I 

109TH CONGRESS 

1ST SESSION H. R. 3160 

To protect public health by clarifying 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 

JUNE 30, 2005 

Ms. ESHOO (for herself, Mr. ENGLISH of Pennsylvania, Ms. BALDWIN, Ms. 

DELAURO, Mr. BROWN of Ohio, Mr. FRANK of Massachusetts, Mr. 

GRIJALVA, Ms. HART, Mr. HONDA, Ms. JACKSON-LEE of Texas, Mr. 

KILDEE, Mr. KIND, Mr. LANTOS, Ms. LEE, Mr. LEWIS of Georgia, Mrs. 

LOWEY, Ms. MCCOLLUM of Minnesota, Mr. MCNULTY, Mr. GEORGE

MILLER of California, Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Ms. 

SLAUGHTER, 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 protect public health by clarifying 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 
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(HACCP) System requirements, sanitation requirements, 

and the performance standards. 

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 that— 

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 Preven12 tion report that human pathogens found in raw and 

13 cooked meat, meat products, poultry, and poultry 

14 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 poul-
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1 try products processed by establishments receiv2 ing inspection services; and 

3 (B) enforcement of the Hazard Analysis 

4 and Critical Control Point (HACCP) System 

5 requirements and sanitation requirements; 

6 (4) good public health practice requires control7 ling pathogens as close as practicable to the initial 

8 source of contamination to reduce pathogens and 

9 prevent foodborne illness; 

10 (5) there is a need for strong safeguards at 

11 slaughter establishments during the slaughter and 

12 processing of meat and poultry products because 

13 those establishments are where pathogen contamina14 tion often originates; 

15 (6) while proper handling and cooking of meat 

16 and poultry products can virtually eliminate the risk 

17 of foodborne illness from the consumption of meat 

18 and poultry, the presence of pathogens in raw meat 

19 and poultry products leads to cross-contamination of 

20 other foods and surrounding surfaces; 

21 (7) to reduce the risk of foodborne illness and 

22 protect public health, regulatory authorities and all 

23 parties involved in the production and handling of 

24 meat, meat products, poultry, or poultry products 

25 should make a concerted effort to reduce, to the 
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1 maximum extent practicable, contamination by 

2 pathogens using the best available scientific informa3 tion and appropriate technology; 

4 (8) the distribution of meat, meat products, 

5 poultry, and poultry products that contain human 

6 pathogens— 

7 (A) impairs the effective regulation of 

8 wholesome meat, meat products, poultry, or 

9 poultry products in interstate and foreign com10 merce; and 

11 (B) destroys markets for wholesome prod12 ucts; 

13 (9) all articles and other animals that are sub14 ject to this Act and the amendments made by this 

15 Act are either in or substantially affect interstate or 

16 foreign commerce; 

17 (10) regulation by the Secretary of Agriculture 

18 and cooperation by the States are necessary to pre19 vent or eliminate burdens on interstate or foreign 

20 commerce and to protect the health and welfare of 

21 consumers; and 

22 (11) the 2003 report of the National Academy 

23 of Sciences recommended that Congress grant regu24 latory agencies— 
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1 (A) clear authority to establish, implement, 

2 and enforce food safety criteria, including per3 formance standards; and 

4 (B) the flexibility within the administrative 

5 process to update the criteria. 

6 SEC. 3. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means the Sec8 retary of Agriculture. 

9 SEC. 4. PATHOGEN PERFORMANCE STANDARDS. 

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

11 Inspection Act (21 U.S.C. 601 et seq.) is amended by in12 serting after section 8 (21 U.S.C. 608) the following: 

13 ‘‘SEC. 8A. PATHOGEN PERFORMANCE STANDARDS. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) PATHOGEN REDUCTION PERFORMANCE

16 STANDARDS.—The term ‘pathogen reduction per17 formance standards’ means standards establishing 

18 the degree to which a step or combination of steps 

19 in the production, processing, distribution, or prepa20 ration of a food must operate to achieve the required 

21 level of control over microbiological contamination. 

