Pub. L. 111-353, tit. II, sec. 209
IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.
SEC. 209. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.(a) Improving Training.—Chapter X (21 U.S.C. 391 et seq.) is amended by adding at the end the following:“SEC. 1011. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.“(a) Training.—The Secretary shall set standards and administer training and education programs for the employees of State, local, territorial, and tribal food safety officials relating to the regulatory responsibilities and policies established by this Act, including programs for—“(1) scientific training;“(2) training to improve the skill of officers and employees authorized to conduct inspections under sections 702 and 704;“(3) training to achieve advanced product or process specialization in such inspections;124 STAT. 3946“(4) training that addresses best practices;“(5) training in administrative process and procedure and integrity issues;“(6) training in appropriate sampling and laboratory analysis methodology; and“(7) training in building enforcement actions following inspections, examinations, testing, and investigations.“(b) Partnerships With State and Local Officials.—“(1) In general.—The Secretary, pursuant to a contract or memorandum of understanding between the Secretary and the head of a State, local, territorial, or tribal department or agency, is authorized and encouraged to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this Act through the officers and employees of such State, local, territorial, or tribal department or agency.“(2) Content.—A contract or memorandum described under paragraph (1) shall include provisions to ensure adequate training of such officers and employees to conduct such examinations, testing, and investigations. The contract or memorandum shall contain provisions regarding reimbursement. Such provisions may, at the sole discretion of the head of the other department or agency, require reimbursement, in whole or in part, from the Secretary for the examinations, testing, or investigations performed pursuant to this section by the officers or employees of the State, territorial, or tribal department or agency.“(3) Effect.—Nothing in this subsection shall be construed to limit the authority of the Secretary under section 702.“(c) Extension Service.—The Secretary shall ensure coordination with the extension activities of the National Institute of Food and Agriculture of the Department of Agriculture in advising producers and small processors transitioning into new practices required as a result of the enactment of the FDA Food Safety Modernization Act and assisting regulated industry with compliance with such Act.“(d) National Food Safety Training, Education, Extension, Outreach and Technical Assistance Program.—“(1) In general.—In order to improve food safety and reduce the incidence of foodborne illness, the Secretary shall, not later than 180 days after the date of enactment of the FDA Food Safety Modernization Act, enter into one or more memoranda of understanding, or enter into other cooperative agreements, with the Secretary of Agriculture to establish a competitive grant program within the National Institute for Food and Agriculture to provide food safety training, education, extension, outreach, and technical assistance to—“(A) owners and operators of farms;“(B) small food processors; and“(C) small fruit and vegetable merchant wholesalers.“(2) Implementation.—The competitive grant program established under paragraph (1) shall be carried out in accordance with section 405 of the Agricultural Research, Extension, and Education Reform Act of 1998.“(e) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.” .124 STAT. 3947(b) National Food Safety Training, Education, Extension, Outreach, and Technical Assistance Program.—Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting after section 404 (7 U.S.C. 7624) the following:“SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.“(a) In General.—The Secretary shall award grants under this section to carry out the competitive grant program established under section 1011(d) of the Federal Food, Drug, and Cosmetic Act, pursuant to any memoranda of understanding entered into under such section.“(b) Integrated Approach.—The grant program described under subsection (a) shall be carried out under this section in a manner that facilitates the integration of food safety standards and guidance with the variety of agricultural production systems, encompassing conventional, sustainable, organic, and conservation and environmental practices.“(c) Priority.—In awarding grants under this section, the Secretary shall give priority to projects that target small and medium-sized farms, beginning farmers, socially disadvantaged farmers, small processors, or small fresh fruit and vegetable merchant wholesalers.“(d) Program Coordination.—“(1) In general.—The Secretary shall coordinate implementation of the grant program under this section with the National Integrated Food Safety Initiative.“(2) Interaction.—The Secretary shall—“(A) in carrying out the grant program under this section, take into consideration applied research, education, and extension results obtained from the National Integrated Food Safety Initiative; and“(B) in determining the applied research agenda for the National Integrated Food Safety Initiative, take into consideration the needs articulated by participants in projects funded by the program under this section.“(e) Grants.—“(1) In general.—In carrying out this section, the Secretary shall make competitive grants to support training, education, extension, outreach, and technical assistance projects that will help improve public health by increasing the understanding and adoption of established food safety standards, guidance, and protocols.“(2) Encouraged features.—The Secretary shall encourage projects carried out using grant funds under this section to include co-management of food safety, conservation systems, and ecological health.“(3) Maximum term and size of grant.—“(A) In general.—A grant under this section shall have a term that is not more than 3 years.“(B) Limitation on grant funding.—The Secretary may not provide grant funding to an entity under this section after such entity has received 3 years of grant funding under this section.“(f) Grant Eligibility.—124 STAT. 3948“(1) In general.—To be eligible for a grant under this section, an entity shall be—“(A) a State cooperative extension service;“(B) a Federal, State, local, or tribal agency, a nonprofit community-based or non-governmental organization, or an organization representing owners and operators of farms, small food processors, or small fruit and vegetable merchant wholesalers that has a commitment to public health and expertise in administering programs that contribute to food safety;“(C) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a foundation maintained by an institution of higher education;“(D) a collaboration of 2 of more eligible entities described in this subsection; or“(E) such other appropriate entity, as determined by the Secretary.“(2) Multistate partnerships.—Grants under this section may be made for projects involving more than 1 State.“(g) Regional Balance.—In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure—“(1) geographic diversity; and“(2) diversity of types of agricultural production.“(h) Technical Assistance.—The Secretary may use funds made available under this section to provide technical assistance to grant recipients to further the purposes of this section.“(i) Best Practices and Model Programs.—Based on evaluations of, and responses arising from, projects funded under this section, the Secretary may issue a set of recommended best practices and models for food safety training programs for agricultural producers, small food processors, and small fresh fruit and vegetable merchant wholesalers.“(j) Authorization of Appropriations.—For the purposes of making grants under this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015.” .