Consumer Food Safety Act of 1999

TABLE OF CONTENTS:

Title I: National Food Safety Program

Title II: Research and Education

Title III: Enforcement

Title IV: Authorization

Consumer Food Safety Act of 1999 - Title I: National Food Safety Program - Finds that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards.

Mandates a national program to protect public health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) the quarterly inspection of facilities.

(Sec. 102) Requires that any food processing facility, including the facility of an importer, register.

(Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access.

(Sec. 104) Mandates tolerances (including indicators) for contaminants, except for pesticide residues or food additives regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA).

(Sec. 105) Mandates unannounced inspections at least quarterly of processing and handling facilities.

(Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies.

(Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, a food that appears to be in violation of a food safety law. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic.

Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation.

Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to public health and identification of industry and regulatory approaches to minimize hazards.

(Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program.

(Sec. 203) Mandates research to assist in the implementation of this Act.

Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of a food safety law to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls.

Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation (authorizing such a person to file a complaint for enforcement of such protections, or to use alternative dispute resolution procedures). Applies specified FDCA provisions to this Act for this Act's administration and enforcement.

Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health.

Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Makes the remedy for any foreign facility that violates a food safety law the suspension of registration under this Act.

Title IV: Authorization - Authorizes appropriations to carry out this Act, including authorizations: (1) to States for the State program assistance; and (2) for the research program.