Page:United States Statutes at Large Volume 124.djvu/3949

124 STAT. 3923 PUBLIC LAW 111–353—JAN. 4, 2011 that receives and distributes non-alcohol food, provided such food is received and distributed— (1) in a prepackaged form that prevents any direct human contact with such food; and (2) in amounts that constitute not more than 5 percent of the overall sales of such facility, as determined by the Sec- retary of the Treasury. (c) RULE OF CONSTRUCTION.—Except as provided in subsections (a) and (b), this section shall not be construed to exempt any food, other than alcoholic beverages, as defined in section 214 of the Federal Alcohol Administration Act (27 U.S.C. 214), from the requirements of this Act (including the amendments made by this Act). TITLE II—IMPROVING CAPACITY TO DE- TECT AND RESPOND TO FOOD SAFETY PROBLEMS SEC. 201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. (a) TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY.—Chapter IV (21 U.S.C. 341 et seq.), as amended by section 106, is amended by adding at the end the following: ‘‘SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT. ‘‘(a) IDENTIFICATION AND INSPECTION OF FACILITIES.— ‘‘(1) IDENTIFICATION.—The Secretary shall identify high- risk facilities and shall allocate resources to inspect facilities according to the known safety risks of the facilities, which shall be based on the following factors: ‘‘(A) The known safety risks of the food manufactured, processed, packed, or held at the facility. ‘‘(B) The compliance history of a facility, including with regard to food recalls, outbreaks of foodborne illness, and violations of food safety standards. ‘‘(C) The rigor and effectiveness of the facility’s hazard analysis and risk-based preventive controls. ‘‘(D) Whether the food manufactured, processed, packed, or held at the facility meets the criteria for priority under section 801(h)(1). ‘‘(E) Whether the food or the facility that manufac- tured, processed, packed, or held such food has received a certification as described in section 801(q) or 806, as appropriate. ‘‘(F) Any other criteria deemed necessary and appro- priate by the Secretary for purposes of allocating inspection resources. ‘‘(2) INSPECTIONS.— ‘‘(A) IN GENERAL.—Beginning on the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall increase the frequency of inspection of all facilities. Effective date. 21 USC 350j.