II 

109TH CONGRESS 

1ST SESSION S. 1357 

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 SENATE OF THE UNITED STATES 

JUNE 30, 2005 

Mr. HARKIN (for himself, Mr. SPECTER, Mr. KOHL, Mr. DURBIN, Mr. FEINGOLD, Mrs. CLINTON, and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

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 

(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, 
2

•S 1357 IS

1 SECTION 1. SHORT TITLE. 

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

3 Pathogen Reduction and Enforcement Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the primary purpose of the Federal meat 

7 and poultry inspection program is to protect public 

8 health; 

9 (2) the Centers for Disease Control and Preven10 tion report that human pathogens found in raw and 

11 cooked meat, meat products, poultry, and poultry 

12 products are a significant source of foodborne ill13 ness; 

14 (3) to reduce the public health burden of 

15 foodborne illness, the Federal meat and poultry in16 spection system should focus on reducing the risk of 

17 foodborne illness associated with the presence of 

18 foodborne pathogens through— 

19 (A) establishment and enforcement of per20 formance standards for the reduction of patho21 gens in meat, meat products, poultry, and poul22 try products processed by establishments receiv23 ing inspection services; and 

24 (B) enforcement of the Hazard Analysis 

25 and Critical Control Point (HACCP) System 

26 requirements and sanitation requirements; 
3

•S 1357 IS

1 (4) good public health practice requires control2 ling pathogens as close as practicable to the initial 

3 source of contamination to reduce pathogens and 

4 prevent foodborne illness; 

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

6 slaughter establishments during the slaughter and 

7 processing of meat and poultry products because 

8 those establishments are where pathogen contamina9 tion often originates; 

10 (6) while proper handling and cooking of meat 

11 and poultry products can virtually eliminate the risk 

12 of foodborne illness from the consumption of meat 

13 and poultry, the presence of pathogens in raw meat 

14 and poultry products leads to cross-contamination of 

15 other foods and surrounding surfaces; 

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

17 protect public health, regulatory authorities and all 

18 parties involved in the production and handling of 

19 meat, meat products, poultry, or poultry products 

20 should make a concerted effort to reduce, to the 

21 maximum extent practicable, contamination by 

22 pathogens using the best available scientific informa23 tion and appropriate technology; 
4

•S 1357 IS

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

2 poultry, and poultry products that contain human 

3 pathogens— 

4 (A) impairs the effective regulation of 

5 wholesome meat, meat products, poultry, or 

6 poultry products in interstate and foreign com7 merce; and 

8 (B) destroys markets for wholesome prod9 ucts; 

10 (9) all articles and other animals that are sub11 ject to this Act and the amendments made by this 

12 Act are either in or substantially affect interstate or 

13 foreign commerce; 

14 (10) regulation by the Secretary of Agriculture 

15 and cooperation by the States are necessary to pre16 vent or eliminate burdens on interstate or foreign 

17 commerce and to protect the health and welfare of 

18 consumers; and 

19 (11) the 2003 report of the National Academy 

20 of Sciences recommended that Congress grant regu21 latory agencies— 

22 (A) clear authority to establish, implement, 

23 and enforce food safety criteria, including per24 formance standards; and 
5

•S 1357 IS

1 (B) the flexibility within the administrative 

2 process to update the criteria. 

3 SEC. 3. DEFINITION OF SECRETARY. 

4 In this Act, the term ‘‘Secretary’’ means the Sec5 retary of Agriculture. 

6 SEC. 4. PATHOGEN PERFORMANCE STANDARDS. 

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

8 Inspection Act (21 U.S.C. 601 et seq.) is amended by in9 serting after section 8 (21 U.S.C. 608) the following: 

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

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

12 ‘‘(1) PATHOGEN REDUCTION PERFORMANCE

13 STANDARDS.—The term ‘pathogen reduction per14 formance standards’ means standards establishing 

15 the degree to which a step or combination of steps 

16 in the production, processing, distribution, or prepa17 ration of a food must operate to achieve the required 

18 level of control over microbiological contamination. 

19 ‘‘(2) PUBLIC HEALTH GOALS AND OBJEC20 TIVES.—The term ‘public health goals and objec21 tives’ means goals and objectives establishing the de22 sired outcome associated with reducing the burden 

23 of foodborne disease in society. 
6

•S 1357 IS

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

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

3 the Secretary shall prescribe— 

4 ‘‘(1) pathogen surveys to determine current 

5 contamination levels of raw meat and meat products 

6 with foodborne pathogens; 

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

8 ‘‘(3) pathogen reduction performance standards 

9 to— 

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

11 meat products processed by each establishment 

12 receiving inspection services under this Act; and 

13 ‘‘(B) achieve public health goals and objec14 tives. 

