Inspection of food facilities

(a) Establishment of inspection program (1) In general The Commissioner of Foods shall establish an inspection program, which shall include inspections of food facilities in accordance with subsection (b), subject to the facility category determined in accordance with the guidance issued under paragraph (2). (2) Facility categories As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Commissioner of Foods shall issue formal guidance defining the criteria by which food facilities will be divided into high-risk, intermediate risk, and low-risk facilities. (b) Inspections of food facilities (1) Frequency of inspections (A) High-risk facilities The Commissioner of Foods shall inspect high-risk facilities not less frequently than annually. (B) Intermediate-risk facilities The Commissioner of Foods shall inspect intermediate-risk facilities not less frequently than once every 2 years. (C) Low-risk facilities The Commissioner of Foods shall inspect low-risk facilities, which shall include warehouses or similar facilities that engage in packaging or distribution, and pose very minimal public health risk, not less frequently than once every 3 years. (2) Infant formula manufacturing facilities The Commissioner of Foods shall inspect the facilities of each manufacturer of infant formula not less frequently than every 6 months. (c) Federal and State cooperation The Commissioner of Foods shall contract with State officials to carry out not less than half of the inspections required under this section. (d) Compliance checks Not later than 30 days after issuing to a facility a form that is equivalent to FDA Form 483, pursuant to an inspection conducted under section 704 of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374), the Commissioner of Foods shall conduct a follow-up compliance check of the facility.