II 

113TH CONGRESS 

1ST SESSION S. 1502 

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 12, 2013 

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 ‘‘Safe Meat and Poultry Act of 2013’’. 

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—SAFE MEAT AND POULTRY 

Sec. 101. Definition of adulterated. 

TITLE II—FOOD SAFETY 

Sec. 201. Food safety. 

Sec. 202. Good commercial practices in receiving and processing live poultry. 

TITLE III—RESEARCH AND EDUCATION 

Sec. 301. Definition of Secretary. 

Sec. 302. Public health assessment system. 

Sec. 303. Public education and advisory system. 

Sec. 304. Research. 

TITLE IV—CRIMINAL PENALTIES AND OTHER PROVISIONS 

Sec. 401. Criminal penalties. 

Sec. 402. Ongoing assessment of occupational health. 

Sec. 403. Reports and evaluation of implementation. 

Sec. 404. Authorization of appropriations. 

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) events recent to the date of enactment of 

2 this Act demonstrate that the food safety system ad3 ministered by the Food Safety and Inspection Serv4 ice is not effective in controlling risk in regulated 

5 food; and 

6 (B) these events have adversely affected con7 sumer confidence; 

8 (5) new and emerging pathogens such as anti9 biotic-resistant Salmonella, and enterohemorrhagic 

10 (EHEC) Shiga toxin-producing serotypes of Esch11 erichia coli (E. coli) place an increasing number of 

12 people at high risk for foodborne illness; 

13 (6) several court decisions, relying on outdated 

14 understandings of the risks and nature of micro15 biological contaminants, have issued rulings that im16 pose barriers to reasonable efforts by the Food Safe17 ty and Inspection Service to prevent foodborne ill18 ness; 

19 (7) Federal food safety standard setting, in20 spection, enforcement, and research efforts should be 

21 based on the best available science and public health 

22 considerations, and food safety resources should be 

23 deployed in ways that most effectively prevent 

24 foodborne illness; 


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

2 601 et seq.) was first enacted in 1907, the Poultry 

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

4 first enacted in 1957, and the last substantial 

5 amendment to those laws occurred 44 years before 

6 the date of enactment of this Act; 

7 (9) Congress passed the Department of Agri8 culture Reorganization Act of 1994 (7 U.S.C. 6901 

9 et seq.), establishing the office of the Under Sec10 retary of Agriculture for Food Safety in order to 

11 centralize and modernize the food safety system at 

12 the Department of Agriculture; and 

13 (10) improving Federal oversight of food safety 

14 requires a modern food safety mandate and clear au15 thorities to effectively protect the public from 

16 foodborne diseases associated with the products that 

17 the Food Safety and Inspection Service regulates. 

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

19 (1) to establish an effective, preventive food 

20 safety system administered by the Food Safety and 

21 Inspection Service— 

22 (A) to regulate food safety and labeling to 

23 strengthen the protection of the public health; 

24 (B) to focus new attention on pathogens of 

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1 cluding Shiga toxin-producing E. coli (STEC), 

2 and Salmonella strains, including strains that 

3 are antibiotic resistant; and 

4 (C) to participate with the Food and Drug 

5 Administration in an integrated, systemwide ap6 proach to food safety and to make more effec7 tive and efficient use of resources to prevent 

8 foodborne illness; 

9 (2) to modernize and strengthen the Federal 

10 food safety system to ensure more effective applica11 tion and efficient management of the laws for the 

12 protection and improvement of public health; and 

13 (3) to establish that food establishments have 

14 responsibility to ensure that all stages of production, 

15 processing, and distribution of the products of the 

16 food establishments, or under the control of the food 

17 establishments, satisfy the requirements of this Act. 

18 TITLE I—SAFE MEAT AND 

19 POULTRY 

20 SEC. 101. DEFINITION OF ADULTERATED. 

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

22 1(m) of the Federal Meat Inspection Act (21 U.S.C. 

23 601(m)) is amended— 

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

25 end; 


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

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

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

4 ‘‘(10) if it bears or contains a pathogen or con5 taminant associated with serious illness or death.’’. 

6 (b) POULTRY AND POULTRY PRODUCTS.—Section 

7 4(g) of the Poultry Products Inspection Act (21 U.S.C. 

8 453(g)) is amended— 

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

10 end; 

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

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

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

14 ‘‘(9) if it bears or contains a pathogen or con15 taminant associated with serious illness or death.’’. 

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

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

18 amended— 

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

20 end; 

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

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

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

24 ‘‘(9) if it bears or contains a pathogen or con25 taminant associated with serious illness or death.’’. 


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1 TITLE II—FOOD SAFETY 

2 SEC. 201. FOOD SAFETY. 

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

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

5 et seq.) is amended— 

6 (1) by inserting after the subtitle heading the 

7 following: 

8 ‘‘PART I—ADMINISTRATION’’; 

9 and 

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

11 ‘‘PART II—FOOD SAFETY 

12 ‘‘SEC. 263. DEFINITIONS. 

13 ‘‘In this part: 

14 ‘‘(1) ADULTERATED.— 

15 ‘‘(A) IN GENERAL.—The term ‘adulter16 ated’ has the meaning given the term in— 

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

18 product, section 4 of the Poultry Products 

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

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

21 food product, section 1 of the Federal 

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

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

24 product, section 4 of the Egg Products In25 spection Act (21 U.S.C. 1033). 


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

2 includes bearing or containing a contaminant 

3 that has the potential to cause illness or death 

4 among sensitive populations. 

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

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

7 United States Code. 

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

9 includes a biological, chemical, physical, or radio10 logical food safety hazard that when found on or in 

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

12 ‘‘(4) CONTAMINATION.—The term ‘contamina13 tion’ refers to the presence of a contaminant in food. 

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

15 ‘‘(A) a meat or a meat food product (with16 in the meaning of the Federal Meat Inspection 

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

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

19 section 4 of the Egg Products Inspection Act 

20 (21 U.S.C. 1033)); or 

21 ‘‘(C) a poultry or poultry product (as de22 fined in section 4 of the Poultry Products In23 spection Act (21 U.S.C. 453)). 

24 ‘‘(6) FOOD ESTABLISHMENT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘food estab2 lishment’ means a slaughterhouse, factory, 

3 warehouse, or facility owned or operated by a 

4 person located in any State that processes food 

5 or a facility that holds, stores, or transports 

6 food or food ingredients. 

7 ‘‘(B) EXCLUSIONS.—The term ‘food estab8 lishment’ does not include a farm, restaurant, 

9 other retail food establishment, or nonprofit 

10 food establishment in which food is prepared for 

11 or served directly to the consumer. 

12 ‘‘(7) FOOD SAFETY LAW.—The term ‘food safe13 ty law’ means— 

14 ‘‘(A) the Poultry Products Inspection Act 

15 (21 U.S.C. 451 et seq.); 

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

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

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

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

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

21 (commonly known as the ‘Humane Methods of 

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

23 administered by the Food Safety and Inspection 

24 Service; 

25 ‘‘(E) this part; and 


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

2 to and requiring food safety, labeling, inspec3 tion, and enforcement as the President des4 ignates by Executive order as appropriate to in5 clude within the jurisdiction of the Secretary. 

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

7 term ‘foreign food establishment’ means a slaughter8 house, factory, warehouse, or facility located outside 

9 the United States that processes food for consump10 tion that is imported into the United States or food 

11 ingredients. 

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

13 ‘interstate commerce’ has the meaning given the 

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

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

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

17 has the meaning given the term in— 

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

19 product, section 4 of the Poultry Products In20 spection Act (21 U.S.C. 453); 

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

22 product, section 1 of the Federal Meat Inspec23 tion Act (21 U.S.C. 601); and 


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

2 section 4 of the Egg Products Inspection Act 

3 (21 U.S.C. 1033). 

4 ‘‘(11) PROCESS.—The term ‘process’ or ‘proc5 essing’ means the commercial harvesting, slaughter, 

6 packing, preparation, or manufacture of food. 

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

8 and animal health. 

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

10 means the Secretary of Agriculture, acting through 

11 the Under Secretary of Food Safety. 

