II 

112TH CONGRESS 

1ST SESSION S. 1529 

To require the Secretary of Agriculture to protect against foodborne illnesses, 

provide enhanced notification of recalled meat, poultry, eggs, and related 

food products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2011 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require the Secretary of Agriculture to protect against 

foodborne illnesses, provide enhanced notification of recalled meat, poultry, eggs, and related food products, 

and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Foodborne Illness Reduction Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 


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TITLE I—PROTECTION AGAINST FOODBORNE ILLNESSES 

Sec. 101. Definition of adulterated. 

TITLE II—FOOD SAFETY 

Sec. 201. Food safety. 

TITLE III—RESEARCH AND EDUCATION 

Sec. 211. Definition of Secretary. 

Sec. 212. Foodborne illness surveillance systems. 

Sec. 213. FSIS research department. 

Sec. 214. Public health assessment system. 

Sec. 215. Public education and advisory system. 

Sec. 216. Research. 

TITLE IV—CRIMINAL PENALTY AND OTHER PROVISIONS 

Sec. 221. Criminal penalties. 

Sec. 222. Study on HACCP-based Inspection Models Project. 

Sec. 223. Study on the effect of worker safety on food safety. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the safety of the food supply of the United 

4 States is vital to the public health, public confidence 

5 in the food supply, and the success of the food sector 

6 of the economy of the United States; 

7 (2) lapses in the protection of the food supply 

8 and the loss of public confidence that results from 

9 foodborne illness outbreaks and food recalls are 

10 damaging to consumers and the food industry, and 

11 place a burden on interstate commerce and inter12 national trade; 

13 (3) the Food Safety and Inspection Service of 

14 the Department of Agriculture has jurisdiction over 

15 meat, poultry, and egg products; 


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1 (4)(A) recent events demonstrate that the food 

2 safety system administered by the Food Safety and 

3 Inspection Service needs modernizing to fully control 

4 hazards in regulated food; and 

5 (B) these events have adversely affected con6 sumer confidence; 

7 (5) new and emerging pathogens such as anti8 biotic-resistant Salmonella, and enterohemorrhagic 

9 (EHEC) Shiga toxin-producing serotypes of Esch10 erichia coli (E. coli) place an increasing number of 

11 people at high risk for foodborne illness; 

12 (6) several court decisions, relying on outdated 

13 understandings of the risks and nature of micro14 biological contaminants, have issued rulings that im15 pose barriers to reasonable efforts by the Food Safe16 ty and Inspection Service to prevent foodborne ill17 ness; 

18 (7) Federal food safety standard setting, in19 spection, enforcement, and research efforts should be 

20 based on the best available science and public health 

21 considerations, and food safety resources should be 

22 deployed in ways that most effectively prevent 

23 foodborne illness; 

24 (8) the Federal Meat Inspection Act (21 U.S.C. 

25 601 et seq.) was first enacted in 1907, the Poultry 


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

2 first enacted in 1957, and the last substantial 

3 amendment to those laws occurred 44 years before 

4 the date of enactment of this Act; 

5 (9) Congress passed the Department of Agri6 culture Reorganization Act of 1994 (7 U.S.C. 6901 

7 et seq.), establishing the office of the Under Sec8 retary of Agriculture for Food Safety in order to 

9 centralize and modernize the food safety system at 

10 the Department of Agriculture; and 

11 (10) improving Federal oversight of food safety 

12 requires a modern food safety mandate and clear au13 thorities to effectively protect the public from 

14 foodborne diseases associated with the products that 

15 the Food Safety and Inspection Service regulates. 

16 (b) PURPOSES.—The purposes of this Act are— 

17 (1) to establish an effective, preventive food 

18 safety system administered by the Food Safety and 

19 Inspection Service— 

20 (A) to regulate food safety and labeling to 

21 strengthen the protection of the public health; 

22 (B) to focus new attention on emerging 

23 pathogens in the food supply, such as EHEC, 

24 including Shiga toxin-producing E. coli 


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1 (STEC), and Salmonella strains, including 

2 strains that are antibiotic resistant; 

3 (C) to participate with the Food and Drug 

4 Administration in an integrated, systemwide ap5 proach to food safety and to make more effec6 tive and efficient use of resources to prevent 

7 foodborne illness; and 

8 (D) to provide an integrated food safety 

9 research capability, including internally gen10 erated, scientifically and statistically valid stud11 ies, in cooperation with academic institutions 

12 and other scientific and regulatory entities of 

13 the Federal and State governments; 

14 (2) to modernize and strengthen the Federal 

15 food safety system to ensure more effective applica16 tion and efficient management of the laws for the 

17 protection and improvement of public health; and 

18 (3) to establish that food establishments have 

19 responsibility to ensure that all stages of production, 

20 processing, and distribution of the products of the 

21 food establishments, or under the control of the food 

22 establishments, satisfy the requirements of this Act. 


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1 TITLE I—PROTECTION AGAINST 

2 FOODBORNE ILLNESSES 

3 SEC. 101. DEFINITION OF ADULTERATED. 

4 (a) MEAT AND MEAT FOOD PRODUCTS.—Section 

5 1(m) of the Federal Meat Inspection Act (21 U.S.C. 

6 601(m)) is amended— 

7 (1) in paragraph (8), by striking ‘‘or’’ at the 

8 end; 

9 (2) in paragraph (9), by striking the period at 

10 the end and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(10) if it is an emerging pathogen that is asso13 ciated with actual or potential human illnesses or 

14 death, including at a minimum pathogens such as 

15 antibiotic-resistant strains of Salmonella or 

16 enterohemorrhagic (EHEC) Shiga toxin-producing 

17 serotypes of Escherichia coli (E. coli).’’. 

18 (b) POULTRY AND POULTRY PRODUCTS.—Section 

19 4(g) of the Poultry Products Inspection Act (21 U.S.C. 

20 453(g)) is amended— 

21 (1) in paragraph (7), by striking ‘‘or’’ at the 

22 end; 

23 (2) in paragraph (8), by striking the period at 

24 the end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(9) if it is an emerging pathogen that is asso2 ciated with actual or potential human illnesses or 

3 death, including at a minimum pathogens such as 

4 antibiotic-resistant strains of Salmonella or 

5 enterohemorrhagic (EHEC) Shiga toxin-producing 

6 serotypes of Escherichia coli (E. coli).’’. 

7 (c) EGGS AND EGG PRODUCTS.—Section 4(a) of the 

8 Egg Products Inspection Act (21 U.S.C. 1033(a)) is 

9 amended— 

10 (1) in paragraph (7), by striking ‘‘or’’ at the 

11 end; 

12 (2) in paragraph (8), by striking the period at 

13 the end and inserting ‘‘; or’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(9) if it is an emerging pathogen that is asso16 ciated with actual or potential human illnesses or 

17 death, including at a minimum pathogens such as 

18 antibiotic-resistant strains of Salmonella or 

19 enterohemorrhagic (EHEC) Shiga toxin-producing 

20 serotypes of Escherichia coli (E. coli).’’. 

21 TITLE II—FOOD SAFETY 

22 SEC. 201. FOOD SAFETY. 

23 (a) IN GENERAL.—Subtitle G of the Department of 

24 Agriculture Reorganization Act of 1994 (7 U.S.C. 6981 

25 et seq.) is amended— 


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1 (1) by inserting after the subtitle heading the 

2 following: 

3 ‘‘PART I—ADMINISTRATION’’; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘PART II—FOOD SAFETY 

7 ‘‘SEC. 263. DEFINITIONS. 

8 ‘‘In this part: 

9 ‘‘(1) ADULTERATED.— 

10 ‘‘(A) IN GENERAL.—The term ‘adulter11 ated’ has the meaning given the term in— 

12 ‘‘(i) in the case of poultry or a poultry 

13 product, section 4 of the Poultry Products 

14 Inspection Act (21 U.S.C. 453); 

15 ‘‘(ii) in the case of meat or a meat 

16 food product, section 1 of the Federal 

17 Meat Inspection Act (21 U.S.C. 601); and 

18 ‘‘(iii) in the case of an egg or egg 

19 product, section 4 of the Egg Products In20 spection Act (21 U.S.C. 1033). 

21 ‘‘(B) INCLUSION.—The term ‘adulterated’ 

22 includes bearing or containing a contaminant 

23 that has the potential to cause illness or death 

24 among sensitive populations. 


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1 ‘‘(2) AGENCY.—The term ‘agency’ has the 

2 meaning given the term in section 551 of title 5, 

3 United States Code. 

4 ‘‘(3) CONTAMINANT.—The term ‘contaminant’ 

5 includes a bacterium, chemical, natural or manufac6 tured toxin, virus, parasite, prion, physical hazard, 

7 or other human pathogen that when found on or in 

8 food can cause human illness, injury, or death. 

9 ‘‘(4) CONTAMINATION.—The term ‘contamina10 tion’ refers to the presence of a contaminant in food. 

