21 U.S.C. § 341: Definitions and standards for food

Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing. The President’s Council on Food Safety (as established by Executive Order No. 13100 [set out below]) shall, in consultation with the Secretary of Transportation, the Secretary of the Treasury, other relevant Federal agencies, the food industry, consumer and producer groups, scientific organizations, and the States, develop a crisis communications and education strategy with respect to bioterrorist threats to the food supply. Such strategy shall address threat assessments; technologies and procedures for securing food processing and manufacturing facilities and modes of transportation; response and notification procedures; and risk communications to the public. For the purpose of implementing the strategy developed under subsection (a), there are authorized to be appropriated $750,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year.” There is established a commission to be known as the ‘Food Safety Commission’ (referred to in this section as the ‘Commission’). The Commission shall be composed of 15 members (including a Chairperson, appointed by the President[)]. shall have specialized training or significant experience in matters under the jurisdiction of the Commission; and consumers; food scientists; the food industry; and health professionals. Not more than 3 members of the Commission may be Federal employees. The appointment of the members of the Commission shall be made as soon as practicable after the date on which funds authorized to be appropriated under subsection (e)(1) are made available. shall not affect the powers of the Commission; and not later than 60 days after the date on which the vacancy occurs; and in the same manner as the original appointment was made. The initial meeting of the Commission shall be conducted not later than 30 days after the date of appointment of the final member of the Commission. The Commission shall meet at the call of the Chairperson. A majority of the members of the Commission shall constitute a quorum to conduct business. At the first meeting of the Commission, the Commission shall adopt standing rules of the Commission to guide the conduct of business and decisionmaking of the Commission. The Commission shall make specific recommendations to enhance the food safety system of the United States, including a description of how each recommendation would improve food safety. Recommendations made by the Commission under paragraph (1) shall address all food available commercially in the United States. the findings, conclusions, and recommendations of the Commission, including a description of how each recommendation would improve food safety; a summary of any other material used by the Commission in the preparation of the report under this paragraph; and if requested by 1 or more members of the Commission, a statement of the minority views of the Commission. The Commission may, for the purpose of carrying out this section, hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable. The Commission may secure directly, from any Federal agency, such information as the Commission considers necessary to carry out this section. Subject to subparagraph (C), on the request of the Commission, the head of a Federal agency described in subparagraph (A) may furnish information requested by the Commission to the Commission. The furnishing of information by a Federal agency to the Commission shall not be considered a waiver of any exemption available to the agency under section 552 of title 5 , United States Code. the Commission shall be considered an agency of the Federal Government; and any individual employed by an individual, entity, or organization that is a party to a contract with the Commission under this section shall be considered an employee of the Commission. Information obtained by the Commission, other than information that is available to the public, shall not be disclosed to any person in any manner except to an employee of the Commission as described in clause (i), for the purpose of receiving, reviewing, or processing the information. A member of the Commission shall serve without compensation for the services of the member on the Commission. A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate the appointment of an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. The employment of an executive director shall be subject to confirmation by the Commission. Except as provided in clause (ii), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. The rate of pay for the executive director and other personnel shall not exceed the rate payable for level II of the Executive Schedule under section 5316 of title 5 , United States Code. An employee of the Federal Government may be detailed to the Commission, without reimbursement, for such period of time as is permitted by law. The detail of the employee shall be without interruption or loss of civil service status or privilege. The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5 , United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5316 of that title. There is authorized to be appropriated such sums as are necessary to carry out this section. No payment may be made under subsection (d) except to the extent provided for in advance in an appropriations Act. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the recommendations and report under subsection (b)(3).”