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

13 ‘‘(A) a State; 

14 ‘‘(B) the District of Columbia; 

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

16 and 

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

18 the United States. 

19 ‘‘(15) STATISTICALLY VALID.—The term ‘sta20 tistically valid’ means, with respect to a study, evalu21 ated and conducted under standards established by 

22 the National Institute of Standards and Technology. 

23 ‘‘SEC. 264. PERFORMANCE STANDARDS FOR FOOD SAFETY. 

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


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1 ‘‘(1) APPROPRIATE LEVEL OF PROTECTION.— 

2 The term ‘appropriate level of protection’ means a 

3 level of food safety and public health protection 

4 that— 

5 ‘‘(A) if achievable by commercially avail6 able techniques, reduces a known pathogen or 

7 contaminant to a level that does not present a 

8 demonstrated risk of illness or death to con9 sumers, including sensitive groups; or 

10 ‘‘(B) in all other cases, is the lowest rea11 sonably achievable level of a microbiologic or 

12 contaminant food safety hazard that can best 

13 protect public health. 

14 ‘‘(2) FOOD SAFETY OBJECTIVE.—The term 

15 ‘food safety objective’ means an objective that estab16 lishes the maximum frequency or concentration of a 

17 microbial or contaminant hazard in a regulated food 

18 product at the time of handling and consumption by 

19 a consumer that still provides the appropriate level 

20 of protection. 

21 ‘‘(3) PATHOGEN REDUCTION PERFORMANCE

22 STANDARD.—The term ‘pathogen reduction perform23 ance standard’ means a standard that establishes 

24 the degree to which a step or combination of steps 

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1 ration of a food must operate to achieve the required 

2 level of control over microbiological contamination. 

3 ‘‘(4) PERFORMANCE CRITERIA.—The term ‘per4 formance criteria’ means a criteria that establishes 

5 the effect of one or more control measures needed to 

6 meet or contribute to meet a performance objective. 

7 ‘‘(5) PERFORMANCE OBJECTIVE.—The term 

8 ‘performance objective’ means an objective that es9 tablishes the maximum frequency or concentration of 

10 a microbial or contaminant hazard in a regulated 

11 food product during a processing step that contrib12 utes to the achievement of a food safety objective or 

13 other end measure or a performance standard. 

14 ‘‘(6) PUBLIC HEALTH GOALS AND OBJEC15 TIVES.—The term ‘public health goals and objec16 tives’ means goals and objectives establishing the de17 sired outcome associated with reducing the burden 

18 of foodborne disease in society. 

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

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

21 the Secretary shall prescribe— 

22 ‘‘(1) pathogen surveys to determine current lev23 els of food contamination and to enable the Sec24 retary to assess compliance; 

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


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1 ‘‘(3) pathogen reduction performance stand2 ards— 

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

4 ‘‘(B) to achieve public health goals and ob5 jectives. 

6 ‘‘(c) LIST OF PATHOGENS.— 

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

8 Secretary of Health and Human Services, and tak9 ing into account data available from the Centers for 

10 Disease Control and Prevention, the Secretary shall 

11 identify the pathogens that make a significant con12 tribution to the total burden of foodborne disease as13 sociated with food. 

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

15 shall— 

16 ‘‘(A) publish a list of the pathogens de17 scribed in paragraph (1) not later than 180 

18 days after the date of enactment of this section; 

19 and 

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

21 thereafter. 

22 ‘‘(d) PATHOGEN SURVEYS.— 

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

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1 plementation of comprehensive surveys to determine 

2 the current levels and incidence of contamination of 

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

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

7 after the date of enactment of this section, the Sec8 retary shall compile, and publish in the Federal Reg9 ister, the results of the surveys. 

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

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

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

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

16 surveys in accordance with paragraph (2). 

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

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

19 the completion of pathogen surveys under subsection 

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

21 Health and Human Services and the Director of the 

22 Centers for Disease Control and Prevention, the 

23 Secretary shall establish public health goals and food 

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1 tion of foodborne illness and the exposure of the 

2 public to pathogens. 

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

4 subsection (b)(2) shall be updated every 2 years ac5 cording to current epidemiological studies in 

6 foodborne illness and the most recently updated in7 formation from the Centers for Disease Control and 

8 Prevention about the prevalence of foodborne illness. 

9 ‘‘(f) PATHOGEN REDUCTION PERFORMANCE STAND10 ARDS.— 

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

12 performance standards required under subsection (b) 

13 shall ensure the lowest level or incidence of contami14 nation that is reasonably achievable using the best 

15 available processing technology and practices. 

16 ‘‘(2) CURRENT CONTAMINATION.—In deter17 mining what is reasonably achievable, the Secretary 

18 shall consider data on current levels or incidence of 

19 contamination, including what is being achieved by 

20 establishments in the upper quartile of performance 

21 in controlling the level or incidence of contamination. 

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

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

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1 ance standards for at least 2 pathogens from the list 

2 published under subsection (c). 

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

4 than 1 year after proposing pathogen reduction 

5 standards for the initial pathogens under paragraph 

6 (3), and annually thereafter, the Secretary shall pro7 pose a pathogen reduction performance standard for 

8 at least 1 pathogen each year from the list published 

9 under subsection (c) until standards have been pro10 posed for all pathogens on the list. 

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

12 year after proposing a pathogen reduction standard 

13 for a pathogen under this subsection, the Secretary 

14 shall promulgate a final pathogen reduction stand15 ard and propose sampling standards and procedures 

16 for the pathogen in regulated products. 

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

18 standards established under this section shall include— 

19 ‘‘(1) food safety objectives that set the level of 

20 a contaminant that provides the appropriate level of 

21 protection; 

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

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

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1 actment of this section, when necessary to protect 

2 against significant adverse health outcomes; 

3 ‘‘(3) performance objectives, such as log reduc4 tion criteria for cooked products, when sufficient to 

5 ensure the safety of processed food; 

6 ‘‘(4) in the absence of data to support a per7 formance standard described in paragraph (1), (2), 

8 or (3), as determined by the Secretary, standards 

9 that define required performance in terms of best 

10 reasonably achievable performance, using best avail11 able technologies, interventions, and practices; or 

12 ‘‘(5) any other food safety objectives or per13 formance criteria, as determined by the Secretary. 

14 ‘‘(h) REVIEW OF STANDARDS.— 

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

16 after promulgation of a final pathogen reduction 

17 performance standard for a pathogen under sub18 section (f)(5), the Secretary shall review each stand19 ard to determine whether the standard continues to 

20 ensure the lowest level or incidence of contamination 

21 that is reasonably achievable using the best available 

22 processing technology and practices, taking into ac23 count the most recent survey conducted under sub24 section (d). 


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1 ‘‘(2) PUBLIC HEALTH GOALS.—The goals de2 scribed in subsection (e) shall be— 

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

4 survey conducted under subsection (d) to evalu5 ate the pathogen performance standards set by 

6 the Secretary; and 

7 ‘‘(B) considered when the Secretary re8 views and revises the final pathogen reduction 

9 performance standards in accordance with sub10 section (f). 

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

12 the standards, as necessary, to comply with sub13 section (f). 

14 ‘‘(i) ENFORCEMENT.— 

15 ‘‘(1) SAMPLING PROGRAM.— 

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

17 after the promulgation of a performance stand18 ard under this section, the Secretary shall im19 plement a sampling program to determine 

20 whether food establishments are complying with 

21 the performance standards promulgated under 

22 this section. 

23 ‘‘(B) REQUIREMENT.—The program estab24 lished under this paragraph shall be at least as 

25 stringent as the Hazard Analysis and Critical 


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1 Control Point System requirements established 

2 under part 417 of title 9, Code of Federal Reg3 ulations (or successor regulation). 

4 ‘‘(2) INSPECTIONS.—If the Secretary deter5 mines that a food establishment fails to meet a 

6 standard promulgated under this section, and the 

7 food establishment fails to take appropriate correc8 tive action as determined by the Secretary, the Sec9 retary shall, as appropriate— 

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

11 establishment under section 269; 

12 ‘‘(B) require enhanced inspection of the 

13 food establishment; 

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

15 the food establishment; or 

16 ‘‘(D) take other appropriate enforcement 

17 action concerning the food establishment, in18 cluding revocation of the grant of inspection. 