22 ‘‘(2) PUBLIC HEALTH GOALS AND OBJEC23 TIVES.—The term ‘public health goals and objec24 tives’ means goals and objectives establishing the de-
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1 sired outcome associated with reducing the burden 

2 of foodborne disease in society. 

3 ‘‘(b) STANDARDS, GOALS, AND OBJECTIVES.—In 

4 order to protect the public health and promote food safety, 

5 the Secretary shall prescribe— 

6 ‘‘(1) pathogen surveys to determine current 

7 contamination levels of raw meat and meat products 

8 with foodborne pathogens; 

9 ‘‘(2) public health goals and objectives; and 

10 ‘‘(3) pathogen reduction performance standards 

11 to— 

12 ‘‘(A) reduce pathogens in raw meat and 

13 meat products processed by each establishment 

14 receiving inspection services under this Act; and 

15 ‘‘(B) achieve public health goals and objec16 tives. 

17 ‘‘(c) LIST OF PATHOGENS.— 

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

19 Secretary of Health and Human Services, and tak20 ing into account data available from the Centers for 

21 Disease Control and Prevention, the Secretary shall 

22 identify the pathogens that make a significant con23 tribution to the total burden of foodborne disease as24 sociated with meat and meat products. 
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1 ‘‘(2) PUBLICATION; UPDATES.—The Secretary 

2 shall— 

3 ‘‘(A) publish a list of the pathogens de4 scribed in paragraph (1) not later than 60 days 

5 after the date of enactment of this section; and 

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

7 thereafter. 

8 ‘‘(d) PATHOGEN SURVEYS.— 

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

10 after the date of enactment of this section, the Sec11 retary shall initiate comprehensive, statistically rep12 resentative surveys to determine the current levels 

13 and incidence of contamination of raw meat and 

14 meat products with the pathogens listed under sub15 section (c), including the variation in levels and inci16 dence of contamination among establishments. 

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

18 after the date of enactment of this section, the Sec19 retary shall compile, and publish in the Federal Reg20 ister, the results of the surveys. 

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

22 after the surveys under paragraph (1) are con23 ducted, the Secretary shall— 

24 ‘‘(A) conduct additional surveys in accord25 ance with paragraph (1); and 
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1 ‘‘(B) compile and publish the results of the 

2 surveys in accordance with paragraph (2). 

3 ‘‘(e) PUBLIC HEALTH GOALS AND OBJECTIVES.— 

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

5 the completion of pathogen surveys under subsection 

6 (d), and in coordination with the Secretary of 

7 Health and Human Services and the Director of the 

8 Centers for Disease Control and Prevention, the 

9 Secretary shall establish public health goals and ob10 jectives to achieve a measurable population-based 

11 target for the reduction of foodborne illness. 

12 ‘‘(2) REQUIREMENTS.—The goals described in 

13 subsection (b)(2) shall be updated every 2 years ac14 cording to current epidemiological studies in 

15 foodborne illness and the most recently updated in16 formation from the Centers for Disease Control and 

17 Prevention about the prevalence of foodborne illness. 

18 ‘‘(f) PATHOGEN REDUCTION PERFORMANCE STAND19 ARDS.— 

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

21 performance standards required under subsection (b) 

22 shall ensure the lowest level or incidence of contami23 nation that is reasonably achievable using the best 

24 available processing technology and practices. 
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1 ‘‘(2) CURRENT CONTAMINATION.—In deter2 mining what is reasonably achievable, the Secretary 

3 shall consider data on current levels or incidence of 

4 contamination, including what is being achieved by 

5 establishments in the upper quartile of performance 

6 in controlling the level or incidence of contamination. 

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

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

9 Secretary shall propose pathogen reduction perform10 ance standards for at least 2 pathogens from the list 

11 published under subsection (c). 

