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108hr5259ih | subject to subsections (c) and (d): (1) Category 1 food establishments
A category 1 food establishment shall be subject to antemortem and continuous inspection of each slaughter line during all operating hours, and other inspection on a daily basis, sufficient to verify that— (A) diseased animals are not offered for s... |
108hr5259ih | (2) Category 2 food establishments
A category 2 food establishment shall be randomly inspected at least daily. (3) Category 3 food establishments
A category 3 food establishment shall— (A) have ongoing verification that its processes are controlled; and (B) be randomly inspected at least monthly. (4) Category 4 food ... |
108hr5259ih | (c) Alternative inspection frequencies
With respect to a category 2, 3, 4, or 5 food establishment, the Administrator may establish alternative inspection frequencies for subcategories of food establishments or individual establishments, to foster risk-based allocation of resources, subject to the following criteria a... |
108hr5259ih | (2) Regulations of alternative inspection frequencies for subcategories of food establishments under paragraph (1) and for a specific food establishment under paragraph (4) shall provide that— (A) category 2 food establishments shall be inspected at least monthly; and (B) category 3, 4, and 5 food establishments shall ... |
108hr5259ih | (B) the manner in which food products are processed, stored, or transported; (C) the inherent likelihood that the products will contribute to the risk of food-borne illness; (D) the best available evidence concerning reported illnesses associated with the foods produced in the proposed subcategory of establishments; an... |
108hr5259ih | (4) The Administrator may adopt alternative inspection frequencies for a specific establishment, subject to paragraphs (2) and (5) and shall periodically publish a list of establishments subject to alternative inspections. (5) In adopting alternative inspection frequencies for a specific establishment, the Administrato... |
108hr5259ih | (6) Before establishing alternative inspection frequencies for subcategories of establishments or individual establishments, the Administrator shall— (A) determine, based on the best available evidence, that the alternative uses of the resources required to carry out the inspection activity would make a greater contrib... |
108hr5259ih | (C) consider the supporting evidence that an individual food establishment shall submit related to whether an alternative inspection frequency should be established for such establishment by the Administrator; and (D) include a description of the alternative uses in the annual resource plan required in section 209. (d)... |
108hr5259ih | ), the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) until— (A) regulations required to implement this section have been promulgated; (B) the performance standards required by section 204(c) have been promulgated and implemented for 1 y... |
108hr5259ih | within 2 years after the promulgation of the performance standards required by section 204(c), has not achieved compliance with the food safety law, the Administrator shall— (A) issue an order prohibiting the establishment from operating pending a demonstration by the establishment that sufficient changes in facilities... |
108hr5259ih | to— (i) the inspection requirement applicable to the establishment under subsection (b) (1) or (2); and (ii) such other inspection or compliance measures determined by the Administrator necessary to assure compliance with the applicable food safety law. (3) In the case of a category 3 food establishment, the Administra... |
108hr5259ih | ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) until— (A) the regulations required to implement this section have been promulgated; (B) the first resource plan under section 209 has been submitted; and (C) for individual establishments, compliance with the food safety law has been demonstrate... |
108hr5259ih | the Administrator shall— (A) issue an order prohibiting the establishment from operating, pending a demonstration by the establishment that sufficient changes in facilities, procedures, personnel, or other aspects of the process control system have been made such that the Administrator determines that compliance with t... |
108hr5259ih | and (ii) such other inspection or compliance measures determined by the Administrator necessary to assure compliance with the food safety law. (5) In the case of a category 4 or 5 food establishment, the inspection requirements of this Act shall be implemented as soon as possible after— (A) the promulgation of the regu... |
108hr5259ih | (e) Official mark
(1) In general
(A) Establishment
Before the completion of the transition process under paragraphs (1) through (3) of subsection (d), the Administrator shall by regulation establish an official mark that shall be affixed to a food product produced in a category 1, 2, or 3 establishment, subject to s... |
108hr5259ih | (B) Prerequisite
The official mark required under subparagraph (A) shall be affixed to a food product by the Administrator if the establishment has been inspected by the Administrator in accordance with the inspection frequencies under this section and the establishment is in compliance with the food safety law. (2) C... |