19 ‘‘(j) NEWLY IDENTIFIED CONTAMINANTS.—Notwith20 standing any other provision of this section, the Secretary 

21 shall promulgate interim performance standards for newly 

22 identified contaminants as necessary to prevent disease 

23 outbreaks or other hazards to the public health. 

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

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1 tions under chapter III of title 9, Code of Federal Regula2 tions, that are in effect as of September 1, 2013, regula3 tions promulgated under this part relating to— 

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

5 as stringent; 

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

7 least as frequent; and 

8 ‘‘(3) staffing levels are at least as high so as to 

9 ensure public health. 

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

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

12 the date of enactment of this section or the subsequent 

13 adoption of performance standards under section 264, the 

14 Secretary shall require that food establishments described 

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

16 pathogens at any points in production or processing that 

17 are identified by the Secretary. 

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

19 ‘‘(1)(A) all slaughterhouses or processing estab20 lishments that produce more than 25,000 pounds of 

21 trim per day; or 

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

23 25,000 pounds of trim or bench trim per day; and 

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

25 years after the date of enactment of this section— 


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1 ‘‘(A) to all food establishments that 

2 produce or grind trim or bench trim; and 

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

4 designated by the Secretary. 

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

6 the Secretary shall— 

7 ‘‘(1) establish sampling standards and proce8 dures; 

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

10 establishments through guidance documents; 

11 ‘‘(3) promulgate regulations that require that 

12 the food establishment takes corrective action when 

13 violative products are found through testing and es14 tablishes measures to prevent reoccurrence; and 

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

16 lot sizes established by food establishments to ensure 

17 that— 

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

19 lot size; and 

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

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

22 testing under this section shall use— 

23 ‘‘(1) sampling standards and procedures deter24 mined by the Secretary under section 264(f)(5); and 

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


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1 ‘‘SEC. 266. LABORATORY ACCREDITATION. 

2 ‘‘(a) RECOGNITION OF LABORATORY ACCREDITA3 TION.— 

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

5 after the date of enactment of this section, the Sec6 retary shall— 

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

8 meat and meat food products by accredited lab9 oratories; 

10 ‘‘(B) establish and maintain on the Inter11 net Web site of the Department an up-to-date 

12 and publicly available registry of accreditation 

13 bodies recognized by the Secretary and labora14 tories accredited by a recognized accreditation 

15 body, including the name of, contact informa16 tion for, and other information considered ap17 propriate by the Secretary about the accredita18 tion bodies and laboratories; and 

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

20 or accreditation, as appropriate, that recognized 

21 accreditation bodies and accredited laboratories 

22 report to the Secretary any changes that would 

23 affect the recognition of the accreditation body 

24 or the accreditation of the laboratory. 

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

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


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1 the recognition of laboratory accreditation bodies 

2 that meet criteria established by the Secretary for 

3 accreditation of laboratories, including independent 

4 private laboratories and laboratories run and oper5 ated by a Federal agency (including the Department 

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

7 capability to conduct one or more sampling and ana8 lytical testing methodologies for meat and meat food 

9 products. 

10 ‘‘(3) INCREASING THE NUMBER OF QUALIFIED

11 LABORATORIES.—The Secretary shall work with the 

12 laboratory accreditation bodies recognized under 

13 paragraph (1), as appropriate, to increase the num14 ber of qualified laboratories that are eligible to per15 form testing under this subsection beyond the num16 ber so qualified on the date of enactment of this sec17 tion. 

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

19 of national security, the Secretary, in coordination 

20 with the Secretary of Homeland Security, may deter21 mine the time, manner, and form in which the reg22 istry established under paragraph (1)(B) is made 

23 publicly available. 

24 ‘‘(5) FOREIGN LABORATORIES.—Accreditation 

25 bodies recognized by the Secretary under paragraph 


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1 (1) may accredit laboratories that operate outside 

2 the United States, so long as the laboratories meet 

3 the accreditation standards applicable to domestic 

4 laboratories accredited under this subsection. 

5 ‘‘(6) MODEL LABORATORY STANDARDS.— 

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

7 develop model standards that a laboratory shall 

8 meet to be accredited by a recognized accredita9 tion body for a specified sampling or analytical 

10 testing methodology and included in the reg11 istry provided for under paragraph (1). 

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

13 model standards, the Secretary shall— 

14 ‘‘(i) consult existing standards for 

15 guidance; and 

16 ‘‘(ii) include— 

17 ‘‘(I) methods to ensure that— 

18 ‘‘(aa) appropriate sampling, 

19 analytical procedures (including 

20 rapid analytical procedures), and 

21 commercially available techniques 

22 are followed and reports of anal23 yses are certified as true and ac24 curate; 


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1 ‘‘(bb) internal quality sys2 tems are established and main3 tained; 

4 ‘‘(cc) procedures exist to 

5 evaluate and respond promptly to 

6 complaints regarding analyses 

7 and other activities for which the 

8 laboratory is accredited; and 

9 ‘‘(dd) individuals who con10 duct the sampling and analyses 

11 are qualified by training and ex12 perience to do so; and 

13 ‘‘(II) any other criteria deter14 mined appropriate by the Secretary. 

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

16 compliance with the requirements of this subsection, 

17 the Secretary— 

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

19 frequently than once every 5 years, reevaluate 

20 accreditation bodies recognized under para21 graph (1) and may accompany auditors from an 

22 accreditation body to assess whether the accred23 itation body meets the criteria for recognition; 

24 and 


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1 ‘‘(B) shall promptly revoke the recognition 

2 of any accreditation body found not to be in 

3 compliance with the requirements of this sub4 section, specifying, as appropriate, any terms 

5 and conditions necessary for laboratories ac6 credited by the accreditation body to continue 

7 to perform testing as described in this sub8 section. 

9 ‘‘(b) TESTING PROCEDURES.— 

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

11 after the date of enactment of this section, food test12 ing shall be conducted by Federal laboratories or 

13 non-Federal laboratories that have been accredited 

14 for the appropriate sampling or analytical testing 

15 methodology or methodologies by a recognized ac16 creditation body on the registry established by the 

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

18 ‘‘(A) in response to a specific testing re19 quirement under this Act (including imple20 menting regulations), when applied to address 

21 an identified or suspected meat or meat food 

22 product safety problem; and 

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

24 Secretary considers appropriate, to address an 

25 identified or suspected food safety problem. 


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1 ‘‘(2) RESULTS OF TESTING.— 

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

3 testing under this section shall be sent directly 

4 to the applicable food establishment and the 

5 Secretary, unless the Secretary by regulation 

6 exempts test results from the submission re7 quirement if the Secretary determines that the 

8 results do not contribute to the protection of 

9 public health. 

10 ‘‘(B) ELECTRONIC SUBMISSION.—Test re11 sults required to be submitted may be sub12 mitted to the Secretary through electronic 

13 means. 

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

15 requirements under this subsection if— 

16 ‘‘(A) a new methodology has been devel17 oped and validated but a laboratory has not yet 

18 been accredited to perform the methodology; 

19 and 

20 ‘‘(B) the use of the methodology is nec21 essary to prevent, control, or mitigate a food 

22 emergency or foodborne illness outbreak. 

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

24 testing performed by a laboratory run and operated by a 

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1 tation body on the registry established by the Secretary 

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

3 Secretary shall review the sampling and testing results for 

4 the purpose of determining the need for a national recall 

5 or other compliance and enforcement activities. 

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

7 Nothing in this section limits the ability of the Secretary 

8 to review and act on information from food testing, includ9 ing determining the sufficiency of the information and 

10 testing. 

11 ‘‘SEC. 267. TRACEBACK. 

12 ‘‘(a) IN GENERAL.—The Secretary, in order to pro13 tect the public health, shall establish requirements for a 

14 national system for tracing food and food-producing ani15 mals from point of slaughter to retail sale, subject to sub16 section (b). 

