAXIMUM AMOUNT OF ANNUAL AWARDS- A grant awarded under this subsection may not be made in an amount that is more than $50,000 annually.

 (7) PRIORITY- In awarding grants under this subsection, the Secretary shall give priority to local educational agencies with the highest percentages of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

(8) MATCHING FUNDS-

 (A) IN GENERAL- The Secretary may not award a grant under this subsection unless the local educational agency agrees that, with respect to the costs to be incurred by such local educational agency in carrying out the grant activities, the local educational agency shall make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount equal to not less than 25 percent of the amount of the grant.

 (B) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBUTION- Non-Federal funds required under subparagraph (A) may be cash or in kind, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal funds.

 (9) ADMINISTRATIVE FUNDS- A local educational agency that receives a grant under this subsection may use not more than 2 percent of the grant amount for administrative costs related to carrying out this subsection.

 (10) PROGRESS AND EVALUATIONS- At the completion of the grant period referred to in paragraph (4), a local educational agency shall provide the Secretary with information on how grant funds were spent and the status of implementation of the food allergy and anaphylaxis management guidelines described in subsection (b).

 (11) SUPPLEMENT, NOT SUPPLANT- Grant funds received under this subsection shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this subsection.

 (12) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $30,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(d) Voluntary Nature of Guidelines-

 (1) IN GENERAL- The food allergy and anaphylaxis management guidelines developed by the Secretary under subsection (b) are voluntary. Nothing in this section or the guidelines developed by the Secretary under subsection (b) shall be construed to require a local educational agency to implement such guidelines.

 (2) EXCEPTION- Notwithstanding paragraph (1), the Secretary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guidelines as a condition of the receipt of a grant under subsection (c).

[Struck out->] `TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `SEC. 201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT.` [<-Struck out]

 (a) Targeting of Inspection Resources for Domestic Facilities, Foreign Facilities, and Ports of Entry- Chapter IV (21 U.S.C. 341 et seq.), as amended by section 106, is amended by adding at the end the following:

[Struck out->] `SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. [<-Struck out]

`(a) Identification and Inspection of Facilities-

 `(1) IDENTIFICATION- The Secretary shall allocate resources to inspect facilities according to the risk profile of the facilities, which shall be based on the following factors:

`(A) The risk profile of the food manufactured, processed, packed, or held at the facility.

`(B) The facility's history of food recalls, outbreaks, and violations of food safety standards.

`(C) The rigor of the facility's hazard analysis and risk-based preventive controls.

 `(D) Whether the food manufactured, processed, packed, handled, prepared, treated, distributed, or stored at the facility meets the criteria for priority under section 801(h)(1).

`(E) Whether the facility has received a certificate as described in section 809(b).

 `(F) Any other criteria deemed necessary and appropriate by the Secretary for purposes of allocating inspection resources.

`(2) INSPECTIONS-

 `(A) IN GENERAL- Beginning on the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall increase the frequency of inspection of all facilities.

 `(B) HIGH-RISK FACILITIES- The Secretary shall increase the frequency of inspection of facilities identified under paragraph (1) as high-risk facilities such that--

 `(i) for the first 2 years after the date of enactment of the FDA Food Safety Modernization Act, each high-risk facility is inspected not less often than once every 2 years; and

`(ii) for each succeeding year, each high-risk facility is inspected not less often than once each year.

 `(C) NON-HIGH-RISK FACILITIES- The Secretary shall ensure that each facility that is not identified under paragraph (1) as a high-risk facility is inspected not less often than once every 4 years.

 `(b) Identification and Inspection at Ports of Entry- The Secretary, in consultation with the Secretary of Homeland Security, shall allocate resources to inspect articles of food imported into the United States according to the risk profile of the article of food, which shall be based on the following factors:

`(1) The risk profile of the food imported.

`(2) The risk profile of the countries of origin and countries of transport of the food imported.

`(3) The history of food recalls, outbreaks, and violations of food safety standards of the food importer.

`(4) The rigor of the foreign supplier verification program under section 805.

`(5) Whether the food importer participates in the voluntary qualified importer program under section 806.

`(6) Whether the food meets the criteria for priority under section 801(h)(1).

`(7) Whether the food is from a facility that has received a certificate as described in section 809(b).

`(8) Any other criteria deemed appropriate by the Secretary for purposes of allocating inspection resources.

 `(c) Coordination- The Secretary shall improve coordination and cooperation with the Secretary of Agriculture to target food inspection resources.

 `(d) Facility- For purposes of this section, the term `facility' means a domestic facility or a foreign facility that is required to register under section 415.'.

