Food Protection Training Institute Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to: (1) create a list of uniform food protection training standards for federal, state, and local food regulatory officials and food protection officials as part of overall regulatory program standards; and (2) ensure funding is used to advance food protection and effectiveness and equivalency throughout the food protection system.
Directs the Secretary to provide assistance to establish and maintain a Food Protection Training Institute to conduct activities to improve the safety of the U.S. food supply, including: (1) improving the response and prevention controls capabilities of the national food protection system; and (2) acting as a clearinghouse for research, studies, and findings concerning all aspects of food protection programs.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2513 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2513
To amend the Federal Food, Drug, and Cosmetic Act to establish a Food
Protection Training Institute, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2009
Mr. Schauer (for himself, Mr. Upton, Mr. Stupak, Ms. DeGette, Mr.
Braley of Iowa, Ms. Wasserman Schultz, Mr. Massa, Mr. Clyburn, Mr.
Crowley, Mrs. Lowey, and Mr. Gordon of Tennessee) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to establish a Food
Protection Training Institute, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Protection Training Institute
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is no mandatory Federal training requirement for
State, local, tribal, and territorial food protection
officials, and training varies by State.
(2) In June 2000, the Office of the Inspector General
(``OIG'') of the Department of Health and Human Services
released a report on oversight by the Food and Drug
Administration (``FDA'') of State food inspection contracts. In
this report the OIG recommended that FDA take steps to promote
equivalency among Federal and State food safety standards,
inspection programs, and enforcement practices.
(3) Under contract with the FDA, State employees perform
over half of all FDA inspections at domestic food processing
plants. Inspections are performed under State laws and
authorities, the provisions of the Federal Food, Drug, and
Cosmetic Act, or both. In fiscal year 2008, States conducted
approximately 10,500 FDA food contract inspections. Overall,
States conduct nearly 80,000 inspections annually of food
processing plants, but the majority of these inspections are
not recognized by FDA as meeting any standard.
(4) No national accreditation process exists to assure
State and local food protection programs provide adequate
protections to ensure effectiveness or equivalency to Federal
programs.
SEC. 3. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE.
Subchapter D of chapter VII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379k et seq.) is amended by adding at the end the
following:
``SEC. 747. FOOD PROTECTION TRAINING ACTIVITIES AND INSTITUTE.
``(a) Definitions.--In this section--
``(1) the term `food protection' means government
regulatory or public health activities and programs at the
Federal, State, or local level that are targeted at ensuring
the safety or defense of the food supply--
``(A) from natural, accidental, or intentional
contamination; and
``(B) through prevention, intervention, response to
food contamination events, or recovery of food systems
to restore economic stability and public confidence
after a food contamination event;
``(2) the term `food protection officials'--
``(A) means government employees at the Federal,
State, or local level that have direct responsibilities
for food protection; and
``(B) includes environmental health workers,
sanitarians, food regulatory officials, investigators,
communicable disease workers, epidemiologists,
laboratory workers, and toxicologists; and
``(3) the term `food regulatory officials' includes
inspectors responsible for enforcing the food protection
provisions of this Act.
``(b) Authority of the Secretary.--
``(1) General duties.--The Secretary shall, not later than
120 days after the date of enactment of this section--
``(A) create a list of uniform food protection
training standards for Federal, State, and local food
regulatory officials and food protection officials as a
part of overall regulatory program standards in
consultation with--
``(i) a national association of food
protection officials that has membership open
to food protection officials from all States;
``(ii) State agencies responsible for food
protection; and
``(iii) local agencies responsible for food
protection; and
``(B) ensure funding is used to advance food
protection and the effectiveness and equivalency
throughout the food protection system of the Nation
through a responsive and preventive controls framework
in an effort to build capacity and create a more
integrated national food protection system.