11 ‘‘(5) FOOD.—The term ‘food’ means— 

12 ‘‘(A) a meat or a meat food product (with13 in the meaning of the Federal Meat Inspection 

14 Act (21 U.S.C. 601 et seq.)); 

15 ‘‘(B) an egg or egg product (as defined in 

16 section 4 of the Egg Products Inspection Act 

17 (21 U.S.C. 1033)); or 

18 ‘‘(C) a poultry or poultry product (as de19 fined in section 4 of the Poultry Products In20 spection Act (21 U.S.C. 453)). 

21 ‘‘(6) FOOD ESTABLISHMENT.— 

22 ‘‘(A) IN GENERAL.—The term ‘food estab23 lishment’ means a slaughterhouse, factory, 

24 warehouse, or facility owned or operated by a 

25 person located in any State that processes food 


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1 or a facility that holds, stores, or transports 

2 food or food ingredients. 

3 ‘‘(B) EXCLUSIONS.—The term ‘food estab4 lishment’ does not include a farm, restaurant, 

5 other retail food establishment, or nonprofit 

6 food establishment in which food is prepared for 

7 or served directly to the consumer. 

8 ‘‘(7) FOOD SAFETY LAW.—The term ‘food safe9 ty law’ means— 

10 ‘‘(A) the Poultry Products Inspection Act 

11 (21 U.S.C. 451 et seq.); 

12 ‘‘(B) the Federal Meat Inspection Act (21 

13 U.S.C. 601 et seq.); 

14 ‘‘(C) the Egg Products Inspection Act (21 

15 U.S.C. 1031 et seq.); 

16 ‘‘(D) the provisions of Public Law 85–765 

17 (commonly known as the ‘Humane Methods of 

18 Slaughter Act of 1958’) (7 U.S.C. 1901 et seq.) 

19 administered by the Food Safety and Inspection 

20 Service; 

21 ‘‘(E) this part; and 

22 ‘‘(F) such other provisions of law relating 

23 to and requiring food safety, labeling, inspec24 tion, and enforcement as the President desVerDate Mar 15 2010 22:53 Sep 09, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

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1 ignates by Executive order as appropriate to in2 clude within the jurisdiction of the Secretary. 

3 ‘‘(8) FOREIGN FOOD ESTABLISHMENT.—The 

4 term ‘foreign food establishment’ means a slaughter5 house, factory, warehouse, or facility located outside 

6 the United States that processes food for consump7 tion that is imported into the United States or food 

8 ingredients. 

9 ‘‘(9) INTERSTATE COMMERCE.—The term 

10 ‘interstate commerce’ has the meaning given the 

11 term in section 201 of the Federal Food, Drug, and 

12 Cosmetic Act (21 U.S.C. 321). 

13 ‘‘(10) MISBRANDED.—The term ‘misbranded’ 

14 has the meaning given the term in— 

15 ‘‘(A) in the case of poultry or a poultry 

16 product, section 4 of the Poultry Products In17 spection Act (21 U.S.C. 453); 

18 ‘‘(B) in the case of meat or a meat food 

19 product, section 1 of the Federal Meat Inspec20 tion Act (21 U.S.C. 601); and 

21 ‘‘(C) in the case of an egg or egg product, 

22 section 4 of the Egg Products Inspection Act 

23 (21 U.S.C. 1033). 


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1 ‘‘(11) PROCESS.—The term ‘process’ or ‘proc2 essing’ means the commercial harvesting, slaughter, 

3 packing, preparation, or manufacture of food. 

4 ‘‘(12) SAFE.—The term ‘safe’ refers to human 

5 and animal health. 

6 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

7 means the Secretary of Agriculture, acting through 

8 the Under Secretary of the Food Safety and Inspec9 tion Service. 

10 ‘‘(14) STATE.—The term ‘State’ means— 

11 ‘‘(A) a State; 

12 ‘‘(B) the District of Columbia; 

13 ‘‘(C) the Commonwealth of Puerto Rico; 

14 and 

15 ‘‘(D) any other territory or possession of 

16 the United States. 

17 ‘‘(15) STATISTICALLY VALID.—The term ‘sta18 tistically valid’ means, with respect to a study, evalu19 ated and conducted under standards established by 

20 the National Institute of Standards and Technology. 

21 ‘‘SEC. 264. PERFORMANCE STANDARDS FOR CONTAMI22 NANTS IN FOOD. 

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

24 ‘‘(1) PATHOGEN REDUCTION PERFORMANCE

25 STANDARDS.—The term ‘pathogen reduction perVerDate Mar 15 2010 22:53 Sep 09, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

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1 formance standards’ means standards establishing 

2 the degree to which a step or combination of steps 

3 in the production, processing, distribution, or prepa4 ration of a food must operate to achieve the required 

5 level of control over microbiological contamination. 

6 ‘‘(2) PUBLIC HEALTH GOALS AND OBJEC7 TIVES.—The term ‘public health goals and objec8 tives’ means goals and objectives establishing the de9 sired outcome associated with reducing the burden 

10 of foodborne disease in society. 

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

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

13 the Secretary shall prescribe— 

14 ‘‘(1) pathogen surveys to determine current lev15 els of food contamination; 

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

17 ‘‘(3) pathogen reduction performance stand18 ards— 

19 ‘‘(A) to reduce pathogens in food; and 

20 ‘‘(B) to achieve public health goals and ob21 jectives. 

22 ‘‘(c) LIST OF PATHOGENS.— 

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

24 Secretary of Health and Human Services, and tak25 ing into account data available from the Centers for 


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1 Disease Control and Prevention, the Secretary shall 

2 identify the pathogens that make a significant con3 tribution to the total burden of foodborne disease as4 sociated with food. 

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

6 shall— 

7 ‘‘(A) publish a list of the pathogens de8 scribed in paragraph (1) not later than 180 

9 days after the date of enactment of this section; 

10 and 

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

12 thereafter. 

13 ‘‘(d) PATHOGEN SURVEYS.— 

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

15 after the date of enactment of this section, the Sec16 retary shall initiate the planning and subsequent im17 plementation of comprehensive surveys to determine 

18 the current levels and incidence of contamination of 

19 food products with the pathogens listed under sub20 section (c), including the variation in levels and inci21 dence of contamination among establishments. 

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

23 after the date of enactment of this section, the Sec24 retary shall compile, and publish in the Federal Reg25 ister, the results of the surveys. 


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

2 after the preceding surveys are conducted, the Sec3 retary shall— 

4 ‘‘(A) conduct surveys described in para5 graph (1); and 

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

7 surveys in accordance with paragraph (2). 

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

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

10 the completion of pathogen surveys under subsection 

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

12 Health and Human Services and the Director of the 

13 Centers for Disease Control and Prevention, the 

14 Secretary shall establish public health goals and ob15 jectives to achieve measurable population-based tar16 gets for the reduction of foodborne illness. 

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

18 subsection (b)(2) shall be updated every 2 years ac19 cording to current epidemiological studies in 

20 foodborne illness and the most recently updated in21 formation from the Centers for Disease Control and 

22 Prevention about the prevalence of foodborne illness. 

23 ‘‘(f) PATHOGEN REDUCTION PERFORMANCE STAND24 ARDS.— 


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

2 performance standards required under subsection (b) 

3 shall ensure the lowest level or incidence of contami4 nation that is reasonably achievable using the best 

5 available processing technology and practices. 

6 ‘‘(2) CURRENT CONTAMINATION.—In deter7 mining what is reasonably achievable, the Secretary 

8 shall consider data on current levels or incidence of 

9 contamination, including what is being achieved by 

10 establishments in the upper quartile of performance 

11 in controlling the level or incidence of contamination. 

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

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

14 Secretary shall propose pathogen reduction perform15 ance standards for at least 2 pathogens from the list 

16 published under subsection (c). 

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

18 than 1 year after proposing pathogen reduction 

19 standards for the initial pathogens under paragraph 

20 (3), and annually thereafter, the Secretary shall pro21 pose a pathogen reduction performance standard for 

22 at least 1 pathogen each year from the list published 

23 under subsection (c) until standards have been pro24 posed for all pathogens on the list. 


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

2 year after proposing a pathogen reduction standard 

3 for a pathogen under this subsection, the Secretary 

4 shall promulgate a final pathogen reduction stand5 ard and propose sampling standards and procedures 

6 for the pathogen in regulated products. 

7 ‘‘(g) PERFORMANCE STANDARDS.—The performance 

8 standards established under this section shall include— 

9 ‘‘(1) health-based standards that set the level of 

10 a contaminant that can safely and lawfully be 

11 present in food; 

12 ‘‘(2) zero tolerances, including zero tolerances 

13 for fecal matter, in addition to any zero-tolerance 

14 standards in effect on the day before the date of en15 actment of this section, when necessary to protect 

16 against significant adverse health outcomes; 

17 ‘‘(3) process standards, such as log reduction 

18 criteria for cooked products, when sufficient to en19 sure the safety of processed food; or 

20 ‘‘(4) in the absence of data to support a per21 formance standard described in paragraph (1), (2), 

22 or (3), standards that define required performance 

23 in terms of best reasonably achievable performance, 

24 using best available technologies, interventions, and 

25 practices. 


