21 U.S.C. § 384b — Voluntary qualified importer program

(a) In general. Within 18 months of January 4, 2011, the Secretary must, working with the Secretary of Homeland Security: (1) create a program that (A) gives faster review and entry for food from importers who volunteer to join, and (B) sets up, along with section 384d, a way to issue a facility certification that travels with the imported food; and (2) publish guidance on how to join, leave, rejoin, and stay compliant with the program. (b) Voluntary participation. An importer can ask the Secretary to give faster review to specific foods under this program. (c) Notice of intent to participate. An importer that wants to join for a given fiscal year must submit notice and an application, in the time and manner the Secretary sets. (d) Eligibility. Only importers bringing in food from a facility that has the certification described in subsection (a) can qualify. When deciding on applications, the Secretary must weigh factors like: (1) known safety risks of the food; (2) the compliance history of the importer's foreign suppliers; (3) whether the exporting country's regulatory system can enforce U.S. food-safety standards; (4) whether the importer follows section 384a; (5) the importer's recordkeeping, testing, inspections, traceability, temperature controls, and sourcing practices; (6) the risk of intentional tampering with the food; and (7) any other factor the Secretary thinks is relevant. (e) Review and revocation. The Secretary must re-check every qualified importer at least once every 3 years, and must promptly revoke the status of any importer that no longer meets the eligibility rules. (f) False statements. Any false statement an importer makes to the Secretary can be prosecuted under section 1001 of title 18 (the general federal false-statements law). (g) Definition. In this section, "importer" means the person who brings food into the U.S. customs territory from a foreign country, or causes it to be brought in.