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108hr4709ih | (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person... |
108hr4709ih | and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual a... |
108hr4709ih | (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages i... |
108hr4709ih | is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty ... |
108hr4709ih | (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. |
108hr4709ih | (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and s... |
108hr4709ih | however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desir... |
108hr4709ih | or arouse or gratify the sexual desire of any person. (b) Conforming amendments
(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking rape, and inserting aggravated sexual abuse, aggravated sexual abuse of a child, |
108hr4709ih | (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking Rape or carnal knowledge and inserting Aggravated sexual abuse of a child or sexual abuse of a minor. (c) Clerical amendment
The table of sections at the beginning of ... |
108hr4709ih | (d) Effective date
The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. |
108hr4709ih | (e) Interim maximum punishments
Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Militar... |
108hr4709ih | (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement ... |
108hr4709ih | (f) No preemption
The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense. 920. Art. 120. Sexual ... |
108hr4709ih | (2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) renders another person unconscious and thereby engages in a sexual act with that other person; or (4) administers to another person... |
108hr4709ih | and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual a... |
108hr4709ih | (c) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (2) engages i... |
108hr4709ih | is guilty of sexual abuse and shall be punished as a court-martial may direct. (d) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; and (B) is not that person’s spouse; is guilty ... |
108hr4709ih | (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. |
108hr4709ih | (e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person’s spouse; is guilty of sexual abuse of a prisoner and s... |
108hr4709ih | however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desir... |
108hr4709ih | or arouse or gratify the sexual desire of any person. |
108hr4776ih | 1. Bullying and Harassment Prevention Policies, Programs, and Statistics
(a) State Reporting Requirements
Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7112(c)(3)(B)(iv) ) is amended by inserting , including bullying and harassment, after violence. (b) State Application
... |
108hr4776ih | by striking and at the end; and (B) by adding at the end the following: (E) the incidence and prevalence of reported incidents of bullying and harassment; and (F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassme... |
108hr4776ih | and (4) by adding at the end the following: (20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement. (c) Local Educa... |
108hr4776ih | (B) in subclause (I), by striking and at the end; and (C) by adding at the end the following: (III) performance indicators for bullying and harassment prevention programs and activities; and ; and (2) in paragraph (7)— (A) in subparagraph (A), by inserting , including bullying and harassment after disorderly conduct ; ... |
108hr4776ih | and (G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including— (i) the name of the school or district officials who are designated as responsible for receiving such complaints; and (ii)... |
108hr4776ih | 7115(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (vi), by striking and at the end; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (viii) teach students about the consequences of bullying and harassment. |
108hr4776ih | ; and (2) in subparagraph (E), by adding at the end the following: (xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.. (e) Reporting
S... |
108hr4776ih | 7132 ) is amended— (1) in subsection (a)(2), by striking and school violence and inserting school violence, including bullying and harassment, ; and (2) in the first sentence of subsection (b), by inserting , including bullying and harassment, after drug use and violence. (g) Definitions
(1) Drug and Violence Preventi... |
108hr4776ih | (2) Protective Factor, Buffer, or Asset
Paragraph (6) of such section is amended by inserting , including bullying and harassment after violent behavior. (3) Risk Factor
Paragraph (7) of such section is amended by inserting , including bullying and harassment after violent behavior. (4) Bullying, Harassment, and Viol... |
108hr4776ih | religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to par... |
108hr4776ih | religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to par... |
108hr4776ih | (14) Violence
The term violence includes bullying and harassment.. (h) Effect on Other Laws
(1) Amendment
The Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: 4156. |
108hr4776ih | Effect on Other Laws
(a) Federal and State Nondiscrimination Laws
Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ... |
108hr4776ih | 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws
Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and... |
108hr4776ih | 4156. Effect on other laws. 4156. Effect on Other Laws
(a) Federal and State Nondiscrimination Laws
Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act ... |
108hr4776ih | ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws
Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Fede... |
108hr4561ih | 1. Modification of treatment of adopted children
(a) In general
Section 101(b)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(i), by striking a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with... |
108hr4561ih | the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years: ; and (2) in subparagraph (F)— (A) in clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an ... |