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1 ‘‘(h) REVIEW OF STANDARDS.— 

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

3 after promulgation of a final pathogen reduction 

4 performance standard for a pathogen under sub5 section (f)(5), the Secretary shall review each stand6 ard to determine whether the standard continues to 

7 ensure the lowest level or incidence of contamination 

8 that is reasonably achievable using the best available 

9 processing technology and practices, taking into ac10 count the most recent survey conducted under sub11 section (d). 

12 ‘‘(2) PUBLIC HEALTH GOALS.—The goals de13 scribed in subsection (e) shall be— 

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

15 survey conducted under subsection (d) to evalu16 ate the pathogen performance standards set by 

17 the Secretary; and 

18 ‘‘(B) considered when the Secretary re19 views and revises the final pathogen reduction 

20 performance standards in accordance with sub21 section (f). 

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

23 the standards, as necessary, to comply with sub24 section (f). 

25 ‘‘(i) ENFORCEMENT.— 


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1 ‘‘(1) SAMPLING PROGRAM.— 

2 ‘‘(A) IN GENERAL.—Not later than 1 year 

3 after the promulgation of a performance stand4 ard under this section, the Secretary shall im5 plement a sampling program to determine 

6 whether food establishments are complying with 

7 the performance standards promulgated under 

8 this section. 

9 ‘‘(B) REQUIREMENT.—The program estab10 lished under this paragraph shall be at least as 

11 stringent as the Hazard Analysis and Critical 

12 Control Point System requirements established 

13 under part 417 of title 9, Code of Federal Reg14 ulations (or successor regulation). 

15 ‘‘(2) INSPECTIONS.—If the Secretary deter16 mines that a food establishment fails to meet a 

17 standard promulgated under this section, and the 

18 food establishment fails to take appropriate correc19 tive action as determined by the Secretary, the Sec20 retary shall, as appropriate— 

21 ‘‘(A) order a recall of food from the food 

22 establishment under section 269; 

23 ‘‘(B) require enhanced inspection of the 

24 food establishment; 


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1 ‘‘(C) withdraw the mark of inspection from 

2 the food establishment; or 

3 ‘‘(D) take other appropriate enforcement 

4 action concerning the food establishment, in5 cluding revocation of the grant of inspection. 

6 ‘‘(j) NEWLY IDENTIFIED CONTAMINANTS.—Notwith7 standing any other provision of this section, the Secretary 

8 shall promulgate interim performance standards for newly 

9 identified contaminants as necessary to prevent disease 

10 outbreaks or other hazards to the public health. 

11 ‘‘(k) ENFORCEMENT OF CERTAIN REGULATIONS.— 

12 The Secretary shall ensure that, as compared to regula13 tions under part 54 of title 7, Code of Federal Regula14 tions, that are in effect as of the date of enactment of 

15 this section, regulations promulgated under this part re16 lating to— 

17 ‘‘(1) carcass inspection and safety are at least 

18 as stringent; 

19 ‘‘(2) the frequency of inspection services are at 

20 least as frequent; and 

21 ‘‘(3) staffing levels are at least as high. 

22 ‘‘SEC. 265. PATHOGEN REDUCTION AND TESTING. 

23 ‘‘(a) IN GENERAL.—Not later than 180 days after 

24 the date of enactment of this section or the subsequent 

25 adoption of performance standards under section 264, the 


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1 Secretary shall require that food establishments described 

2 in subsection (b) sample for the presence of identified 

3 pathogens at any points in production or processing that 

4 are identified by the Secretary. 

5 ‘‘(b) APPLICATION.—This section applies to— 

6 ‘‘(1)(A) all slaughterhouses or processing estab7 lishments that produce more than 25,000 pounds of 

8 trim per day; or 

9 ‘‘(B) grinding facilities that grind more than 

10 25,000 pounds of trim or bench trim per day; and 

11 ‘‘(2) effective beginning on the date that is 3 

12 years after the date of enactment of this section— 

13 ‘‘(A) to all food establishments that 

14 produce or grind trim or bench trim; and 

15 ‘‘(B) such other food establishments as are 

16 designated by the Secretary. 

17 ‘‘(c) ADMINISTRATION.—To carry out this section, 

18 the Secretary shall— 

19 ‘‘(1) establish sampling standards and proce20 dures; 

21 ‘‘(2) define appropriate sampling plans for food 

22 establishments through guidance documents; 

23 ‘‘(3) promulgate regulations that require that 

24 the food establishment takes corrective action when 


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1 violative products are found through testing and es2 tablishes measures to prevent reoccurrence; and 

3 ‘‘(4) upon inspection, review the definition of 

4 lot sizes established by food establishments to ensure 

5 that— 

6 ‘‘(A) there is a rational justification for the 

7 lot size; and 

8 ‘‘(B) no lot is more than 2,000 pounds. 

9 ‘‘(d) TESTING.—Food establishments undertaking 

10 testing under this section shall use— 

11 ‘‘(1) sampling standards and procedures deter12 mined by the Secretary under section 264(f)(5); and 

13 ‘‘(2) a laboratory accredited under section 266. 

14 ‘‘SEC. 266. LABORATORY ACCREDITATION. 

15 ‘‘(a) RECOGNITION OF LABORATORY ACCREDITA16 TION.— 

17 ‘‘(1) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of this section, the Sec19 retary shall— 

20 ‘‘(A) establish a program for the testing of 

21 meat and meat food products by accredited lab22 oratories; 

23 ‘‘(B) establish and maintain on the Inter24 net website of the Department an up-to-date 

25 and publicly available registry of accreditation 


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1 bodies recognized by the Secretary and labora2 tories accredited by a recognized accreditation 

3 body, including the name of, contact informa4 tion for, and other information considered ap5 propriate by the Secretary about the accredita6 tion bodies and laboratories; and 

7 ‘‘(C) require, as a condition of recognition 

8 or accreditation, as appropriate, that recognized 

9 accreditation bodies and accredited laboratories 

10 report to the Secretary any changes that would 

11 affect the recognition of the accreditation body 

12 or the accreditation of the laboratory. 

13 ‘‘(2) PROGRAM REQUIREMENTS.—The program 

14 established under paragraph (1)(A) shall provide for 

15 the recognition of laboratory accreditation bodies 

16 that meet criteria established by the Secretary for 

17 accreditation of laboratories, including independent 

18 private laboratories and laboratories run and oper19 ated by a Federal agency (including the Department 

20 of Commerce), State, or locality with a demonstrated 

21 capability to conduct 1 or more sampling and analyt22 ical testing methodologies for meat and meat food 

23 products. 

24 ‘‘(3) INCREASING THE NUMBER OF QUALIFIED

25 LABORATORIES.—The Secretary shall work with the 


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1 laboratory accreditation bodies recognized under 

2 paragraph (1), as appropriate, to increase the num3 ber of qualified laboratories that are eligible to per4 form testing under this subsection beyond the num5 ber so qualified on the date of enactment of this sec6 tion. 

7 ‘‘(4) LIMITED DISTRIBUTION.—In the interest 

8 of national security, the Secretary, in coordination 

9 with the Secretary of Homeland Security, may deter10 mine the time, manner, and form in which the reg11 istry established under paragraph (1)(B) is made 

12 publicly available. 

13 ‘‘(5) FOREIGN LABORATORIES.—Accreditation 

14 bodies recognized by the Secretary under paragraph 

15 (1) may accredit laboratories that operate outside 

16 the United States, so long as the laboratories meet 

17 the accreditation standards applicable to domestic 

18 laboratories accredited under this subsection. 

19 ‘‘(6) MODEL LABORATORY STANDARDS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 develop model standards that a laboratory shall 

22 meet to be accredited by a recognized accredita23 tion body for a specified sampling or analytical 

24 testing methodology and included in the reg25 istry provided for under paragraph (1). 


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1 ‘‘(B) REQUIREMENTS.—In developing the 

2 model standards, the Secretary shall— 

3 ‘‘(i) consult existing standards for 

4 guidance; and 

5 ‘‘(ii) include— 

6 ‘‘(I) methods to ensure that— 

7 ‘‘(aa) appropriate sampling, 

8 analytical procedures (including 

9 rapid analytical procedures), and 

10 commercially available techniques 

11 are followed and reports of anal12 yses are certified as true and ac13 curate; 

14 ‘‘(bb) internal quality sys15 tems are established and main16 tained; 

17 ‘‘(cc) procedures exist to 

18 evaluate and respond promptly to 

19 complaints regarding analyses 

20 and other activities for which the 

21 laboratory is accredited; and 

22 ‘‘(dd) individuals who con23 duct the sampling and analyses 

24 are qualified by training and ex25 perience to do so; and 


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1 ‘‘(II) any other criteria deter2 mined appropriate by the Secretary. 

3 ‘‘(7) REVIEW OF RECOGNITION.—To ensure 

4 compliance with the requirements of this subsection, 

5 the Secretary— 

6 ‘‘(A) shall periodically, and in no case less 

7 frequently than once every 5 years, reevaluate 

8 accreditation bodies recognized under para9 graph (1) and may accompany auditors from an 

10 accreditation body to assess whether the accred11 itation body meets the criteria for recognition; 

12 and 

13 ‘‘(B) shall promptly revoke the recognition 

14 of any accreditation body found not to be in 

15 compliance with the requirements of this sub16 section, specifying, as appropriate, any terms 

17 and conditions necessary for laboratories ac18 credited by the accreditation body to continue 

19 to perform testing as described in this sub20 section. 

