PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1913
‘‘(2) APPLICABILITY.—This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under subsection (b). ‘‘(f) ASSISTANCE OF OTHER AGENCIES.—The Secretary of Transportation, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall provide assistance on request, to the extent resources are available, to the Secretary for the purposes of carrying out this section.’’. (c) INSPECTION OF TRANSPORTATION RECORDS.— (1) REQUIREMENT.—Section 703 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 373) is amended— (A) by striking the section heading and all that follows through ‘‘For the purpose’’ and inserting the following: ‘‘SEC. 703. RECORDS.
‘‘(a) IN GENERAL.—For the purpose’’; and (B) by adding at the end the following: ‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to section 416 shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under section 416(c)(1)(E).’’. (2) CONFORMING AMENDMENT.—Subsection (a) of section 703 of the Federal Food, Drug, and Cosmetic Act (as designated by paragraph (1)(A)) is amended by striking ‘‘carriers.’’ and inserting ‘‘carriers, except as provided in subsection (b).’’. (d) PROHIBITED ACTS; RECORDS INSPECTION.—Section 301(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended by inserting ‘‘416,’’ before ‘‘504,’’ each place it appears. (e) UNSAFE FOOD TRANSPORTATION.—Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ‘‘(hh) The failure by a shipper, carrier by motor vehicle or rail vehicle, receiver, or any other person engaged in the transportation of food to comply with the sanitary transportation practices prescribed by the Secretary under section 416.’’. SEC. 7203. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.
Chapter 57 is amended to read as follows: ‘‘CHAPTER 57—SANITARY FOOD TRANSPORTATION ‘‘5701. Food Transportation safety inspections.
‘‘§ 5701. Food transportation safety inspections ‘‘(a) INSPECTION PROCEDURES.— ‘‘(1) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall establish procedures for transportation safety inspections for the purpose of identifying suspected incidents of contamination or adulteration of— ‘‘(A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act; ‘‘(B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act (21 U.S.C. 672); and
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