Sec. 12106. FOOD SAFETY INSPECTION

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## SEC. 12106 FOOD SAFETY INSPECTION ###

(a)Inspections ####

(1)In general Section 1(w) of the Federal Meat Inspection Act (21 U.S.C. 601(w)) is amended by striking paragraph

(2)and inserting the following: > > #### “(2) > > all fish of the order Siluriformes; and” > . ####

(2)Conditions Section 6 of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by striking subsection

(b)and inserting the following: > > ### “(b) Certain Fish > > In the case of an examination and inspection under subsection

(a)of a meat food product derived from any fish described in section 1(w)(2), the Secretary shall take into account the conditions under which the fish is raised and transported to a processing establishment.” > . ####

(3)Inapplicability Section 25 of the Federal Meat Inspection Act (21 U.S.C. 625) is amended by striking “not apply” and all that follows and inserting “not apply to any fish described in section 1(w)(2).”. ####

(4)Conforming amendment Section 203(n) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n)) is amended by striking paragraph

(1)and inserting the following: > > #### “(1) > > all fish of the order Siluriformes; and” > . ###

(b)Implementation **[**[21 U.S.C. 601 note](/us/usc/t21/s601)**]** ####

(1)In general The Secretary shall— #####

(A)not later than 60 days after the date of enactment of this Act, issue final regulations to carry out the amendments made by section 11016(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2130), as further clarified by the amendments made by this section; and #####

(B)not later than 1 year after the date of enactment of this Act, implement the amendments described in subparagraph (A). ####

(2)Notification Beginning 30 days after the date of enactment of this Act and every 30 days thereafter until the date of full implementation of the amendments described in paragraph (1)(A), the Secretary shall submit a report describing the status of implementation to— #####

(A)the Committee on Agriculture of the House of Representatives; #####

(B)the Committee on Agriculture, Nutrition and Forestry of the Senate; #####

(C)the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and #####

(D)the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate. ####

(3)Procedure Section 1601(c)(2) applies to the promulgation of the regulations and administration of this section and the amendments made by this section. ####

(4)Conforming amendment **[**[21 U.S.C. 601 note](/us/usc/t21/s601)**]** Section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2130) is amended by striking paragraph

(2)and inserting the following: > > #### “(2) Implementation > > > ##### “(A) Regulations > > Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary, in consultation with the Commissioner of Food and Drugs, shall issue final regulations to carry out the amendments made by paragraph

(1)and section 12106 of that Act in a manner that ensures that there is no duplication in inspection activities. > > > ##### “(B) Interagency coordination > > Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary shall execute a memorandum of understanding with the Commissioner of Food and Drugs for the following purposes: > > > ###### “(i) > > To improve interagency cooperation on food safety and fraud prevention, building upon any other prior agreements, including provisions, performance metrics, and timelines as appropriate. > > > ###### “(ii) > > To maximize the effectiveness of limited personnel and resources by ensuring that— > > > ###### “(I) > > inspections conducted by the Department satisfy requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); > > > ###### “(II) > > inspections of shipments and processing facilities for fish of the order Siluriformes by the Department and the Food and Drug Administration are not duplicative; and > > > ###### “(III) > > any information resulting from examination, testing, and inspections conducted is considered in making risk-based determinations, including the establishment of inspection priorities.” > . ###

(c)Effective Date **[**[21 U.S.C. 601 note](/us/usc/t21/s601)**]** This section and the amendments made by this section shall take effect as if enacted as part of section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2130).

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