21 ‘‘(b) TESTING PROCEDURES.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 months 

23 after the date of enactment of this section, food test24 ing shall be conducted by Federal laboratories or 

25 non-Federal laboratories that have been accredited 


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1 for the appropriate sampling or analytical testing 

2 methodology or methodologies by a recognized ac3 creditation body on the registry established by the 

4 Secretary under subsection (a)(1)(B)— 

5 ‘‘(A) in response to a specific testing re6 quirement under this Act (including imple7 menting regulations), when applied to address 

8 an identified or suspected meat or meat food 

9 product safety problem; and 

10 ‘‘(B) as required by the Secretary, as the 

11 Secretary considers appropriate, to address an 

12 identified or suspected food safety problem. 

13 ‘‘(2) RESULTS OF TESTING.— 

14 ‘‘(A) IN GENERAL.—The results of any 

15 testing under this section shall be sent directly 

16 to the applicable food establishment and the 

17 Secretary, unless the Secretary by regulation 

18 exempts test results from the submission re19 quirement if the Secretary determines that the 

20 results do not contribute to the protection of 

21 public health. 

22 ‘‘(B) ELECTRONIC SUBMISSION.—Test re23 sults required to be submitted may be sub24 mitted to the Secretary through electronic 

25 means. 


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1 ‘‘(3) EXCEPTION.—The Secretary may waive 

2 requirements under this subsection if— 

3 ‘‘(A) a new methodology has been devel4 oped and validated but a laboratory has not yet 

5 been accredited to perform the methodology; 

6 and 

7 ‘‘(B) the use of the methodology is nec8 essary to prevent, control, or mitigate a food 

9 emergency or foodborne illness outbreak. 

10 ‘‘(c) REVIEW BY SECRETARY.—If food sampling and 

11 testing performed by a laboratory run and operated by a 

12 State or locality that is accredited by a recognized accredi13 tation body on the registry established by the Secretary 

14 under subsection (a) result in a State recalling a food, the 

15 Secretary shall review the sampling and testing results for 

16 the purpose of determining the need for a national recall 

17 or other compliance and enforcement activities. 

18 ‘‘(d) NO LIMIT ON SECRETARIAL AUTHORITY.— 

19 Nothing in this section limits the ability of the Secretary 

20 to review and act on information from food testing, includ21 ing determining the sufficiency of the information and 

22 testing. 

23 ‘‘SEC. 267. TRACEBACK. 

24 ‘‘(a) IN GENERAL.—The Secretary, in order to pro25 tect the public health, shall establish requirements for a 


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1 national system for tracing food and food-producing ani2 mals from point of slaughter to retail sale, subject to sub3 section (b). 

4 ‘‘(b) APPLICABILITY.—Traceability requirements 

5 shall— 

6 ‘‘(1) be established in accordance with regula7 tions and guidelines issued by the Secretary; and 

8 ‘‘(2) apply to food establishments. 

9 ‘‘(c) TRACEABILITY.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall imple11 ment tracing protocols using methods and tech12 nologies to enable the Food Safety and Inspection 

13 Service to rapidly trace adulterated food to— 

14 ‘‘(A) the source of the contamination to 

15 determine the original site source of the adul16 teration or contamination; and 

17 ‘‘(B) destinations to which the food has 

18 been shipped. 

19 ‘‘(2) REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—Tracing protocols 

21 under this subsection shall include the collection 

22 of documentary and other relevant material to 

23 enable rapid tracing, including— 

24 ‘‘(i) food establishment identification 

25 data; 


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1 ‘‘(ii) a description of the food; 

2 ‘‘(iii) shipping marks; 

3 ‘‘(iv) bar coding; and 

4 ‘‘(v) disclosure of sole-source or mul5 tiple-source origin. 

6 ‘‘(B) TIMING.—The collection of documen7 tary and other relevant material to enable rapid 

8 tracing under subparagraph (A) shall occur at 

9 the time that transfer of the relevant food is 

10 completed. 

11 ‘‘(C) CERTIFICATION.—The onsite inspec12 tor and a responsible food establishment rep13 resentative shall certify that the documentary 

14 and other tracing material collected under sub15 paragraph (A) are complete and accurate. 

16 ‘‘(3) TRACING OF ADULTERATED AND CON17 TAMINATED FOOD.—If a food sample tests positive 

18 or is indicated to test positive for a contaminant, the 

19 Secretary shall immediately conduct a trace— 

20 ‘‘(A) to identify all sites of contamination, 

21 including preparation, packaging, and slaugh22 tering establishments; 

23 ‘‘(B) to identify the original source of con24 tamination; and 


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1 ‘‘(C) to identify any recipient of the food, 

2 other than the consumer, or food that may have 

3 been similarly affected. 

4 ‘‘(d) RELATIONSHIP TO COUNTRY OF ORIGIN LABEL5 ING.—Nothing in this section prevents or interferes with 

6 implementation of the country of origin labeling require7 ments of subtitle D of the Agricultural Marketing Act of 

8 1946 (7 U.S.C. 1638 et seq.). 

9 ‘‘SEC. 268. IMPORTS. 

10 ‘‘As soon as practicable after the date of enactment 

11 of this section, the Secretary shall promulgate regulations 

12 under which the Secretary may remove a country from the 

13 appropriate list maintained by the Secretary of countries 

14 allowed to import 1 or more foods into the United States 

15 if— 

16 ‘‘(1) the country refuses to allow the Secretary 

17 to conduct such onsite audits as the Secretary deter18 mines to be necessary to verify the safety of the food 

19 to be imported; or 

20 ‘‘(2) imports of food from the country have 

21 been suspended more than once during a 5-year pe22 riod for major food safety infractions. 

23 ‘‘SEC. 269. NOTIFICATION AND RECALL. 

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


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1 ‘‘(1) CLASS I RECALL.—The term ‘Class I re2 call’ means a food recall classification defined by the 

3 Secretary that covers a health-hazard situation in 

4 which there is a reasonable probability that the use 

5 of the food or food product being recalled will cause 

6 a serious, adverse health consequence, or death. 

7 ‘‘(2) RETAIL ESTABLISHMENT.—The term ‘re8 tail establishment’ means a grocery store or other 

9 retail establishment that sells food and food prod10 ucts directly to consumers. 

11 ‘‘(3) SUMMARY NOTICE.—The term ‘summary 

12 notice’ means the 1-page summary notice described 

13 in subsection (d). 

14 ‘‘(b) NOTICE TO SECRETARY OF VIOLATION.— 

15 ‘‘(1) IN GENERAL.—A person that has reason 

16 to believe that any food introduced into or in inter17 state commerce, or held for sale (whether or not the 

18 first sale) after shipment in interstate commerce, 

19 may be in violation of the food safety law shall im20 mediately notify the Secretary of the identity and lo21 cation of the food. 

22 ‘‘(2) MANNER OF NOTIFICATION.—Notification 

23 under paragraph (1) shall be made in such manner 

24 and by such means as the Secretary may require by 

25 regulation. 


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1 ‘‘(c) RECALL AND CONSUMER NOTIFICATION.— 

2 ‘‘(1) VOLUNTARY ACTIONS.—If the Secretary 

3 determines that food is in violation of the food safe4 ty law when introduced into or while in interstate 

5 commerce or while held for sale (whether or not the 

6 first sale) after shipment in interstate commerce or 

7 that there is a reasonable probability that the food, 

8 if consumed, would present a threat to public health, 

9 as determined by the Secretary, the Secretary shall 

10 give the appropriate persons (including the manufac11 turers, importers, distributors, or retailers of the 

12 food) an opportunity— 

13 ‘‘(A) to cease distribution of the food; 

14 ‘‘(B) to notify all persons— 

15 ‘‘(i) processing, distributing, or other16 wise handling the food to immediately 

17 cease such activities with respect to the 

18 food; or 

19 ‘‘(ii) to which the food has been dis20 tributed, transported, or sold, to imme21 diately cease distribution of the food; 

22 ‘‘(C) to recall the food; 

23 ‘‘(D) in conjunction with the Secretary, to 

24 provide notice of the finding of the Secretary— 


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1 ‘‘(i) to consumers to whom the food 

2 was, or may have been, distributed; and 

3 ‘‘(ii) to State and local public health 

4 officials; or 

5 ‘‘(E) to take any combination of the meas6 ures described in this paragraph, as determined 

7 by the Secretary to be appropriate in the cir8 cumstances. 

