(A) the Federal Meat Inspection Act (21 U.S.C. "(c) Limitations.-- "(2) Fee methodology.-- (5) Consistency with existing plans.--The strategy described in paragraph (1) shall be consistent with-- Authority to collect fees.Sec. (1) shall include an increase of 150 employees by fiscal year 2011 to-- "(ii) determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806. "(B) Rule of construction.--Nothing in this subsection shall be construed to expand or limit the inspection authority of the Secretary. (1) by striking "2002" and inserting "2010"; and "(E) a process, including the use or modification of existing processes, by which officers and employees of the National Oceanic and Atmospheric Administration may be duly designated by the Secretary to carry out seafood examinations and investigations under section 801 of this Act or section 203 of the Food Allergen Labeling and Consumer Protection Act of 2004; Test results required to be submitted may be submitted to the Food and Drug Administration through electronic means. "(4) Requirements of accredited third-party auditors and audit agents of such auditors.-- 301. (C) the sale and distribution of such food at any other such direct sales platform as determined by the Secretary. "(D) A food allergen control program. > --Not later than 180 days after the issuance of the regulations promulgated under subsection (n) of section 418 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)), the Secretary shall issue a small entity compliance policy guide setting forth in plain language the requirements of such section 418 and this section to assist small entities in complying with the hazard analysis and other activities required under such section 418 and this section. "(B) shall promptly revoke the recognition of any accreditation body found not to be in compliance with the requirements of this section, specifying, as appropriate, any terms and conditions necessary for laboratories accredited by such body to continue to perform testing as described in this section. (A) In general.--The Secretary of Health and Human Services, in coordination with the Secretary of Commerce, shall-- (III) describing, if appropriate, any prior history of anaphylaxis; (a) In General. "(a) Proposed Rulemaking.-- "(i) the consumer of the food; or "(a) In General. "(5) Study.-- (1) In general.--The Secretary, in coordination with the Secretary of Agriculture and multiple representatives of State departments of health and agriculture, shall assess-- 381(e)) is amended by adding at the end the following: SEC. (C) Emergency response goal.--Ensure an efficient response to agriculture and food emergencies by-- "(A) the responsible party for each domestic facility (as defined in section 415(b)) and the United States agent [Page 124 STAT. "(B) hazards that occur naturally, or may be unintentionally introduced; and "(6) Model laboratory standards.--The Secretary shall develop model standards that a laboratory shall meet to be accredited by a recognized accreditation body for a specified sampling or analytical testing methodology and included in the registry provided for under paragraph (1). "(i) if the facility, including any subsidiary or affiliate of the facility, is, collectively, a very small business (as defined in the regulations promulgated under subsection (n)); and (c) Limited Distribution.--In the interest of national security, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, may determine the manner and format in which the National Agriculture and Food Defense strategy established under this section is made publicly available on the Internet Web sites of the Department of Health and Human Services, the Department of Homeland Security, and the Department of Agriculture, as described in subsection (a)(1). 405. (i) Flexibility for Small Businesses. "(B) that submits an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. "(5) Whether the food importer participates in the voluntary qualified importer program under section 806. "(A) that is-- (2) Exception.--Notwithstanding paragraph (1), the Secretary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guidelines as a condition of the receipt of a grant under subsection (c). (5) criteria for ensuring post harvest processing standards will be applied equally to shellfish imported from all nations of origin; "(B) shall include such other requirements as the Secretary deems necessary and appropriate to verify that food imported into the United States is as safe as food produced and sold within the United States. "(B) in the case of a third-party auditor accredited by an accreditation body for which recognition as an accreditation body under subsection (b)(1)(C) is revoked-- (c) Public Notification.--If the Secretary-- "(e) False Statements.--Any statement or representation made-- 6333(c)). (a) In General.--Chapter IV (21 U.S.C. "(D) information submitted to the Secretary in accordance with the process established in paragraph (7). 405. (3) by striking the last sentence; and ); "(A) In general. "(A) In general.--An accreditation body (or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary) may not accredit a third-party auditor unless such third-party auditor agrees to issue a written and, as appropriate, electronic food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity, subject to requirements set forth by the Secretary. "(B) the responsible party for a domestic facility (as defined in section 415(b)) and an importer who does not comply with a recall order under section 423 or under section 412(f) in such fiscal year, to cover food recall activities associated with such order performed by the Secretary, including technical assistance, follow-up effectiveness checks, and public notifications, for such year; "(d) No Limit on Secretarial Authority.--Nothing in this section shall be construed to limit the ability of the Secretary to review and act upon information from food testing, including determining the sufficiency of such information and testing.". (c) Conforming Technical Amendment.--Section 801(b) (21 U.S.C. The inspectors shall assess practices and processes used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to such activities. 3910] and manner in which fees assessed under this section shall be collected. 419. "(C) The rigor and effectiveness of the facility's hazard analysis and risk-based preventive controls. (ii) Limitation. 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