Page:United States Statutes at Large Volume 124.djvu/3933

 124 STAT. 3907 PUBLIC LAW 111–353—JAN. 4, 2011 for each foreign facility subject to a reinspection in such fiscal year, to cover reinspection-related costs for such year; ‘‘(B) the responsible party for a domestic facility (as defined in section 415(b)) and an importer who does not comply with a recall order under section 423 or under section 412(f) in such fiscal year, to cover food recall activi- ties associated with such order performed by the Secretary, including technical assistance, follow-up effectiveness checks, and public notifications, for such year; ‘‘(C) each importer participating in the voluntary quali- fied importer program under section 806 in such year, to cover the administrative costs of such program for such year; and ‘‘(D) each importer subject to a reinspection in such fiscal year, to cover reinspection-related costs for such year. ‘‘(2) DEFINITIONS.—For purposes of this section— ‘‘(A) the term ‘reinspection’ means— ‘‘(i) with respect to domestic facilities (as defined in section 415(b)), 1 or more inspections conducted under section 704 subsequent to an inspection con- ducted under such provision which identified non- compliance materially related to a food safety require- ment of this Act, specifically to determine whether compliance has been achieved to the Secretary’s satis- faction; and ‘‘(ii) with respect to importers, 1 or more examina- tions conducted under section 801 subsequent to an examination conducted under such provision which identified noncompliance materially related to a food safety requirement of this Act, specifically to determine whether compliance has been achieved to the Sec- retary’s satisfaction; ‘‘(B) the term ‘reinspection-related costs’ means all expenses, including administrative expenses, incurred in connection with— ‘‘(i) arranging, conducting, and evaluating the results of reinspections; and ‘‘(ii) assessing and collecting reinspection fees under this section; and ‘‘(C) the term ‘responsible party’ has the meaning given such term in section 417(a)(1). ‘‘(b) ESTABLISHMENT OF FEES.— ‘‘(1) IN GENERAL.—Subject to subsections (c) and (d), the Secretary shall establish the fees to be collected under this section for each fiscal year specified in subsection (a)(1), based on the methodology described under paragraph (2), and shall publish such fees in a Federal Register notice not later than 60 days before the start of each such year. ‘‘(2) FEE METHODOLOGY.— ‘‘(A) FEES.—Fees amounts established for collection— ‘‘(i) under subparagraph (A) of subsection (a)(1) for a fiscal year shall be based on the Secretary’s estimate of 100 percent of the costs of the reinspection- related activities (including by type or level of reinspec- tion activity, as the Secretary determines applicable) described in such subparagraph (A) for such year; Federal Register, publication. Notice. Deadline.