108hr4561ih | and (iii) by striking the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: and inserting the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the complian... |
108hr4561ih | by striking except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b). and inserting except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domesti... |
108hr4561ih | 1101(b)(1)(G) ) is amended— (A) in the matter preceding clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; and (ii) by inserting while under the age of 1... |
108hr4561ih | and (ii) by adding at the end the following: (VI) in the case of a child who— (aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or (bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age o... |
108hr4561ih | (2) Effective date
The amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 ( Public Law 106–279 ). (c) Naturalization purposes
Section 101(c)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(1) ) is amended to read ... |
108hr4561ih | or under the law of the father’s residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and (B) except as otherwise provi... |
108hr5259ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Safe Food Act of 2004. (b) Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Establishment of Food Safety Administration Sec... |
108hr5259ih | Sec. 103. Additional duties of the Administration. TITLE II—Administration of food safety program Sec. 201. Administration of national program. Sec. 202. Registration of food establishments and foreign food establishments. Sec. 203. Preventative process controls to reduce adulteration of food. Sec. 204. Performance sta... |
108hr5259ih | Sec. 209. Resource plan. Sec. 210. Traceback. TITLE III—Research and education Sec. 301. Public health assessment system. Sec. 302. Public education and advisory system. Sec. 303. Research. TITLE IV—Enforcement Sec. 401. Prohibited acts. Sec. 402. Food detention, seizure, and condemnation. Sec. 403. Notification and re... |
108hr5259ih | 406. Presumption. Sec. 407. Whistleblower protection. Sec. 408. Administration and enforcement. Sec. 409. Citizen civil actions. TITLE V—Implementation Sec. 501. Definition. Sec. 502. Reorganization plan. Sec. 503. Transitional authorities. Sec. 504. Savings provisions. Sec. 505. Conforming amendments. Sec. 506. Additi... |
108hr5259ih | 508. Authorization of appropriations. Sec. 509. Limitation on authorization of appropriations. Sec. 510. Effective date. 2. Findings; purposes
(a) Findings
Congress finds that— (1) the safety of the food supply of the United States is vital to the public health, to public confidence in the food supply, and to the suc... |
108hr5259ih | (3) the safety and security of the food supply requires an integrated, system-wide approach to preventing food-borne illness, a thorough and broad-based approach to basic and applied research, and intensive, effective, and efficient management of the Nation's food safety program; (4) the task of preserving the safety o... |
108hr5259ih | (C) an increasing volume of imported food, without adequate monitoring and inspection; and (D) maintenance of rigorous inspection of the domestic food processing and food service industries; (5) Federal food safety standard setting, inspection, enforcement, and research efforts should be based on the best available sci... |
108hr5259ih | and operates under laws that do not reflect current conditions in the food system or current scientific knowledge about the cause and prevention of food-borne illness; (7) the fragmented Federal food safety system and outdated laws preclude an integrated, system-wide approach to preventing food-borne illness, to the ef... |
108hr5259ih | enforcement, and research efforts are based on scientifically supportable assessments of risks to public health; and (9) the lack of a single focal point for food safety leadership in the United States undercuts the ability of the United States to exert food safety leadership internationally, which is detrimental to th... |
108hr5259ih | (B) to ensure that food establishments fulfill their responsibility to produce food in a manner that protects the public health of all people in the United States; (C) to lead an integrated, system-wide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness; and ... |
108hr5259ih | and (3) to modernize the Federal food safety laws to achieve more effective application and efficient management of the laws for the protection and improvement of public health. 3. Definitions
In this Act: (1) Administration
The term Administration means the Food Safety Administration established under section 101(a)... |
108hr5259ih | (3) Adulterated
(A) In general
The term adulterated has the meaning described in subsections (a) through (c) of section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a) –(c)). (B) Inclusion
The term adulterated includes bearing or containing a contaminant that causes illness or death among sensitiv... |
108hr5259ih | (5) Category 1 food establishment
The term category 1 food establishment means a food establishment that routinely slaughters animals for human consumption. (6) Category 2 food establishment
The term category 2 food establishment means a food establishment that processes raw meat, poultry, seafood products, and other... |
108hr5259ih | (7) Category 3 food establishment
The term category 3 food establishment means a food establishment that processes meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and whose processes include a step validated to destroy contaminants... |
108hr5259ih | (9) Category 5 food establishment
The term category 5 food establishment means a food establishment that stores, holds, or transports food products prior to delivery for retail sale. (10) Contaminant
The term contaminant includes a bacterium, chemical, natural or manufactured toxin, virus, parasite, prion, physical h... |
108hr5259ih | (12) Food
