124 STAT. 3962 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION OF ELIGIBLE ENTITIES OR FOODS.— ‘‘(A) IN GENERAL.—An accreditation body (or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary) may not accredit a third-party auditor unless such third-party auditor agrees to issue a written and, as appropriate, electronic food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity, subject to requirements set forth by the Secretary. Such written or electronic certification may be included with other docu- mentation regarding such food shipment. The Secretary shall consider certifications under section 801(q) and participation in the voluntary qualified importer program described in section 806 when targeting inspection resources under section 421. ‘‘(B) PURPOSE OF CERTIFICATION.—The Secretary shall use certification provided by accredited third-party auditors to— ‘‘(i) determine, in conjunction with any other assur- ances the Secretary may require under section 801(q), whether a food satisfies the requirements of such sec- tion; and ‘‘(ii) determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806. ‘‘(C) REQUIREMENTS FOR ISSUING CERTIFICATION.— ‘‘(i) IN GENERAL.—An accredited third-party auditor shall issue a food certification under section 801(q) or a facility certification described under subparagraph (B) only after conducting a regulatory audit and such other activities that may be necessary to establish compliance with the requirements of such sections. ‘‘(ii) PROVISION OF CERTIFICATION.—Only an accredited third-party auditor or the Secretary may provide a facility certification under section 806(a). Only those parties described in 801(q)(3) or the Sec- retary may provide a food certification under 301(g). ‘‘(3) AUDIT REPORT SUBMISSION REQUIREMENTS.— ‘‘(A) REQUIREMENTS IN GENERAL.—As a condition of accreditation, not later than 45 days after conducting an audit, an accredited third-party auditor or audit agent of such auditor shall prepare, and, in the case of a regulatory audit, submit, the audit report for each audit conducted, in a form and manner designated by the Secretary, which shall include— ‘‘(i) the identity of the persons at the audited eligible entity responsible for compliance with food safety requirements; ‘‘(ii) the dates of the audit; ‘‘(iii) the scope of the audit; and ‘‘(iv) any other information required by the Sec- retary that relates to or may influence an assessment of compliance with this Act. Audit.
