Page:United States Statutes at Large Volume 124.djvu/3950

 124 STAT. 3924 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(B) DOMESTIC HIGH-RISK FACILITIES.—The Secretary shall increase the frequency of inspection of domestic facili- ties identified under paragraph (1) as high-risk facilities such that each such facility is inspected— ‘‘(i) not less often than once in the 5-year period following the date of enactment of the FDA Food Safety Modernization Act; and ‘‘(ii) not less often than once every 3 years there- after. ‘‘(C) DOMESTIC NON-HIGH-RISK FACILITIES.—The Sec- retary shall ensure that each domestic facility that is not identified under paragraph (1) as a high-risk facility is inspected— ‘‘(i) not less often than once in the 7-year period following the date of enactment of the FDA Food Safety Modernization Act; and ‘‘(ii) not less often than once every 5 years there- after. ‘‘(D) FOREIGN FACILITIES.— ‘‘(i) YEAR 1.—In the 1-year period following the date of enactment of the FDA Food Safety Moderniza- tion Act, the Secretary shall inspect not fewer than 600 foreign facilities. ‘‘(ii) SUBSEQUENT YEARS.—In each of the 5 years following the 1-year period described in clause (i), the Secretary shall inspect not fewer than twice the number of foreign facilities inspected by the Secretary during the previous year. ‘‘(E) RELIANCE ON FEDERAL, STATE, OR LOCAL INSPEC- TIONS.—In meeting the inspection requirements under this subsection for domestic facilities, the Secretary may rely on inspections conducted by other Federal, State, or local agencies under interagency agreement, contract, memo- randa of understanding, or other obligation. ‘‘(b) IDENTIFICATION AND INSPECTION AT PORTS OF ENTRY.— The Secretary, in consultation with the Secretary of Homeland Security, shall allocate resources to inspect any article of food imported into the United States according to the known safety risks of the article of food, which shall be based on the following factors: ‘‘(1) The known safety risks of the food imported. ‘‘(2) The known safety risks of the countries or regions of origin and countries through which such article of food is transported. ‘‘(3) The compliance history of the importer, including with regard to food recalls, outbreaks of foodborne illness, and viola- tions of food safety standards. ‘‘(4) The rigor and effectiveness of the activities conducted by the importer of such article of food to satisfy the require- ments of the foreign supplier verification program under section 805. ‘‘(5) Whether the food importer participates in the voluntary qualified importer program under section 806. ‘‘(6) Whether the food meets the criteria for priority under section 801(h)(1). Time period. Deadlines. Deadlines.