108hr5259ih | ), the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ), and the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) |
108hr5259ih | as of the date of enactment of this Act shall remain subject to the requirement under those Acts that they bear the mark of inspection pending completion of the transition process under paragraphs (1) through (3) of subsection (d); (B) the Administrator shall publicly certify on a monthly basis that the inspection freq... |
108hr5259ih | (3) Category 4 and 5 food establishments
In the case of a product produced in a category 4 or 5 food establishment the Administrator shall provide by regulation for the voluntary use of the official mark established under paragraph (1), subject to— (A) such minimum inspection frequencies as determined appropriate by t... |
108hr5259ih | (f) Implementation
Not later than 1 year after the effective date of this Act, the Administrator shall issue regulations to implement subsections (b) through (d). (g) Maintenance and inspection of records
(1) In general
(A) Records
A food establishment shall— (i) maintain such records as the Administrator shall req... |
108hr5259ih | upon presentation of appropriate credentials and at reasonable times and in a reasonable manner, to have access to and copy all records maintained by or on behalf of such food establishment representative in any format (including paper or electronic) and at any location, that are necessary to assist the Administrator— ... |
108hr5259ih | (B) Required disclosure
A food establishment shall have an affirmative obligation to disclose to the Administrator the results of testing or sampling of food, equipment, or material in contact with food, that is positive for any contaminant. (2) Maintenance of records
The records in paragraph (1) shall be maintained ... |
108hr5259ih | (B) the identity and quantity of ingredients used in the food; (C) the processing of the food; (D) the results of laboratory, sanitation, or other tests performed on the food or in the food establishment; (E) consumer complaints concerning the food or packaging of the food; (F) the production codes, open date codes, an... |
108hr5259ih | (h) Protection of sensitive information
(1) In general
The Administrator shall develop and maintain procedures to prevent the unauthorized disclosure of any trade secret or confidential information obtained by the Administrator. |
108hr5259ih | (2) Limitation
The requirement under this subsection does not— (A) limit the authority of the Administrator to inspect or copy records or to require the establishment or maintenance of records under this Act; (B) have any legal effect on section 1905 of title 18, United States Code; (C) extend to any food recipe, fina... |
108hr5259ih | (i) Bribery of or gifts to inspector or other officers and acceptance of gifts
Section 22 of the Federal Meat Inspection Act ( 21 U.S.C. 622 ) shall apply to an inspection under this Act. 206. Food production facilities
In carrying out the duties of the Administrator and the purposes of this Act, the Administrator sh... |
108hr5259ih | (2) review food safety records as required to be kept by the Administrator to carry out traceback and for other critical food safety purposes; (3) set good practice standards to protect the public and animal health and promote food safety; (4) conduct monitoring and surveillance of animals, plants, products, or the env... |
108hr5259ih | Federal and State cooperation
(a) In general
The Administrator shall work with the States to carry out activities and programs that contribute to the national food safety program so that Federal and State programs function in a coordinated and cost-effective manner. |
108hr5259ih | (b) State action
The Administrator shall work with States to— (1) continue, strengthen, or establish State food safety programs, especially with respect to the regulation of retail commercial food establishments, transportation, harvesting, and fresh markets; (2) establish inspection programs and requirements to ensur... |
108hr5259ih | (c) Assistance
To assist in planning, developing, and implementing a food safety program, the Administrator may provide to a State— (1) advisory assistance; (2) technical and laboratory assistance and training (including necessary materials and equipment); and (3) financial and other aid. (d) Service agreements
(1) I... |
108hr5259ih | (2) Training
Agreements with a State under this subsection may provide for training of State employees. (3) Maintenance of agreements
The Administrator shall maintain any agreement that is in effect on the day before the date of enactment of this Act until the Administrator evaluates such agreement and determines whe... |
108hr5259ih | (2) Requirements
The review shall— (A) include a determination of the effectiveness of the State program; and (B) identify any changes necessary to ensure enforcement of Federal requirements under this Act. 208. Imports
(a) In general
Not later than 2 years after the effective date of this Act, the Administrator sha... |
108hr5259ih | (b) Certification standard