17 ‘‘(b) APPLICABILITY.—Traceability requirements 

18 shall— 

19 ‘‘(1) be established in accordance with regula20 tions and guidelines issued by the Secretary; and 

21 ‘‘(2) apply to food establishments. 

22 ‘‘(c) TRACEABILITY.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall imple24 ment tracing protocols using methods and techVerDate Mar 15 2010 23:26 Sep 13, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1502.IS S1502

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1 nologies to enable the Food Safety and Inspection 

2 Service to rapidly trace adulterated food to— 

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

4 determine the original site source of the adul5 teration or contamination; and 

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

7 been shipped. 

8 ‘‘(2) REQUIREMENTS.— 

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

10 under this subsection shall include the collection 

11 of documentary and other relevant material to 

12 enable rapid tracing, including— 

13 ‘‘(i) food establishment identification 

14 data; 

15 ‘‘(ii) a description of the food; 

16 ‘‘(iii) shipping marks; 

17 ‘‘(iv) bar coding; and 

18 ‘‘(v) disclosure of sole-source or mul19 tiple-source origin. 

20 ‘‘(B) TIMING.—The collection of documen21 tary and other relevant material to enable rapid 

22 tracing under subparagraph (A) shall occur at 

23 the time that transfer of the relevant food is 

24 completed. 


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1 ‘‘(C) CERTIFICATION.—The onsite inspec2 tor and a responsible food establishment rep3 resentative shall certify that the documentary 

4 and other tracing material collected under sub5 paragraph (A) are complete and accurate. 

6 ‘‘(3) TRACING OF ADULTERATED AND CON7 TAMINATED FOOD.—If a food sample tests positive 

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

9 Secretary shall immediately conduct a trace— 

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

11 including preparation, packaging, and slaugh12 tering establishments; 

13 ‘‘(B) to identify the original source of con14 tamination; and 

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

16 other than the consumer, or food that may have 

17 been similarly affected. 

18 ‘‘(d) RELATIONSHIP TO COUNTRY OF ORIGIN LABEL19 ING.—Nothing in this section prevents or interferes with 

20 implementation of the country of origin labeling require21 ments of subtitle D of the Agricultural Marketing Act of 

22 1946 (7 U.S.C. 1638 et seq.). 


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1 ‘‘SEC. 268. INTERNATIONAL FOOD SAFETY ASSURANCE. 

2 ‘‘(a) INTERNATIONAL AUDITS.—The Secretary shall 

3 ensure that international audits of eligible foreign country 

4 food safety systems shall— 

5 ‘‘(1) occur no less than annually; and 

6 ‘‘(2) be of sufficient scope to protect public 

7 health. 

8 ‘‘(b) IMPORTS.—As soon as practicable after the date 

9 of enactment of this section, the Secretary shall promul10 gate regulations under which the Secretary may remove 

11 a country from the appropriate list maintained by the Sec12 retary of countries allowed to import one or more foods 

13 into the United States if— 

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

15 to conduct such onsite audits as the Secretary deter16 mines to be necessary to verify the safety of the food 

17 to be imported; or 

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

19 been suspended more than once during a 5-year pe20 riod for major food safety infractions. 

21 ‘‘SEC. 269. NOTIFICATION AND RECALL. 

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

23 ‘‘(1) CLASS I RECALL.—The term ‘Class I re24 call’ means a food recall classification defined by the 

25 Secretary that covers a health-hazard situation in 

26 which there is a reasonable probability that the use 


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1 of the food or food product being recalled will cause 

2 a serious, adverse health consequence, or death. 

3 ‘‘(2) RETAIL ESTABLISHMENT.—The term ‘re4 tail establishment’ means a grocery store or other 

5 retail establishment that sells food and food prod6 ucts directly to consumers. 

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

8 notice’ means the 1-page summary notice described 

9 in subsection (d). 

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

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

12 to believe that any food introduced into or in inter13 state commerce, or held for sale (whether or not the 

14 first sale) after shipment in interstate commerce, 

15 may be in violation of the food safety law shall im16 mediately notify the Secretary of the identity and lo17 cation of the food. 

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

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

20 and by such means as the Secretary may require by 

21 regulation. 

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

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

24 determines that food is in violation of the food safe25 ty law when introduced into or while in interstate 


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

2 first sale) after shipment in interstate commerce or 

3 that there is a reasonable probability that the food, 

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

5 as determined by the Secretary, the Secretary shall 

6 give the appropriate persons (including the manufac7 turers, importers, distributors, or retailers of the 

8 food) an opportunity— 

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

10 ‘‘(B) to notify all persons— 

11 ‘‘(i) processing, distributing, or other12 wise handling the food to immediately 

13 cease such activities with respect to the 

14 food; or 

15 ‘‘(ii) to which the food has been dis16 tributed, transported, or sold, to imme17 diately cease distribution of the food; 

18 ‘‘(C) to recall the food; 

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

20 provide notice of the finding of the Secretary— 

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

22 was, or may have been, distributed; and 

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

24 officials; or 


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1 ‘‘(E) to take any combination of the meas2 ures described in this paragraph, as determined 

3 by the Secretary to be appropriate in the cir4 cumstances. 

5 ‘‘(2) MANDATORY ACTIONS.—If a person re6 ferred to in paragraph (1) refuses to or does not 

7 adequately carry out the actions described in that 

8 paragraph within the time period and in the manner 

9 prescribed by the Secretary, the Secretary shall— 

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

11 the food or recall the food, including ordering 

12 the shipment of the food from the food estab13 lishment to the Secretary— 

14 ‘‘(i) at the expense of the food estab15 lishment; or 

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

17 by the Secretary), at the expense of the 

18 Secretary; and 

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

20 determines to be necessary, the person to imme21 diately— 

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

23 ‘‘(ii) notify all persons— 

24 ‘‘(I) processing, distributing, or 

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1 diately cease such activities with re2 spect to the food; or 

3 ‘‘(II) if the food has been distrib4 uted, transported, or sold, to imme5 diately cease distribution of the food; 

6 and 

7 ‘‘(iii) recall contaminated food. 

8 ‘‘(3) NOTIFICATION TO CONSUMERS BY SEC9 RETARY.—In accordance with subsection (d), the 

10 Secretary shall, as the Secretary determines to be 

11 necessary, provide notice of the finding of the Sec12 retary under paragraph (1)— 

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

14 or may have been, distributed; 

15 ‘‘(B) to State and local public health offi16 cials; and 

17 ‘‘(C) to such other persons as the Sec18 retary determines appropriate. 

19 ‘‘(4) NONDISTRIBUTION BY NOTIFIED PER20 SONS.—A person that processes, distributes, or oth21 erwise handles the food, or to which the food has 

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

23 notified under paragraph (1)(B) or (2)(B) shall im24 mediately cease distribution of the food. 


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1 ‘‘(5) AVAILABILITY OF RECORDS TO SEC2 RETARY.—Each person referred to in paragraph (1) 

3 that processed, distributed, or otherwise handled 

4 food shall make available to the Secretary informa5 tion necessary to carry out this subsection, as deter6 mined by the Secretary, regarding— 

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

8 or otherwise handled the food; and 

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

10 transported, sold, distributed, or otherwise han11 dled. 

12 ‘‘(d) CONSUMER RECALL NOTIFICATION.— 

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

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

15 maximum extent practicable, distribute to each retail 

16 establishment that has received or is likely to have 

17 received recalled product in the United States a 1- 

18 page summary notice containing product information 

19 of each food or food product subject to the Class I 

20 recall. 

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

22 Secretary shall require each retail establishment that 

23 receives a summary notice— 

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

25 at each cash register of the retail establishment; 


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

2 on the shelving unit on which the food or food 

3 product was sold; or 

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

5 that uses a customer card system to track cus6 tomer purchases or demographics— 

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

8 that purchased a recalled food or food 

9 product to inform the customer of the 

10 Class I recall; or 

11 ‘‘(ii) to make available to each cus12 tomer that purchased a recalled food or 

13 food product with a targeted coupon with 

14 information about the recalled food or food 

15 product. 

