Page:United States Statutes at Large Volume 116 Part 1.djvu/691

 PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 665 "(bb) The transfer of an article of food in violation of an order under section 304(h), or the removal or alteration of any mark or label required by the order to identify the article as detained.". (c) TEMPORARY HOLDS AT PORTS OF ENTRY.— Section 801 of the Federal Food, Drug, and Cosmetic Act, as amended by section 302(d)of this Act, is amended by adding at the end the following: 21 USC 381. "(j)(l) If an officer or qualified employee of the Food and Drug Administration has credible evidence or information indicating that an Eirticle of food presents a threat of serious adverse health consequences or death to humans or animals, and such officer or qualified employee is unable to inspect, examine, or investigate such article upon the article being offered for import at a port of entry into the United States, the officer or qualified employee shall request the Secretary of Treasury to hold the food at the port of entry for a reasonable period of time, not to exceed 24 hours, for the purpose of enabling the Secretary to inspect, examine, or investigate the article as appropriate. "(2) The Secretary shall request the Secretary of Treasury to remove an article held pursuant to paragraph (1) to a secure facility, as appropriate. During the period of time that such article is so held, the article shall not be transferred by any person from the port of entry into the United States for the article, or from the secure facility to which the eirticle has been removed, as the case may be. Subsection (b) does not authorize the delivery of the article pursuant to the execution of a bond while the article is so held. "(3) An officer or qualified employee of the Food and Drug Administration may make a request under paragraph (1) only if the Secretary or an official designated by the Secretary approves the request. An official may not be so designated unless the official is the director of the district under this Act in which the article involved is located, or is an official senior to such director. "(4) With respect to an article of food for which a request under paragraph (1) is made, the Secretary, promptly after the request is made, shall notify the State in which the port of entry involved is located that the request has been made, and as applicable, that such article is being held under this subsection.". SEC. 304. DEBARMENT FOR REPEATED OR SERIOUS FOOD IMPORT VIOLATIONS. „ (a) DEBARMENT AUTHORITY.— (1) PERMISSIVE DEBARMENT.— Section 306(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)(l)) is amended— (A) in subparagraph (A), by striking "or" after the comma at the end; (B) in subparagraph (B), by striking the period at the end and inserting ", or"; and (C) by adding at the end the following subparagraph: "(C) a person from importing an article of food or offering such an article for import into the United States.". (2) AMENDMENT REGARDING DEBARMENT GROUNDS. —Section 306(b)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)) is amended— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting "subparagraph (A) or (B) of before "paragraph (1)";

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