(b) Annual Report- Section 903 (21 U.S.C. 393) is amended by adding at the end the following:

 `(h) Annual Report Regarding Food- Not later than February 1 of each year, the Secretary shall submit to Congress a report regarding--

`(1) information about food facilities including--

`(A) the appropriations used to inspect facilities registered pursuant to section 415 in the previous fiscal year;

 `(B) the average cost of both a non-high-risk food facility inspection and a high-risk food facility inspection, if such a difference exists, in the previous fiscal year;

 `(C) the number of domestic facilities and the number of foreign facilities registered pursuant to section 415 that the Secretary inspected in the previous fiscal year;

Senate Bill S510 (FDA Food Safety Modernization Act) Explained (Sort of from one of the video links - he got the sponsor wrong):

When I heard about Senate Bill s510 I was completely freaked out. The first thing I heard about it was that it makes it illegal to grow your own food. I immediately got on the phone to call my senator about how OUTRAGED I was and why was he planning on putting my grandma in jail for that cute little patch of cucumbers she grows for her canned pickles! What kind of man likes to put grandmas in JAIL HUH? In fact, I think I will just go down there and tell him what an asshole he is in person!! But then I regained some of my brain cells and remembered that MY senator probably didn’t write the bill and took a journey down the rabbit hole to see what I could find out about this bill.

The first thing I found out was it doesn’t make growing your own food at home and eating it yourself illegal. PHHHEWWWW!! Grandma’s pickles are SAFE!! Then I started actually reading what WAS in the bill.

You will probably think this bill is a good thing. Unless you are one of those tin foil hat wearing weirdos who think you need rights and freedoms. It might even be better than that wonderful piece of extistence we call the Patriot Act (Don’t you LOVE that one?)

A couple pertinent facts on the bill include:

The original bill no longer exists. The new S510 is only one part of an amendment they kept. (Kinda makes you wonder how bad the first one was huh?) It also is only in committee, which means the senate has been asked to consider it. Will they vote on it? Why yes of course, otherwise the senate doesn’t care about the children. Did I mention the bill is sponsored by congressman Dingell?

but here is why you should be mad as hell and just aren’t going to take it anymore:

If you trade or give your food away, or sell it at farmers markets, you are no longer considered growing for personal consumption which puts you in a category as a Community Supported Agriculture supplier, or so you forget what it actually means CSA’s for short. This is a whole world of difference because now your food has to be “traceable” That means if your neighbor little sally walker has a tummy ache, you need to be held accountable for giving her those bacteria laden zucchinis. What it really means is a drive to the freshly built State Agriculture Office, to talk to the ladies who got promoted from the DMV to fill out a stack of paperwork the size of War and Peace, pay a handy little “CSA Liscensing fee” plus all the taxes and stuff of course, agree to surprise inspections, OH, and don’t forget that dollar to the blabbity blabb fund. By the way would you like to register to vote sir?

So in other words you don’t grow it yourself, you probably aren’t going to get to eat it. Which is going to make you a pretty big ball of sad if you get most of your fruits and veggies from farmers markets. Is this going to be the end of organic farming? No probably not directly or in the near future but farmers who can afford to give away 50% of their profits to the government to implement this bill will probably not going to be living in your town. And because of the lack of farmers putting their heirloom seed grown produce out there, we will eventually see a decline in the amount of heirloom seeds available to the public. The worst part though is the bill will directly affect pet and animal feed manufacturers as well, which means higher feed costs for farmers, which means you ain’t makin chicken wings for the backyard barbecue buddy. It’s all hot dogs from here. We will probably still get hamburgers for a while, but eventually hamburgers will be the price of steak, steak will be the price of lobster, lobster will be filled with oil.

So the question now is how much do you love freedom? And vegetables.

PS there is a counter part in the house of representatives to this bill called H.R. 2749 I haven’t checked it out but it may be cause for a part 2 and s510 could cost Americans $825 billion in 2010 alone

I have seen reassuring analysis of this bill on various organic and progressive food blogs.

The large organic produce/dairy co-op where I live is Progressive with a capital P. So are the medium-sized ($1.5M-$3M annually) organic producers. Our Farmers Market was THE source for all things “O” in the last election cycle.

The only producers I can foresee being impacted by this MAY be the maple syrup folks, the fermentated foods (kraut/kimchee/miso/tempeh) folks and possibly the vinters (both grape and local fruit wines). Every single one of these businesses supports the regime and has lobbyists.

I really doubt passage is politically possible.

Today I traded home-grown tomatoes for home-grown green beans. My trading partner is a staunch conservative. So, had this bill been law, who is to know?

And they said it wouldn’t be possible to control the food told about in the Bible.

Look at the number of [Struck out] entries on the S.510RS bill. It looks like someone finally read enough of the bill to want to gut it. If you reference this bill for the final text on Thomas register, you get an error message indicating it is not complete.

