§384b Voluntary Qualified Importer Program

Summary

No later than 18 months after January 4, 2011, the Secretary must create a voluntary program, working with the Secretary of Homeland Security, to allow importers who join to get faster review and importation of their food. The Secretary must also set up a process, consistent with section 384d, to issue a facility certification that travels with the food. The Secretary will publish guidance that explains how to join the program, how a participant can be removed or reinstated, and how to follow the program rules. An importer may ask to join and must send a notice and application when and how the Secretary requires. To be eligible, the food must come from a certified facility. The Secretary will judge applications by factors like the food’s safety risk; foreign suppliers’ compliance history; the exporting country’s food safety system; the importer’s compliance with section 384a; the importer’s recordkeeping, testing, inspections, traceability, temperature controls, and sourcing; the risk of intentional tampering; and other relevant factors. Qualified importers will be reviewed at least once every 3 years, and the Secretary will quickly revoke status for noncompliance. False statements to the Secretary are subject to 18 U.S.C. 1001. Importer: the person who brings or causes food to be brought into the U.S. customs territory.