RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.

SEC. 7202. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.(a) Unsanitary Transport Deemed Adulteration.—Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:“(i) If it is transported or offered for transport by a shipper, carrier by motor vehicle or rail vehicle, receiver, or any other person engaged in the transportation of food under conditions that are not in compliance with regulations promulgated under section 416.”.(b) Sanitary Transportation Requirements.—Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:“SEC. 416. SANITARY TRANSPORTATION PRACTICES.“(a) Definitions.—In this section:“(1) Bulk vehicle.—The term ‘bulk vehicle’ includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle.“(2) Transportation.—The term ‘transportation’ means any movement in commerce by motor vehicle or rail vehicle.119 STAT. 1912“(b) Regulations.—The Secretary shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated.“(c) Contents.—The regulations under subsection (b) shall—“(1) prescribe such practices as the Secretary determines to be appropriate relating to—“(A) sanitation;“(B) packaging, isolation, and other protective measures;“(C) limitations on the use of vehicles;“(D) information to be disclosed—“(i) to a carrier by a person arranging for the transport of food; and“(ii) to a manufacturer or other person that—“(I) arranges for the transportation of food by a carrier; or“(II) furnishes a tank vehicle or bulk vehicle for the transportation of food; and“(E) recordkeeping; and“(2) include—“(A) a list of nonfood products that the Secretary determines may, if shipped in a bulk vehicle, render adulterated food that is subsequently transported in the same vehicle; and“(B) a list of nonfood products that the Secretary determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), render adulterated food that is simultaneously or subsequently transported in the same vehicle.“(d) Waivers.—“(1) In general.—The Secretary may waive any requirement under this section, with respect to any class of persons, vehicles, food, or nonfood products, if the Secretary determines that the waiver—“(A) will not result in the transportation of food under conditions that would be unsafe for human or animal health; and“(B) will not be contrary to the public interest.“(2) Publication.—The Secretary shall publish in the Federal Register any waiver and the reasons for the waiver.“(e) Preemption.—“(1) In general.—A requirement of a State or political subdivision of a State that concerns the transportation of food is preempted if—“(A) complying with a requirement of the State or political subdivision and a requirement of this section, or a regulation prescribed under this section, is not possible; or“(B) the requirement of the State or political subdivision as applied or enforced is an obstacle to accomplishing and carrying out this section or a regulation prescribed under this section.119 STAT. 1913“(2) Applicability.—This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under subsection (b).“(f) Assistance of Other Agencies.—The Secretary of Transportation, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall provide assistance on request, to the extent resources are available, to the Secretary for the purposes of carrying out this section.” .(c) Inspection of Transportation Records.—(1) Requirement.—Section 703 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 373) is amended—(A) by striking the section heading and all that follows through “For the purpose” and inserting the following:“SEC. 703. RECORDS.“(a) In General.—For the purpose” ; and(B) by adding at the end the following:“(b) Food Transportation Records.—A shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to section 416 shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under section 416(c)(1)(E).”.(2) Conforming amendment.—Subsection (a) of section 703 of the Federal Food, Drug, and Cosmetic Act (as designated by paragraph (1)(A)) is amended by striking “carriers.” and inserting “carriers, except as provided in subsection (b).”.(d) Prohibited Acts; Records Inspection.—Section 301(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended by inserting “416,” before “504,” each place it appears.(e) Unsafe Food Transportation.—Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:“(hh) The failure by a shipper, carrier by motor vehicle or rail vehicle, receiver, or any other person engaged in the transportation of food to comply with the sanitary transportation practices prescribed by the Secretary under section 416.”.