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these hearings, a few individual panelists at more general hearings on food safety,
homeland security, or terrorism discussed agroterrorism in reference to other topics.
Bioterrorism Preparedness Act
The Public Health Security and Bioterrorism Preparedness and Response Act
(P.L.107-188, June 12, 2002) contained several provisions important to agriculture.
These provisions accomplish the following:
Expand Food and Drug Administration (FDA) authority over food manufac-
turing and imports (particularly in Sections 303-307).
Tighten control of biological agents and toxins (“select agents” as discussed
in sections 211-213, the “Agricultural Bioterrorism Protection Act of 2002”)
through rules issued by the Animal and Plant Health Inspection Service
(APHIS) and the Centers for Disease Control and Prevention (CDC).
Authorize expanded agricultural security activities and security upgrades at
USDA facilities (Sections 331-335).
Address criminal penalties for terrorism against enterprises raising animals
(section 336) and violation of the select agent rules (Section 231).
New FDA Rules on Food Processors and Importers
The Bioterrorism Preparedness Act responded to long-standing concerns about
whether the FDA in the Department of Health and Human Services (HHS) had
the authority to assure food safety. FDA was instructed to implement new rules for
Registration of food processors
Prior notice of food imports
Administrative detention of imports
Record keeping
Registration of Food Processors
The act required FDA to establish a one-time registration system for any domestic
or foreign facility that manufactures, processes, packs, and handles food. All food
facilities supplying food for the United States were required to register with the
FDA by December 12, 2003.
Registering involved providing information about the food products (brand
names and general food categories), facility addresses, and contact information.
Restaurants, certain retail stores, farms, nonprofit food and feeding establishments,
fishing vessels, and trucks and other motor carriers were exempt from registration
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