,,ii  #aaith ,,congress  #ast ,session  
,s4 #cdbb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aj1 
#bjbe,mr4 ,durbin 7for himself and ,mr4 
,blumenthal7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to establish the ,federal ,food
 ,administration within the ,department 
of ,health and ,human ,services4  #a4   
,short title ,this ,act may be cited as 
the ,federal ,food ,administration ,act 
of #bjbe4  #b4 ,establishment of        
,federal ,food ,administration  7a7     
,establishment ,as soon as practicable1 
but not later than #a year after the    
date of enactment of this ,act1 the     
,secretary of ,health and ,human        
,services shall establish within the    
,department of ,health and ,human       
,services an agency to be known as the  
,federal ,food ,administration4  7b7    
,mission ,the ,federal ,food            
,administration shall-- 7#a7 promote the

 public health by promptly and          
efficiently reviewing food and nutrition
 research and taking appropriate action 
on the marketing of regulated products  
in a timely manner2  7#b7 with respect  
to such products1 protect the public    
health by ensuring that foods are safe1 
wholesome1 sanitary1 and properly       
labeled2  7#c7 participate through      
appropriate processes with              
representatives of other countries to   
protect public health and promote fair  
trade practices in food2 and  7#d7 as   
determined to be appropriate by the     
,secretary1 carry out paragraphs 7#a7   
through 7#c7 in consultation with       
experts in science1 medicine1 and public
 health1 and in cooperation with        
consumers1 users1 manufacturers1        
importers1 packers1 distributors1 and   
retailers of regulated products4  7c7   
,interagency collaboration ,the         
,secretary shall implement programs and 
policies that will foster collaboration 
between the ,federal ,food              

,administration1 the ,department of     
,agriculture1 the ,centers for ,disease 
,control and ,prevention1 the ,national 
,institutes of ,health1 and other       
science-based ,federal agencies1 to     
enhance the scientific and technical    
expertise available to the ,secretary in
 the conduct of the duties of the       
,secretary with respect to the          
development1 investigation1 evaluation1 
and postmarket monitoring of food4  7d7 
,commissioner of ,foods  7#a7 ,in       
general ,the ,federal ,food             
,administration shall be headed by the  
,commissioner of ,foods1 who shall be   
appointed by the ,president1 by and with
 the advice and consent of the ,senate4 
7#b7 ,general powers ,the ,secretary1   
acting through the ,commissioner of     
,foods1 shall be responsible for-- 7,a7 
providing overall direction to the      
,federal ,food ,administration and      
establishing and implementing general   
policies respecting the management and  
operation of programs and activities of 

the ,federal ,food ,administration2     
7,b7 coordinating and overseeing the    
operation of all administrative entities
 within the ,federal ,food              
,administration2  7,c7 research relating
 to foods in carrying out the ,federal  
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cja et seq472  7,d7          
conducting educational and public       
information programs relating to the    
responsibilities of the ,federal ,food  
,administration2 and  7,e7 performing   
such other functions as the ,secretary  
may prescribe4  7e7 ,technical and      
scientific review groups ,the           
,secretary1 acting through the          
,commissioner of ,foods1 may1 without   
regard to the provisions of title #e1   
,united ,states ,code1 governing        
appointments in the competitive service 
and without regard to the provisions of 
chapter #ea and subchapter ,,iii of     
chapter #ec of such title relating to   
classification and ,general ,schedule   
pay rates1 establish such technical and 

scientific review groups as are needed  
to carry out the functions of the       
,federal ,food ,administration1         
including functions under the ,federal  
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cja et seq47 relating to     
food1 and appoint and pay the members of
 such groups1 except that officers and  
employees of the ,united ,states shall  
not receive additional compensation for 
service as members of such groups4  #c4 
,inspection of food facilities  7a7     
,establishment of inspection program    
7#a7 ,in general ,the ,commissioner of  
,foods shall establish an inspection    
program1 which shall include inspections
 of food facilities in accordance with  
subsection 7b71 subject to the facility 
category determined in accordance with  
the guidance issued under paragraph     
7#b74  7#b7 ,facility categories ,as    
soon as practicable1 but not later than 
#a year after the date of enactment of  
this ,act1 the ,commissioner of ,foods  
shall issue formal guidance defining the

 criteria by which food facilities will 
be divided into high-risk1intermediate  
risk1 and low-risk facilities4  7b7     
,inspections of food facilities  7#a7   
,frequency of inspections  7,a7         
,high-risk facilities ,the ,commissioner
 of ,foods shall inspect high-risk      
facilities not less frequently than     
annually4  7,b7 ,intermediate-risk      
facilities ,the ,commissioner of ,foods 
shall inspect intermediate-risk         
facilities not less frequently than once
 every #b years4  7,c7 ,low-risk        
facilities ,the ,commissioner of ,foods 
shall inspect low-risk facilities1 which
 shall include warehouses or similar    
facilities that engage in packaging or  
distribution1 and pose very minimal     
public health risk1 not less frequently 
than once every #c years4  7#b7 ,infant 
formula manufacturing facilities ,the   
,commissioner of ,foods shall inspect   
the facilities of each manufacturer of  
infant formula not less frequently than 
every #f months4  7c7 ,federal and      

