U.S Code last checked for updates: Jun 25, 2024
§ 384b.
Voluntary qualified importer program
(a)
In general
Beginning not later than 18 months after January 4, 2011, the Secretary shall—
(1)
establish a program, in consultation with the Secretary of Homeland Security—
(A)
to provide for the expedited review and importation of food offered for importation by importers who have voluntarily agreed to participate in such program; and
(B)
consistent with section 384d of this title, establish a process for the issuance of a facility certification to accompany food offered for importation by importers who have voluntarily agreed to participate in such program; and
(2)
issue a guidance document related to participation in, revocation of such participation in, reinstatement in, and compliance with, such program.
(b)
Voluntary participation
(c)
Notice of intent to participate
(d)
Eligibility
Eligibility shall be limited to an importer offering food for importation from a facility that has a certification described in subsection (a). In reviewing the applications and making determinations on such applications, the Secretary shall consider the risk of the food to be imported based on factors, such as the following:
(1)
The known safety risks of the food to be imported.
(2)
The compliance history of foreign suppliers used by the importer, as appropriate.
(3)
The capability of the regulatory system of the country of export to ensure compliance with United States food safety standards for a designated food.
(4)
The compliance of the importer with the requirements of section 384a of this title.
(5)
The recordkeeping, testing, inspections and audits of facilities, traceability of articles of food, temperature controls, and sourcing practices of the importer.
(6)
The potential risk for intentional adulteration of the food.
(7)
Any other factor that the Secretary determines appropriate.
(e)
Review and revocation
(f)
False statements
(g)
Definition
(June 25, 1938, ch. 675, § 806, as added Pub. L. 111–353, title III, § 302, Jan. 4, 2011, 124 Stat. 3955.)
cite as: 21 USC 384b