I 

108TH CONGRESS 

1ST SESSION H. R. 2203

To clarify the authority of the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat, meat products, 

poultry, and poultry products processed by establishments receiving inspection services and to enforce the Hazard Analysis and Critical Control 

Point (HACCP) System requirements, sanitation requirements, and the 

performance standards. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Ms. ESHOO (for herself, Mr. ENGLISH, Ms. DELAURO, Mr. GEORGE MILLER

of California, Mrs. NAPOLITANO, Ms. BALDWIN, Mr. UDALL of New Mexico, Ms. SLAUGHTER, Ms. CORRINE BROWN of Florida, Mr. BROWN of 

Ohio, and Mr. WAXMAN) introduced the following bill; which was referred 

to the Committee on Agriculture, and in addition to the Committee on 

Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL

To clarify the authority of the Secretary of Agriculture to 

prescribe performance standards for the reduction of 

pathogens in meat, meat products, poultry, and poultry 

products processed by establishments receiving inspection 

services and to enforce the Hazard Analysis and Critical 

Control Point (HACCP) System requirements, sanitation 

requirements, and the performance standards.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Meat and Poultry 

5 Pathogen Reduction and Enforcement Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The primary purpose of the Federal meat 

9 and poultry inspection program is to protect public 

10 health. 

11 (2) The Centers for Disease Control and Pre12 vention report that human pathogens found in raw 

13 and cooked meat, meat products, poultry, and poul14 try products are a significant source of foodborne ill15 ness. 

16 (3) To reduce the public health burden of 

17 foodborne illness, the Federal meat and poultry in18 spection system should focus on reducing the risk of 

19 foodborne illness associated with the presence of 

20 foodborne pathogens through—

21 (A) establishment and enforcement of per22 formance standards for the reduction of patho23 gens in meat, meat products, poultry, and poul24 try products processed by establishments receiv25 ing inspection services; and 
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1 (B) enforcement of the Hazard Analysis 

2 and Critical Control Point (HACCP) System 

3 requirements and sanitation requirements. 

4 (4) Good public health practice requires control5 ling pathogens as close as practicable to the initial 

6 source of contamination to reduce pathogens and 

7 prevent foodborne illness. 

8 (5) There is a need for strong safeguards at 

9 slaughter establishments during the slaughter and 

10 processing of meat and meat products because those 

11 establishments are where pathogen contamination 

12 often originates. 

13 (6) While proper handling and cooking of meat 

14 and poultry products can virtually eliminate the risk 

15 of foodborne illness from the consumption of meat 

16 and poultry, the presence of pathogens in raw meat 

17 and poultry products leads to cross-contamination of 

18 other foods and surrounding surfaces. 

19 (7) To reduce the risk of foodborne illness and 

20 protect public health, regulatory authorities and all 

21 parties involved in the production and handling of 

22 meat, meat products, poultry, or poultry products 

23 should make a concerted effort to reduce, to the 

24 maximum extent practicable, contamination by 
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1 pathogens using the best available scientific informa2 tion and appropriate technology. 

3 (8) The distribution of meat, meat products, 

4 poultry, or poultry products that contain human 

5 pathogens—

6 (A) impairs the effective regulation of 

7 wholesome meat, meat products, poultry, or 

8 poultry products in interstate and foreign com9 merce; and 

10 (B) destroys markets for wholesome prod11 ucts. 

12 (9) All articles and other animals that are sub13 ject to this Act and the amendments made by this 

14 Act are either in or substantially affect interstate or 

15 foreign commerce. 

16 (10) Regulation by the Secretary of Agriculture 

17 and cooperation by the States are necessary to pre18 vent or eliminate burdens on interstate or foreign 

19 commerce and to protect the health and welfare of 

20 consumers. 