,state cooperation ,the ,commissioner of
 ,foods shall contract with ,state      
officials to carry out not less than    
half of the inspections required under  
this section4  7d7 ,compliance checks   
,not later than #cj days after issuing  
to a facility a form that is equivalent 
to ,,fda ,form #dhc1 pursuant to an     
inspection conducted under section #gjd 
of ,federal ,food1 ,drug1 and ,cosmetic 
,act 7#ba ,u4,s4,c4 #cgd71 the          
,commissioner of ,foods shall conduct a 
follow-up compliance check of the       
facility4  #d4 ,transfer of authority1  
functions and agencies  7a7 ,transfer of
 authority ,the ,federal ,food          
,administration shall assume            
responsibility for carrying out the     
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #cja et seq471 as   
related to food1 and shall assume and   
maintain all regulatory1 administrative1
 and enforcement authorities with       
respect to food held by the ,food and   
,drug ,administration on the date of    

enactment of this ,act4  7b7 ,transfer  
of functions ,for each ,federal agency1 
office1 and center specified in         
subsection 7c71 there are transferred to
 the ,federal ,food ,administration all 
functions that the head of the ,federal 
agency exercised on the day before the  
date of enactment of this ,act          
7including all related functions of any 
officer or employee of the ,federal     
agency7 that relate to the regulation of
 food or the administration or          
enforcement of food law1 as determined  
by the ,president4  7c7 ,transferred    
agencies ,the ,federal agencies referred
 to in subsection 7b7 are-- 7#a7 the    
resources and facilities of the ,human  
,foods ,program of the ,food and ,drug  
,administration for purposes of         
administering the ,federal ,food1 ,drug1
 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja 
et seq47 with respect to food2  7#b7 the
 resources and facilities of the ,office
 of ,inspections and ,investigations of 
the ,food and ,drug ,administration for 

purposes of administering the ,federal  
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cja et seq47 with respect to 
food2  7#c7 the resources and facilities
 of the ,center for ,veterinary         
,medicine of the ,food and ,drug        
,administration for purposes of         
administering the ,federal ,food1 ,drug1
 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja 
et seq47 with respect to food2 and  7#d7
 such other offices1 services1 or       
agencies as the ,president designates by
 executive order to carry out this ,act4
  7d7 ,conforming amendment ,subchapter 
,a of chapter ,,vii of the ,federal     
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cga et seq47 is amended by   
adding at the end the following3  #gaf4 
,regulation of food ,notwithstanding any
 other provision of this ,act1 beginning
 as soon as practicable but not later   
than the date that is #a year after the 
date of enactment of the ,federal ,food 
,administration ,act of #bjbe-- 7#a7 any
 authority under this ,act that relates 

to food shall be under the authority of 
the ,federal ,food ,administration1 and 
shall be carried out by the             
,commissioner of ,foods described in    
section #b7;d7 of the ,federal ,food    
,administration ,act of #bjbe2 and  7#b7
 any reference in this ,act to          
authorities related to food held by the 
,commissioner of ,food and ,drugs1      
including any reference in this ,act to 
such authorities held by the ,secretary1
 acting through the ,commissioner of    
,food and ,drugs1 shall be deemed to be 
a reference to authorities held by the  
,commissioner of ,foods1 or by the      
,secretary1 acting through the          
,commissioner of ,foods1 as appropriate4
  4  #e4 ,funding  7a7 ,transfer of     
funds ,the appropriations1 allocations1 
and other funds that relate to the      
authorities1 functions and agencies     
transferred under section #d shall be   
transferred to the ,federal ,food       
,administration4  7b7 ,authorization of 
appropriations ,there are authorized to 

be appropriated to carry out this       
section1 such sums as may be necessary  
for fiscal year #bjbf and each fiscal   
year thereafter4  #f4 ,definitions ,in  
this ,act3 7#a7 ,commissioner of ,foods 
,the term ,commissioner of ,foods means 
the ,commissioner described in section  
#b7;d74  7#b7 ,facility ,the term       
facility means any factory1 warehouse1  
or establishment that is subject to the 
requirements of section #dae or #dai of 
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cej;d2 #cej;h74   
7#c7 ,secretary ,the term ,secretary    
means the ,secretary of ,health and     
,human ,services4