II 

118TH CONGRESS 

1ST SESSION S. 2782 

To provide the Food and Drug Administration with authority to conduct 

microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine 

the root cause of an outbreak of foodborne illness, or address other 

public health needs. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2023 

Mr. BOOKER (for himself and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide the Food and Drug Administration with authority 

to conduct microbial sampling on concentrated animal 

feeding operations as necessary to facilitate a foodborne 

illness outbreak investigation, determine the root cause 

of an outbreak of foodborne illness, or address other 

public health needs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expanded Food Safety 

5 Investigation Act of 2023’’. 


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•S 2782 IS

1 SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL 

2 FEEDING OPERATIONS. 

3 (a) IN GENERAL.—Chapter IV of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend5 ed by adding at the end the following: 

6 ‘‘SEC. 425. MICROBIAL SAMPLING ON CONCENTRATED ANI7 MAL FEEDING OPERATIONS. 

8 ‘‘(a) IN GENERAL.—The Secretary may request ac9 cess to a concentrated animal feeding operation in order 

10 to conduct microbial sampling, if the Secretary determines 

11 that such microbial sampling is necessary in order to fa12 cilitate a foodborne illness outbreak investigation, deter13 mine the root cause of an outbreak of foodborne illness, 

14 or address other public health needs. 

15 ‘‘(b) GRANTING OF REASONABLE ACCESS.—A con16 centrated animal feeding operation that receives a request 

17 for access under subsection (a) shall provide reasonable 

18 access to the Secretary to conduct such microbial sam19 pling, including sampling of plants, animals, water, and 

20 the environment, as the Secretary determines appropriate 

21 to address the public health need. Such operation may 

22 place reasonable conditions on access to the operation, in23 cluding by specifying a time, place, and manner for sam24 pling, provided that any such conditions do not prevent 

25 the Secretary from conducting appropriate sampling with26 in a reasonable period of time. 


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1 ‘‘(c) AUTHORITY OVER FOODS REGULATED BY THE

2 SECRETARY OF AGRICULTURE.—Nothing in this section 

3 shall be construed to impose additional requirements by 

4 the Secretary, beyond microbial sampling, with respect to 

5 food that is within the jurisdiction of the Secretary of Ag6 riculture pursuant to the Federal Meat Inspection Act, the 

7 Poultry Products Inspection Act, or the Egg Products In8 spection Act. 

9 ‘‘(d) COORDINATION WITH OTHER PUBLIC HEALTH

10 AGENCIES.—The Secretary shall ensure that data col11 lected under this section are made available to the Sec12 retary of Agriculture and relevant State and Federal pub13 lic health agencies in order to facilitate work in detecting, 

14 investigating, or preventing foodborne illness. Nothing in 

15 this section shall be construed to limit the rights and ex16 emptions otherwise available under section 552 of title 5, 

17 United States Code. 

18 ‘‘(e) DEFINITION.—In this section, the term ‘con19 centrated animal feeding operation’ has the meaning given 

20 such term in section 122.23(b) of title 40, Code of Federal 

21 Regulations (or any successor regulations).’’. 

22 (b) ENFORCEMENT.—Section 301 of the Federal 

23 Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend24 ed by adding at the end the following: 


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1 ‘‘(jjj) The refusal to provide reasonable access for mi2 crobial sampling in accordance with section 425.’’. 

Æ 


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