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

13 than 1 year after proposing pathogen reduction 

14 standards for the initial pathogens under paragraph 

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

16 propose a pathogen reduction performance standard 

17 for at least 1 pathogen each year from the list pub18 lished under subsection (c) until standards have 

19 been proposed for all pathogens on the list. 

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

21 year after proposing a pathogen reduction standard 

22 for a pathogen under this subsection, the Secretary 

23 shall promulgate a final pathogen reduction stand24 ard for the pathogen. 
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1 ‘‘(6) ZERO-TOLERANCE STANDARDS.—Nothing 

2 in this section affects the authority of the Secretary 

3 to establish a zero-tolerance pathogen reduction per4 formance standard. 

5 ‘‘(g) REVIEW OF STANDARDS.— 

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

7 after promulgation of a final pathogen reduction 

8 performance standard for a pathogen under sub9 section (f)(5), the Secretary shall review the stand10 ard to determine whether the standard continues to 

11 ensure the lowest level or incidence of contamination 

12 that is reasonably achievable using the best available 

13 processing technology and practices, taking into ac14 count the most recent survey conducted under sub15 section (d). 

16 ‘‘(2) PUBLIC HEALTH GOALS.—The goals de17 scribed in subsection (e) shall be— 

18 ‘‘(A) used in addition to the most recent 

19 survey conducted under subsection (d) to evalu20 ate the pathogen performance standards set by 

21 the Secretary; and 

22 ‘‘(B) considered when the Secretary re23 views and revises the final pathogen reduction 

24 performance standards in accordance with sub25 section (f). 
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1 ‘‘(3) REVISIONS.—The Secretary shall revise 

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

4 ‘‘(h) ENFORCEMENT.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall con6 duct regular microbial testing in establishments pro7 ducing raw meat and meat products to determine 

8 compliance with the pathogen reduction performance 

9 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 (f) 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 meat or meat product sub16 ject to the standard and processed by the establish17 ment to be labeled, marked, stamped or tagged as 

18 ‘inspected and passed’. 

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

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

22 the date of enactment of this section, the Secretary, 

23 in consultation with the Secretary of Health and 

24 Human Services, shall submit to Congress a report 

25 on the scientific feasibility of establishing health- 
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1 based performance standards for pathogens in raw 

2 meat and meat 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 meat 

7 and meat 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 ‘‘(j) 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 (b) POULTRY AND POULTRY PRODUCTS.—The Poul18 try Products Inspection Act (21 U.S.C. 451 et seq.) is 

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

20 following: 

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

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) PATHOGEN REDUCTION PERFORMANCE

24 STANDARDS.—The term ‘pathogen reduction per25 formance standards’ means standards establishing 
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1 the degree to which a step or combination of steps 

2 in the production, processing, distribution, or prepa3 ration of a food must operate to achieve the required 

4 level of control over microbiological contamination. 

5 ‘‘(2) PUBLIC HEALTH GOALS AND OBJEC6 TIVES.—The term ‘public health goals and objec7 tives’ means goals and objectives establishing the de8 sired outcome associated with reducing the burden 

9 of foodborne disease in society. 

10 ‘‘(b) STANDARDS, GOALS, AND OBJECTIVES.—In 

11 order to protect the public health and promote food safety, 

12 the Secretary shall prescribe— 

13 ‘‘(1) pathogen surveys to determine current 

14 contamination levels of raw poultry and poultry 

15 products with foodborne pathogens; 

16 ‘‘(2) public health goals and objectives; and 

17 ‘‘(3) pathogen reduction performance standards 

18 to— 

19 ‘‘(A) reduce pathogens in raw poultry and 

20 poultry products processed by each establish21 ment receiving inspection services under this 

22 Act; and 

23 ‘‘(B) achieve public health goals and objec24 tives. 