9 ‘‘(2) MANDATORY ACTIONS.—If a person re10 ferred to in paragraph (1) refuses to or does not 

11 adequately carry out the actions described in that 

12 paragraph within the time period and in the manner 

13 prescribed by the Secretary, the Secretary shall— 

14 ‘‘(A) have authority to control and possess 

15 the food or recall the food, including ordering 

16 the shipment of the food from the food estab17 lishment to the Secretary— 

18 ‘‘(i) at the expense of the food estab19 lishment; or 

20 ‘‘(ii) in an emergency (as determined 

21 by the Secretary), at the expense of the 

22 Secretary; and 

23 ‘‘(B) by order, require, as the Secretary 

24 determines to be necessary, the person to imme25 diately— 


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1 ‘‘(i) cease distribution of the food; 

2 ‘‘(ii) notify all persons— 

3 ‘‘(I) processing, distributing, or 

4 otherwise handling the food to imme5 diately cease such activities with re6 spect to the food; or 

7 ‘‘(II) if the food has been distrib8 uted, transported, or sold, to imme9 diately cease distribution of the food; 

10 and 

11 ‘‘(iii) recall contaminated food. 

12 ‘‘(3) NOTIFICATION TO CONSUMERS BY SEC13 RETARY.—In accordance with subsection (d), the 

14 Secretary shall, as the Secretary determines to be 

15 necessary, provide notice of the finding of the Sec16 retary under paragraph (1)— 

17 ‘‘(A) to consumers to whom the food was, 

18 or may have been, distributed; 

19 ‘‘(B) to State and local public health offi20 cials; and 

21 ‘‘(C) to such other persons as the Sec22 retary determines appropriate. 

23 ‘‘(4) NONDISTRIBUTION BY NOTIFIED PER24 SONS.—A person that processes, distributes, or oth25 erwise handles the food, or to which the food has 


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1 been distributed, transported, or sold, and that is 

2 notified under paragraph (1)(B) or (2)(B) shall im3 mediately cease distribution of the food. 

4 ‘‘(5) AVAILABILITY OF RECORDS TO SEC5 RETARY.—Each person referred to in paragraph (1) 

6 that processed, distributed, or otherwise handled 

7 food shall make available to the Secretary informa8 tion necessary to carry out this subsection, as deter9 mined by the Secretary, regarding— 

10 ‘‘(A) persons that processed, distributed, 

11 or otherwise handled the food; and 

12 ‘‘(B) persons to which the food has been 

13 transported, sold, distributed, or otherwise han14 dled. 

15 ‘‘(d) CONSUMER RECALL NOTIFICATION.— 

16 ‘‘(1) DISTRIBUTION OF INFORMATION.—In the 

17 case of any Class I recall, the Secretary shall, to the 

18 maximum extent practicable, distribute to each retail 

19 establishment in the United States a 1-page sum20 mary notice containing product information of each 

21 food or food product subject to the Class I recall. 

22 ‘‘(2) DISTRIBUTION OF INFORMATION.—The 

23 Secretary shall require each retail establishment that 

24 receives a summary notice— 


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1 ‘‘(A) to post a copy of the summary notice 

2 at each cash register of the retail establishment; 

3 ‘‘(B) to post a copy of the summary notice 

4 on the shelving unit on which the food or food 

5 product was sold; or 

6 ‘‘(C) in the case of a retail establishment 

7 that uses a customer card system to track cus8 tomer purchases or demographics— 

9 ‘‘(i) to place a call to each customer 

10 that purchased a recalled food or food 

11 product to inform the customer of the 

12 Class I recall; or 

13 ‘‘(ii) to make available to each cus14 tomer that purchased a recalled food or 

15 food product with a targeted coupon with 

16 information about the recalled food or food 

17 product. 

18 ‘‘(3) ASSISTANCE.—In cooperation with and, 

19 when necessary, with direct assistance from the Di20 rector of the Centers for Disease Control and Pre21 vention and the Centers of Excellence of the Food 

22 and Drug Administration, the Secretary shall pro23 vide assistance to regional, State, and local agencies 

24 to assist in carrying out this section through activi25 ties such as providing resources, including timely inVerDate Mar 15 2010 22:53 Sep 09, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

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1 formation concerning symptoms and tests, for front2 line health professionals interviewing individuals as 

3 part of routine surveillance and outbreak investiga4 tions. 

5 ‘‘(4) AVAILABILITY OF LISTS OF RETAIL CON6 SIGNEES DURING FOOD RECALLS.—The Secretary 

7 shall make publicly available the names and loca8 tions of retail establishment consignees of recalled 

9 food or food products that the Secretary compiles in 

10 connection with a recall for which there is a reason11 able probability that the use of the food or food 

12 product could cause serious adverse health con13 sequences or death. 

14 ‘‘(e) INFORMAL HEARINGS ON ORDERS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall provide 

16 any person subject to an order under subsection (c) 

17 with an opportunity for an informal hearing, to be 

18 held as soon as practicable but not later than 2 busi19 ness days after the issuance of the order. 

20 ‘‘(2) SCOPE OF THE HEARING.—In a hearing 

21 under paragraph (1), the Secretary shall consider 

22 the actions required by the order and any reasons 

23 why the food that is the subject of the order should 

24 not be recalled. 

25 ‘‘(f) POST-HEARING RECALL ORDERS.— 


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1 ‘‘(1) AMENDMENT OF ORDER.—If, after pro2 viding an opportunity for an informal hearing under 

3 subsection (e), the Secretary determines that there 

4 is a reasonable probability that the food that is the 

5 subject of an order under subsection (c), if con6 sumed, would present a threat to the public health, 

7 the Secretary, as the Secretary determines to be nec8 essary, may— 

9 ‘‘(A) amend the order to require recall of 

10 the food or other appropriate action; 

11 ‘‘(B) specify a timetable in which the recall 

12 shall occur; 

13 ‘‘(C) require periodic reports to the Sec14 retary describing the progress of the recall; and 

15 ‘‘(D) provide notice of the recall to con16 sumers to whom the food was, or may have 

17 been, distributed. 

18 ‘‘(2) VACATION OF ORDERS.—If, after providing 

19 an opportunity for an informal hearing under sub20 section (e), the Secretary determines that adequate 

21 grounds do not exist to continue the actions required 

22 by the order, the Secretary shall vacate the order. 

23 ‘‘(g) REMEDIES NOT EXCLUSIVE.—The remedies 

24 provided in this section shall be in addition to, and not 

25 exclusive of, other remedies that may be available. 


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1 ‘‘SEC. 270. ENFORCEMENT AND ADMINISTRATION. 

2 ‘‘(a) CIVIL PENALTIES.— 

3 ‘‘(1) CIVIL SANCTIONS.— 

4 ‘‘(A) CIVIL PENALTY.— 

5 ‘‘(i) IN GENERAL.—Any person that 

6 commits an act that violates the food safe7 ty law (including a regulation promulgated 

8 or order issued under a Federal food safety 

9 law) may be assessed a civil penalty by the 

10 Secretary of not more than $10,000 for 

11 each such act. 

12 ‘‘(ii) SEPARATE OFFENSE.—Each act 

13 described in clause (i) and each day during 

14 which that act continues shall be consid15 ered a separate offense. 

16 ‘‘(B) OTHER REQUIREMENTS.— 

17 ‘‘(i) WRITTEN ORDER.—The civil pen18 alty described in subparagraph (A) shall be 

19 assessed by the Secretary by a written 

20 order, which shall specify the amount of 

21 the penalty and the basis for the penalty 

22 under clause (ii) considered by the Sec23 retary. 

24 ‘‘(ii) AMOUNT OF PENALTY.—Subject 

25 to subparagraph (A)(i), the amount of the 


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1 civil penalty shall be determined by the 

2 Secretary, after considering— 

3 ‘‘(I) the gravity of the violation; 

4 ‘‘(II) the degree of culpability of 

5 the person; 

6 ‘‘(III) the size and type of the 

7 business of the person; and 

8 ‘‘(IV) any history of prior of9 fenses by the person under the food 

10 safety law. 

11 ‘‘(iii) REVIEW OF ORDER.—The order 

12 may be reviewed only in accordance with 

13 paragraph (2). 

14 ‘‘(2) JUDICIAL REVIEW.— 

15 ‘‘(A) IN GENERAL.—An order assessing a 

16 civil penalty under paragraph (1) shall be a 

17 final order unless the person— 

18 ‘‘(i) not later than 30 days after the 

19 effective date of the order, files a petition 

20 for judicial review of the order in the 

21 United States court of appeals for the cir22 cuit in which that person resides or has its 

23 principal place of business or the United 

24 States Court of Appeals for the District of 

25 Columbia; and 


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1 ‘‘(ii) simultaneously serves a copy of 

2 the petition by certified mail to the Sec3 retary. 

4 ‘‘(B) FILING OF RECORD.—Not later than 

5 45 days after the service of a copy of the peti6 tion under subparagraph (A)(ii), the Secretary 

7 shall file in the court a certified copy of the ad8 ministrative record upon which the order was 

9 issued. 

10 ‘‘(C) STANDARD OF REVIEW.—The find11 ings of the Secretary relating to the order shall 

12 be set aside only if found to be unsupported by 

13 substantial evidence on the record as a whole. 

14 ‘‘(3) COLLECTION ACTIONS FOR FAILURE TO

15 PAY.— 

16 ‘‘(A) IN GENERAL.—If any person fails to 

17 pay a civil penalty assessed under paragraph 

18 (1) after the order assessing the penalty has be19 come a final order, or after the court of appeals 

20 described in paragraph (2) has entered final 

21 judgment in favor of the Secretary, the Sec22 retary shall refer the matter to the Attorney 

23 General, who shall institute in a United States 

24 district court of competent jurisdiction a civil 

25 action to recover the amount assessed. 


