AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR FOOD.

SEC. 303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR FOOD.(a) In General.—Section 801(a) (21 U.S.C. 381(a)) is amended by inserting after the third sentence the following: “With respect to an article of food, if importation of such food is subject to, but not compliant with, the requirement under subsection (q) that such food be accompanied by a certification or other assurance that the food meets applicable requirements of this Act, then such article shall be refused admission.”.(b) Addition of Certification Requirement.—Section 801 (21 U.S.C. 381) is amended by adding at the end the following new subsection:“(q) Certifications Concerning Imported Foods.—“(1) In general.—The Secretary may require, as a condition of granting admission to an article of food imported or offered for import into the United States, that an entity described in paragraph (3) provide a certification, or such other assurances as the Secretary determines appropriate, that the article of food complies with applicable requirements of this Act. Such certification or assurances may be provided in the form of shipment-specific certificates, a listing of certified facilities that manufacture, process, pack, or hold such food, or in such other form as the Secretary may specify.“(2) Factors to be considered in requiring certification.—The Secretary shall base the determination that an article of food is required to have a certification described in paragraph (1) on the risk of the food, including—“(A) known safety risks associated with the food;“(B) known food safety risks associated with the country, territory, or region of origin of the food;“(C) a finding by the Secretary, supported by scientific, risk-based evidence, that—“(i) the food safety programs, systems, and standards in the country, territory, or region of origin of the food are inadequate to ensure that the article of food is as safe as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this Act; and“(ii) the certification would assist the Secretary in determining whether to refuse or admit the article of food under subsection (a); and124 STAT. 3957“(D) information submitted to the Secretary in accordance with the process established in paragraph (7).“(3) Certifying entities.—For purposes of paragraph (1), entities that shall provide the certification or assurances described in such paragraph are—“(A) an agency or a representative of the government of the country from which the article of food at issue originated, as designated by the Secretary; or“(B) such other persons or entities accredited pursuant to section 808 to provide such certification or assurance.“(4) Renewal and refusal of certifications.—The Secretary may—“(A) require that any certification or other assurance provided by an entity specified in paragraph (2) be renewed by such entity at such times as the Secretary determines appropriate; and“(B) refuse to accept any certification or assurance if the Secretary determines that such certification or assurance is not valid or reliable.“(5) Electronic submission.—The Secretary shall provide for the electronic submission of certifications under this subsection.“(6) False statements.—Any statement or representation made by an entity described in paragraph (2) to the Secretary shall be subject to section 1001 of title 18, United States Code.“(7) Assessment of food safety programs, systems, and standards.—If the Secretary determines that the food safety programs, systems, and standards in a foreign region, country, or territory are inadequate to ensure that an article of food is as safe as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this Act, the Secretary shall, to the extent practicable, identify such inadequacies and establish a process by which the foreign region, country, or territory may inform the Secretary of improvements made to such food safety program, system, or standard and demonstrate that those controls are adequate to ensure that an article of food is as safe as a similar article of food that is manufactured, processed, packed, or held in the United States in accordance with the requirements of this Act.”.(c) Conforming Technical Amendment.—Section 801(b) (21 U.S.C. 381(b)) is amended in the second sentence by striking “with respect to an article included within the provision of the fourth sentence of subsection (a)” and inserting “with respect to an article described in subsection (a) relating to the requirements of sections 760 or 761,”.(d) No Limit on Authority.—Nothing in the amendments made by this section shall limit the authority of the Secretary to conduct inspections of imported food or to take such other steps as the Secretary deems appropriate to determine the admissibility of imported food.