21 SEC. 3. PATHOGEN PERFORMANCE STANDARDS. 

22 (a) MEAT AND MEAT PRODUCTS.—The Federal Meat 

23 Inspection Act (21 U.S.C. 601 et seq.) is amended by in24 serting after section 8 (21 U.S.C. 608) the following new 

25 section:
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1 ‘‘SEC. 8A. PATHOGEN PERFORMANCE STANDARDS. 

2 ‘‘(a) IN GENERAL.—In order to protect the public 

3 health and promote food safety, the Secretary shall pre4 scribe performance standards for the reduction of patho5 gens in raw meat and meat products processed by each 

6 establishment receiving inspection services under this Act. 

7 ‘‘(b) LIST OF PATHOGENS.—

8 ‘‘(1) IN GENERAL.—In consultation with the 

9 Secretary of Health and Human Services, and tak10 ing into account data available from the Centers for 

11 Disease Control and Prevention, the Secretary shall 

12 identify the pathogens that make a significant con13 tribution to the total burden of foodborne disease as14 sociated with meat and meat products. 

15 ‘‘(2) PUBLICATION; UPDATES.—The Secretary 

16 shall—

17 ‘‘(A) publish a list of the pathogens de18 scribed in paragraph (1) not later than 60 days 

19 after the date of the enactment of this section; 

20 and 

21 ‘‘(B) update and publish the list annually 

22 thereafter. 

23 ‘‘(c) PATHOGEN SURVEYS.—

24 ‘‘(1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this section, the 

26 Secretary shall initiate comprehensive, statistically 
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1 representative surveys to determine the current lev2 els and incidence of contamination of raw meat and 

3 meat products with the pathogens listed under sub4 section (b), including the variation in levels and inci5 dence of contamination among establishments. 

6 ‘‘(2) PUBLICATION.—Not later than 2 years 

7 after the date of the enactment of this section, the 

8 Secretary shall compile, and publish in the Federal 

9 Register, the results of the surveys. 

10 ‘‘(3) UPDATES.—At least once every 3 years 

11 after the preceding surveys are conducted, the Sec12 retary shall—

13 ‘‘(A) conduct surveys described in para14 graph (1); and 

15 ‘‘(B) compile and publish the results of the 

16 surveys in accordance with paragraph (2).

17 ‘‘(d) PATHOGEN REDUCTION PERFORMANCE STAND18 ARDS.—

19 ‘‘(1) IN GENERAL.—The pathogen reduction 

20 performance standards required under subsection (a) 

21 shall ensure the lowest level or incidence of contami22 nation that is reasonably achievable using the best 

23 available processing technology and practices. 

24 ‘‘(2) CURRENT CONTAMINATION.—In deter25 mining what is reasonably achievable, the Secretary 
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1 shall consider data on current levels or incidence of 

2 contamination, including what is being achieved by 

3 establishments in the upper quartile of performance 

4 in controlling the level or incidence of contamination. 

5 ‘‘(3) INITIAL PATHOGENS.—Not later than 3 

6 years after the date of the enactment of this section, 

7 the Secretary shall propose pathogen reduction per8 formance standards for at least 2 pathogens from 

9 the list published under subsection (b). 

10 ‘‘(4) SUBSEQUENT PATHOGENS.—Not later 

11 than 1 year after proposing pathogen reduction 

12 standards for the initial pathogens under paragraph 

13 (3), and each year thereafter, the Secretary shall 

14 propose a pathogen reduction performance standard 

15 for at least 1 pathogen each year from the list pub16 lished under subsection (b) until standards have 

17 been proposed for all pathogens on the list. 

18 ‘‘(5) FINAL STANDARDS.—Not later than 1 

19 year after proposing a pathogen reduction standard 

20 for a pathogen under this subsection, the Secretary 

21 shall promulgate a final pathogen reduction stand22 ard for the pathogen. 

23 ‘‘(6) ZERO-TOLERANCE STANDARDS.—Nothing 

24 in this section affects the authority of the Secretary 
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1 to establish a zero-tolerance pathogen reduction per2 formance standard.