``(2) Duties with respect to the institute.--The Secretary
shall, not later than 120 days after the date of enactment of
this section--
``(A) in cooperation with the organization
described in paragraph (1)(A)(i), provide financial,
technical, and other assistance to establish and
maintain a Food Protection Training Institute that--
``(i) conducts training activities that--
``(I) address food protection
inspection training standards as
directed by the Secretary in paragraph
(1); and
``(II) meet any program standards
developed by the Secretary under
paragraph (1);
``(ii) prior to fiscal year 2010, applied
for determination as, or had been determined to
be, an entity described in section 501(c)(3) of
the Internal Revenue Code of 1986;
``(iii) has demonstrated the resources to
commit to training no less than 750 food
protection officials during fiscal year 2010
and no less than 3,000 food protection
officials during fiscal year 2013; and
``(iv) is governed by a board of directors
that--
``(I) as of the date of
establishment, includes--
``(aa) a representative
from a national association
which has, as of fiscal year
2010--
``(AA) tax exempt
status under section
501(c)(3) of the
Internal Revenue Code
of 1986;
``(BB) membership
open to food protection
officials from all
States; and
``(CC) governing
officers who are State
food regulatory program
officials;
``(bb) a representative
from a private foundation with
assets in excess of
$5,000,000,000 as of fiscal
year 2010; and
``(cc) a representative of
a Land Grant university; and
``(II) as of fiscal year 2010, has
received financial support of at least
$1,000,000 from a private foundation
with assets in excess of
$5,000,000,000; and
``(B) ensure that the activities conducted and
assistance provided at such Institute at a minimum
include--
``(i) providing career-specific and career-
spanning skills training and continuing
education for food protection officials and
food regulatory officials that include--
``(I) entry level, core job
training;
``(II) intermediate level and
continuing education training;
``(III) advanced level training in
specialized areas of food protection;
and
``(IV) training of elite or expert
level food protection officials;
``(ii) developing and using multiple and
advanced training approaches to reach food
protection officials including face-to-face
courses, on-the-job training, multi-media
approaches, distance learning, web-based
courses, and other innovative and effective
methods;
``(iii) developing criteria and assessing
measurable training outcomes;
``(iv) developing instructor curriculum and
delivery assessment;
``(v) assessing and reporting to the
Secretary of efforts leading to leveraging food
protection capability and capacity to support a
national integrated food protection system; and
``(vi) establishing methods to provide
timely training in response to emerging food
protection events in order to minimize public
health impacts and recovery.
``(c) Duties of the Food Protection Training Institute.--The Food
Protection Training Institute established under subsection (b) shall
carry out activities to improve the safety of the United States food
supply, including--
``(1) advancing the effectiveness and equivalency
throughout the food protection system of the Nation;
``(2) improving the response and prevention controls
capabilities of the national food protection system;
``(3) building capacity and the integration of the national
food protection system;
``(4) providing training and technical assistance with
respect to food establishment inspections that meet any program
standards developed by the Secretary under subsection (b)(1);
``(5) offering onsite and offsite training for food
protection officials from all States;
``(6) establishing a national network of trained
professionals to present training programs and workshops for
food protection officials;
``(7) developing training materials for use in such
programs and workshops;
``(8) acting as a clearinghouse for research, studies, and
findings concerning all aspects of food protection programs,
including--
``(A) conducting and funding research to improve
the effectiveness of food establishment inspection; and
``(B) conducting and funding research to improve
the effectiveness of the duties of food protection
officials;
``(9) training food protection officials to comply with
standards established by the Secretary through a national
network of instructors or other means;
``(10) preparing informational materials to promote more
efficient and thorough food protection inspections;
``(11) assisting State agencies in providing additional
instructions and instructors, including training personnel to
comply with the guidance and objectives established by the
Secretary; and
``(12) any other activities determined appropriate by the
Secretary.
``(d) Accountability.--
``(1) Report to the secretary.--On an annual basis, the
board of directors of the Institute established under
subsection (b) shall submit to the Secretary a report that
describes the activities and progress of such Institute carried
out under this section during the previous year.
``(2) Report to congress.--On an annual basis, the
Secretary shall submit to Congress a report that describes the
activities and progress of the Secretary and the Institute
established under subsection (b) carried out under this section
during the previous year.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 2010;
``(2) $25,000,000 for fiscal year 2011; and
``(3) $30,000,000 for each of fiscal years 2012, 2013, and
2014.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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