S.Amdt. 4709

1. Adds SEC. 310. RESTRICTION ON PARTICIPATION IN VOLUNTARY QUALIFIED IMPORTER PROGRAM at the end of title III

   Adds a section

   In S. 510 · Reported to Senate

   (d) Definition.--In this subsection, the term "smuggled food" means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.

   Inserted: SEC. 310. RESTRICTION ON PARTICIPATION IN VOLUNTARY QUALIFIED IMPORTER PROGRAM.

   Inserted: Section 806 of the Federal Food, Drug, and Cosmetic Act (as added by section 302), is amended--

   Inserted: (1) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

   Inserted: (2) by inserting after subsection (d) the following:

   Inserted: "(e) Restriction on Participation.--Notwithstanding section 307 of the Tariff Act of 1930, the Secretary shall deny entry into the United States under the program described in this section of any food exported from a country listed by the Bureau of International Labor Affairs of the Department of Labor in the 'List of Goods Produced by Child Labor or Forced Labor' for the most recent reporting period as a country that produces food with the use of child or forced labor.".

   Inserted: SEC. 311. IMPORTED SEAFOOD.

   Inserted: (a) Penalties for the Import of Seafood Containing Banned Substances.--Section 303 (21 U.S.C. 333) is amended by adding at the end the following:

   Inserted: "(h) If the Secretary finds that seafood imported or offered for import into the United States contains a substance that has been banned by the Food and Drug Administration for use in food in the United States, the following shall apply to the importer of such seafood, notwithstanding section 801:

   Inserted: "(1) In the case of a first such violation by an importer, the Secretary shall impose a fine upon the importer, in an amount determined by the Secretary.

   Inserted: "(2) In the case of a second such violation by an importer, the Secretary shall ban such importer from importing or offering for import into the United States seafood until the importer provides substantiating evidence that seafood imported or offered for import by such importer does not contain any substance banned by the Food and Drug Administration for use in food.

   Inserted: "(3) In the case of a third such violation, the Secretary shall permanently ban the importer from importing or offering for import into the United States seafood.".

   Inserted: (b) Inspection of Imported Seafood.--

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   Inserted: (1) In general.--Section 801 (21 U.S.C. 381), as amended by section 303, is further amended by adding at the end the following:

   Inserted: "(r) The Secretary shall inspect not less than 20 percent of all seafood imported or offered for import into the United States.".

   Inserted: (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2015.

   Inserted: SEC. 312. REGISTRATION FOR COMMERCIAL IMPORTERS OF FOOD.

   Inserted: (a) Prohibitions.--Section 301 (21 U.S.C. 331), as amended by section 301(b) of this Act, is further amended by adding at the end the following:

   Inserted: "(aaa) the failure to register in accordance with section 801(s).".

   Inserted: (b) Misbranding.--Section 403 (21 U.S.C. 343) is amended by adding at the end the following:

   Inserted: "(z) If it is imported or offered for import by an importer not duly registered under section 801(s).".

   Inserted: (c) Registration.--Section 801 (21 U.S.C. 381), as amended by section 310 of this Act, is further amended by adding at the end the following:

   Inserted: "(s) Registration of Importers.--

   Inserted: "(1) In general.--The Secretary shall require an importer of food to be registered with the Secretary in a form and manner specified by the Secretary.

   Inserted: "(2) Conditions of registration.--As a condition of registration under paragraph (1), an importer shall demonstrate to the Secretary that:

   Inserted: "(A) the importer has fully disclosed to the Secretary all ownership interests in the importer;

   Inserted: "(B) the importer has sufficiently complied with U.S. food safety and trade laws;

   Inserted: "(C) the importer has submitted appropriate unique facility identifiers required under section 1012;

   Inserted: "(D) there is no reason to believe that the importer is not likely to engage in good importer practices described in paragraph (3); and

   Inserted: "(E) the importer has sufficiently demonstrated or provided information regarding any other requirement deemed necessary for registration by the Secretary."

   Inserted: "(3) Good importer practices.--The initial grant and subsequent maintenance of registration under this subsection is conditioned on compliance with good importer practices in accordance with the following:

   Inserted: "(A) The Secretary, in consultation with Customs and Border Protection, shall promulgate regulations to establish good importer practices that specify the measures an importer shall take to ensure imported food is in compliance with the requirements of this Act.

   Inserted: "(B) The measures under subparagraph (A) shall ensure that the importer of a food--

   Inserted: "(i) has adequate information about the food, hazards of the food, and the requirements of this Act applicable to such food;

   Inserted: "(ii) has adequate information or procedures in place to verify that both the food and each person that produced, manufactured, processed, packed, transported, or held the food, including components of the food, are in compliance with the requirements of this Act; and

   Inserted: "(iii) has adequate procedures in place to take corrective action, such as the ability to appropriately trace, withhold, and recall articles of food, if a food imported by the importer is not in compliance with the requirements of this Act.

   Inserted: "(4) Suspension of registration.--Registration under this subsection is subject to suspension upon a finding by the Secretary, after notice and an opportunity for an informal hearing, of--

   Inserted: "(A) a violation of this Act; or

   Inserted: "(B) the knowing or repeated making of an inaccurate or incomplete statement or submission of information relating to the importation of food."

   Inserted: "(5) Cancellation of registration.--

   Inserted: "(A) In general.--Not earlier than 10 days after providing the notice under subparagraph (B), the Secretary shall cancel a registration that the Secretary determines was not updated in accordance with this section or otherwise contains false, incomplete, or inaccurate information.

   Inserted: "(B) Notice of cancellation.--Cancellation shall be preceded by notice to the importer of the intent to cancel the registration and the basis for such cancellation.

   Inserted: "(C) Timely update or correction.--If the registration for the importer is updated or corrected not later than 7 days after notice is provided under subparagraph (B), the Secretary shall not cancel such registration.

   Inserted: "(6) Exemptions.--The Secretary, by notice published in the Federal Register--

   Inserted: "(A) shall establish an exemption from the requirements of this subsection for importations for personal use; and

   Inserted: "(B) may establish other exemptions from the requirements of this subsection."

   Inserted: (d) Unique Identification Number for Importers.--

   Inserted: (1) In general.--Chapter X (21 U.S.C. 391 et seq) is amended by adding at the end the following:

   Inserted: "SEC. 1012. UNIQUE FACILITY IDENTIFIER.

   Inserted: "(a) Registration of Importers.--A person required to register pursuant to section 801(s) shall submit, at the time of registration, a unique facility identifier for the principal place of business for which such person is required to register under section 801(s).

   Inserted: "(b) Guidance.--The Secretary may, by guidance, and in consultation with the Commissioner responsible for Customs and Border Protection, specify the unique numerical identifier system to be used to meet the requirements of subsection (a) and the form, manner, and timing of a submission under such subsection. Development of such guidelines shall take into account the utilization of existing unique identification schemes and compatibility with customs automated systems, such as integration with the Automated Commercial Environment and the International Trade Data System, and any successor systems.

   Inserted: "(c) Importation.--An article of food imported or offered for import shall be refused admission unless the appropriate unique facility identifiers, as specified by the Secretary, are provided for such article.".

   Inserted: (e) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Commissioner of Customs and Border Protection, shall promulgate the regulations required to carry out sections 801(s) and 1012 of the Federal Food, Drug, and Cosmetic Act, as added by subsections (c) and (d).

   Inserted: (f) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

   Original wording

   At the end of title III, insert the following:

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As printed