3 ‘‘(e) REVIEW OF STANDARDS.—

4 ‘‘(1) IN GENERAL.—Not later than 3 years 

5 after promulgation of a final pathogen reduction 

6 performance standard for a pathogen under sub7 section (d)(5), the Secretary shall review the stand8 ard to determine whether the standard continues to 

9 ensure the lowest level or incidence of contamination 

10 that is reasonably achievable using the best available 

11 processing technology and practices, taking into ac12 count the most recent surveys conducted under sub13 section (c). 

14 ‘‘(2) REVISIONS.—The Secretary shall revise 

15 the standard, as necessary, to comply with sub16 section (d). 

17 ‘‘(f) ENFORCEMENT.—

18 ‘‘(1) IN GENERAL.—The Secretary shall con19 duct regular microbial testing in establishments pro20 ducing raw meat and meat products to determine 

21 compliance with the pathogen reduction performance 

22 standards promulgated under this section. 

23 ‘‘(2) INSPECTIONS.—If the Secretary deter24 mines that an establishment fails to meet a standard 

25 promulgated under subsection (d) and that the es-
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1 tablishment fails to take appropriate corrective ac2 tion, as determined by the Secretary, the Secretary 

3 shall refuse to allow any meat or meat product sub4 ject to the standard and processed by the establish5 ment to be labeled, marked, stamped or tagged as 

6 ‘inspected and passed’. 

7 ‘‘(g) REPORT ON HEALTH-BASED PATHOGEN PER8 FORMANCE STANDARDS.—

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of the enactment of this section, the Sec11 retary, in consultation with the Secretary of Health 

12 and Human Services, shall submit to Congress a re13 port on the scientific feasibility of establishing 

14 health-based performance standards for pathogens in 

15 raw meat and meat products. 

16 ‘‘(2) FACTORS.—In preparing the report, the 

17 Secretary shall consider—

18 ‘‘(A) the scientific feasibility of deter19 mining safe levels for pathogens in raw meat 

20 and meat products; 

21 ‘‘(B) the scientific and public health cri22 teria that are relevant to determining the safe 

23 levels; and 

24 ‘‘(C) other factors determined by the Sec25 retary. 
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1 ‘‘(h) RELATIONSHIP TO ADULTERATION PROVI2 SIONS.—Nothing in this section affects the applicability 

3 to pathogens of the provisions of this Act relating to adul4 teration.’’. 

5 (b) POULTRY AND POULTRY PRODUCTS.—The Poul6 try Products Inspection Act (21 U.S.C. 451 et seq.) is 

7 amended by inserting after section 7 (21 U.S.C. 456) the 

8 following new section: 

9 ‘‘SEC. 7A. PATHOGEN PERFORMANCE STANDARDS. 

10 ‘‘(a) IN GENERAL.—In order to protect the public 

11 health and promote food safety, the Secretary shall pre12 scribe pathogen performance standards for the reduction 

13 of pathogens in raw poultry and poultry products proc14 essed by each establishment receiving inspection services 

15 under this Act. 

16 ‘‘(b) LIST OF PATHOGENS.—

17 ‘‘(1) IN GENERAL.—In consultation with the 

18 Secretary of Health and Human Services, and tak19 ing into account data available from the Centers for 

20 Disease Control and Prevention, the Secretary shall 

21 identify the pathogens that make a significant con22 tribution to the total burden of foodborne disease as23 sociated with poultry and poultry products. 

24 ‘‘(2) PUBLICATION; UPDATES.—The Secretary 

25 shall—
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1 ‘‘(A) publish a list of the pathogens de2 scribed in paragraph (1) not later than 60 days 

3 after the date of the enactment of this section; 

4 and 

5 ‘‘(B) update and publish the list annually 

6 thereafter. 