A foreign government or foreign food establishment requesting a certification to import food to the United States shall demonstrate, in a manner determined appropriate by the Administrator, that food produced under the supervision of a foreign government or by the foreign food establishment ... |
108hr5259ih | (c) Certification approval
(1) Request by foreign government
Prior to granting the certification request of a foreign government, the Administrator shall review, audit, and certify the food safety program of a requesting foreign government (including all statutes, regulations, and inspection authority) as at least eq... |
108hr5259ih | (2) Request by foreign food establishment
Prior to granting the certification request of a foreign food establishment, the Administrator shall certify, based on an onsite inspection, the food safety programs and procedures of a requesting foreign firm as at least equivalent to the food safety programs and procedures o... |
108hr5259ih | (e) Withdrawal of certification
The Administrator may withdraw certification of any food from a foreign government or foreign firm— (1) if such food is linked to an outbreak of human illness; (2) following an investigation by the Administrator that finds that the foreign government programs and procedures or foreign f... |
108hr5259ih | (f) Renewal of certification
The Administrator shall audit foreign governments and foreign food establishments at least every 5 years to ensure the continued compliance with the standards set forth in this section. (g) Required routine inspection
The Administrator shall routinely inspect food before it enters the Uni... |
108hr5259ih | (h) Enforcement
The Administrator— (1) may deny importation of food from any foreign government that does not permit United States officials to enter the foreign country to conduct such audits and inspections as may be necessary to fulfill the requirements under this section; (2) may deny importation of food from any ... |
108hr5259ih | and (3) is authorized to promulgate rules and 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 this Act. (i) Detention and seizure
Any food imported for consumption in the United States may be detained, seiz... |
108hr5259ih | (b) Contents of plan
The resource plan shall— (1) describe quantitatively the personnel, financial, and other resources required to carry out the inspection of food establishments under section 205 and other requirements of the national food safety program; (2) allocate inspection resources in a manner reflecting the ... |
108hr5259ih | at a total resource level equal to at least 50 percent of the resources required to carry out inspections in food establishments under section 205— (A) in foreign establishments; (B) at the point of importation; and (C) at the point of production on farms, ranches, and feedlots. (c) Grants
The resource plan shall incl... |
108hr5259ih | (d) Submission of plan
The Administrator shall submit annually to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and other relevant committees of Congress, the resource plan required under this section. 210. Traceback
(a) In general
The Administrator, ... |
108hr5259ih | (b) Applicability
Traceability requirements shall— (1) be established in accordance with regulations and guidelines issued by the Administrator; and (2) apply to food production facilities and food establishments. (c) Relationship to country of origin labeling
Nothing contained in this section prevents or interferes ... |
108hr5259ih | acting in coordination with the Director of the Centers for Disease Control and Prevention and with the Research Education and Economics mission area of the Department of Agriculture, shall— (1) have access to the applicable data systems of the Centers for Disease Control and Prevention; (2) maintain an active surveill... |
108hr5259ih | and (4) maintain a state-of-the-art DNA matching system and epidemiological system dedicated to food-borne illness identification, outbreaks, and containment. (b) Public health sampling
(1) In general
Not later than 1 year after the effective date of this Act, the Administrator shall establish guidelines for a sampli... |
108hr5259ih | (2) Requirements
The sampling system described in paragraph (1) shall provide— (A) statistically valid monitoring, including market-based studies, on the nature, frequency of occurrence, and quantities of contaminants in food available to consumers; and (B) at the request of the Administrator, such other information, ... |
108hr5259ih | (c) Assessment of health hazards
(1) In general
Through the surveillance system referred to in subsection (a) and the sampling system described in subsection (b), the Administrator shall— (A) rank food categories based on the hazard to human health presented by the food category; (B) identify appropriate industry and... |
108hr5259ih | (2) Components of analysis
The analysis under subsection (b)(1) may include— (A) a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially; (B) a comparison of the safety of food that is domes... |
108hr5259ih | Public education and advisory system
(a) Public education
(1) In general
The Administrator, in cooperation with private and public organizations, including the cooperative extension services and appropriate State and local entities, shall establish a national public education program on food safety. |
