[Pages S8067-S8068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4709. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 510, to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply; which was 
ordered to lie on the table; as follows:

       At the end of title III, insert the following:

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

       Section 806 of the Federal Food, Drug, and Cosmetic Act (as 
     added by section 302), is amended--
       (1) by redesignating subsections (e) through (g) as 
     subsections (f) through (h), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(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.''.

     SEC. 311. IMPORTED SEAFOOD.

       (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:
       ``(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:
       ``(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.
       ``(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.
       ``(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.''.
       (b) Inspection of Imported Seafood.--
       (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:
       ``(r) The Secretary shall inspect not less than 20 percent 
     of all seafood imported or offered for import into the United 
     States.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on January 1, 2015.

     SEC. 312. REGISTRATION FOR COMMERCIAL IMPORTERS OF FOOD.

       (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:
       ``(aaa) the failure to register in accordance with section 
     801(s).''.
       (b) Misbranding.--Section 403 (21 U.S.C. 343) is amended by 
     adding at the end the following:
       ``(z) If it is imported or offered for import by an 
     importer not duly registered under section 801(s).''.
       (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:
       ``(s) Registration of Importers.--
       ``(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.
       ``(2) Conditions of registration.--As a condition of 
     registration under paragraph (1), an importer shall 
     demonstrate to the Secretary that:
       ``(A) the importer has fully disclosed to the Secretary all 
     ownership interests in the importer;
       ``(B) the importer has sufficiently complied with U.S. food 
     safety and trade laws;
       ``(C) the importer has submitted appropriate unique 
     facility identifiers required under section 1012;
       ``(D) there is no reason to believe that the importer is 
     not likely to engage in good importer practices described in 
     paragraph (3); and
       ``(E) the importer has sufficiently demonstrated or 
     provided information regarding any other requirement deemed 
     necessary for registration by the Secretary.''
       ``(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:
       ``(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.
       ``(B) The measures under subparagraph (A) shall ensure that 
     the importer of a food--
       ``(i) has adequate information about the food, hazards of 
     the food, and the requirements of this Act applicable to such 
     food;

[[Page S8068]]

       ``(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
       ``(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.
       ``(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--
       ``(A) a violation of this Act; or
       ``(B) the knowing or repeated making of an inaccurate or 
     incomplete statement or submission of information relating to 
     the importation of food.''
       ``(5) Cancellation of registration.--
       ``(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.
       ``(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.
       ``(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.
       ``(6) Exemptions.--The Secretary, by notice published in 
     the Federal Register--
       ``(A) shall establish an exemption from the requirements of 
     this subsection for importations for personal use; and
       ``(B) may establish other exemptions from the requirements 
     of this subsection.''
       (d) Unique Identification Number for Importers.--
       (1) In general.--Chapter X (21 U.S.C. 391 et seq) is 
     amended by adding at the end the following:

     ``SEC. 1012. UNIQUE FACILITY IDENTIFIER.

       ``(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).
       ``(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.
       ``(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.''.
       (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).
       (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.
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