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

17 when necessary, with direct assistance from the Di18 rector of the Centers for Disease Control and Pre19 vention and the Centers of Excellence of the Food 

20 and Drug Administration, the Secretary shall pro21 vide assistance to regional, State, and local agencies 

22 to assist in carrying out this section through activi23 ties such as providing resources, including timely in24 formation concerning symptoms and tests, for front25 line health professionals interviewing individuals as 


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1 part of routine surveillance and outbreak investiga2 tions. 

3 ‘‘(4) AVAILABILITY OF LISTS OF RETAIL CON4 SIGNEES DURING FOOD RECALLS.—The Secretary 

5 shall make publicly available the names and loca6 tions of retail establishment consignees of recalled 

7 food or food products that the Secretary compiles in 

8 connection with a recall for which there is a reason9 able probability that the use of the food or food 

10 product could cause serious adverse health con11 sequences or death. 

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

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

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

15 with an opportunity for an informal hearing, to be 

16 held as soon as practicable but not later than 2 busi17 ness days after the issuance of the order. 

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

19 under paragraph (1), the Secretary shall consider 

20 the actions required by the order and any reasons 

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

22 not be recalled. 

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

24 ‘‘(1) AMENDMENT OF ORDER.—If, after pro25 viding an opportunity for an informal hearing under 


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1 subsection (e), the Secretary determines that there 

2 is a reasonable probability that the food that is the 

3 subject of an order under subsection (c), if con4 sumed, would present a threat to the public health, 

5 the Secretary, as the Secretary determines to be nec6 essary, may— 

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

8 the food or other appropriate action; 

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

10 shall occur; 

11 ‘‘(C) require periodic reports to the Sec12 retary describing the progress of the recall; and 

13 ‘‘(D) provide notice of the recall to con14 sumers to whom the food was, or may have 

15 been, distributed. 

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

17 an opportunity for an informal hearing under sub18 section (e), the Secretary determines that adequate 

19 grounds do not exist to continue the actions required 

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

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

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

23 exclusive of, other remedies that may be available. 

24 ‘‘SEC. 270. ENFORCEMENT AND ADMINISTRATION. 

25 ‘‘(a) CIVIL PENALTIES.— 


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1 ‘‘(1) CIVIL SANCTIONS.— 

2 ‘‘(A) CIVIL PENALTY.— 

3 ‘‘(i) IN GENERAL.—Any person that 

4 commits an act that violates the food safe5 ty law (including a regulation promulgated 

6 or order issued under a Federal food safety 

7 law) may be assessed a civil penalty by the 

8 Secretary of not more than $10,000 for 

9 each such act. 

10 ‘‘(ii) SEPARATE OFFENSE.—Each act 

11 described in clause (i) and each day during 

12 which that act continues shall be consid13 ered a separate offense. 

14 ‘‘(B) OTHER REQUIREMENTS.— 

15 ‘‘(i) WRITTEN ORDER.—The civil pen16 alty described in subparagraph (A) shall be 

17 assessed by the Secretary by a written 

18 order, which shall specify the amount of 

19 the penalty and the basis for the penalty 

20 under clause (ii) considered by the Sec21 retary. 

22 ‘‘(ii) AMOUNT OF PENALTY.—Subject 

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

24 civil penalty shall be determined by the 

25 Secretary, after considering— 


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

2 ‘‘(II) the degree of culpability of 

3 the person; 

4 ‘‘(III) the size and type of the 

5 business of the person; and 

6 ‘‘(IV) any history of prior of7 fenses by the person under the food 

8 safety law. 

9 ‘‘(iii) REVIEW OF ORDER.—The order 

10 may be reviewed only in accordance with 

11 paragraph (2). 

12 ‘‘(2) JUDICIAL REVIEW.— 

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

14 civil penalty under paragraph (1) shall be a 

15 final order unless the person— 

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

17 effective date of the order, files a petition 

18 for judicial review of the order in the 

19 United States court of appeals for the cir20 cuit in which that person resides or has its 

21 principal place of business or the United 

22 States Court of Appeals for the District of 

23 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 that is a regulated establishment or any other en14 tity involved in the food supply system (referred to 

15 in this subsection as a ‘covered individual’), may be 

16 discharged, demoted, suspended, threatened, har17 assed, or in any other manner discriminated against, 

18 because of any lawful act done by the covered indi19 vidual— 

20 ‘‘(A) to provide information, cause infor21 mation to be provided, or otherwise assist in an 

22 investigation regarding any conduct that the 

23 covered individual reasonably believes con24 stitutes a violation of this Act or a food safety 

25 law, including any related rules or regulations, 


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1 or that the covered individual reasonably be2 lieves constitutes a threat to the public health, 

3 if the information or assistance is provided to, 

4 or the investigation is conducted by— 

5 ‘‘(i) a Federal regulatory or law en6 forcement agency; 

7 ‘‘(ii) a Member or committee of Con8 gress; or 

9 ‘‘(iii) a person with supervisory au10 thority over the covered individual (or such 

11 other individual who has the authority to 

12 investigate, discover, or terminate mis13 conduct); 

14 ‘‘(B) to file, cause to be filed, testify, par15 ticipate in, or otherwise assist in a proceeding 

16 or action filed or about to be filed relating to 

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

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

19 violation of any law, rule, or regulation. 

20 ‘‘(2) ENFORCEMENT ACTION.— 

21 ‘‘(A) COMPLAINT.— 

22 ‘‘(i) IN GENERAL.—A covered indi23 vidual who alleges discharge or other dis24 crimination by any person in violation of 

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1 graph (3) by filing a complaint with the 

2 Secretary of Labor. 

3 ‘‘(ii) LEGAL ACTION.—If the Sec4 retary of Labor has not issued a final deci5 sion by the date that is 210 days after the 

6 date on which the complaint is filed and 

7 there is no showing that the delay is due 

8 to the bad faith of the claimant, the claim9 ant may bring an action at law or equity 

10 for de novo review in the appropriate dis11 trict court of the United States, which 

12 shall have jurisdiction over such an action 

13 without regard to the amount in con14 troversy. 

15 ‘‘(B) PROCEDURE.—An action under sub16 paragraph (A) shall be governed under the rules 

17 and procedures established in section 1012 of 

18 the Federal Food, Drug, and Cosmetic Act (21 

19 U.S.C. 399d). 

20 ‘‘(C) REMEDIES.—A covered individual 

21 who prevails in any action under subparagraph 

22 (A) shall be entitled to remedies equivalent to 

23 relief provided under section 1012(b)(4)(B) of 

24 the Federal Food, Drug, and Cosmetic Act (21 

25 U.S.C. 399d(b)(4)(B)). 


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1 ‘‘(3) APPLICABILITY.—This subsection shall 

2 apply and be carried out in accordance with section 

3 1012 of the Federal Food, Drug, and Cosmetic Act 

4 (21 U.S.C. 399d), including the relation of the whis5 tleblower protection provided under this subsection 

6 to the rights of employees, other laws, and inter7 national agreements, and the inability of an em8 ployee to waive the whistleblower protection. 

9 ‘‘(4) RIGHTS RETAINED BY THE COVERED INDI10 VIDUAL.— 

11 ‘‘(A) IN GENERAL.—Nothing in this sub12 section diminishes the rights, privileges, or rem13 edies of any covered individual under any Fed14 eral or State law, or under any collective bar15 gaining agreement. 

16 ‘‘(B) PROHIBITION ON WAIVER.—The 

17 rights and remedies in this subsection may not 

18 be waived by any agreement, policy, form, or 

19 condition of employment. 

20 ‘‘(d) ADMINISTRATION AND ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—For the efficient adminis22 tration and enforcement of the food safety law, the 

23 provisions (including provisions relating to penalties) 

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

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1 cept subsections (c) through (h) of section 6 of that 

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

3 of the Federal Trade Commission and the Attorney 

4 General to administer and enforce that Act, and to 

5 the rights and duties of persons with respect to 

6 whom the powers are exercised, shall apply to the ju7 risdiction, powers, and duties of the Secretary and 

8 the Attorney General in administering and enforcing 

9 the provisions of the food safety law and to the 

10 rights and duties of persons with respect to whom 

11 the powers are exercised, respectively. 