108hr5259ih | (2) Requirements
The program shall provide— (A) information to the public regarding Federal standards and best practices and promotion of public awareness, understanding, and acceptance of those standards and practices; (B) information for health professionals— (i) to improve diagnosis and treatment of food-related il... |
108hr5259ih | (b) Health advisories
The Administrator, in consultation with other Federal departments and agencies as the Administrator determines necessary, shall work with the States and other appropriate entities— (1) to develop and distribute regional and national advisories concerning food safety; (2) to develop standardized f... |
108hr5259ih | Research
(a) In general
The Administrator shall conduct research to carry out this Act, including studies— (1) to improve sanitation and food safety practices in the processing of food; (2) to develop improved techniques to monitor and inspect food; (3) to develop efficient, rapid, and sensitive methods to detect con... |
108hr5259ih | (b) Contract authority
The Administrator may enter into contracts and agreements with any State, university, Federal Government agency, or person to carry out this section. 401. Prohibited acts
It is prohibited— (1) to manufacture, introduce, deliver for introduction, or receive into interstate commerce any food that... |
108hr5259ih | (4) to refuse to permit access to a food establishment for the inspection and copying of a record as required under section 205(g); (5) to fail to establish or maintain any record or to make any report as required under section 205(g); (6) to refuse to permit entry to or inspection of a food establishment as required u... |
108hr5259ih | or order of the Administrator under section 202, 203, 204, or 208; (9) to slaughter an animal that is capable for use in whole or in part as human food at a food establishment processing any such food for commerce, except in compliance with the food safety law; (10) to transfer food in violation of an administrative de... |
108hr5259ih | Food detention, seizure, and condemnation
(a) Administrative detention of food
(1) Expanded authority
The Administrator shall have authority under section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ) to administratively detain and seize any food that the Administrator has reason to believe is un... |
108hr5259ih | (2) Detention authority
If, during an inspection conducted in accordance with section 205 or 208, an officer, employee, or agent of the Administration making the inspection has reason to believe that a domestic food, imported food, or food offered for import is unsafe for human consumption, is adulterated or misbrande... |
108hr5259ih | (3) Period of detention
(A) In general
A food may be detained for a reasonable period, not to exceed 20 days, unless a longer period, not to exceed 30 days, is necessary for the Administrator to institute a seizure action. (B) Perishable food
The Administrator shall provide by regulation for procedures to institute ... |
108hr5259ih | (4) Security of detained food
(A) In general
A detention order— (i) may require that the food be labeled or marked as detained; and (ii) shall require that the food be removed to a secure facility, if appropriate. (B) Food subject to an order
A food subject to a detention order shall not be transferred by any person... |
108hr5259ih | (C) Delivery of food
This subsection does not authorize the delivery of a food in accordance with execution of a bond while the article is subject to the order. (b) Appeal of detention order
(1) In general
A person who would be entitled to be a claimant for a food subject to a detention order if the food were seized... |
108hr5259ih | (2) Action by the Administrator
Not later than 5 days after an appeal is filed under paragraph (1), the Administrator, after providing an opportunity for an informal hearing, shall confirm, modify, or terminate the order involved. (3) Final agency action
Confirmation, modification, or termination by the Administrator... |
108hr5259ih | (4) Termination
The order shall be considered to be terminated if, after 5 days, the Administrator has failed— (A) to provide an opportunity for an informal hearing; or (B) to confirm, modify, or terminate the order. (5) Effect of instituting court action
If the Administrator initiates an action under section 302 of ... |
108hr5259ih | (c) Condemnation of food
(1) In general
After confirming a detention order, the Administrator may order the food condemned. (2) Destruction of food
Any food condemned shall be destroyed under the supervision of the Administrator. (3) Release of food
If the Administrator determines that, through reprocessing, relabe... |
108hr5259ih | (d) Temporary holds at ports of entry
(1) In general
If an officer or qualified employee of the Administration has reason to believe that a food is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, and the officer or qualified employee is unable to in... |
108hr5259ih | to enable the Administrator to inspect or investigate the food as appropriate. (2) Removal to secure facility
The Administrator shall work in coordination with the Secretary of Homeland Security to remove a food held in accordance with paragraph (1) to a secure facility as appropriate. (3) Prohibition on transfer
