The Secretary shall identify high-risk facilities and shall allocate resources to inspect facilities according to the known safety risks of the facilities, which shall be based on the following factors:
Beginning on January 4, 2011, the Secretary shall increase the frequency of inspection of all facilities.
The Secretary shall increase the frequency of inspection of domestic facilities identified under paragraph (1) as high-risk facilities such that each such facility is inspected-
The Secretary shall ensure that each domestic facility that is not identified under paragraph (1) as a high-risk facility is inspected-
In the 1-year period following January 4, 2011, the Secretary shall inspect not fewer than 600 foreign facilities.
In each of the 5 years following the 1-year period described in clause (i), the Secretary shall inspect not fewer than twice the number of foreign facilities inspected by the Secretary during the previous year.
In meeting the inspection requirements under this subsection for domestic facilities, the Secretary may rely on inspections conducted by other Federal, State, or local agencies under interagency agreement, contract, memoranda of understanding, or other obligation.
The Secretary, in consultation with the Secretary of Homeland Security, shall allocate resources to inspect any article of food imported into the United States according to the known safety risks of the article of food, which shall be based on the following factors:
The Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Chairman of the Federal Trade Commission, and the heads of other appropriate agencies may enter into such agreements as may be necessary or appropriate to improve seafood safety.
The agreements under paragraph (1) may include-
The Secretary shall improve coordination and cooperation with the Secretary of Agriculture and the Secretary of Homeland Security to target food inspection resources.
For purposes of this section, the term "facility" means a domestic facility or a foreign facility that is required to register under section 350d of this title.
21 U.S.C. § 350j
EDITORIAL NOTES
REFERENCES IN TEXTSection 203 of the Food Allergen Labeling and Consumer Protection Act of 2004, referred to in subsec. (c)(2)(E), is section 203, Aug. 2, 2004 of Pub. L. 108-282, 118 Stat. 906, which amended sections 321, 343, and 343-1 of this title and enacted provisions set out as notes under sections 321 and 343 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CONSTRUCTIONNothing in this section to be construed to apply to certain alcohol-related facilities, to alter jurisdiction and authorities established under certain other Acts, or in a manner inconsistent with international agreements to which the United States is a party, see sections 2206, 2251, and 2252 of this title.
ADVISORY COMMITTEE CONSULTATION Pub. L. 111-353, title II, §201(c), Jan. 4, 2011, 124 Stat. 3926, provided that: "In allocating inspection resources as described in section 421 of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 450j ] (as added by subsection (a)), the Secretary may, as appropriate, consult with any relevant advisory committee within the Department of Health and Human Services."