15 ‘‘(c) LIST OF PATHOGENS.— 

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

17 Secretary of Health and Human Services, and tak18 ing into account data available from the Centers for 

19 Disease Control and Prevention, the Secretary shall 

20 identify the pathogens that make a significant con21 tribution to the total burden of foodborne disease as22 sociated with meat and meat products. 

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

24 shall— 
7

•S 1357 IS

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

3 after the date of enactment of this section; and 

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

5 thereafter. 

6 ‘‘(d) PATHOGEN SURVEYS.— 

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

8 after the date of enactment of this section, the Sec9 retary shall initiate comprehensive, statistically rep10 resentative surveys to determine the current levels 

11 and incidence of contamination of raw meat and 

12 meat products with the pathogens listed under sub13 section (c), including the variation in levels and inci14 dence of contamination among establishments. 

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

16 after the date of enactment of this section, the Sec17 retary shall compile, and publish in the Federal Reg18 ister, the results of the surveys. 

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

20 after the surveys under paragraph (1) are con21 ducted, the Secretary shall— 

22 ‘‘(A) conduct additional surveys in accord23 ance with paragraph (1); and 

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

25 surveys in accordance with paragraph (2). 
8

•S 1357 IS

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

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

3 the completion of pathogen surveys under subsection 

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

5 Health and Human Services and the Director of the 

6 Centers for Disease Control and Prevention, the 

7 Secretary shall establish public health goals and ob8 jectives to achieve a measurable population-based 

9 target for the reduction of foodborne illness. 

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

11 subsection (b)(2) shall be updated every 2 years ac12 cording to current epidemiological studies in 

13 foodborne illness and the most recently updated in14 formation from the Centers for Disease Control and 

15 Prevention about the prevalence of foodborne illness. 

16 ‘‘(f) PATHOGEN REDUCTION PERFORMANCE STAND17 ARDS.— 

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

19 performance standards required under subsection (b) 

20 shall ensure the lowest level or incidence of contami21 nation that is reasonably achievable using the best 

22 available processing technology and practices. 

23 ‘‘(2) CURRENT CONTAMINATION.—In deter24 mining what is reasonably achievable, the Secretary 

25 shall consider data on current levels or incidence of 
9

•S 1357 IS

1 contamination, including what is being achieved by 

2 establishments in the upper quartile of performance 

3 in controlling the level or incidence of contamination. 

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

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

6 Secretary shall propose pathogen reduction perform7 ance standards for at least 2 pathogens from the list 

8 published under subsection (c). 

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

10 than 1 year after proposing pathogen reduction 

11 standards for the initial pathogens under paragraph 

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

13 propose a pathogen reduction performance standard 

14 for at least 1 pathogen each year from the list pub15 lished under subsection (c) until standards have 

16 been proposed for all pathogens on the list. 

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

18 year after proposing a pathogen reduction standard 

19 for a pathogen under this subsection, the Secretary 

20 shall promulgate a final pathogen reduction stand21 ard for the pathogen. 

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

23 in this section affects the authority of the Secretary 

24 to establish a zero-tolerance pathogen reduction per25 formance standard. 
10

•S 1357 IS

1 ‘‘(g) 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 (e)(5), the Secretary shall review the 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 ‘‘(h) ENFORCEMENT.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall con24 duct regular microbial testing in establishments pro25 ducing raw meat and meat products to determine 
11

•S 1357 IS

1 compliance with the pathogen reduction performance 

2 standards promulgated under this section. 

3 ‘‘(2) INSPECTIONS.—If the Secretary deter4 mines that an establishment fails to meet a standard 

5 promulgated under subsection (e) and that the es6 tablishment fails to take appropriate corrective ac7 tion, as determined by the Secretary, the Secretary 

8 shall refuse to allow any meat or meat product sub9 ject to the standard and processed by the establish10 ment to be labeled, marked, stamped or tagged as 

11 ‘inspected and passed’. 

12 ‘‘(i) REPORT ON HEALTH-BASED PATHOGEN PER13 FORMANCE STANDARDS.— 

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

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

16 in consultation with the Secretary of Health and 

17 Human Services, shall submit to Congress a report 

18 on the scientific feasibility of establishing health19 based performance standards for pathogens in raw 

20 meat and meat products. 

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

22 Secretary shall consider— 

23 ‘‘(A) the scientific feasibility of deter24 mining safe levels for pathogens in raw meat 

25 and meat products; 
12

•S 1357 IS

1 ‘‘(B) the scientific and public health cri2 teria that are relevant to determining the safe 

3 levels; and 

4 ‘‘(C) other factors determined by the Sec5 retary. 

6 ‘‘(j) RELATIONSHIP TO ADULTERATION PROVI7 SIONS.—Nothing in this section affects the applicability 

8 to pathogens of the provisions of this Act relating to adul9 teration.’’. 