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1 ‘‘(B) LIMITATION ON REVIEW.—In a civil 

2 action under subparagraph (A), the validity and 

3 appropriateness of the order of the Secretary 

4 assessing the civil penalty shall not be subject 

5 to judicial review. 

6 ‘‘(4) PENALTIES PAID INTO ACCOUNT.—The 

7 Secretary— 

8 ‘‘(A) shall deposit penalties collected under 

9 this section in an account in the Treasury; and 

10 ‘‘(B) may use the funds in the account, 

11 without further appropriation or fiscal year lim12 itation— 

13 ‘‘(i) to carry out enforcement activi14 ties under food safety law; or 

15 ‘‘(ii) to provide assistance to States to 

16 inspect retail commercial food establish17 ments or other food or firms under the ju18 risdiction of State food safety programs. 

19 ‘‘(5) DISCRETION OF THE SECRETARY TO PROS20 ECUTE.—Nothing in this part requires the Secretary 

21 to report for prosecution, or for the commencement 

22 of an action, the violation of the food safety law in 

23 a case in which the Secretary finds that the public 

24 interest will be adequately served by the assessment 

25 of a civil penalty under this section. 


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1 ‘‘(6) REMEDIES NOT EXCLUSIVE.—The rem2 edies provided in this subsection are in addition to, 

3 and not exclusive of, other remedies that may be 

4 available under this or any other Act. 

5 ‘‘(b) PRESUMPTION.—In any action to enforce the re6 quirements of the food safety law, the connection with 

7 interstate commerce required for jurisdiction shall be pre8 sumed to exist. 

9 ‘‘(c) WHISTLEBLOWER PROTECTION.— 

10 ‘‘(1) IN GENERAL.—No Federal employee, em11 ployee of a Federal contractor or subcontractor, or 

12 any individual employed by a company or other enti13 ty (referred to in this subsection as a ‘covered indi14 vidual’), may be discharged, demoted, suspended, 

15 threatened, harassed, or in any other manner dis16 criminated against, because of any lawful act done 

17 by the covered individual— 

18 ‘‘(A) to provide information, cause infor19 mation to be provided, or otherwise assist in an 

20 investigation regarding any conduct that the 

21 covered individual reasonably believes con22 stitutes a violation of any law, rule, or regula23 tion, or that the covered individual reasonably 

24 believes constitutes a threat to the public 


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1 health, if the information or assistance is pro2 vided to, or the investigation is conducted by— 

3 ‘‘(i) a Federal regulatory or law en4 forcement agency; 

5 ‘‘(ii) a Member or committee of Con6 gress; or 

7 ‘‘(iii) a person with supervisory au8 thority over the covered individual (or such 

9 other individual who has the authority to 

10 investigate, discover, or terminate mis11 conduct); 

12 ‘‘(B) to file, cause to be filed, testify, par13 ticipate in, or otherwise assist in a proceeding 

14 or action filed or about to be filed relating to 

15 a violation of any law, rule, or regulation; or 

16 ‘‘(C) to refuse to violate or assist in the 

17 violation of any law, rule, or regulation. 

18 ‘‘(2) ENFORCEMENT ACTION.— 

19 ‘‘(A) COMPLAINT.— 

20 ‘‘(i) IN GENERAL.—A covered indi21 vidual who alleges discharge or other dis22 crimination by any person in violation of 

23 paragraph (1) may seek relief under para24 graph (3) by filing a complaint with the 

25 Secretary of Labor. 


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1 ‘‘(ii) LEGAL ACTION.—If the Sec2 retary of Labor has not issued a final deci3 sion by the date that is 180 days after the 

4 date on which the complaint is filed and 

5 there is no showing that such delay is due 

6 to the bad faith of the claimant, the claim7 ant may bring an action at law or equity 

8 for de novo review in the appropriate dis9 trict court of the United States, which 

10 shall have jurisdiction over such an action 

11 without regard to the amount in con12 troversy. 

13 ‘‘(B) PROCEDURE.— 

14 ‘‘(i) IN GENERAL.—An action under 

15 subparagraph (A) shall be governed under 

16 the rules and procedures established in sec17 tion 42121(b) of title 49, United States 

18 Code. 

19 ‘‘(ii) EXCEPTION.—Notification under 

20 section 42121(b)(1) of title 49, United 

21 States Code, shall be made to the person 

22 named in the complaint and to the em23 ployer of the person. 

24 ‘‘(iii) BURDENS OF PROOF.—An ac25 tion brought under subparagraph (A) shall 


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1 be governed by the burdens of proof that 

2 apply under section 42121(b) of title 49, 

3 United States Code. 

4 ‘‘(iv) STATUTE OF LIMITATIONS.—An 

5 action under subparagraph (A) shall be 

6 commenced not later than 90 days after 

7 the date on which the violation occurs. 

8 ‘‘(3) REMEDIES.— 

9 ‘‘(A) IN GENERAL.—A covered individual 

10 prevailing in any action under paragraph (2)(A) 

11 shall be entitled to all relief necessary to make 

12 the covered individual whole. 

13 ‘‘(B) COMPENSATORY DAMAGES.—Relief 

14 for any action described in subparagraph (A) 

15 shall include (as applicable)— 

16 ‘‘(i) reinstatement with the same se17 niority status that the covered individual 

18 would have had, but for the discrimination; 

19 ‘‘(ii) the amount of any back pay, 

20 with interest; and 

21 ‘‘(iii) compensation for any special 

22 damages sustained as a result of the dis23 crimination, including litigation costs, ex24 pert witness fees, and reasonable attor25 ney’s fees. 


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1 ‘‘(4) RIGHTS RETAINED BY THE COVERED INDI2 VIDUAL.—Nothing in this subsection diminishes the 

3 rights, privileges, or remedies of any covered indi4 vidual under any Federal or State law, or under any 

5 collective bargaining agreement. 

6 ‘‘(d) ADMINISTRATION AND ENFORCEMENT.— 

7 ‘‘(1) IN GENERAL.—For the efficient adminis8 tration and enforcement of the food safety law, the 

9 provisions (including provisions relating to penalties) 

10 of sections 6, 8, 9, and 10 of the Federal Trade 

11 Commission Act (15 U.S.C. 46, 48, 49, and 50) (ex12 cept subsections (c) through (h) of section 6 of that 

13 Act), relating to the jurisdiction, powers, and duties 

14 of the Federal Trade Commission and the Attorney 

15 General to administer and enforce that Act, and to 

16 the rights and duties of persons with respect to 

17 whom the powers are exercised, shall apply to the ju18 risdiction, powers, and duties of the Secretary and 

19 the Attorney General in administering and enforcing 

20 the provisions of the food safety law and to the 

21 rights and duties of persons with respect to whom 

22 the powers are exercised, respectively. 

23 ‘‘(2) INQUIRIES AND ACTIONS.— 

24 ‘‘(A) IN GENERAL.—The Secretary, in per25 son or by such agents as the Secretary may 


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1 designate, may prosecute any inquiry necessary 

2 to carry out the duties of the Secretary under 

3 the food safety law in any part of the United 

4 States. 

5 ‘‘(B) POWERS.—The powers conferred by 

6 sections 9 and 10 of the Federal Trade Com7 mission Act (15 U.S.C. 49 and 50) on the 

8 United States district courts may be exercised 

9 for the purposes of this part by any United 

10 States district court of competent jurisdiction. 

11 ‘‘(e) CITIZEN CIVIL ACTIONS.— 

12 ‘‘(1) CIVIL ACTIONS.—A person may commence 

13 a civil action against— 

14 ‘‘(A) a person that violates a regulation 

15 (including a regulation establishing a perform16 ance standard), order, or other action of the 

17 Secretary to ensure the safety of food; or 

18 ‘‘(B) the Secretary (in his or her capacity 

19 as the Secretary), if the Secretary fails to per20 form an act or duty to ensure the safety of food 

21 that is not discretionary under the food safety 

22 law. 

23 ‘‘(2) COURT.— 

24 ‘‘(A) IN GENERAL.—The action shall be 

25 commenced in the United States district court 


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1 for the district in which the defendant resides, 

2 is found, or has an agent. 

3 ‘‘(B) JURISDICTION.—The court shall have 

4 jurisdiction, without regard to the amount in 

5 controversy, or the citizenship of the parties, to 

6 enforce a regulation (including a regulation es7 tablishing a performance standard), order, or 

8 other action of the Secretary, or to order the 

9 Secretary to perform the act or duty. 

10 ‘‘(C) DAMAGES.—The court may— 

11 ‘‘(i) award damages, in the amount of 

12 damages actually sustained; and 

13 ‘‘(ii) if the court determines it to be in 

14 the interest of justice, award the plaintiff 

15 the costs of suit, including reasonable at16 torney’s fees, reasonable expert witness 

17 fees, and penalties. 

