Page:United States Statutes at Large Volume 124.djvu/3928

 124 STAT. 3902 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(D) acknowledge differences in risk and minimize, as appropriate, the number of separate standards that apply to separate foods; and ‘‘(E) not require a business to hire a consultant or other third party to identify, implement, certify, compliance with these procedures, processes, and practices, except in the case of negotiated enforcement resolutions that may require such a consultant or third party; and ‘‘(F) permit States and foreign countries from which food is imported into the United States to request from the Secretary variances from the requirements of the regu- lations, subject to paragraph (2), where the State or foreign country determines that the variance is necessary in light of local growing conditions and that the procedures, proc- esses, and practices to be followed under the variance are reasonably likely to ensure that the produce is not adulter- ated under section 402 and to provide the same level of public health protection as the requirements of the regula- tions adopted under subsection (b). ‘‘(2) VARIANCES.— ‘‘(A) REQUESTS FOR VARIANCES.—A State or foreign country from which food is imported into the United States may in writing request a variance from the Secretary. Such request shall describe the variance requested and present information demonstrating that the variance does not increase the likelihood that the food for which the variance is requested will be adulterated under section 402, and that the variance provides the same level of public health protection as the requirements of the regula- tions adopted under subsection (b). The Secretary shall review such requests in a reasonable timeframe. ‘‘(B) APPROVAL OF VARIANCES.—The Secretary may approve a variance in whole or in part, as appropriate, and may specify the scope of applicability of a variance to other similarly situated persons. ‘‘(C) DENIAL OF VARIANCES.—The Secretary may deny a variance request if the Secretary determines that such variance is not reasonably likely to ensure that the food is not adulterated under section 402 and is not reasonably likely to provide the same level of public health protection as the requirements of the regulation adopted under sub- section (b). The Secretary shall notify the person requesting such variance of the reasons for the denial. ‘‘(D) MODIFICATION OR REVOCATION OF A VARIANCE.— The Secretary, after notice and an opportunity for a hearing, may modify or revoke a variance if the Secretary determines that such variance is not reasonably likely to ensure that the food is not adulterated under section 402 and is not reasonably likely to provide the same level of public health protection as the requirements of the regu- lations adopted under subsection (b). ‘‘(d) ENFORCEMENT.—The Secretary may coordinate with the Secretary of Agriculture and, as appropriate, shall contract and coordinate with the agency or department designated by the Gov- ernor of each State to perform activities to ensure compliance with this section. ‘‘(e) GUIDANCE.— Contracts. Notification.