10 (b) POULTRY AND POULTRY PRODUCTS.—The Poul11 try Products Inspection Act (21 U.S.C. 451 et seq.) is 

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

13 following: 

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

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

16 ‘‘(1) PATHOGEN REDUCTION PERFORMANCE

17 STANDARDS.—The term ‘pathogen reduction per18 formance standards’ means standards establishing 

19 the degree to which a step or combination of steps 

20 in the production, processing, distribution, or prepa21 ration of a food must operate to achieve the required 

22 level of control over microbiological contamination. 

23 ‘‘(2) PUBLIC HEALTH GOALS AND OBJEC24 TIVES.—The term ‘public health goals and objec25 tives’ means goals and objectives establishing the de-
13

•S 1357 IS

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 poultry and poultry 

8 products 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 poultry and 

13 poultry products processed by each establish14 ment receiving inspection services under this 

15 Act; and 

16 ‘‘(B) achieve public health goals and objec17 tives. 

18 ‘‘(c) LIST OF PATHOGENS.— 

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

20 Secretary of Health and Human Services, and tak21 ing into account data available from the Centers for 

22 Disease Control and Prevention, the Secretary shall 

23 identify the pathogens that make a significant con24 tribution to the total burden of foodborne disease as25 sociated with poultry and poultry products. 
14

•S 1357 IS

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 poultry and 

14 poultry products with the pathogens listed under 

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

16 incidence 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 preceding surveys are conducted, the Sec23 retary shall— 

24 ‘‘(A) conduct surveys described in para25 graph (1); and 
15

•S 1357 IS

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. 
16

•S 1357 IS

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. 
17

•S 1357 IS

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 (e)(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). 
18

•S 1357 IS

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

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

4 ‘‘(h) ENFORCEMENT.— 

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

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

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

15 shall refuse to allow any poultry or poultry product 

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

18 as ‘inspected and passed’. 

19 ‘‘(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-
19

•S 1357 IS

1 based performance standards for pathogens in raw 

2 poultry and poultry products. 

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

4 Secretary shall consider— 

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

7 and poultry products; 

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

10 levels; and 

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

13 ‘‘(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 SEC. 5. NATIONAL ADVISORY COMMITTEE ON MICRO18 BIOLOGICAL CRITERIA FOR FOODS. 

19 (a) ESTABLISHMENT.— 

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

22 shall establish a National Advisory Committee on 

23 Microbiological Criteria for Foods (referred to in 

24 this section as the ‘‘Committee’’). 
20

•S 1357 IS

1 (2) ADMINISTRATION.—The Committee shall 

2 report to— 

3 (A) the Secretary, acting through the 

4 Under Secretary for Food Safety; and 

5 (B) the Secretary of Health and Human 

6 Services, acting through the Assistant Secretary 

7 for Health. 

8 (b) MEMBERSHIP.— 

9 (1) COMPOSITION.—The Committee shall be 

10 composed of not fewer than 9 nor more than 15 

11 members appointed by the Secretary, including a 

12 Chairperson designated by the Secretary. 

13 (2) QUALIFICATIONS.—In appointing members 

14 of the Committee, the Secretary shall appoint indi15 viduals who— 

16 (A) are qualified by education, training, 

17 and experience to evaluate scientific and tech18 nical information on matters referred to the 

19 Committee; and 

20 (B) to the maximum extent practicable, 

21 represent the fields of microbiology, risk assess22 ment, epidemiology, public health, food science, 

23 veterinary medicine, and other relevant dis24 ciplines. 
21

•S 1357 IS

1 (3) PROHIBITION ON FEDERAL GOVERNMENT

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

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

7 made not later than 90 days after the date of enact8 ment of this Act. 

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

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

12 (c) MEETINGS.— 

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

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

16 hold the initial meeting of the Committee. 

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

18 the call of the Chairperson, in consultation with the 

19 Secretary. 

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

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

23 (4) CONFLICTS OF INTEREST.— 

24 (A) IN GENERAL.—Notwithstanding sec25 tions 201 through 209 of title 18, United 
22

•S 1357 IS

1 States Code, a conflict of interest involving the 

2 appointment of a member of the Committee 

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

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

6 of the Committee. 

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

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

12 (d) DUTIES.— 

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

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

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

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

20 public health burden of foodborne illness. 

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

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

24 the Secretary submits to any Federal agency 

25 for formal review and comment any standard or 
23

•S 1357 IS

1 regulation proposed under the Federal Meat In2 spection Act (21 U.S.C. 601 et seq.), the Poul3 try Products Inspection Act (21 U.S.C. 451 et 

4 seq.), or any program administered by the 

5 Under Secretary for Food Safety, the Secretary 

6 shall make available to the Committee— 

7 (i) the standard or regulation; and 

8 (ii) relevant scientific and technical 

9 information possessed by the Secretary on 

10 which the proposed standard or regulation 

11 is based. 