(A) In general
The term food means a product intended to be used for food or drink for a human. (B) Inclusions
The term food includes any product (including a meat food product, as defined in section 1(j) of the Federal Meat Inspection Act ( 21 U.S.C. 601(j) )), capable for use as human food that is made i... |
108hr5259ih | 453 )). (C) Exclusion
The term food does not include dietary supplements, as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) ). (13) Food establishment
(A) In general
The term food establishment means a slaughterhouse, factory, warehouse, or facility owned or operated by a ... |
108hr5259ih | (B) Exclusions
For the purposes of registration, the term food establishment does not include a farm, restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that... |
108hr5259ih | (15) Food safety law
The term food safety law means— (A) the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) related to and requiring the safety, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food under that Act; ... |
108hr5259ih | and of any other Act that are administered by the Center for Veterinary Medicine of the Food and Drug Administration; (C) the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ); (D) the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); (E) the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); (F) the ... |
108hr5259ih | ); (G) the provisions of the Humane Methods of Slaughter Act of 1978 ( Public Law 95–448 ) administered by the Food Safety and Inspection Service; (H) the provisions of this Act; and (I) such other provisions of law related to and requiring food safety, labeling, inspection, and enforcement as the President designates ... |
108hr5259ih | (16) Foreign food establishment
(A) In general
The term foreign food establishment means a slaughterhouse, factory, warehouse, or facility located outside the United States that processes food that is imported into the United States without further processing or packaging inside the United States. (B) Further process... |
108hr5259ih | (17) Interstate commerce
The term interstate commerce has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(b) ). (18) Misbranded
The term misbranded has the meaning given that term in section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ). (1... |
108hr5259ih | (20) Safe
The term safe refers to human health. (21) State
The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 101. Establishment of Food Safety Administration
(a) Establishment
(1) In general
There is... |
108hr5259ih | (2) Status
The Administration shall be an independent establishment (as defined in section 104 of title 5, United States Code). (3) Head of Administration
The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. ... |
108hr5259ih | including intentional contamination; and (4) oversee— (A) implementation of Federal food safety inspection, enforcement, and research efforts, to protect the public health; (B) development of consistent and science-based standards for safe food; (C) coordination and prioritization of food safety research and education ... |
108hr5259ih | and (F) integration of Federal food safety activities with State and local agencies. 102. Consolidation of separate food safety and inspection services and agencies
(a) Transfer of functions
For each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of... |
108hr5259ih | (b) Transferred agencies
The Federal agencies referred to in subsection (a) are— (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration; (3) the part of the Agriculture Marketing Service that administers shel... |
108hr5259ih | (5) the resources and facilities of the Office of the Commissioner of the Food and Drug Administration that support— (A) the Center for Food Safety and Applied Nutrition; (B) the Center for Veterinary Medicine; and (C) the Office of Regulatory Affairs facilities and resources described in paragraph (4); (6) the Center ... |
108hr5259ih | (9) the part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce that administers the seafood inspection program; and (10) such other offices, services, or agencies as the President designates by Executive order to carry out this Act. 103. |
108hr5259ih | Additional duties of the Administration
(a) Officers and employees
The Administrator may— (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and e... |
108hr5259ih | (b) Experts and consultants
The Administrator may— (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and p... |
108hr5259ih | (c) Bureaus, offices, and divisions
The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. 201. Administration of national program
(a) In general
The Administrator shall— (1) administer a... |
108hr5259ih | (b) Comprehensive analysis
The program shall be based on a comprehensive analysis of the hazards associated with different food and with the processing of different food, including the identification and evaluation of— (1) the severity of the potential health risks; (2) the sources and specific points of potential con... |
108hr5259ih | (c) Program elements
In carrying out the program, the Administrator shall— (1) implement a national system for the registration of food establishments and foreign food establishments and regular unannounced inspection of food establishments; (2) enforce the adoption of process controls in food establishments, based on... |
108hr5259ih | (4) implement a sampling program to ensure that industry programs and procedures that prevent food contamination are effective on an ongoing basis and that food meets the standards established under this Act; (5) implement procedures and requirements to ensure the safety and security of imported food; (6) coordinate wi... |
108hr5259ih | (8) develop public education risk communication and advisory programs; (9) implement a research program to further the purposes of this Act; and (10) coordinate and prioritize food safety research and educational programs with other agencies, including State or local agencies. 202. Registration of food establishments a... |
