(a) Determinations
(1) In general
The Secretary shall—
(A) conduct a vulnerability assessment of the food system, including by
consideration of the Department of Homeland Security biological, chemical,
radiological, or other terrorism risk assessments;
(B) consider the best available understanding of uncertainties, risks,
costs, and benefits associated with guarding against intentional adulteration of
food at vulnerable points; and
(C) determine the types of science-based mitigation strategies or
measures that are necessary to protect against the intentional adulteration of
food.
(2) Limited distribution
In the interest of national security, the Secretary, in consultation with
the Secretary of Homeland Security, may determine the time, manner, and form in
which determinations made under paragraph (1) are made publicly available.
(b) Regulations
Not later than 18 months after January 4, 2011, the Secretary, in
coordination with the Secretary of Homeland Security and in consultation with
the Secretary of Agriculture, shall promulgate regulations to protect against
the intentional adulteration of food subject to this chapter. Such regulations
shall—
(1) specify how a person shall assess whether the person is required to
implement mitigation strategies or measures intended to protect against the
intentional adulteration of food; and
(2) specify appropriate science-based mitigation strategies or measures
to prepare and protect the food supply chain at specific vulnerable points, as
appropriate.
(c) Applicability
Regulations promulgated under subsection (b) shall apply only to food for
which there is a high risk of intentional contamination, as determined by the
Secretary, in consultation with the Secretary of Homeland Security, under
subsection (a), that could cause serious adverse health consequences or death to
humans or animals and shall include those foods—
(1) for which the Secretary has identified clear vulnerabilities
(including short shelf-life or susceptibility to intentional contamination at
critical control points); and
(2) in bulk or batch form, prior to being packaged for the final
consumer.
(d) Exception
This section shall not apply to farms, except for those that produce
milk.
(e) Definition
For purposes of this section, the term “farm” has the meaning given that
term in section 1.227 of title 21, Code of Federal Regulations (or any successor
regulation).