7 ‘‘(c) PATHOGEN SURVEYS.—

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this section, the 

10 Secretary shall initiate comprehensive, statistically 

11 representative surveys to determine the current lev12 els and incidence of contamination of raw poultry 

13 and poultry products with the pathogens listed 

14 under subsection (b), including the variation in lev15 els and incidence of contamination among establish16 ments. 

17 ‘‘(2) PUBLICATION.—Not later than 2 years 

18 after the date of the enactment of this section, the 

19 Secretary shall compile, and publish in the Federal 

20 Register, the results of the surveys. 

21 ‘‘(3) UPDATES.—At least once every 3 years 

22 after the preceding surveys are conducted, the Sec23 retary shall—

24 ‘‘(A) conduct surveys described in para25 graph (1); and 
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1 ‘‘(B) compile and publish the results of the 

2 surveys in accordance with paragraph (2). 

3 ‘‘(d) PATHOGEN REDUCTION PERFORMANCE STAND4 ARDS.—

5 ‘‘(1) IN GENERAL.—The pathogen reduction 

6 performance standards required under subsection (a) 

7 shall ensure the lowest level or incidence of contami8 nation that is reasonably achievable using the best 

9 available processing technology and practices. 

10 ‘‘(2) CURRENT CONTAMINATION.—In deter11 mining what is reasonably achievable, the Secretary 

12 shall consider data on current levels or incidence of 

13 contamination, including what is being achieved by 

14 establishments in the upper quartile of performance 

15 in controlling the level or incidence of contamination. 

16 ‘‘(3) INITIAL PATHOGENS.—Not later than 3 

17 years after the date of the enactment of this section, 

18 the Secretary shall propose pathogen reduction per19 formance standards for at least 2 pathogens from 

20 the list published under subsection (b). 

21 ‘‘(4) SUBSEQUENT PATHOGENS.—Not later 

22 than 1 year after proposing pathogen reduction 

23 standards for the initial pathogens under paragraph 

24 (3), and each year thereafter, the Secretary shall 

25 propose a pathogen reduction performance standard
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1 for at least 1 pathogen each year from the list pub2 lished under subsection (b) until standards have 

3 been proposed for all pathogens on the list. 

4 ‘‘(5) FINAL STANDARDS.—Not later than 1 

5 year after proposing a pathogen reduction standard 

6 for a pathogen under this subsection, the Secretary 

7 shall promulgate a final pathogen reduction stand8 ard for the pathogen. 

9 ‘‘(6) ZERO-TOLERANCE STANDARDS.—Nothing 

10 in this section affects the authority of the Secretary 

11 to establish a zero-tolerance pathogen reduction per12 formance standard.

13 ‘‘(e) REVIEW OF STANDARDS.—

14 ‘‘(1) IN GENERAL.—Not later than 3 years 

15 after promulgation of a final pathogen reduction 

16 performance standard for a pathogen under sub17 section (d)(5), the Secretary shall review the stand18 ard to determine whether the standard continues to 

19 ensure the lowest level or incidence of contamination 

20 that is reasonably achievable using the best available 

21 processing technology and practices, taking into ac22 count the most recent surveys conducted under sub23 section (c). 
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1 ‘‘(2) REVISIONS.—The Secretary shall revise 

2 the standard, as necessary, to comply with sub3 section (d). 

4 ‘‘(f) ENFORCEMENT.—

5 ‘‘(1) IN GENERAL.—The Secretary shall con6 duct regular microbial testing in establishments pro7 ducing raw poultry and poultry products to deter8 mine compliance with the pathogen reduction per9 formance standards promulgated under this section. 

10 ‘‘(2) INSPECTIONS.—If the Secretary deter11 mines that an establishment fails to meet a standard 

12 promulgated under subsection (d) and that the es13 tablishment fails to take appropriate corrective ac14 tion, as determined by the Secretary, the Secretary 

15 shall refuse to allow any poultry or poultry product 

16 subject to the standard and processed by the estab17 lishment to be labeled, marked, stamped or tagged 

18 as ‘inspected and passed’. 