12 (B) ADVICE AND COMMENTS.—Not later 

13 than a date specified by the Secretary that is 

14 not later than 90 days after the date of receipt 

15 of the standard or regulation, the Committee 

16 may make available to the Secretary the advice 

17 and comments of the Committee on the ade18 quacy of the scientific and technical basis for 

19 the proposed standard or regulation, together 

20 with any additional information the Committee 

21 considers appropriate. 

22 (C) CONTEMPORANEOUS REVIEW.—To the 

23 maximum extent practicable, the review by the 

24 Committee under subparagraph (A) shall be 
24

•S 1357 IS

1 conducted contemporaneously with review by 

2 other Federal agencies. 

3 (e) POWERS.— 

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

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

6 such testimony, and receive such evidence as the 

7 Committee considers advisable to carry out this sec8 tion. 

9 (2) INFORMATION FROM FEDERAL AGENCIES.— 

10 (A) IN GENERAL.—The Committee may 

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

13 to carry out this section. 

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

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

18 (3) SUBCOMMITTEES AND INVESTIGATIVE PAN19 ELS.— 

20 (A) IN GENERAL.—The Committee may 

21 establish such subcommittees and investigative 

22 panels as the Secretary and the Committee de23 termine necessary to carry out this section. 
25

•S 1357 IS

1 (B) CHAIRPERSON.—Each subcommittee 

2 and investigative panel shall be chaired by a 

3 member of the Committee. 

4 (4) POSTAL SERVICES.—The Committee may 

5 use the United States mails in the same manner and 

6 under the same conditions as other agencies of the 

7 Federal Government. 

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

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

11 (f) COMMITTEE PERSONNEL MATTERS.— 

12 (1) COMPENSATION OF MEMBERS.—A member 

13 of the Committee shall be compensated at a rate 

14 equal to the daily equivalent of the annual rate of 

15 basic pay prescribed for level IV of the Executive 

16 Schedule under section 5315 of title 5, United 

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

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

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

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

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

25 away from the home or regular place of business of 
26

•S 1357 IS

1 the member in the performance of the duties of the 

2 Committee. 

3 (3) STAFF.— 

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

5 Committee may, without regard to the civil 

6 service laws (including regulations), appoint 

7 and terminate an executive director and such 

8 other additional personnel as are necessary to 

9 enable the Committee to perform the duties of 

10 the Committee. 

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

13 shall be subject to confirmation by the Com14 mittee. 

15 (C) COMPENSATION.— 

16 (i) IN GENERAL.—Except as provided 

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

21 and subchapter III of chapter 53 of title 5, 

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

24 rates. 
27

•S 1357 IS

1 (ii) MAXIMUM RATE OF PAY.—The 

2 rate of pay for the executive director and 

3 other personnel shall not exceed the rate 

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

6 States Code. 

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

11 United States Code, at rates for individuals that do 

12 not exceed the daily equivalent of the annual rate of 

13 basic pay prescribed for level V of the Executive 

14 Schedule under section 5316 of that title. 

15 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 appropriated such sums as are necessary to carry 

18 out this section, to remain available until expended. 

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

20 available to the National Advisory Committee on 

21 Microbiological Criteria in existence on the date of 

22 enactment of this Act shall be made available to the 

23 Committee. 
28

•S 1357 IS

1 SEC. 6. ENFORCEMENT OF HACCP AND SANITATION RE2 QUIREMENTS. 

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

4 Hazard Analysis and Critical Control Point (HACCP) 

5 System requirements established under part 417 of title 

6 9, Code of Federal Regulations (or successor regulations), 

7 and the sanitation requirements established under part 

8 416 of title 9, Code of Federal Regulations (or successor 

9 regulations), in any official establishment. 

10 (b) ENFORCEMENT.— 

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

12 that an establishment fails to meet a requirement 

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

15 determined by the Secretary, the Secretary may 

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

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

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

20 (2) ADDITIONAL AUTHORITY.—The authority 

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

22 other authority the Secretary may have to enforce 

23 the requirements of this section. 

24 SEC. 7. REGULATIONS. 

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

26 title 5, United States Code, the Secretary shall have the 
29

•S 1357 IS

1 authority to enforce the pathogen performance standards 

2 of the Secretary in accordance with the Federal Meat In3 spection Act (21 U.S.C. 601 et seq.) and the Poultry 

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

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

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

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

8 the authority to issue and enforce pathogen performance 

9 standards promulgated in accordance with section 553 of 

10 title 5, United States Code. 

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

12 January 1, 2000.

Æ