108hr5259ih | (b) Registration requirements
(1) In general
To be registered under subsection (a)— (A) in the case of a food establishment, the owner, operator, or agent in charge of the food establishment shall submit a registration to the Administrator; and (B) in the case of a foreign food establishment, the owner, operator, or ... |
108hr5259ih | (2) Registration
A food establishment or foreign food establishment shall submit a registration under paragraph (1) to the Administrator that— (A) identifies the name, address, and emergency contact information of each food establishment or foreign food establishment that the registrant operates under this Act and all... |
108hr5259ih | for foreign food establishments selling food for consumption in the United States, identifies the specific food categories of that food as listed under section 170.3 of title 21, Code of Federal Regulations; and (D) not later than 30 days after a change in the products, function, or legal status of the food establishme... |
108hr5259ih | (3) Procedure
Upon receipt of a completed registration described in paragraph (1), the Administrator shall notify the registrant of the receipt of the registration and assign a registration number to each food establishment and foreign food establishment. (4) List
The Administrator shall compile and maintain an up-to... |
108hr5259ih | (5) Disclosure exemption
The disclosure requirements under section 552 of title 5, United States Code, shall not apply to— (A) the list compiled under paragraph (4); and (B) information derived from the list under paragraph (4), to the extent that it discloses the identity or location of a specific registered person. ... |
108hr5259ih | (B) Notice and opportunity for hearing
The Administrator shall provide notice to a registrant immediately upon the suspension of the registration of the facility and provide registrant with an opportunity for a hearing within 3 days of the suspension. (7) Reinstatement
A registration that is suspended under this sect... |
108hr5259ih | promulgate regulations to ensure that food establishments— (1) process food in a sanitary manner; (2) limit the presence of potentially harmful contaminants in food; (3) implement appropriate measures of preventative process control to minimize and reduce the presence and growth of contaminants in food and meet the per... |
108hr5259ih | will destroy contaminants. (b) Regulations
Not later than 1 year after the effective date of this Act, the Administrator shall promulgate regulations that— (1) require all food establishments to adopt preventative process controls that are— (A) adequate to protect the public health; (B) meet relevant regulatory and fo... |
108hr5259ih | (5) require sampling and testing at a frequency and in a manner sufficient to ensure that process controls are effective on an ongoing basis and that regulatory standards are being met; and (6) provide for agency access to records kept by food establishments and submission of copies of the records to the Administrator,... |
108hr5259ih | Performance standards for contaminants in food
(a) In general
To protect the public health, the Administrator shall establish by regulation and enforce performance standards that define, with respect to specific food-borne contaminants and foods, the level of food safety performance that a person responsible for prod... |
108hr5259ih | (2) Performance standards
As soon as practicable after the identification of the contaminants under paragraph (1), the Administrator shall establish appropriate performance standards to protect against all food-borne contaminants. (3) Significant contaminants
The Administrator shall establish performance standards fo... |
108hr5259ih | (c) Performance standards
(1) In general
The performance standards established under this section shall include— (A) health-based standards that set the level of a contaminant that can safely and lawfully be present in food; (B) zero tolerances, in addition to any zero-tolerance standards in effect on the day before ... |
108hr5259ih | and (D) in the absence of data to support a performance standard described in subparagraph (A), (B), or (C), standards that define required performance in terms of “best reasonably achievable performance”, using best available technologies, interventions, and practices. (2) Best reasonably achievable performance standa... |
108hr5259ih | (3) Revocation by administrator
All performance standards, tolerances, action levels, or other similar standards in effect on the date of enactment of this Act shall remain in effect until revised or revoked by the Administrator. (d) Enforcement
(1) In general
Not later than 1 year after the promulgation of a perfor... |
108hr5259ih | The program established under this paragraph shall be at least as stringent as the Hazard Analysis and Critical Control Point System requirements established under part 417 of title 9, Code of Federal Regulations (or successor regulation). |
108hr5259ih | (2) Inspections
If the Administrator determines that a food establishment fails to meet a standard promulgated under this section, and such establishment fails to take appropriate corrective action as determined by the Administrator, the Administrator shall, as appropriate— (A) detain, seize, or condemn food from the ... |
108hr5259ih | (e) Newly Identified contaminants
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. 205. Inspections of food establishments
(a) In general
The Administrator shall establish... |
108hr5259ih | and other regulatory requirements; (4) is processing food that is safe for human consumption and not adulterated or misbranded; (5) maintains records of process control plans under section 203, and other records related to the processing, sampling, and handling of food; and (6) is in compliance with the requirements of... |
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