Dur... |
108hr5259ih | (4) Delivery in accordance with a bond
The delivery of the food in accordance with the execution of a bond while the food is held is not authorized. 403. |
108hr5259ih | Notification and recall
(a) Notice to Administrator of violation
(1) In general
A person (other than a household consumer or other individual who is the intended consumer of a food) that has reason to believe that any food introduced into or in interstate commerce, or held for sale (whether or not the first sale) af... |
108hr5259ih | (b) Recall and consumer notification
(1) Voluntary actions
If the Administrator determines that food is in violation of the food safety law when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and that there is a reasonable p... |
108hr5259ih | (B) notify all persons— (i) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (ii) to which the food has been distributed, transported, or sold, to immediately cease distribution of the food; (C) recall the food; (D) in conjunction with the Admini... |
108hr5259ih | as determined by the Administrator to be appropriate in the circumstances. (2) Mandatory actions
If a person referred to in paragraph (1) refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the Administrator, the Administrator shall... |
108hr5259ih | as the Administrator determines to be necessary, the person to immediately— (i) cease distribution of the food; and (ii) notify all persons— (I) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (II) if the food has been distributed, transported, ... |
108hr5259ih | (3) Notification to consumers by Administrator
The Administrator shall, as the Administrator determines to be necessary, provide notice of the finding of the Administrator under paragraph (1)— (A) to consumers to whom the food was, or may have been, distributed; and (B) to State and local public health officials. (4) ... |
108hr5259ih | (5) Availability of records to Administrator
Each person referred to in paragraph (1) that processed, distributed, or otherwise handled food shall make available to the Administrator information necessary to carry out this subsection, as determined by the Administrator, regarding— (A) persons that processed, distribut... |
108hr5259ih | (c) Informal hearings on orders
(1) In general
The Administrator shall provide any person subject to an order under subsection (b) with an opportunity for an informal hearing, to be held as soon as practicable but not later than 2 business days after the issuance of the order. (2) Scope of the hearing
In a hearing u... |
108hr5259ih | after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that there is a reasonable probability that the food that is the subject of an order under subsection (b), if consumed, would present a threat to the public health, the Administrator, as the Administrator determine... |
108hr5259ih | or may have been, distributed. (2) Vacation of orders
If, after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that adequate grounds do not exist to continue the actions required by the order, the Administrator shall vacate the order. (e) Remedies not exclusive
The... |
108hr5259ih | Injunction proceedings
(a) Jurisdiction
The district courts of the United States, and the United States courts of the territories and possessions of the United States, shall have jurisdiction, for cause shown, to restrain a violation of section 202, 203, 204, 207, or 401 (or a regulation promulgated under that sectio... |
108hr5259ih | Civil and criminal penalties
(a) Civil sanctions
(1) Civil penalty
(A) In general
Any person that commits an act that violates the food safety law (including a regulation promulgated or order issued under a Federal food safety law) may be assessed a civil penalty by the Administrator of not more than $10,000 for ea... |
108hr5259ih | (2) Other requirements
(A) Written order
The civil penalty described in paragraph (1) shall be assessed by the Administrator by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Administrator. |
108hr5259ih | (B) Amount of penalty
Subject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Administrator, after considering— (i) the gravity of the violation; (ii) the degree of culpability of the person; (iii) the size and type of the business of the person; and (iv) any history of prior offenses b... |
108hr5259ih | (b) Criminal sanctions
(1) In general
Except as provided in paragraphs (2) and (3), a person that knowingly produces or introduces into commerce food that is unsafe for human consumption or otherwise adulterated or misbranded shall be imprisoned for not more than 1 year or fined not more than $10,000, or both. |
108hr5259ih | (2) Severe violations
A person that commits a violation described in paragraph (1) after a conviction of that person under this section has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 3 years or fined not more than $100,000, or both. (3) Except... |
108hr5259ih | unless that person refuses to furnish (on request of an officer or employee designated by the Administrator)— (i) the name, address and contact information of the person from whom that person purchased or received the food; (ii) copies of all documents relating to the person from whom that person purchased or received ... |