25 ‘‘(c) LIST OF PATHOGENS.— 
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1 ‘‘(1) IN GENERAL.—In consultation with the 

2 Secretary of Health and Human Services, and tak3 ing into account data available from the Centers for 

4 Disease Control and Prevention, the Secretary shall 

5 identify the pathogens that make a significant con6 tribution to the total burden of foodborne disease as7 sociated with poultry and poultry products. 

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

9 shall— 

10 ‘‘(A) publish a list of the pathogens de11 scribed in paragraph (1) not later than 60 days 

12 after the date of enactment of this section; and 

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

14 thereafter. 

15 ‘‘(d) PATHOGEN SURVEYS.— 

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

17 after the date of enactment of this section, the Sec18 retary shall initiate comprehensive, statistically rep19 resentative surveys to determine the current levels 

20 and incidence of contamination of raw poultry and 

21 poultry products with the pathogens listed under 

22 subsection (c), including the variation in levels and 

23 incidence of contamination among establishments. 

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

25 after the date of enactment of this section, the Sec-
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1 retary shall compile, and publish in the Federal Reg2 ister, the results of the surveys. 

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

4 after the preceding surveys are conducted, the Sec5 retary shall— 

6 ‘‘(A) conduct surveys described in para7 graph (1); and 

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

9 surveys in accordance with paragraph (2). 

10 ‘‘(e) PUBLIC HEALTH GOALS AND OBJECTIVES.— 

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

12 the completion of pathogen surveys under subsection 

13 (d), and in coordination with the Secretary of 

14 Health and Human Services and the Director of the 

15 Centers for Disease Control and Prevention, the 

16 Secretary shall establish public health goals and ob17 jectives to achieve a measurable population-based 

18 target for the reduction of foodborne illness. 

19 ‘‘(2) REQUIREMENTS.—The goals described in 

20 subsection (b)(2) shall be updated every 2 years ac21 cording to current epidemiological studies in 

22 foodborne illness and the most recently updated in23 formation from the Centers for Disease Control and 

24 Prevention about the prevalence of foodborne illness. 
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1 ‘‘(f) PATHOGEN REDUCTION PERFORMANCE STAND2 ARDS.— 

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

4 performance standards required under subsection (b) 

5 shall ensure the lowest level or incidence of contami6 nation that is reasonably achievable using the best 

7 available processing technology and practices. 

8 ‘‘(2) CURRENT CONTAMINATION.—In deter9 mining what is reasonably achievable, the Secretary 

10 shall consider data on current levels or incidence of 

11 contamination, including what is being achieved by 

12 establishments in the upper quartile of performance 

13 in controlling the level or incidence of contamination. 

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

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

16 Secretary shall propose pathogen reduction perform17 ance standards for at least 2 pathogens from the list 

18 published under subsection (c). 

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

20 than 1 year after proposing pathogen reduction 

21 standards for the initial pathogens under paragraph 

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

23 propose a pathogen reduction performance standard 

24 for at least 1 pathogen each year from the list pub-
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1 lished under subsection (c) until standards have 

2 been proposed for all pathogens on the list. 

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

4 year after proposing a pathogen reduction standard 

5 for a pathogen under this subsection, the Secretary 

6 shall promulgate a final pathogen reduction stand7 ard for the pathogen. 

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

9 in this section affects the authority of the Secretary 

10 to establish a zero-tolerance pathogen reduction per11 formance standard. 

12 ‘‘(g) REVIEW OF STANDARDS.— 

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

14 after promulgation of a final pathogen reduction 

15 performance standard for a pathogen under sub16 section (f)(5), the Secretary shall review the stand17 ard to determine whether the standard continues to 

18 ensure the lowest level or incidence of contamination 

19 that is reasonably achievable using the best available 

20 processing technology and practices, taking into ac21 count the most recent survey conducted under sub22 section (d). 