12 ‘‘(2) INQUIRIES AND ACTIONS.— 

13 ‘‘(A) IN GENERAL.—The Secretary, in per14 son or by such agents as the Secretary may 

15 designate, may prosecute any inquiry necessary 

16 to carry out the duties of the Secretary under 

17 the food safety law in any part of the United 

18 States. 

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

20 sections 9 and 10 of the Federal Trade Com21 mission Act (15 U.S.C. 49 and 50) on the 

22 United States district courts may be exercised 

23 for the purposes of this part by any United 

24 States district court of competent jurisdiction. 

25 ‘‘(e) CITIZEN CIVIL ACTIONS.— 


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

2 a civil action against the Secretary (in his or her ca3 pacity as the Secretary)— 

4 ‘‘(A) if the Secretary fails to perform an 

5 act or duty that is not discretionary under a 

6 food safety law and the failure to perform that 

7 act or duty presents a clear, demonstrated, and 

8 serious present threat to public health; but 

9 ‘‘(B) only after the person has— 

10 ‘‘(i) filed a petition with the Sec11 retary; and 

12 ‘‘(ii) given the Secretary 180 days to 

13 comply with nondiscretionary acts or du14 ties. 

15 ‘‘(2) COURT.— 

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

17 commenced in the United States district court 

18 for the district in which the defendant resides, 

19 is found, or has an agent. 

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

21 jurisdiction, without regard to the amount in 

22 controversy, or the citizenship of the parties, to 

23 require the Secretary to perform a nondis24 cretionary act or duty under a food safety law, 

25 if— 


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1 ‘‘(i) it is proven that— 

2 ‘‘(I)(aa) the act or duty is not 

3 discretionary and is critical to public 

4 health protection; and 

5 ‘‘(bb) the Secretary has the ap6 propriate financial resources to per7 form the act or duty; 

8 ‘‘(II)(aa) the Secretary was given 

9 180 days to perform the act or duty 

10 prior to the filing of an action; and 

11 ‘‘(bb) the Secretary did not per12 form the act or duty; and 

13 ‘‘(ii) the plaintiff presents credible evi14 dence, including, if applicable, evidence 

15 representing the current scientific knowl16 edge, that indicates that an act or duty 

17 necessary to regulate or control a food 

18 safety hazard has not been performed by 

19 the Secretary. 

20 ‘‘(C) DAMAGES.—The court may— 

21 ‘‘(i) require the Secretary to perform 

22 the act or duty in question towards a 

23 standard of protecting public health; and 

24 ‘‘(ii) award the plaintiff part or all of 

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1 torney’s fees and reasonable expert witness 

2 fees, if— 

3 ‘‘(I) awarding the fees is in the 

4 interest of justice; 

5 ‘‘(II) the failure of the Secretary 

6 to perform a required act or duty is 

7 found to be capricious or negligent; 

8 and 

9 ‘‘(III) awarding the fees would 

10 not reduce resources applied to public 

11 health inspections. 

12 ‘‘SEC. 271. ADMINISTRATIVE ENFORCEMENT METHOD13 OLOGY FOR SERIOUS VIOLATIONS. 

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

15 date of enactment of this section, the Secretary shall de16 velop a system of escalating penalties for situations in 

17 which there are serious or egregious violations of any food 

18 safety laws. 

19 ‘‘(b) METHODOLOGY.—The Secretary shall design 

20 the system under subsection (a) based on sound method21 ology so as to provide incentives to reduce repeated serious 

22 or egregious violations. 

23 ‘‘(c) DEFINITION.—For purposes of this section, the 

24 Secretary shall define the term ‘serious or egregious viola25 tion of any food safety law’, which— 


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1 ‘‘(1) shall include any current violations that 

2 are grounds for a suspension, withholding, or revoca3 tion of grant of inspection under a food safety law; 

4 and 

5 ‘‘(2) may include any other violations that con6 stitute a severe violation of major food safety law re7 quirements, which may include intransigent repeated 

8 noncompliance for less than serious violations that 

9 indicate a food establishment is unwilling or neg10 ligent to bring the food establishment into compli11 ance over a period of repeat circumstances lasting at 

12 least 1 year since the last documented severe viola13 tion. 

14 ‘‘SEC. 272. NONROUTINE INSPECTION FEES FOR REPEATED 

15 OR SERIOUS NONCOMPLIANCE. 

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

17 the date of enactment of this section, the Secretary shall 

18 establish performance-based fees for food establishments 

19 requiring nonroutine inspection services due to severe or 

20 repeated violations of food safety laws. 

21 ‘‘(b) INCLUSIONS.—Fees established under this sec22 tion shall include, at minimum, fees for— 

23 ‘‘(1) food safety assessments in response to se24 rious or repeated food safety violations; 


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1 ‘‘(2) humane handling assessments in response 

2 to serious or repeated violations of Public Law 85– 

3 765 (commonly known as the ‘Humane Methods of 

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

5 ‘‘(3) any actions or enhanced inspections associ6 ated with a mandatory recall; and 

7 ‘‘(4) follow-up microbiological testing associated 

8 with any nonroutine requirements. 

9 ‘‘(c) AMOUNT.—The Secretary shall establish the 

10 amount of the fees at a level that recuperates the full costs 

11 or a reasonable portion of the nonroutine inspection serv12 ices. 

13 ‘‘(d) SMALL AND VERY SMALL FOOD ESTABLISH14 MENTS.—The Secretary may adjust the terms, conditions, 

15 and rates of fees established under this section so as to 

16 minimize economic impacts on small and very small estab17 lishments. 

18 ‘‘(e) USE OF FEES.—The Secretary shall use any fees 

19 collected under this section to bolster inspection or other 

20 programs in the Office of Field Operations, without the 

21 need for further appropriation. 

22 ‘‘(f) GUIDANCE.—Not later than 1 year after the date 

23 of enactment of this section, the Secretary shall publish 

24 and make publically available guidance in the form of a 


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1 list of eligible types of violations for nonroutine inspection 

2 fees, including estimated rates for services.’’. 

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

4 the Department of Agriculture Reorganization Act of 

5 1994 (7 U.S.C. 7014(b)) is amended— 

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

7 end; 

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

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

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

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

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

13 SEC. 202. GOOD COMMERCIAL PRACTICES IN RECEIVING 

14 AND PROCESSING LIVE POULTRY. 

15 The Poultry Products Inspection Act is amended by 

16 inserting after section 9 (21 U.S.C. 458) the following: 

17 ‘‘SEC. 9A. GOOD COMMERCIAL PRACTICES IN RECEIVING 

18 AND PROCESSING LIVE POULTRY. 

19 ‘‘(a) IN GENERAL.—An establishment shall use rea20 sonable care, handling, lairage, slaughtering, and other 

21 good commercial practices, as defined by the Secretary 

22 through regulation, during the handling and processing of 

23 live poultry, including— 

24 ‘‘(1) to prevent injury, death by means other 

25 than slaughter, or other avoidable losses; and 


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1 ‘‘(2) to allow for prompt disposition or, if ap2 propriate, prompt euthanasia and sanitary disposal 

3 of severely injured, severely ill, incapacitated, dis4 tressed, or moribund live poultry. 

5 ‘‘(b) PROHIBITION.—An establishment shall not 

6 present poultry for slaughter if the poultry is— 

7 ‘‘(1) moribund, distressed, or incapacitated; or 

8 ‘‘(2) severely ill or injured. 

9 ‘‘(c) LIVE POULTRY PROCESSING PLAN.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall require 

11 establishments to implement, through the hazard 

12 analysis and critical control points plans of the es13 tablishments or by other appropriate means, a live 

14 poultry processing plan that includes— 

15 ‘‘(A) a euthanasia action plan; 

16 ‘‘(B) ante-mortem segregation and disposi17 tion procedures when appropriate for potentially 

18 severely injured, distressed, ill, incapacitated, or 

19 moribund poultry; 

20 ‘‘(C) facility outcome standards; 

21 ‘‘(D) employee training and competency re22 quirements; and 

23 ‘‘(E) such other requirements as are ap24 propriate to ensure that only live poultry are 


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1 presented for slaughter in accordance with this 

2 section and other applicable food safety laws. 