19 ‘‘(g) REPORT ON HEALTH-BASED PATHOGEN PER20 FORMANCE STANDARDS.—

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of the enactment of this section, the Sec23 retary, in consultation with the Secretary of Health 

24 and Human Services, shall submit to Congress a re25 port on the scientific feasibility of establishing 
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1 health-based performance standards for pathogens in 

2 raw poultry and poultry products. 

3 ‘‘(2) FACTORS.—In preparing the report, the 

4 Secretary shall consider—

5 ‘‘(A) the scientific feasibility of deter6 mining safe levels for pathogens in raw poultry 

7 and poultry products; 

8 ‘‘(B) the scientific and public health cri9 teria that are relevant to determining the safe 

10 levels; and 

11 ‘‘(C) other factors determined by the Sec12 retary. 

13 ‘‘(h) RELATIONSHIP TO ADULTERATION PROVI14 SIONS.—Nothing in this section affects the applicability 

15 to pathogens of the provisions of this Act relating to adul16 teration.’’. 

17 SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBI18 OLOGY CRITERIA FOR FOODS. 

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—In consultation with the Sec21 retary of Health and Human Services, the Secretary 

22 of Agriculture (referred to in this section as the 

23 ‘‘Secretary’’) shall establish a National Advisory 

24 Committee for Microbiology Criteria for Foods (re25 ferred to in this section as the ‘‘Committee’’). 
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1 (2) ADMINISTRATION.—The Committee shall 

2 report to—

3 (A) the Secretary of Agriculture, acting 

4 through the Under Secretary for Food Safety; 

5 and 

6 (B) the Secretary of Health and Human 

7 Services, acting through the Assistant Secretary 

8 for Health. 

9 (b) MEMBERSHIP.—

10 (1) COMPOSITION.—The Committee shall be 

11 composed of not fewer than 9 nor more than 15 

12 members appointed by the Secretary, including a 

13 Chairperson designated by the Secretary. 

14 (2) QUALIFICATIONS.—In appointing members 

15 of the Committee, the Secretary shall appoint indi16 viduals who—

17 (A) are qualified by education, training, 

18 and experience to evaluate scientific and tech19 nical information on matters referred to the 

20 Committee; and 

21 (B) to the maximum extent practicable, 

22 represent the fields of microbiology, risk assess23 ment, epidemiology, public health, food science, 

24 veterinary medicine, and other relevant dis25 ciplines.
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1 (3) PROHIBITION ON FEDERAL GOVERNMENT

2 EMPLOYMENT.—A member of the Committee ap3 pointed under paragraph (1) shall not be an em4 ployee of the Federal Government. 

5 (4) DATE OF APPOINTMENTS.—The appoint6 ment of an initial member of the Committee shall be 

7 made not later than 90 days after the date of the 

8 enactment of this Act. 

9 (5) TERM.—A member of the Committee shall 

10 be appointed for a term established by the Sec11 retary. 

12 (c) MEETINGS.—

13 (1) INITIAL MEETING.—Not later than 30 days 

14 after the date on which all members of the Com15 mittee have been appointed, the Committee shall 

16 hold the initial meeting of the Committee. 

17 (2) MEETINGS.—The Committee shall meet at 

18 the call of the Chairperson, in consultation with the 

19 Secretary. 

20 (3) QUORUM.—A majority of the members of 

21 the Committee shall constitute a quorum, but a less22 er number of members may hold hearings. 

23 (4) CONFLICTS OF INTEREST.—

24 (A) IN GENERAL.—Notwithstanding sec25 tions 201 through 209 of title 18, United 
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1 States Code, a conflict of interest involving the 

2 appointment of a member of the Committee 

3 shall be waived under section 208(b)(3) of that 

4 title only if the member with the conflict of in5 terest is essential to the completion of the work 

6 of the Committee. 