23 ‘‘(2) PUBLIC HEALTH GOALS.—The goals de24 scribed in subsection (e) shall be— 
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1 ‘‘(A) used in addition to the most recent 

2 survey conducted under subsection (d) to evalu3 ate the pathogen performance standards set by 

4 the Secretary; and 

5 ‘‘(B) considered when the Secretary re6 views and revises the final pathogen reduction 

7 performance standards in accordance with sub8 section (f). 

9 ‘‘(3) REVISIONS.—The Secretary shall revise 

10 the standard, as necessary, to comply with sub11 section (f). 

12 ‘‘(h) ENFORCEMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall con14 duct regular microbial testing in establishments pro15 ducing raw poultry and poultry products to deter16 mine compliance with the pathogen reduction per17 formance standards promulgated under this section. 

18 ‘‘(2) INSPECTIONS.—If the Secretary deter19 mines that an establishment fails to meet a standard 

20 promulgated under subsection (f) and that the es21 tablishment fails to take appropriate corrective ac22 tion, as determined by the Secretary, the Secretary 

23 shall refuse to allow any poultry or poultry product 

24 subject to the standard and processed by the estab-
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1 lishment to be labeled, marked, stamped or tagged 

2 as ‘inspected and passed’. 

3 ‘‘(i) REPORT ON HEALTH-BASED PATHOGEN PER4 FORMANCE STANDARDS.— 

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

6 the date of enactment of this section, the Secretary, 

7 in consultation with the Secretary of Health and 

8 Human Services, shall submit to Congress a report 

9 on the scientific feasibility of establishing health10 based performance standards for pathogens in raw 

11 poultry and poultry products. 

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

13 Secretary shall consider— 

14 ‘‘(A) the scientific feasibility of deter15 mining safe levels for pathogens in raw poultry 

16 and poultry products; 

17 ‘‘(B) the scientific and public health cri18 teria that are relevant to determining the safe 

19 levels; and 

20 ‘‘(C) other factors determined by the Sec21 retary. 

22 ‘‘(j) RELATIONSHIP TO ADULTERATION PROVI23 SIONS.—Nothing in this section affects the applicability 

24 to pathogens of the provisions of this Act relating to adul25 teration.’’. 
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1 SEC. 5. NATIONAL ADVISORY COMMITTEE ON MICRO2 BIOLOGICAL CRITERIA FOR FOODS. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—In consultation with the Sec5 retary of Health and Human Services, the Secretary 

6 shall establish a National Advisory Committee on 

7 Microbiological Criteria for Foods (referred to in 

8 this section as the ‘‘Committee’’). 

9 (2) ADMINISTRATION.—The Committee shall 

10 report to— 

11 (A) the Secretary, acting through the 

12 Under Secretary for Food Safety; and 

13 (B) the Secretary of Health and Human 

14 Services, acting through the Assistant Secretary 

15 for Health. 

16 (b) MEMBERSHIP.— 

17 (1) COMPOSITION.—The Committee shall be 

18 composed of not fewer than 9 nor more than 15 

19 members appointed by the Secretary, including a 

20 Chairperson designated by the Secretary. 

21 (2) QUALIFICATIONS.—In appointing members 

22 of the Committee, the Secretary shall appoint indi23 viduals who— 

24 (A) are qualified by education, training, 

25 and experience to evaluate scientific and tech-
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1 nical information on matters referred to the 

2 Committee; and 

3 (B) to the maximum extent practicable, 

4 represent the fields of microbiology, risk assess5 ment, epidemiology, public health, food science, 

6 veterinary medicine, and other relevant dis7 ciplines. 

8 (3) PROHIBITION ON FEDERAL GOVERNMENT

9 EMPLOYMENT.—A member of the Committee ap10 pointed under paragraph (1) shall not be an em11 ployee of the Federal Government. 

12 (4) DATE OF APPOINTMENTS.—The appoint13 ment of an initial member of the Committee shall be 

14 made not later than 90 days after the date of enact15 ment of this Act. 

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

17 be appointed for a term established by the Sec18 retary. 