18 ‘‘(3) REMEDIES NOT EXCLUSIVE.—The rem19 edies provided for in this subsection shall be in addi20 tion to, and not exclusive of, other remedies that 

21 may be available. 

22 ‘‘(f) WITHHOLDING OF INSPECTION.—In any case in 

23 which a food establishment subject to inspection by the 

24 Secretary under the food safety law is required by law to 

25 pay a criminal or civil penalty under this section or any 


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1 other provision of the food safety law, the Secretary shall 

2 withhold inspection of the food establishment under the 

3 applicable food safety law until the date on which the food 

4 establishment pays the penalty in full.’’. 

5 (b) CONFORMING AMENDMENT.—Section 296(b) of 

6 the Department of Agriculture Reorganization Act of 

7 1994 (7 U.S.C. 7014(b)) is amended— 

8 (1) in paragraph (6)(C), by striking ‘‘or’’ at the 

9 end; 

10 (2) in paragraph (7), by striking the period at 

11 the end and inserting ‘‘; or’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(8) the authority of the Secretary to carry out 

14 food safety activities under part II of subtitle G.’’. 

15 TITLE III—RESEARCH AND 

16 EDUCATION 

17 SEC. 211. DEFINITION OF SECRETARY. 

18 In this title, the term ‘‘Secretary’’ means the Sec19 retary of Agriculture, acting through the Under Secretary 

20 of the Food Safety and Inspection Service. 

21 SEC. 212. FOODBORNE ILLNESS SURVEILLANCE SYSTEMS. 

22 (a) DEFINITION OF FOODBORNE ILLNESS OUT23 BREAK.—In this section, the term ‘‘foodborne illness out24 break’’ means the occurrence of 2 or more cases of a simi25 lar illness resulting from the ingestion of a certain food. 


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1 (b) FOODBORNE ILLNESS SURVEILLANCE SYS2 TEMS.—The Secretary, in collaboration with the Director 

3 of the Centers for Disease Control and Prevention and the 

4 Commissioner of Food and Drugs, shall enhance 

5 foodborne illness surveillance systems to improve the col6 lection, analysis, reporting, and usefulness of data on 

7 foodborne illnesses by— 

8 (1) coordinating Federal, State, and local 

9 foodborne illness surveillance systems, including 

10 complaint systems, and increasing participation in 

11 national networks of public health and food regu12 latory agencies and laboratories; 

13 (2) facilitating sharing of surveillance informa14 tion on a more timely basis among governmental 

15 agencies, including the Centers for Disease Control 

16 and Prevention, the Food and Drug Administration, 

17 the Department of Agriculture, the Department of 

18 Homeland Security, and State and local agencies, 

19 and with the public; 

20 (3) developing improved epidemiological tools 

21 for obtaining quality exposure data and micro22 biological methods for classifying cases; 

23 (4) augmenting the systems to improve attribu24 tion of a foodborne illness outbreak to a specific 

25 food; 


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1 (5) expanding capacity of the systems (includ2 ing working toward automatic electronic searches) 

3 for implementation of identification practices (in4 cluding fingerprinting strategies) for foodborne in5 fectious agents, in order to identify new or rarely 

6 documented causes of foodborne illness and submis7 sion of standardized information to a centralized 

8 database; 

9 (6) allowing timely public access to aggregated, 

10 deidentified surveillance data; 

11 (7) at least annually, publishing current reports 

12 on findings from the systems; 

13 (8) establishing a flexible mechanism for rapidly 

14 initiating scientific research by institutions of higher 

15 education; 

16 (9) integrating foodborne illness surveillance 

17 systems and data with other biosurveillance and 

18 public health situational awareness capabilities at 

19 the Federal, State, and local levels, including by 

20 sharing foodborne illness surveillance data with the 

21 National Biosurveillance Integration Center; and 

22 (10) carrying out such other activities as are 

23 determined appropriate by the Secretary. 


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1 SEC. 213. FSIS RESEARCH DEPARTMENT. 

2 In addition to any other duties assigned by the Sec3 retary, the research department of the Food Safety and 

4 Inspection Service shall— 

5 (1) carry out the research and education activi6 ties described in this Act and part II of subtitle G 

7 of the Department of Agriculture Reorganization 

8 Act of 1994 (7 U.S.C. 6981 et seq.); and 

9 (2) in coordination with the Centers for Disease 

10 Control and Prevention and the Food and Drug Ad11 ministration, develop data relating to the attribution 

12 of illnesses to food-pathogen combinations. 

13 SEC. 214. PUBLIC HEALTH ASSESSMENT SYSTEM. 

14 (a) IN GENERAL.—The Secretary, acting in coordina15 tion with the Director of the Centers for Disease Control 

16 and Prevention and with the Research Education and Eco17 nomics mission area of the Department of Agriculture, 

18 shall— 

19 (1) resolve data-sharing barriers, including 

20 those relating to the application of the Health Insur21 ance Portability and Accountability Act of 1996 

22 (Public Law 104–191; 110 Stat. 1936), to ensure 

23 access to the applicable data systems of the Centers 

24 for Disease Control and Prevention and to the data25 bases made available by a State; 


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1 (2) maintain an active surveillance system of 

2 food, food products, and epidemiological evidence 

3 submitted by States to the Centers for Disease Con4 trol and Prevention based on a representative pro5 portion of the population of the United States; 

6 (3) assess the frequency and sources of human 

7 illness in the United States associated with the con8 sumption of food; 

9 (4) maintain a state-of-the-art DNA matching 

10 system and epidemiological system dedicated to 

11 foodborne illness identification, outbreaks, and con12 tainment; and 

13 (5) have access to the surveillance data created 

14 via monitoring and statistical studies conducted as 

15 part of inspections carried out by or for the Sec16 retary. 

17 (b) PUBLIC HEALTH SAMPLING.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall establish guidelines for a sampling system 

21 under which the Secretary shall take and analyze 

22 samples of food— 

23 (A) to assist the Secretary in carrying out 

24 this title; 


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1 (B) to assess the nature, frequency of oc2 currence, and quantities of contaminants in 

3 food; and 

4 (C) to enforce this title and other food 

5 safety laws. 

6 (2) REQUIREMENTS.—The sampling system de7 scribed in paragraph (1) shall provide— 

8 (A) statistically valid monitoring, including 

9 market-based studies, on the nature, frequency 

10 of occurrence, and quantities of contaminants 

11 in food available to consumers; and 

12 (B) at the request of the Secretary, such 

13 other information, including analysis of moni14 toring and verification samples, as the Sec15 retary determines may be useful and appro16 priate in assessing the occurrence of contami17 nants in food. 

18 (c) ASSESSMENT OF HEALTH HAZARDS.— 

19 (1) IN GENERAL.—Through the surveillance 

20 system referred to in subsection (a) and the sam21 pling system described in subsection (b), the Sec22 retary shall work in collaboration with the Director 

23 of the Centers for Disease Control and Prevention, 

24 the Commissioner of Food and Drugs, and other ap25 propriate Federal, State, local, and tribal agencies— 


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1 (A) to rank food categories under the ju2 risdiction of the Secretary based on the hazard 

3 to human health presented by the food cat4 egory; 

5 (B) to identify appropriate industry and 

6 regulatory approaches to minimize hazards in 

7 the food supply; and 

8 (C) to assess the public health environment 

9 for emerging diseases, including zoonosis, for 

10 their risk of appearance in the United States 

11 food supply. 

12 (2) COMPONENTS OF ANALYSIS.—The analysis 

13 under subsection (b)(1) may include— 

14 (A) a comparison of the safety of commer15 cial processing with the health hazards associ16 ated with food that is harvested for recreational 

17 or subsistence purposes and prepared non18 commercially; 

19 (B) a comparison of the safety of food that 

20 is domestically processed with the health haz21 ards associated with food that is processed out22 side the United States; 

23 (C) a description of contamination origi24 nating from handling practices that occur prior 

25 to or after the sale of food to consumers; and 


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1 (D) use of comparative risk assessments. 

2 SEC. 215. PUBLIC EDUCATION AND ADVISORY SYSTEM. 

3 (a) PUBLIC EDUCATION.— 

4 (1) IN GENERAL.—The Secretary, in collabora5 tion with the Director of the Centers for Disease 

6 Control and Prevention and the Commissioner of 

7 Food and Drugs and in cooperation with private and 

8 public organizations, including the cooperative exten9 sion services and building on the efforts of appro10 priate State and local entities, shall establish a na11 tional public education program on food safety. 

12 (2) REQUIREMENTS.—The program shall pro13 vide— 

14 (A) information to the public regarding 

15 Federal standards and best practices and pro16 motion of public awareness, understanding, and 

17 acceptance of those standards and practices; 

18 (B) information for health professionals— 

19 (i) to improve diagnosis and treatment 

20 of food-related illness; and 

21 (ii) to advise individuals at special 

22 risk for food-related illnesses; and 

23 (C) such other information or advice to 

24 consumers and other persons as the Secretary 


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1 determines will promote the purposes of this 

2 subtitle. 

