Sec. 209. Imports

482 words·~2 min read·/bill/116/s/1995/is/section-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a system under which a foreign government seeking to certify food for importation into the United States shall submit a request for accreditation to the Administrator. A foreign government requesting to be accredited to certify food for importation into the United States shall demonstrate, in a manner determined appropriate by the Administrator, that the foreign government (or an agency thereof) is capable of adequately ensuring that eligible entities or foods certified by such government (or agency) meet the requirements of the food safety law.

Prior to granting accreditation to a foreign government under this section, the Administrator shall review and audit the food safety program of the requesting foreign government and certify that such program (including all statutes, regulations, and inspection authority) meets the standard specified in subsection (b). Any accreditation of a foreign government under this section shall— specify the foods covered by the accreditation; and be limited to a period not to exceed 5 years.

The Administrator may withdraw accreditation fully or partially from a foreign government if the Administrator finds that— food covered by the accreditation is linked to an outbreak of human illness; the programs or procedures of the foreign government no longer meet the standards of the food safety programs and procedures of the United States; or the foreign government refuses to allow United States officials to conduct such audits and investigations as may be necessary to fulfill the requirements under this section.

The Administrator shall audit foreign governments accredited under this section at least every 5 years to ensure the continued compliance by such governments with the standard set forth in subsection (b). The Administrator shall routinely inspect food or food animals by physical examination before the food or food animals enter the United States to ensure that the food or food animals— are safe; are labeled as required for food produced in the United States; and otherwise meet the requirements of the food safety law.

The Administrator may— deny importation of food from any country if the country’s government does not permit United States officials to enter the country to conduct such audits and inspections as may be necessary to fulfill the requirements under this section; deny importation of food from any country or foreign facility that does not consent to an investigation by the Administrator when food from that country or foreign facility is linked to a foodborne illness outbreak or is otherwise found to be adulterated or mislabeled; and promulgate regulations to carry out the purposes of this section, including setting terms and conditions for the destruction of products that fail to meet the standards of the food safety law.

Any food imported for consumption in the United States that fails to meet the standards of the food safety law may be detained, seized, or condemned.