19 (c) MEETINGS.— 

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

21 after the date on which all members of the Com22 mittee have been appointed, the Committee shall 

23 hold the initial meeting of the Committee. 
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1 (2) MEETINGS.—The Committee shall meet at 

2 the call of the Chairperson, in consultation with the 

3 Secretary. 

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

5 the Committee shall constitute a quorum, but a less6 er number of members may hold hearings. 

7 (4) CONFLICTS OF INTEREST.— 

8 (A) IN GENERAL.—Notwithstanding sec9 tions 201 through 209 of title 18, United 

10 States Code, a conflict of interest involving the 

11 appointment of a member of the Committee 

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

13 title only if the member with the conflict of in14 terest is essential to the completion of the work 

15 of the Committee. 

16 (B) VOTING.—Notwithstanding subpara17 graph (A), a member of the Committee with a 

18 conflict of interest on a matter before the Com19 mittee shall not be allowed to vote on the mat20 ter. 

21 (d) DUTIES.— 

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

23 such independent, impartial, scientific advice to Fed24 eral food safety agencies as may be requested by the 

25 Secretary for use in the development of an inte-
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1 grated national food safety systems approach from 

2 farm-to-final consumption to ensure the safety of do3 mestic, imported, and exported foods and reduce the 

4 public health burden of foodborne illness. 

5 (2) FOOD SAFETY STANDARDS AND REGULA6 TIONS.— 

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

8 the Secretary submits to any Federal agency 

9 for formal review and comment any standard or 

10 regulation proposed under the Federal Meat In11 spection Act (21 U.S.C. 601 et seq.), the Poul12 try Products Inspection Act (21 U.S.C. 451 et 

13 seq.), or any program administered by the 

14 Under Secretary for Food Safety, the Secretary 

15 shall make available to the Committee— 

16 (i) the standard or regulation; and 

17 (ii) relevant scientific and technical 

18 information possessed by the Secretary on 

19 which the proposed standard or regulation 

20 is based. 

21 (B) ADVICE AND COMMENTS.—Not later 

22 than a date specified by the Secretary that is 

23 not later than 90 days after the date of receipt 

24 of the standard or regulation, the Committee 

25 may make available to the Secretary the advice 
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1 and comments of the Committee on the ade2 quacy of the scientific and technical basis for 

3 the proposed standard or regulation, together 

4 with any additional information the Committee 

5 considers appropriate. 

6 (C) CONTEMPORANEOUS REVIEW.—To the 

7 maximum extent practicable, the review by the 

8 Committee under subparagraph (A) shall be 

9 conducted contemporaneously with review by 

10 other Federal agencies. 

11 (e) POWERS.— 

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

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

14 such testimony, and receive such evidence as the 

15 Committee considers advisable to carry out this sec16 tion. 

17 (2) INFORMATION FROM FEDERAL AGENCIES.— 

18 (A) IN GENERAL.—The Committee may 

19 secure directly from a Federal agency such in20 formation as the Committee considers necessary 

21 to carry out this section. 

22 (B) PROVISION OF INFORMATION.—On re23 quest of the Chairperson of the Committee, the 

24 head of the agency shall provide the informa25 tion to the Committee. 
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1 (3) SUBCOMMITTEES AND INVESTIGATIVE PAN2 ELS.— 

3 (A) IN GENERAL.—The Committee may 

4 establish such subcommittees and investigative 

5 panels as the Secretary and the Committee de6 termine necessary to carry out this section. 

7 (B) CHAIRPERSON.—Each subcommittee 

8 and investigative panel shall be chaired by a 

9 member of the Committee. 

10 (4) POSTAL SERVICES.—The Committee may 

11 use the United States mails in the same manner and 

12 under the same conditions as other agencies of the 

13 Federal Government. 

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

15 and dispose of gifts or donations of services or prop16 erty. 