3 (b) HEALTH ADVISORIES.—The Secretary, in con4 sultation with other Federal departments and agencies as 

5 the Secretary determines necessary, shall work with the 

6 States and other appropriate entities— 

7 (1) to develop and distribute regional and na8 tional advisories concerning food safety; 

9 (2) to develop standardized formats for written 

10 and broadcast advisories; 

11 (3) to incorporate State and local advisories 

12 into the national public education program estab13 lished under subsection (a); and 

14 (4) to present prompt, specific information re15 garding foods found to pose a threat to the public 

16 health. 

17 SEC. 216. RESEARCH. 

18 (a) IN GENERAL.—The Secretary shall conduct re19 search to carry out this title, including studies— 

20 (1) to improve sanitation and food safety prac21 tices in the processing of food; 

22 (2) to develop improved techniques to monitor 

23 and inspect food; 

24 (3) to develop efficient, rapid, and sensitive 

25 methods to detect contaminants in food; 


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1 (4) to determine the sources of contamination 

2 of contaminated food; 

3 (5) to develop food consumption data; 

4 (6) to identify ways that animal production 

5 techniques could improve the safety of the food sup6 ply; 

7 (7) to draw upon research and educational pro8 grams that exist at the State and local level; 

9 (8) to use the DNA matching system and other 

10 processes to identify and control pathogens; 

11 (9) to address common and emerging zoonotic 

12 diseases; 

13 (10) to develop methods to reduce or destroy 

14 harmful pathogens before, during, and after proc15 essing; 

16 (11) to analyze the incidence of antibiotic 

17 resistence as the resistance pertains to the food sup18 ply and develop new methods to reduce the transfer 

19 of antibiotic resistance to humans; 

20 (12) to conduct research to inform risk commu21 nications, including— 

22 (A) conducting studies regarding the 

23 knowledge and behavior of industry, health pro24 fessionals, consumers, and other appropriate 

25 stakeholders towards food safety; and 


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1 (B) developing a protocol that will balance 

2 public welfare needs associated with the food 

3 safety research of the Department of Agri4 culture and the requirements of chapter 35 of 

5 title 44, United States Code (commonly known 

6 as the ‘‘Paperwork Reduction Act’’) to account 

7 for the time-sensitive nature of communicating 

8 with the public about food safety programs; and 

9 (13) to conduct other research that supports 

10 the purposes of this subtitle. 

11 (b) CONTRACT AUTHORITY.—The Secretary may 

12 enter into contracts and agreements with any State, insti13 tution of higher education, Federal Government agency, 

14 or person to carry out this section. 

15 TITLE IV—CRIMINAL PENALTY 

16 AND OTHER PROVISIONS 

17 SEC. 221. CRIMINAL PENALTIES. 

18 (a) POULTRY PRODUCTS INSPECTION ACT.—Section 

19 12 of the Poultry Products Inspection Act (21 U.S.C. 

20 461) is amended by adding at the end the following: 

21 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

22 UNSAFE FOOD.— 

23 ‘‘(1) CRIMINAL SANCTIONS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), a person that knowingly proVerDate Mar 15 2010 22:53 Sep 09, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

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1 duces or introduces into commerce poultry or a 

2 poultry product that is unsafe or otherwise 

3 adulterated or misbranded shall be imprisoned 

4 for not more than 10 years or fined not more 

5 than $25,000, or both. 

6 ‘‘(B) SEVERE VIOLATIONS.—A person that 

7 commits a violation described in subparagraph 

8 (A) after a conviction of that person under this 

9 subsection has become final, or commits such a 

10 violation with the intent to defraud or mislead, 

11 shall be imprisoned for not more than 20 years 

12 or fined not more than $100,000, or both. 

13 ‘‘(2) PENALTIES PAID INTO ACCOUNT.—The 

14 Secretary shall deposit penalties collected under this 

15 subsection in the account described in section 

16 270(a)(4) of the Department of Agriculture Reorga17 nization Act of 1994. 

18 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS19 ECUTE.—Nothing in this subsection requires the 

20 Secretary to report for prosecution, or for the com21 mencement of an action, a violation described in 

22 paragraph (1) in a case in which the Secretary finds 

23 that the public interest will be adequately served by 

24 the assessment of a civil penalty. 


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1 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem2 edies provided in this subsection are in addition to, 

3 and not exclusive of, other remedies that may be 

4 available under this or any other Act.’’. 

5 (b) FEDERAL MEAT INSPECTION ACT.—Section 406 

6 of the Federal Meat Inspection Act (21 U.S.C. 676) is 

7 amended by adding at the end the following: 

8 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

9 UNSAFE FOOD.— 

10 ‘‘(1) CRIMINAL SANCTIONS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a person that knowingly pro13 duces or introduces into commerce meat or a 

14 meat food product that is unsafe or otherwise 

15 adulterated or misbranded shall be imprisoned 

16 for not more than 10 years or fined not more 

17 than $25,000, or both. 

18 ‘‘(B) SEVERE VIOLATIONS.—A person that 

19 commits a violation described in subparagraph 

20 (A) after a conviction of that person under this 

21 subsection has become final, or commits such a 

22 violation with the intent to defraud or mislead, 

23 shall be imprisoned for not more than 20 years 

24 or fined not more than $100,000, or both. 


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1 ‘‘(2) PENALTIES PAID INTO ACCOUNT.—The 

2 Secretary shall deposit penalties collected under this 

3 subsection in the account described in section 

4 270(a)(4) of the Department of Agriculture Reorga5 nization Act of 1994. 

6 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS7 ECUTE.—Nothing in this subsection requires the 

8 Secretary to report for prosecution, or for the com9 mencement of an action, a violation described in 

10 paragraph (1) in a case in which the Secretary finds 

11 that the public interest will be adequately served by 

12 the assessment of a civil penalty. 

13 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem14 edies provided in this subsection are in addition to, 

15 and not exclusive of, other remedies that may be 

16 available under this or any other Act.’’. 

17 (c) EGG PRODUCTS INSPECTION ACT.—Section 12 of 

18 the Egg Products Inspection Act (21 U.S.C. 1041) is 

19 amended by adding at the end the following: 

20 ‘‘(f) KNOWING INTRODUCTION INTO COMMERCE OF

21 UNSAFE FOOD.— 

22 ‘‘(1) CRIMINAL SANCTIONS.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), a person that knowingly pro25 duces or introduces into commerce eggs or egg 


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1 products that are unsafe or otherwise adulter2 ated or misbranded shall be imprisoned for not 

3 more than 10 years or fined not more than 

4 $25,000, or both. 

5 ‘‘(B) SEVERE VIOLATIONS.—A person that 

6 commits a violation described in subparagraph 

7 (A) after a conviction of that person under this 

8 subsection has become final, or commits such a 

9 violation with the intent to defraud or mislead, 

10 shall be imprisoned for not more than 20 years 

11 or fined not more than $100,000, or both. 

12 ‘‘(2) PENALTIES PAID INTO ACCOUNT.—The 

13 Secretary shall deposit penalties collected under this 

14 subsection in the account described in section 

15 270(a)(4) of the Department of Agriculture Reorga16 nization Act of 1994. 

17 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS18 ECUTE.—Nothing in this subsection requires the 

19 Secretary to report for prosecution, or for the com20 mencement of an action, a violation described in 

21 paragraph (1) in a case in which the Secretary finds 

22 that the public interest will be adequately served by 

23 the assessment of a civil penalty. 

24 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem25 edies provided in this subsection are in addition to, 


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1 and not exclusive of, other remedies that may be 

2 available under this or any other Act.’’. 

3 SEC. 222. STUDY ON HACCP-BASED INSPECTION MODELS 

4 PROJECT. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a study of the Hazard Anal7 ysis and Critical Control Point (HACCP)-based Inspection 

8 Models Project (HIMP) for all plants enrolled in the 

9 Project before the Secretary of Agriculture expands the 

10 number of plants that are enrolled in the Project. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of enactment of this Act, the Comptroller General shall 

13 submit to the Committee on Agriculture of the House of 

14 Representatives and the Committee on Agriculture, Nutri15 tion, and Forestry of the Senate a report on the results 

16 of the study conducted under subsection (a), including any 

17 recommendations. 

18 SEC. 223. STUDY ON THE EFFECT OF WORKER SAFETY ON 

19 FOOD SAFETY. 

20 (a) IN GENERAL.—The Secretary of Agriculture, act21 ing through the Administrator of the Food Safety and In22 spection Service and in cooperation with the Director of 

23 the National Institute for Occupational Safety and Health, 

24 shall conduct a study on worker safety in the meat packing 


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1 and poultry processing industry, including the relationship 

2 between line speed and worker safety. 

3 (b) PURPOSE.—The purpose of the study conducted 

4 under subsection (a) shall be to determine the effect that 

5 workplace safety has on the safety of the food being pro6 duced. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Administrator of the Food 

9 Safety and Inspection Service and the Director of the Na10 tional Institute for Occupational Safety and Health shall 

11 jointly submit to the Committee on Agriculture of the 

12 House of Representatives and the Committee on Agri13 culture, Nutrition, and Forestry of the Senate a report 

14 on the results of the study conducted under subsection (a), 

15 including any recommendations. 

Æ 


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