124 STAT. 3954 PUBLIC LAW 111–353—JAN. 4, 2011 consideration variances granted under section 419), as appropriate; and ‘‘(ii) section 402 and section 403(w). ‘‘(B) shall include such other requirements as the Sec- retary deems necessary and appropriate to verify that food imported into the United States is as safe as food produced and sold within the United States. ‘‘(3) CONSIDERATIONS.—In promulgating regulations under this subsection, the Secretary shall, as appropriate, take into account differences among importers and types of imported foods, including based on the level of risk posed by the imported food. ‘‘(4) ACTIVITIES.—Verification activities under a foreign sup- plier verification program under this section may include moni- toring records for shipments, lot-by-lot certification of compli- ance, annual on-site inspections, checking the hazard analysis and risk-based preventive control plan of the foreign supplier, and periodically testing and sampling shipments. ‘‘(d) RECORD MAINTENANCE AND ACCESS.—Records of an importer related to a foreign supplier verification program shall be maintained for a period of not less than 2 years and shall be made available promptly to a duly authorized representative of the Secretary upon request. ‘‘(e) EXEMPTION OF SEAFOOD, JUICE, AND LOW-ACID CANNED FOOD FACILITIES IN COMPLIANCE WITH HACCP.—This section shall not apply to a facility if the owner, operator, or agent in charge of such facility is required to comply with, and is in compliance with, 1 of the following standards and regulations with respect to such facility: ‘‘(1) The Seafood Hazard Analysis Critical Control Points Program of the Food and Drug Administration. ‘‘(2) The Juice Hazard Analysis Critical Control Points Program of the Food and Drug Administration. ‘‘(3) The Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers standards of the Food and Drug Administration (or any successor standards). The exemption under paragraph (3) shall apply only with respect to microbiological hazards that are regulated under the standards for Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers under part 113 of chapter 21, Code of Federal Regulations (or any successor regulations). ‘‘(f) ADDITIONAL EXEMPTIONS.—The Secretary, by notice pub- lished in the Federal Register, shall establish an exemption from the requirements of this section for articles of food imported in small quantities for research and evaluation purposes or for per- sonal consumption, provided that such foods are not intended for retail sale and are not sold or distributed to the public. ‘‘(g) PUBLICATION OF LIST OF PARTICIPANTS.—The Secretary shall publish and maintain on the Internet Web site of the Food and Drug Administration a current list that includes the name of, location of, and other information deemed necessary by the Secretary about, importers participating under this section.’’. (b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), as amended by section 211, is amended by adding at the end the following: ‘‘(zz) The importation or offering for importation of a food if the importer (as defined in section 805) does not have in place Web posting. Notice. Federal Register, publication. Applicability. Time period.