Regardless, HR2749 as referred to the Senate is an absolute horror that Dingell and crowd produced. Someone yesterday told me that the Senate had passed this bill and it was reffered back to the House and was passed just before recess. I think that information is totally wrong, and I see no indication that the Senate has voted on it in any form..

But Obozo and crowd will stoop to anything to remain in power and to subject this nation. He is the ultimate Trojan Horse.

Look at the number of [Struck out] entries on the S.510RS bill.

I was referring to my post #35

March 3, 2009

December 18, 2009

[Strike out all after the enacting clause and insert the part printed in italic]

[Struck out->] SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS. [<-Struck out]

[Struck out->] TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS [<-Struck out]

[Struck out->] TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS [<-Struck out]

[Struck out->] TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD [<-Struck out]

[Struck out->] TITLE IV--MISCELLANEOUS PROVISIONS [<-Struck out]

[Struck out->] TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS [<-Struck out]

[Struck out->] SEC. 101. INSPECTIONS OF RECORDS. [<-Struck out]

[Struck out->] SEC. 102. REGISTRATION OF FOOD FACILITIES. [<-Struck out]

[Struck out->] SEC. 103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. [<-Struck out]

[Struck out->] `SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. [<-Struck out]

[Struck out->] SEC. 104. PERFORMANCE STANDARDS. [<-Struck out]

[Struck out->] SEC. 105. STANDARDS FOR PRODUCE SAFETY. [<-Struck out]

[Struck out->] `SEC. 419. STANDARDS FOR PRODUCE SAFETY. [<-Struck out]

[Struck out->] SEC. 106. PROTECTION AGAINST INTENTIONAL ADULTERATION. [<-Struck out]

[Struck out->] `SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION. [<-Struck out]

[Struck out->] SEC. 107. AUTHORITY TO COLLECT FEES. [<-Struck out]

[Struck out->] `PART 5--FEES RELATED TO FOOD [<-Struck out]

[Struck out->] `SEC. 740A. AUTHORITY TO COLLECT AND USE FEES. [<-Struck out]

[Struck out->] SEC. 108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY. [<-Struck out]

[Struck out->] SEC. 109. FOOD AND AGRICULTURE COORDINATING COUNCILS. [<-Struck out]

[Struck out->] SEC. 110. BUILDING DOMESTIC CAPACITY. [<-Struck out]

[Struck out->] SEC. 111. FINAL RULE FOR PREVENTION OF SALMONELLA ENTERITIDIS IN SHELL EGGS DURING PRODUCTION. [<-Struck out]

[Struck out->] SEC. 112. SANITARY TRANSPORTATION OF FOOD. [<-Struck out]

[Struck out->] SEC. 113. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT. [<-Struck out]

[Struck out->] TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS [<-Struck out]

[Struck out->] SEC. 201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. [<-Struck out]

[Struck out->] `SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. [<-Struck out]

[Struck out->] `SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.` [<-Struck out]

[Struck out->] `TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD` [<-Struck out]

[Struck out->] `TITLE IV--MISCELLANEOUS PROVISIONS` [<-Struck out]

[Struck out->] `TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `SEC. 101. INSPECTIONS OF RECORDS.` [<-Struck out]

[Struck out->] `SEC. 102. REGISTRATION OF FOOD FACILITIES.` [<-Struck out]

[Struck out->] `SEC. 103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.` [<-Struck out]

[Struck out->] `SEC. 104. PERFORMANCE STANDARDS.` [<-Struck out]

[Struck out->] `SEC. 105. STANDARDS FOR PRODUCE SAFETY.` [<-Struck out]

[Struck out->] `SEC. 106. PROTECTION AGAINST INTENTIONAL ADULTERATION.` [<-Struck out]

[Struck out->] `SEC. 107. AUTHORITY TO COLLECT FEES.` [<-Struck out]

[Struck out->] `SEC. 108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.` [<-Struck out]

[Struck out->] `SEC. 109. FOOD AND AGRICULTURE COORDINATING COUNCILS.` [<-Struck out]

[Struck out->] `SEC. 110. BUILDING DOMESTIC CAPACITY.` [<-Struck out]

[Struck out->] `SEC. 111. FINAL RULE FOR PREVENTION OF SALMONELLA ENTERITIDIS IN SHELL EGGS DURING PRODUCTION.` [<-Struck out]

[Struck out->] `SEC. 112. SANITARY TRANSPORTATION OF FOOD.` [<-Struck out]

[Struck out->] `SEC. 113. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.` [<-Struck out]

[Struck out->] `TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY PROBLEMS` [<-Struck out]

[Struck out->] `SEC. 201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT.` [<-Struck out]