7 (B) VOTING.—Notwithstanding subpara8 graph (A), a member of the Committee with a 

9 conflict of interest on a matter before the Com10 mittee shall not be allowed to vote on the mat11 ter. 

12 (d) DUTIES.—

13 (1) IN GENERAL.—The Committee shall provide 

14 such independent, impartial, scientific advice to Fed15 eral food safety agencies as may be requested by the 

16 Secretary for use in the development of an inte17 grated national food safety systems approach from 

18 farm-to-final consumption to ensure the safety of do19 mestic, imported, and exported foods and reduce the 

20 public health burden of foodborne illness. 

21 (2) FOOD SAFETY STANDARDS AND REGULA22 TIONS.—

23 (A) IN GENERAL.—At the time at which 

24 the Secretary submits to any Federal agency 

25 for formal review and comment any standard or 
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1 regulation proposed under the Federal Meat In2 spection Act (21 U.S.C. 601 et seq.), the Poul3 try Products Inspection Act (21 U.S.C. 451 et 

4 seq.), or any program administered by the 

5 Under Secretary for Food Safety, the Secretary 

6 shall make available to the Committee—

7 (i) the standard or regulation; and 

8 (ii) relevant scientific and technical 

9 information possessed by the Secretary on 

10 which the proposed standard or regulation 

11 is based. 

12 (B) ADVICE AND COMMENTS.—Not later 

13 than a date specified by the Secretary that is 

14 not later than 90 days after receipt of the 

15 standard or regulation, the Committee may 

16 make available to the Secretary the advice and 

17 comments of the Committee on the adequacy of 

18 the scientific and technical basis for the pro19 posed standard or regulation, together with any 

20 additional information the Committee considers 

21 appropriate. 

22 (C) CONTEMPORANEOUS REVIEW.—To the 

23 maximum extent practicable, the review by the 

24 Committee under subparagraph (A) shall be 
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1 conducted contemporaneously with review by 

2 other Federal agencies. 

3 (e) POWERS.—

4 (1) HEARINGS.—The Committee may hold such 

5 hearings, sit and act at such times and places, take 

6 such testimony, and receive such evidence as the 

7 Committee considers advisable to carry out this sec8 tion. 

9 (2) INFORMATION FROM FEDERAL AGENCIES.—

10 (A) IN GENERAL.—The Committee may 

11 secure directly from a Federal agency such in12 formation as the Committee considers necessary 

13 to carry out this section. 

14 (B) PROVISION OF INFORMATION.—On re15 quest of the Chairperson of the Committee, the 

16 head of the agency shall provide the informa17 tion to the Committee. 

18 (3) SUBCOMMITTEES AND INVESTIGATIVE PAN19 ELS.—

20 (A) IN GENERAL.—The Committee may 

21 establish such subcommittees and investigative 

22 panels as the Secretary and the Committee de23 termine necessary to carry out this section.
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1 (B) CHAIRPERSON.—Each subcommittee 

2 and investigative panel shall be chaired by a 

3 member of the Committee. 

4 (4) POSTAL SERVICES.—The Committee may 

5 use the United States mails in the same manner and 

6 under the same conditions as other agencies of the 

7 Federal Government. 

8 (5) GIFTS.—The Committee may accept, use, 

9 and dispose of gifts or donations of services or prop10 erty. 

11 (f) COMMITTEE PERSONNEL MATTERS.—

12 (1) COMPENSATION OF MEMBERS.—A member 

13 of the Committee shall be compensated at a rate 

14 equal to the daily equivalent of the annual rate of 

15 basic pay prescribed for level IV of the Executive 

16 Schedule under section 5315 of title 5, United 

17 States Code, for each day (including travel time) 

18 during which the member is engaged in the perform19 ance of the duties of the Committee. 

