Sec. 204. Performance standards for contaminants in food
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Whenever the Administrator determines that a foodborne contaminant presents the risk of serious adverse health consequences or death to consumers, causes food to be adulterated, or could promote the spread of communicable disease described in section 361 of the Public Health Service Act ( 42 U.S.C. 264 ), the Administrator shall issue a performance standard (in the form of guidance, action levels, or regulations) to prevent or control the contaminant. Not later than 1 year after the promulgation of a performance standard under this section, the Administrator shall implement a statistically significant sampling program to determine whether food facilities are complying with the standards promulgated under this section.
If the Administrator determines that a food facility fails to meet a standard promulgated under this section, and such facility fails to take appropriate corrective action as determined by the Administrator, the Administrator shall, as appropriate— detain, seize, or condemn food from the food facility under section 209(i); order a recall of food from the food facility under section 402; increase the inspection frequency for the food facility; withdraw the mark of inspection from the food facility, if in use; or take other appropriate enforcement action concerning the food facility, including suspension of registration.
Notwithstanding any other provision of this section, the Administrator shall promulgate interim performance standards for newly identified contaminants as necessary to protect the public health. All performance standards, tolerances, action levels, or other similar standards with respect to food in effect on the date of enactment of this Act shall remain in effect until revised or revoked by the Administrator.
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Sec. 204
Performance standards for contaminants in food
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