Page:United States Statutes at Large Volume 124.djvu/3985

 124 STAT. 3959 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(b) EFFECT OF INABILITY TO INSPECT.—Notwithstanding any other provision of law, food shall be refused admission into the United States if it is from a foreign factory, warehouse, or other establishment of which the owner, operator, or agent in charge, or the government of the foreign country, refuses to permit entry of United States inspectors or other individuals duly designated by the Secretary, upon request, to inspect such factory, warehouse, or other establishment. For purposes of this subsection, such an owner, operator, or agent in charge shall be considered to have refused an inspection if such owner, operator, or agent in charge does not permit an inspection of a factory, warehouse, or other establishment during the 24-hour period after such request is sub- mitted, or after such other time period, as agreed upon by the Secretary and the foreign factory, warehouse, or other establish- ment.’’. (b) INSPECTION BY THE SECRETARY OF COMMERCE.— (1) IN GENERAL.—The Secretary of Commerce, in coordina- tion with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or facility of an exporter from which seafood imported into the United States originates. The inspectors shall assess practices and processes used in connection with the farming, cultivation, harvesting, prepara- tion for market, or transportation of such seafood and may provide technical assistance related to such activities. (2) INSPECTION REPORT.— (A) IN GENERAL.—The Secretary of Health and Human Services, in coordination with the Secretary of Commerce, shall— (i) prepare an inspection report for each inspection conducted under paragraph (1); (ii) provide the report to the country or exporter that is the subject of the report; and (iii) provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings of the report to the Secretary of Health and Human Services. (B) DISTRIBUTION AND USE OF REPORT.—The Secretary of Health and Human Services shall consider the inspection reports described in subparagraph (A) in distributing inspection resources under section 421 of the Federal Food, Drug, and Cosmetic Act, as added by section 201. SEC. 307. ACCREDITATION OF THIRD -PARTY AUDITORS. Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 306, is amended by adding at the end the following: ‘‘SEC. 808. ACCREDITATION OF THIRD -PARTY AUDITORS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AUDIT AGENT.—The term ‘audit agent’ means an indi- vidual who is an employee or agent of an accredited third- party auditor and, although not individually accredited, is quali- fied to conduct food safety audits on behalf of an accredited third-party auditor. ‘‘(2) ACCREDITATION BODY.—The term ‘accreditation body’ means an authority that performs accreditation of third-party auditors. ‘‘(3) THIRD-PARTY AUDITOR.—The term ‘third-party auditor’ means a foreign government, agency of a foreign government, 21 USC 384d. Time period. 21 USC 2241.