#aaith ,,congress #b;d ,session ,s4 #digd ,,an ,,act ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act with respect to food safety4 #a4 ,short title ,this ,act may be cited as the ,making ,america's ,food ,safer ,act4 #b4 ,expansion of the accredited third-party certification program 7a7 ,revised definitions ,section #hjh7;a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chd;d7a77 is amended-- 7#a7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,eligible entity ,the term eligible entity means a foreign or domestic entity1 including a foreign or domestic facility subject to registration under section #dae1 in the food supply chain that chooses to be audited by an accredited third-party auditor or the audit agent of such accredited third-party auditor4 2 and 7#b7 in paragraph 7#g77;,b7-- 7,a7 in clause 7i71 by striking 2 or and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 whether a facility is eligible to receive a food or facility certification for other purposes described in subsection 7c77#b77;,b77ii74 4 7b7 ,removing limitations on the use of certifications ,section #hjh7;c77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chd;d7c77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking food certification1 described in section #hja7q71 or facility certification under section #hjf7;a71 as appropriate1 to accompany each food shipment for import into the ,united ,states from an eligible entity and inserting food certification or facility certification for purposes described in subparagraph 7,b71 as appropriate12 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,purpose of certification 7i7 ,in general ,the ,secretary shall use certification provided by accredited third-party auditors to-- 7,i7 determine1 in conjunction with any other assurances the ,secretary may require under section #hja7q71 whether a food satisfies the requirements of such section2 and 7,,ii7 determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section #hjf4 7ii7 ,other considerations ,the ,secretary may consider the results of regulatory audits and food or facility certifications provided by accredited third-party auditors under this section in analyzing risks and prioritizing inspections and other regulatory activities1 as appropriate for the protection of public health4 4 7c7 ,technical and conforming amendments ,section #hjh of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chd;d7 is amended-- 7#a7 in subsection 7b77#a77;,a7-- 7,a7 by striking accreditation bodies in the subparagraph heading and all that follows through ,not later than in clause 7i7 and inserting the following3 accreditation bodies--,not later than2 and 7,b7 by striking clause 7ii72 7#b7 in subsection 7c7-- 7,a7 in paragraphs 7#a7 and 7#b71 by striking 7or1 in the case of direct accreditation under subsection 7b77#a77;,a77ii71 the ,secretary7 each place it appears2 7,b7 in paragraph 7#b77;,c77i71 by striking food certification under section #hja7q7 or a facility certification described under this subparagraph 7,b7 and inserting food certification or a facility certification described in this section2 7,c7 in paragraph 7#f77;,a77i71 by striking food certified under section #hja7q7 or from a facility certified under paragraph 7#b77;,b7 and inserting food or a facility certified under this section2 7,d7 in paragraph 7#f77;,c71 by striking requirements under section #hja7q71 of certifying the food1 or the requirements under paragraph 7#b77;,b7 of certifying the entity and inserting requirements for certifying the food or facility under this section2 and 7,e7 in paragraph 7#g77;,b77i71 by striking 1 through direct accreditation under subsection 7b77#a77;,a77ii7 or2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking or2 and 7,b7 at the end of paragraph 7#b71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following new paragraph3 7#c7 otherwise seeks certification for purposes of subsection 7c77#b77;,b77ii74 4 #c4 ,sharing food safety information with ,state1 local1 ,tribal1 and territorial authorities 7a7 ,in general ,section #gjh of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi7 is amended by adding at the end the following3 7d7 ,sharing food safety information with ,state1 local1 ,tribal1 and territorial authorities 7#a7 ,authorization ,notwithstanding section #cja7;j7 and any other law1 regulation1 or policy1 the ,secretary may share1 with a ,state1 local1 ,tribal1 or territorial authority with counterpart functions related to the protection of public health1 unredacted information in the possession of the ,food and ,drug ,administration relating to any of the following3 7,a7 ,foodborne illness surveillance data4 7,b7 ,laboratory sampling testing information4 7,c7 ,inspectional information and results4 7,d7 ,distribution lists for recalls and outbreaks4 7,e7 ,consumer complaints4 7,f7 ,any other information the ,secretary determines will assist such authority in protecting the public4 7#b7 ,timing ,the ,secretary may share information pursuant to paragraph 7#a7 as soon as is reasonably practicable4 7#c7 ,limitation on further disclosure ,a ,state1 local1 ,tribal1 or ,territorial authority in receipt of information provided by the ,secretary under this subsection shall not further disclose such information without permission of the ,food and ,drug ,administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak1 carry out a recall1 or carry out other ,state enforcement activities4 7#d7 ,effect of subsection ,nothing in this subsection affects the authority of the ,secretary to enter into any written agreement authorized by other provisions of law to share confidential information4 7e7 ,information disclosure during food safety incidents ,the ,secretary is authorized to disclose commercial information obtained from a person that is protected under section #aije of title #ah1 ,united ,states ,code1 when the disclosure of such information advances public health protection during a food safety incident1 including a foodborne illness outbreak1 an investigation related to contaminated food1 or a food recall4 4 7b7 ,conforming amendment ,the first sentence of section #cja7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7;j77 is amended-- 7#a7 by inserting to a ,state1 local1 ,tribal1 or territorial authority as specified in section #gjh7;d71 after of the ,department12 and 7#b7 by striking the second period at the end4 #d4 ,destruction of certain refused articles ,section #hja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha7 is amended by adding at the end the following3 7v7 ,order ,to destroy certain refused articles 7#a7 ,in general ,for any article that has been refused admission and is in violation of this ,act1 the ,secretary of ,health and ,human ,services may issue to the owner or consignee an order that the article shall be destroyed1 without the opportunity to export1 if the ,secretary of ,health and ,human ,services finds that the article presents a significant public health concern4 ,before issuing an order to destroy an article under this subsection1 the ,secretary of ,health and ,human ,services shall provide for notice and an opportunity to appear before the ,secretary of ,health and ,human ,services and introduce testimony on the order to destroy4 ,the ,secretary of ,health and ,human ,services may combine the opportunity to appear before the ,secretary and the opportunity to introduce testimony into a single proceeding with respect to an article4 ,the regulations under paragraph 7#b7 shall provide that prior to the destruction of any such article1 appropriate due process is available to the owner or consignee seeking to challenge the decision of the ,secretary of ,health and ,human ,services to order destruction4 ,such process may be combined with the notice and opportunity to appear before the ,secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy4 ,the ,secretary of the ,treasury shall cause the owner or consignee to complete the destruction of any such article within #ij days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction4 7#b7 ,regulations 7,a7 ,proposed ,not later than #ah months after the date of enactment of the ,making ,america's ,food ,safer ,act1 the ,secretary of ,health and ,human ,services shall issue proposed regulations to implement paragraph 7#a71 including a framework for due process1 allowing for notice and comment on such proposed regulations4 7,b7 ,final ,not later than #a year after the issuance of the proposed regulations under subparagraph 7,a71 the ,secretary of ,health and ,human ,services shall promulgate final regulations to implement paragraph 7#a74 7#c7 ,exceptions ,with respect to importation by an individual of a prescription drug that is not a controlled substance pursuant to section #hjd7;j7 and in a manner that is consistent with personal or household use1 the authority provided under paragraph 7#a7 shall not apply4 7#d7 ,clarification ,for purposes of this section1 a prescription drug described in paragraph 7#c7 that is imported as described in such paragraph shall not be considered a significant public health concern4 4 ,passed the ,senate ,september #bh1 #bjbf4,secretary