,,ii #aaith ,,congress #ast ,session ,s4 #cbeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbe,mr4 ,durbin 7for himself1 ,mr4 ,blumenthal1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to make technical corrections to amendments made by the ,,fda ,food ,safety ,modernization ,act to allow the ,food and ,drug ,administration to assess and collect food-related reinspection fees and recall fees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fsma ,fee ,technical ,corrections ,act4 #b4 ,food-related fees 7a7 ,in general ,paragraph 7#b7 of section #gdc7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ca7;b77 is amended to read as follows3 7#b7 ,fee methodology2 fee amounts 7,a7 ,in general ,subject to adjustments made by the ,secretary in accordance with subparagraph 7,b71 fees established for a fiscal year-- 7i7 under subsection 7a77#a77;,a7 shall be in the amount equal to #ae1jjj1 multiplied1 for fiscal year #bjbf and each subsequent fiscal year1 by the adjustment factor described in subsection 7c77#c72 7ii7 under subsection 7a77#a77;,b7 shall be in the amount equal to #ae1jjj1 multiplied1 for fiscal year #bjbf and each subsequent fiscal year1 by the adjustment factor described in subsection 7c77#c72 7iii7 under subsection 7a77#a77;,c7 shall be based on the ,secretary's estimate of #ajj percent of the costs of the activities described in such subsection for such fiscal year2 and 7iv7 under subsection 7a77#a77;,d7 shall be in the amount equal to #ae1jjj1 multiplied1 for fiscal year #bjbf and each subsequent fiscal year1 by the adjustment factor described in subsection 7c77#c74 7,b7 ,other considerations 7i7 ,fee adjustment for small businesses 7,i7 ,in general ,in the case of a facility or importer that1 at the time of the reinspection or recall order1 is a small business as defined in subsection 7a77#b77;,e71 the amount of the fee under subparagraph 7,a71 7,b71 or 7,d7 of subsection 7a77#a71 for a fiscal year1 shall be adjusted to be equal to #a_/c of the amount of the fee calculated under clause 7i71 7ii71 or 7iv7 of subparagraph 7,a71 as applicable1 for such fiscal year4 7,,ii7 ,publication of schedule ,the schedule of such adjusted fee amounts shall be published annually with the user fee notice under subsection 7e74 7,,iii7 ,guidance ,not later than #bgj days after the date of enactment of the ,,fsma ,fee ,technical ,corrections ,act1 the ,secretary shall publish guidance to describe how a food facility or importer may request a fee reduction under this clause1 which shall be issued for immediate implementation to facilitate timely fee reductions1 as applicable4 7ii7 ,voluntary qualified importer program ,in establishing the fee amounts under subparagraph 7,a77iii7 for a fiscal year1 the ,secretary shall provide for the number of importers who have submitted to the ,secretary a notice under section #hjf7;c7 informing the ,secretary of the intent of such importer to participate in the program under section #hjf in such fiscal year4 7iii7 ,crediting of carryover fees ,in establishing the fee amounts under subparagraph 7,a7 for a fiscal year1 the ,secretary shall provide for the crediting toward fee revenue of estimated carryover fee collections from the previous fiscal year if the ,secretary overestimated the amount of fees needed to carry out activities described in paragraph 7#c7 for such previous year1 and shall account for any adjustment of fees under clause 7i74 4 7b7 ,use of fees ,paragraph 7#c7 of section #gdc7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ca7;b77 is amended to read as follows3 7#c7 ,use of fees 7,a7 ,oversight of facilities and importers ,fees collected pursuant to subparagraphs 7,a71 7,b71 and 7,d7 of subsection 7a77#a7 shall be available solely for the costs of oversight of foreign and domestic facilities and importers4 7,b7 ,voluntary qualified importer program ,fees collected pursuant to subparagraph 7,c7 of subsection 7a77#a7 shall be available solely for the costs of the voluntary qualified importer program under section #hjf4 4 7c7 ,limitation on amount ,section #gdc7;c77#d77;,a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ca7;c77#d77;,a77 is amended-- 7#a7 in clause 7i71 by striking #bj1jjj1jjj and inserting #be1jjj1jjj2 and 7#b7 in clause 7ii71 by striking #be1jjj1jjj and inserting #cj1jjj1jjj4 7d7 ,definition of reinspection ,section #gdc7;a77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ca7;a77#b77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 the term reinspection means-- 7i7 with respect to domestic and foreign facilities1 #a or more inspections conducted under section #gjd subsequent to an inspection conducted under such provision which identified noncompliance resulting in a classification of official action indicated1 specifically to determine whether compliance has been achieved to the ,secretary's satisfaction2 and 7ii7 with respect to importers1 #a or more inspections conducted under the foreign supplier verification program under section #hje subsequent to an inspection conducted under such provision which identified noncompliance resulting in a classification of official action indicated1 specifically to determine whether compliance has been achieved to the ,secretary's satisfaction2 2 7#b7 in subparagraph 7,b77ii71 by striking 2 and and inserting a semicolon2 7#c7 in subparagraph 7,c71 by striking the period and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,d7 the term importer means an importer of human or animal food that is subject to the foreign supplier verification program requirements under section #hje2 and 7,e7 the term small business means-- 7i7 with respect to a domestic or foreign facility1 a business 7including any subsidiaries or affiliates7 employing fewer than #ejj full-time equivalent employees2 7ii7 with respect to an importer of human food1 an importer 7including any subsidiaries and affiliates7 averaging less than #a1jjj1jjj per year1 adjusted for inflation1 during the #c-year period preceding the applicable calendar year1 in sales of human food combined with the ,united ,states market value of human food imported1 manufactured1 processed1 packed1 or held without sale 7such as food imported for a fee72 and 7iii7 with respect to an importer of animal food1 an importer 7including any subsidiaries and affiliates7 averaging less than #b1ejj1jjj per year1 adjusted for inflation1 during the #c-year period preceding the applicable calendar year1 in sales of animal food combined with the ,united ,states market value of animal food imported1 manufactured1 processed1 packed1 or held without sale 7such as food imported for a fee74 4