17 (f) COMMITTEE PERSONNEL MATTERS.— 

18 (1) COMPENSATION OF MEMBERS.—A member 

19 of the Committee shall be compensated at a rate 

20 equal to the daily equivalent of the annual rate of 

21 basic pay prescribed for level IV of the Executive 

22 Schedule under section 5315 of title 5, United 

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

24 during which the member is engaged in the perform25 ance of the duties of the Committee. 
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1 (2) TRAVEL EXPENSES.—A member of the 

2 Committee shall be allowed travel expenses, includ3 ing per diem in lieu of subsistence, at rates author4 ized for an employee of an agency under subchapter 

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

6 away from the home or regular place of business of 

7 the member in the performance of the duties of the 

8 Committee. 

9 (3) STAFF.— 

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

11 Committee may, without regard to the civil 

12 service laws (including regulations), appoint 

13 and terminate an executive director and such 

14 other additional personnel as are necessary to 

15 enable the Committee to perform the duties of 

16 the Committee. 

17 (B) CONFIRMATION OF EXECUTIVE DIREC18 TOR.—The employment of an executive director 

19 shall be subject to confirmation by the Com20 mittee. 

21 (C) COMPENSATION.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), the Chairperson of the Com24 mittee may fix the compensation of the ex25 ecutive director and other personnel with-
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1 out regard to the provisions of chapter 51 

2 and subchapter III of chapter 53 of title 5, 

3 United States Code, relating to classifica4 tion of positions and General Schedule pay 

5 rates. 

6 (ii) MAXIMUM RATE OF PAY.—The 

7 rate of pay for the executive director and 

8 other personnel shall not exceed the rate 

9 payable for level V of the Executive Sched10 ule under section 5316 of title 5, United 

11 States Code. 

12 (4) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The Chairperson of the Com14 mittee may procure temporary and intermittent serv15 ices in accordance with section 3109(b) of title 5, 

16 United States Code, at rates for individuals that do 

17 not exceed the daily equivalent of the annual rate of 

18 basic pay prescribed for level V of the Executive 

19 Schedule under section 5316 of that title. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

22 appropriated such sums as are necessary to carry 

23 out this section, to remain available until expended. 

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

25 available to the National Advisory Committee on 
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1 Microbiological Criteria in existence on the date of 

2 enactment of this Act shall be made available to the 

3 Committee. 

4 SEC. 6. ENFORCEMENT OF HACCP AND SANITATION RE5 QUIREMENTS. 

6 (a) IN GENERAL.—The Secretary shall enforce the 

7 Hazard Analysis and Critical Control Point (HACCP) 

8 System requirements established under part 417 of title 

9 9, Code of Federal Regulations (or successor regulations), 

10 and the sanitation requirements established under part 

11 416 of title 9, Code of Federal Regulations (or successor 

12 regulations), in any official establishment. 

13 (b) ENFORCEMENT.— 

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

15 that an establishment fails to meet a requirement 

16 described in subsection (a) and that the establish17 ment fails to take appropriate corrective action, as 

18 determined by the Secretary, the Secretary may 

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

20 or poultry product, subject to the standard and proc21 essed by the establishment to be labeled, marked, 

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

23 (2) ADDITIONAL AUTHORITY.—The authority 

24 provided under paragraph (1) is in addition to any 
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1 other authority the Secretary may have to enforce 

2 the requirements of this section. 

3 SEC. 7. REGULATIONS. 

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

5 title 5, United States Code, the Secretary shall have the 

6 authority to enforce the pathogen performance standards 

7 of the Secretary in accordance with the Federal Meat In8 spection Act (21 U.S.C. 601 et seq.) and the Poultry 

9 Products Inspection Act (21 U.S.C. 451 et seq.). 

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

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

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

13 the authority to issue and enforce pathogen performance 

14 standards promulgated in accordance with section 553 of 

15 title 5, United States Code. 

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

17 January 1, 2000. 

Æ