108hr5259ih | stating that the food is not adulterated or misbranded within the meaning of this Act. |
108hr5259ih | (c) Judicial review
(1) In general
An order assessing a civil penalty under subsection (a) shall be a final order unless the person— (A) not later than 30 days after the effective date of the order, files a petition for judicial review of the order in the United States court of appeals for the circuit in which that p... |
108hr5259ih | (2) Filing of record
Not later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Administrator shall file in the court a certified copy of the administrative record upon which the order was issued. (3) Standard of review
The findings of the Administrator relating to the order shall ... |
108hr5259ih | (d) Collection actions for failure To pay
(1) In general
If any person fails to pay a civil penalty assessed under subsection (a) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (b) has entered final judgment in favor of the Administrator, the Admi... |
108hr5259ih | (2) Limitation on review
In a civil action under paragraph (1), the validity and appropriateness of the order of the Administrator assessing the civil penalty shall not be subject to judicial review. |
108hr5259ih | (e) Penalties paid into account
The Administrator— (1) shall deposit penalties collected under this section in an account in the Treasury; and (2) may use the funds in the account, without further appropriation or fiscal year limitation— (A) to carry out enforcement activities under food safety law; or (B) to provide ... |
108hr5259ih | (f) Discretion of the Administrator to prosecute
Nothing in this Act requires the Administrator to report for prosecution, or for the commencement of an action, the violation of the food safety law in a case in which the Administrator finds that the public interest will be adequately served by the assessment of a civi... |
108hr5259ih | Presumption
In any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist. 407. Whistleblower protection
(a) In general
No employee or inspector of a food establishment or other person may be harassed, prosecuted, held l... |
108hr5259ih | to carry out the objectives, functions, or responsibilities specified in the food safety law; or (2) is refusing to violate or assist in the violation of a law described in paragraph (1), including a regulation issued under that law. (b) Procedures
(1) In general
A person alleging a violation of subsection (a) may fi... |
108hr5259ih | (2) Administration
Except as provided in paragraphs (3) and (4), the process, procedures, and remedies under subsections (b), (c), and (d) of section 31105 of title 49, United States Code, with respect to allegations of violations of subsection (a) of that section shall be the process, procedures, and remedies that ap... |
108hr5259ih | (3) Alternative process
The person filing a complaint under paragraph (1) may elect to use an alternative dispute resolution procedure, including mediation or arbitration, in lieu of the hearing described in section 31105(b) of title 49, United States Code. (4) Administrator
The powers and duties that apply to the Se... |
108hr5259ih | (c) Burdens of proof
The legal burdens of proof with respect to a violation of subsection (a) shall be governed by the applicable provisions of sections 1214 and 1221 of title 5, United States Code. 408. Administration and enforcement
(a) In general
For the efficient administration and enforcement of the food safety... |
108hr5259ih | 46 , 48, 49, and 50) (except subsections (c) through (h) of section 6 of that Act), relating to the jurisdiction, powers, and duties of the Federal Trade Commission and the Attorney General to administer and enforce that Act, and to the rights and duties of persons with respect to whom the powers are exercised, shall a... |
108hr5259ih | (b) Inquiries and actions
(1) In general
The Administrator, in person or by such agents as the Administrator may designate, may prosecute any inquiry necessary to carry out the duties of the Administrator under the food safety law in any part of the United States. (2) Powers
The powers conferred by sections 9 and 10... |
108hr5259ih | Citizen civil actions
(a) Civil actions
A person may commence a civil action against— (1) a person that violates a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator to ensure the safety of food; or (2) the Administrator (in his or her capacity as the ... |
108hr5259ih | (b) Court
(1) In general
The action shall be commenced in the United States district court for the district in which the defendant resides, is found, or has an agent. (2) Jurisdiction
The court shall have jurisdiction, without regard to the amount in controversy, or the citizenship of the parties, to enforce a regul... |
108hr5259ih | (3) Damages
The court may— (A) award damages, in the amount of damages actually sustained; and (B) if the court determines it to be in the interest of justice, award the plaintiff the costs of suit, including reasonable attorney’s fees, reasonable expert witness fees, and penalties. (c) Remedies not exclusive
The rem... |
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