21 U.S. Code § 384b - Voluntary qualified importer program
(a) In general
Beginning not later than 18 months after January 4, 2011, the Secretary shall—
(1) establish a program, in consultation with the Secretary of Homeland Security—
(A) to provide for the expedited review and importation of food offered for importation by importers who have voluntarily agreed to participate in such program; and
(B) consistent with section 384d of this title, establish a process for the issuance of a facility certification to accompany food offered for importation by importers who have voluntarily agreed to participate in such program; and
(b) Voluntary participation
An importer may request the Secretary to provide for the expedited review and importation of designated foods in accordance with the program established by the Secretary under subsection (a).
(c) Notice of intent to participate
An importer that intends to participate in the program under this section in a fiscal year shall submit a notice and application to the Secretary of such intent at the time and in a manner established by the Secretary.
Eligibility shall be limited to an importer offering food for importation from a facility that has a certification described in subsection (a). In reviewing the applications and making determinations on such applications, the Secretary shall consider the risk of the food to be imported based on factors, such as the following:
(3) The capability of the regulatory system of the country of export to ensure compliance with United States food safety standards for a designated food.
(4) The compliance of the importer with the requirements of section 384a of this title.
(5) The recordkeeping, testing, inspections and audits of facilities, traceability of articles of food, temperature controls, and sourcing practices of the importer.
(e) Review and revocation
Any importer qualified by the Secretary in accordance with the eligibility criteria set forth in this section shall be reevaluated not less often than once every 3 years and the Secretary shall promptly revoke the qualified importer status of any importer found not to be in compliance with such criteria.
(f) False statements
Source(June 25, 1938, ch. 675, § 806, as added Pub. L. 111–353, title III, § 302,Jan. 4, 2011, 124 Stat. 3955.)