20 (2) TRAVEL EXPENSES.—A member of the 

21 Committee shall be allowed travel expenses, includ22 ing per diem in lieu of subsistence, at rates author23 ized for an employee of an agency under subchapter 

24 I of chapter 57 of title 5, United States Code, while 

25 away from the home or regular place of business of 
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1 the member in the performance of the duties of the 

2 Committee. 

3 (3) STAFF.—

4 (A) IN GENERAL.—The Chairperson of the 

5 Committee may, without regard to the civil 

6 service laws (including regulations), appoint 

7 and terminate an executive director and such 

8 other additional personnel as are necessary to 

9 enable the Committee to perform the duties of 

10 the Committee. 

11 (B) CONFIRMATION OF EXECUTIVE DIREC12 TOR.—The employment of an executive director 

13 shall be subject to confirmation by the Com14 mittee. 

15 (C) COMPENSATION.—

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), the Chairperson of the Com18 mittee may fix the compensation of the ex19 ecutive director and other personnel with20 out regard to the provisions of chapter 51 

21 and subchapter III of chapter 53 of title 5, 

22 United States Code, relating to classifica23 tion of positions and General Schedule pay 

24 rates. 
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1 (ii) MAXIMUM RATE OF PAY.—The 

2 rate of pay for the executive director and 

3 other personnel shall not exceed the rate 

4 payable for level V of the Executive Sched5 ule under section 5316 of title 5, United 

6 States Code. 

7 (4) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—The Chairperson of the Com9 mittee may procure temporary and intermittent serv10 ices in accordance with section 3109(b) of title 5, 

11 United States Code, at rates for individuals that do 

12 not exceed the daily equivalent of the annual rate of 

13 basic pay prescribed for level V of the Executive 

14 Schedule under section 5316 of that title. 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated such sums as are necessary to carry 

18 out this section, to remain available until expended. 

19 (2) EXISTING FUNDS.—Any funds that are 

20 available to the National Advisory Committee on 

21 Microbiological Criteria in existence on the date of 

22 the enactment of this Act shall be made available to 

23 the Committee. 
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1 SEC. 5. ENFORCEMENT OF HACCP AND SANITATION RE2 QUIREMENTS. 

3 (a) IN GENERAL.—The Secretary of Agriculture shall 

4 enforce the Hazard Analysis and Critical Control Point 

5 (HACCP) System requirements established under part 

6 417 of title 9, Code of Federal Regulations (or successor 

7 regulations), and the sanitation requirements established 

8 under part 416 of title 9, Code of Federal Regulations 

9 (or successor regulations), in any official establishment. 

10 (b) ENFORCEMENT.—

11 (1) IN GENERAL.—If the Secretary determines 

12 that an establishment fails to meet a requirement 

13 described in subsection (a) and that the establish14 ment fails to take appropriate corrective action, as 

15 determined by the Secretary, the Secretary may 

16 refuse to allow any meat or meat product, or poultry 

17 or poultry product, subject to the standard and proc18 essed by the establishment to be labeled, marked, 

19 stamped or tagged as ‘‘inspected and passed’’. 

20 (2) ADDITIONAL AUTHORITY.—The authority 

21 provided under paragraph (1) is in addition to any 

22 other authority the Secretary may have to enforce 

23 the requirements of this section.

24 SEC. 6. REGULATIONS. 

25 (a) IN GENERAL.—Consistent with section 553 of 

26 title 5, United States Code, the Secretary of Agriculture 
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1 shall have the authority to enforce the pathogen perform2 ance standards of the Secretary in accordance with the 

3 Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and 

4 the Poultry Products Inspection Act (21 U.S.C. 451 et 

5 seq.). 

6 (b) CHALLENGES.—Subsection (a) does not prevent 

7 a challenge to the standards described in subsection (a) 

8 on any basis other than the basis that the Secretary lacks 

9 the authority to issue and enforce pathogen performance 

10 standards promulgated in accordance with section 553 of 

11 title 5, United States Code. 

12 (c) EFFECTIVE DATE.—This section takes effect on 

13 January 1, 2000.

Æ