3 ‘‘(2) REQUIREMENT.—The implementation, de4 sign, and effectiveness of the practices contained in 

5 live poultry processing plans by establishments shall 

6 include routine agency veterinary oversight. 

7 ‘‘(3) REVIEW.—The Secretary shall review the 

8 requirements under paragraph (1) at least every 5 

9 years— 

10 ‘‘(A) to ensure the requirements reflect the 

11 principles of this section; and 

12 ‘‘(B) to consider new improvements in 

13 available practices and technology.’’. 

14 TITLE III—RESEARCH AND 

15 EDUCATION 

16 SEC. 301. DEFINITION OF SECRETARY. 

17 Except as otherwise provided, in this title, the term 

18 ‘‘Secretary’’ means the Secretary of Agriculture, acting 

19 through the Under Secretary of Food Safety. 

20 SEC. 302. PUBLIC HEALTH ASSESSMENT SYSTEM. 

21 (a) IN GENERAL.—The Secretary, acting in coordina22 tion with the Director of the Centers for Disease Control 

23 and Prevention and with the Research Education and Eco24 nomics mission area of the Department of Agriculture, 

25 shall— 


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1 (1) resolve data-sharing barriers, including 

2 those relating to the application of the Health Insur3 ance Portability and Accountability Act of 1996 

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

5 access to the applicable data systems of the Centers 

6 for Disease Control and Prevention and to the data7 bases made available by a State; 

8 (2) maintain an active surveillance system of 

9 food, food products, and epidemiological evidence 

10 submitted by States to the Centers for Disease Con11 trol and Prevention based on a representative pro12 portion of the population of the United States; 

13 (3) assess the frequency and sources of human 

14 illness in the United States associated with the con15 sumption of food; 

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

17 system and epidemiological system dedicated to 

18 foodborne illness identification, outbreaks, and con19 tainment; and 

20 (5) have access to the surveillance data created 

21 via monitoring and statistical studies conducted as 

22 part of inspections carried out by or for the Sec23 retary. 

24 (b) PUBLIC HEALTH SAMPLING.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall establish guidelines for a sampling system 

4 under which the Secretary shall take and analyze 

5 samples of food— 

6 (A) to assist the Secretary in carrying out 

7 this title; 

8 (B) to assess the nature, frequency of oc9 currence, and quantities of contaminants in 

10 food; and 

11 (C) to enforce this title and other food 

12 safety laws. 

13 (2) REQUIREMENTS.—The sampling system de14 scribed in paragraph (1) shall provide— 

15 (A) statistically valid monitoring, including 

16 market-based studies, on the nature, frequency 

17 of occurrence, and quantities of contaminants 

18 in food available to consumers; and 

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

20 other information, including analysis of moni21 toring and verification samples, as the Sec22 retary determines may be useful and appro23 priate in assessing the occurrence of contami24 nants in food. 

25 (c) ASSESSMENT OF HEALTH HAZARDS.— 


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1 (1) IN GENERAL.—Through the surveillance 

2 system referred to in subsection (a) and the sam3 pling system described in subsection (b), the Sec4 retary shall work in collaboration with the Director 

5 of the Centers for Disease Control and Prevention, 

6 the Commissioner of Food and Drugs, and other ap7 propriate Federal, State, local, and tribal agencies— 

8 (A) to rank food categories under the ju9 risdiction of the Secretary based on the hazard 

10 to human health presented by the food cat11 egory; 

12 (B) to identify appropriate industry and 

13 regulatory approaches to minimize hazards in 

14 the food supply; and 

15 (C) to assess the public health environment 

16 for emerging diseases, including zoonosis, for 

17 their risk of appearance in the United States 

18 food supply. 

19 (2) COMPONENTS OF ANALYSIS.—The analysis 

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

21 (A) a comparison of the safety of commer22 cial processing with the health hazards associ23 ated with food that is harvested for recreational 

24 or subsistence purposes and prepared non25 commercially; 


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

2 is domestically processed with the health haz3 ards associated with food that is processed out4 side the United States; 

5 (C) a description of contamination origi6 nating from handling practices that occur prior 

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

8 (D) use of comparative risk assessments. 

9 SEC. 303. PUBLIC EDUCATION AND ADVISORY SYSTEM. 

10 (a) PUBLIC EDUCATION.— 

11 (1) IN GENERAL.—The Secretary, in collabora12 tion with the Director of the Centers for Disease 

13 Control and Prevention and the Commissioner of 

14 Food and Drugs and in cooperation with private and 

15 public organizations, including the cooperative exten16 sion services and building on the efforts of appro17 priate State and local entities, shall establish a na18 tional public education program on food safety. 

19 (2) REQUIREMENTS.—The program shall pro20 vide— 

21 (A) information to the public regarding 

22 Federal standards and best practices and pro23 motion of public awareness, understanding, and 

24 acceptance of those standards and practices; 

25 (B) information for health professionals— 


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1 (i) to improve diagnosis and treatment 

2 of food-related illness; and 

3 (ii) to advise individuals at special 

4 risk for food-related illnesses; 

5 (C) information to increase consumer and 

6 health professional awareness of relative risks 

7 of different regulated products and consumer 

8 practices in preparing, handling, and consuming 

9 the products; and 

10 (D) such other information or advice to 

11 consumers and other persons as the Secretary 

12 determines will promote the purposes of this 

13 subtitle. 

14 (b) HEALTH ADVISORIES.—The Secretary, in con15 sultation with other Federal departments and agencies as 

16 the Secretary determines necessary, shall work with the 

17 States and other appropriate entities— 

18 (1) to develop and distribute regional and na19 tional advisories concerning food safety; 

20 (2) to develop standardized formats for written 

21 and broadcast advisories; 

22 (3) to incorporate State and local advisories 

23 into the national public education program estab24 lished under subsection (a); and 


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1 (4) to present prompt, specific information re2 garding foods found to pose a threat to the public 

3 health. 

4 SEC. 304. RESEARCH. 

5 (a) IN GENERAL.—The Secretary, acting through the 

6 Under Secretary for Research, Education, and Economics, 

7 shall conduct research to carry out this title and improve 

8 food safety, including studies— 

9 (1) to improve sanitation and food safety prac10 tices in the processing of food; 

11 (2) to develop improved techniques to monitor 

12 and inspect food; 

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

14 methods to detect contaminants in food; 

15 (4) to determine the sources of contamination 

16 of contaminated food; 

17 (5) to develop food consumption data; 

18 (6) to identify ways that animal production 

19 techniques could improve the safety of the food sup20 ply; 

21 (7) to draw upon research and educational pro22 grams that exist at the State and local level; 

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

24 processes to identify and control pathogens; 


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1 (9) to address common and emerging zoonotic 

2 diseases; 

3 (10) to develop methods to reduce or destroy 

4 harmful pathogens before, during, and after proc5 essing; 

6 (11) to analyze the incidence of antibiotic re7 sistance as the resistance pertains to the food supply 

8 and develop new methods to reduce the transfer of 

9 antibiotic resistance to humans; 

10 (12) to conduct research to inform risk commu11 nications, including— 

12 (A) conducting studies regarding the 

13 knowledge and behavior of industry, health pro14 fessionals, consumers, and other appropriate 

15 stakeholders towards food safety; and 

16 (B) developing a protocol that will balance 

17 public welfare needs associated with the food 

18 safety research of the Department of Agri19 culture and the requirements of chapter 35 of 

20 title 44, United States Code (commonly known 

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

22 for the time-sensitive nature of communicating 

23 with the public about food safety programs; 

24 (13) to improve live animal health, handling, 

25 transport, and slaughter methods; and 


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1 (14) to conduct other research that supports 

2 the purposes of this title. 

3 (b) CONTRACT AUTHORITY.—The Secretary may 

4 enter into contracts and agreements with any State, insti5 tution of higher education, Federal Government agency, 

6 or person to carry out this section. 

7 TITLE IV—CRIMINAL PENALTIES 

8 AND OTHER PROVISIONS 

9 SEC. 401. CRIMINAL PENALTIES. 

10 (a) POULTRY PRODUCTS INSPECTION ACT.—Section 

11 12 of the Poultry Products Inspection Act (21 U.S.C. 

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

13 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

14 UNSAFE FOOD.— 

15 ‘‘(1) CRIMINAL SANCTIONS.— 

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

17 subparagraph (B), a person that knowingly pro18 duces or introduces into commerce poultry or a 

19 poultry product that is unsafe or otherwise 

20 adulterated or misbranded shall be imprisoned 

21 for not more than 10 years or fined not more 

22 than $25,000, or both. 

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

24 commits a violation described in subparagraph 

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


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1 subsection has become final, or commits such a 

2 violation with the intent to defraud or mislead, 

3 shall be imprisoned for not more than 20 years 

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

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

6 Secretary shall deposit penalties collected under this 

7 subsection in the account described in section 

8 270(a)(4) of the Department of Agriculture Reorga9 nization Act of 1994. 

10 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS11 ECUTE.—Nothing in this subsection requires the 

12 Secretary to report for prosecution, or for the com13 mencement of an action, a violation described in 

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

15 that the public interest will be adequately served by 

16 the assessment of a civil penalty. 

17 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem18 edies provided in this subsection are in addition to, 

19 and not exclusive of, other remedies that may be 

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

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

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

23 amended by adding at the end the following: 

24 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

25 UNSAFE FOOD.— 


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1 ‘‘(1) CRIMINAL SANCTIONS.— 

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

3 subparagraph (B), a person that knowingly pro4 duces or introduces into commerce meat or a 

5 meat food product that is unsafe or otherwise 

6 adulterated or misbranded shall be imprisoned 

7 for not more than 10 years or fined not more 

8 than $25,000, or both. 

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

10 commits a violation described in subparagraph 

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

12 subsection has become final, or commits such a 

13 violation with the intent to defraud or mislead, 

14 shall be imprisoned for not more than 20 years 

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

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

17 Secretary shall deposit penalties collected under this 

18 subsection in the account described in section 

19 270(a)(4) of the Department of Agriculture Reorga20 nization Act of 1994. 

21 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS22 ECUTE.—Nothing in this subsection requires the 

23 Secretary to report for prosecution, or for the com24 mencement of an action, a violation described in 

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


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1 that the public interest will be adequately served by 

2 the assessment of a civil penalty. 

3 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem4 edies provided in this subsection are in addition to, 

5 and not exclusive of, other remedies that may be 

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

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

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

9 amended by adding at the end the following: 

10 ‘‘(f) KNOWING INTRODUCTION INTO COMMERCE OF

11 UNSAFE FOOD.— 

12 ‘‘(1) CRIMINAL SANCTIONS.— 

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

14 subparagraph (B), a person that knowingly pro15 duces or introduces into commerce eggs or egg 

16 products that are unsafe or otherwise adulter17 ated or misbranded shall be imprisoned for not 

18 more than 10 years or fined not more than 

19 $25,000, or both. 

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

21 commits a violation described in subparagraph 

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

23 subsection has become final, or commits such a 

24 violation with the intent to defraud or mislead, 


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1 shall be imprisoned for not more than 20 years 

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

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

4 Secretary shall deposit penalties collected under this 

5 subsection in the account described in section 

6 270(a)(4) of the Department of Agriculture Reorga7 nization Act of 1994. 

8 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS9 ECUTE.—Nothing in this subsection requires the 

10 Secretary to report for prosecution, or for the com11 mencement of an action, a violation described in 

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

13 that the public interest will be adequately served by 

14 the assessment of a civil penalty. 

15 ‘‘(4) REMEDIES NOT EXCLUSIVE.—The rem16 edies provided in this subsection are in addition to, 

17 and not exclusive of, other remedies that may be 

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

19 SEC. 402. ONGOING ASSESSMENT OF OCCUPATIONAL 

20 HEALTH. 

21 Not later than 2 years after the date of enactment 

22 of this Act, and not less than every 2 years thereafter, 

23 the Secretary of Agriculture, acting through the Under 

24 Secretary of Food Safety, in cooperation with the Director 

25 of the National Institute for Occupational Safety and 


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1 Health and the Assistant Secretary of Labor for Occupa2 tional Safety and Health, shall publish a report that— 

3 (1) describes occupational health and safety 

4 trends throughout federally inspected establish5 ments; and 

6 (2) includes recommendations for improving en7 vironmental health for private and Federal employ8 ees, including findings of appropriate maximum line 

9 speed allowances in processing and slaughter estab10 lishments, as determined by the Secretary of Labor 

11 in consultation with the Secretary of Agriculture to 

12 ensure an appropriate level of occupational safety. 

13 SEC. 403. REPORTS AND EVALUATION OF IMPLEMENTA14 TION. 

15 (a) SECRETARY.— 

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

17 the date of enactment of this Act and each of the 

18 following 2 years, the Secretary of Agriculture shall 

19 submit to Congress a report that— 

20 (A) describes the progress of the Secretary 

21 in implementing this Act and the amendments 

22 made by this Act; 

23 (B) includes any requests for additional re24 sources or clarification or modification of policy; 

25 and 


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1 (C) suggests any necessary technical or 

2 conforming amendments. 

3 (2) PUBLIC HEALTH INFORMATION SYSTEM.— 

4 Not later than 1 year after the date of enactment 

5 of this Act and each of the following 3 years, the 

6 Secretary of Agriculture shall submit to Congress a 

7 report that describes— 

8 (A) the effectiveness of the public health 

9 information system of the Food Safety and In10 spection Service; 

11 (B) whether the system is effective, accu12 rate, and reflects actual program implementa13 tion; and 

14 (C) whether data contained in the system 

15 is usable to evaluate public health programs. 

16 (b) COMPTROLLER GENERAL.—Not later than 5 

17 years after the date of enactment of this Act, the Comp18 troller General of the United States shall— 

19 (1) carry out a comprehensive evaluation of the 

20 implementation and effectiveness of the implementa21 tion of this Act and the amendments made by this 

22 Act, including— 

23 (A) management of agency resources; 

24 (B) the ability of industry to comply; and 


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1 (C) the public health and food safety out2 comes achieved; and 

3 (2) submit to Congress a report describing the 

4 results of the evaluation. 

5 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—Subject to subsection (b), there 

7 are authorized to be appropriated to carry out this Act 

8 and the amendments made by this Act such sums as are 

9 necessary for each fiscal year. 

10 (b) LIMITATION ON APPROPRIATIONS.— 

11 (1) IN GENERAL.—For the fiscal year that in12 cludes the date of enactment of this Act, the amount 

13 authorized to be appropriated to carry out this Act 

14 (other than section 304) and the amendments made 

15 by this Act shall not exceed— 

16 (A) the amount appropriated for that fiscal 

17 year for the Food Safety and Inspection Serv18 ice, including any additional separate appro19 priations for the activities of the Under Sec20 retary for Food Safety; or 

21 (B) the amount appropriated for the Food 

22 Safety and Inspection Service and the Under 

23 Secretary for Food Safety for the preceding fis24 cal year, if as of the date of enactment of this 

25 Act, the relevant appropriations for the fiscal 


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1 year that includes the date of enactment of this 

2 Act have not yet been made. 

3 (2) RESEARCH.—For the fiscal year that in4 cludes the date of enactment of this Act, the amount 

5 authorized to be appropriated to carry out section 

6 304 shall not exceed— 

7 (A) the amount appropriated for that fiscal 

8 year for the research, education, and economics 

9 mission area of the Department of Agriculture, 

10 including any additional separate appropria11 tions for the activities of the Under Secretary 

12 for Research, Education, and Economics; or 

13 (B) the amount appropriated for the re14 search, education, and economics mission area 

15 of the Department of Agriculture and the 

16 Under Secretary for Research, Education, and 

17 Economics for the preceding fiscal year, if as of 

18 the date of enactment of this Act, the relevant 

19 appropriations for the fiscal year that includes 

20 the date of enactment of this Act have not yet 

21 been made. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS