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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Meat and 
Poultry Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
                     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.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the safety of the food supply of the United States is 
        vital to the public health, public confidence in the food 
        supply, and the success of the food sector of the economy of 
        the United States;
            (2) lapses in the protection of the food supply and the 
        loss of public confidence that results from foodborne illness 
        outbreaks and food recalls are damaging to consumers and the 
        food industry, and place a burden on interstate commerce and 
        international trade;
            (3) the Food Safety and Inspection Service of the 
        Department of Agriculture has jurisdiction over meat, poultry, 
        and egg products;
            (4)(A) events recent to the date of enactment of this Act 
        demonstrate that the food safety system administered by the 
        Food Safety and Inspection Service is not effective in 
        controlling risk in regulated food; and
            (B) these events have adversely affected consumer 
        confidence;
            (5) new and emerging pathogens such as antibiotic-resistant 
        Salmonella, and enterohemorrhagic (EHEC) Shiga toxin-producing 
        serotypes of Escherichia coli (E. coli) place an increasing 
        number of people at high risk for foodborne illness;
            (6) several court decisions, relying on outdated 
        understandings of the risks and nature of microbiological 
        contaminants, have issued rulings that impose barriers to 
        reasonable efforts by the Food Safety and Inspection Service to 
        prevent foodborne illness;
            (7) Federal food safety standard setting, inspection, 
        enforcement, and research efforts should be based on the best 
        available science and public health considerations, and food 
        safety resources should be deployed in ways that most 
        effectively prevent foodborne illness;
            (8) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 
        was first enacted in 1907, the Poultry Products Inspection Act 
        (21 U.S.C. 451 et seq.) was first enacted in 1957, and the last 
        substantial amendment to those laws occurred 44 years before 
        the date of enactment of this Act;
            (9) Congress passed the Department of Agriculture 
        Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), 
        establishing the office of the Under Secretary of Agriculture 
        for Food Safety in order to centralize and modernize the food 
        safety system at the Department of Agriculture; and
            (10) improving Federal oversight of food safety requires a 
        modern food safety mandate and clear authorities to effectively 
        protect the public from foodborne diseases associated with the 
        products that the Food Safety and Inspection Service regulates.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish an effective, preventive food safety 
        system administered by the Food Safety and Inspection Service--
                    (A) to regulate food safety and labeling to 
                strengthen the protection of the public health;
                    (B) to focus new attention on pathogens of public 
                health significance, such as EHEC, including Shiga 
                toxin-producing E. coli (STEC), and Salmonella strains, 
                including strains that are antibiotic resistant; and
                    (C) to participate with the Food and Drug 
                Administration in an integrated, systemwide approach to 
                food safety and to make more effective and efficient 
                use of resources to prevent foodborne illness;
            (2) to modernize and strengthen the Federal food safety 
        system to ensure more effective application and efficient 
        management of the laws for the protection and improvement of 
        public health; and
            (3) to establish that food establishments have 
        responsibility to ensure that all stages of production, 
        processing, and distribution of the products of the food 
        establishments, or under the control of the food 
        establishments, satisfy the requirements of this Act.

                     TITLE I--SAFE MEAT AND POULTRY

SEC. 101. DEFINITION OF ADULTERATED.

    (a) Meat and Meat Food Products.--Section 1(m) of the Federal Meat 
Inspection Act (21 U.S.C. 601(m)) is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(10) if it bears or contains a pathogen or contaminant 
        associated with serious illness or death.''.
    (b) Poultry and Poultry Products.--Section 4(g) of the Poultry 
Products Inspection Act (21 U.S.C. 453(g)) is amended--
            (1) in paragraph (7), by striking ``or'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(9) if it bears or contains a pathogen or contaminant 
        associated with serious illness or death.''.
    (c) Eggs and Egg Products.--Section 4(a) of the Egg Products 
Inspection Act (21 U.S.C. 1033(a)) is amended--
            (1) in paragraph (7), by striking ``or'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(9) if it bears or contains a pathogen or contaminant 
        associated with serious illness or death.''.

                         TITLE II--FOOD SAFETY

SEC. 201. FOOD SAFETY.

    (a) In General.--Subtitle G of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6981 et seq.) is amended--
            (1) by inserting after the subtitle heading the following:

                      ``PART I--ADMINISTRATION'';

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

                         ``PART II--FOOD SAFETY

``SEC. 263. DEFINITIONS.

    ``In this part:
            ``(1) Adulterated.--
                    ``(A) In general.--The term `adulterated' has the 
                meaning given the term in--
                            ``(i) in the case of poultry or a poultry 
                        product, section 4 of the Poultry Products 
                        Inspection Act (21 U.S.C. 453);
                            ``(ii) in the case of meat or a meat food 
                        product, section 1 of the Federal Meat 
                        Inspection Act (21 U.S.C. 601); and
                            ``(iii) in the case of an egg or egg 
                        product, section 4 of the Egg Products 
                        Inspection Act (21 U.S.C. 1033).
                    ``(B) Inclusion.--The term `adulterated' includes 
                bearing or containing a contaminant that has the 
                potential to cause illness or death among sensitive 
                populations.
            ``(2) Agency.--The term `agency' has the meaning given the 
        term in section 551 of title 5, United States Code.
            ``(3) Contaminant.--The term `contaminant' includes a 
        biological, chemical, physical, or radiological food safety 
        hazard that when found on or in food can cause human illness, 
        injury, or death.
            ``(4) Contamination.--The term `contamination' refers to 
        the presence of a contaminant in food.
            ``(5) Food.--The term `food' means--
                    ``(A) a meat or a meat food product (within the 
                meaning of the Federal Meat Inspection Act (21 U.S.C. 
                601 et seq.));
                    ``(B) an egg or egg product (as defined in section 
                4 of the Egg Products Inspection Act (21 U.S.C. 1033)); 
                or
                    ``(C) a poultry or poultry product (as defined in 
                section 4 of the Poultry Products Inspection Act (21 
                U.S.C. 453)).
            ``(6) Food establishment.--
                    ``(A) In general.--The term `food establishment' 
                means a slaughterhouse, factory, warehouse, or facility 
                owned or operated by a person located in any State that 
                processes food or a facility that holds, stores, or 
                transports food or food ingredients.
                    ``(B) Exclusions.--The term `food establishment' 
                does not include a farm, restaurant, other retail food 
                establishment, or nonprofit food establishment in which 
                food is prepared for or served directly to the 
                consumer.
            ``(7) Food safety law.--The term `food safety law' means--
                    ``(A) the Poultry Products Inspection Act (21 
                U.S.C. 451 et seq.);
                    ``(B) the Federal Meat Inspection Act (21 U.S.C. 
                601 et seq.);
                    ``(C) the Egg Products Inspection Act (21 U.S.C. 
                1031 et seq.);
                    ``(D) the provisions of Public Law 85-765 (commonly 
                known as the `Humane Methods of Slaughter Act of 1958') 
                (7 U.S.C. 1901 et seq.) administered by the Food Safety 
                and Inspection Service;
                    ``(E) this part; and
                    ``(F) such other provisions of law relating to and 
                requiring food safety, labeling, inspection, and 
                enforcement as the President designates by Executive 
                order as appropriate to include within the jurisdiction 
                of the Secretary.
            ``(8) Foreign food establishment.--The term `foreign food 
        establishment' means a slaughterhouse, factory, warehouse, or 
        facility located outside the United States that processes food 
        for consumption that is imported into the United States or food 
        ingredients.
            ``(9) Interstate commerce.--The term `interstate commerce' 
        has the meaning given the term in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            ``(10) Misbranded.--The term `misbranded' has the meaning 
        given the term in--
                    ``(A) in the case of poultry or a poultry product, 
                section 4 of the Poultry Products Inspection Act (21 
                U.S.C. 453);
                    ``(B) in the case of meat or a meat food product, 
                section 1 of the Federal Meat Inspection Act (21 U.S.C. 
                601); and
                    ``(C) in the case of an egg or egg product, section 
                4 of the Egg Products Inspection Act (21 U.S.C. 1033).
            ``(11) Process.--The term `process' or `processing' means 
        the commercial harvesting, slaughter, packing, preparation, or 
        manufacture of food.
            ``(12) Safe.--The term `safe' refers to human and animal 
        health.
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Under Secretary of Food 
        Safety.
            ``(14) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico; and
                    ``(D) any other territory or possession of the 
                United States.
            ``(15) Statistically valid.--The term `statistically valid' 
        means, with respect to a study, evaluated and conducted under 
        standards established by the National Institute of Standards 
        and Technology.

``SEC. 264. PERFORMANCE STANDARDS FOR FOOD SAFETY.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate level of protection.--The term 
        `appropriate level of protection' means a level of food safety 
        and public health protection that--
                    ``(A) if achievable by commercially available 
                techniques, reduces a known pathogen or contaminant to 
                a level that does not present a demonstrated risk of 
                illness or death to consumers, including sensitive 
                groups; or
                    ``(B) in all other cases, is the lowest reasonably 
                achievable level of a microbiologic or contaminant food 
                safety hazard that can best protect public health.
            ``(2) Food safety objective.--The term `food safety 
        objective' means an objective that establishes the maximum 
        frequency or concentration of a microbial or contaminant hazard 
        in a regulated food product at the time of handling and 
        consumption by a consumer that still provides the appropriate 
        level of protection.
            ``(3) Pathogen reduction performance standard.--The term 
        `pathogen reduction performance standard' means a standard that 
        establishes the degree to which a step or combination of steps 
        in the production, processing, distribution, or preparation of 
        a food must operate to achieve the required level of control 
        over microbiological contamination.
            ``(4) Performance criteria.--The term `performance 
        criteria' means a criteria that establishes the effect of one 
        or more control measures needed to meet or contribute to meet a 
        performance objective.
            ``(5) Performance objective.--The term `performance 
        objective' means an objective that establishes the maximum 
        frequency or concentration of a microbial or contaminant hazard 
        in a regulated food product during a processing step that 
        contributes to the achievement of a food safety objective or 
        other end measure or a performance standard.
            ``(6) Public health goals and objectives.--The term `public 
        health goals and objectives' means goals and objectives 
        establishing the desired outcome associated with reducing the 
        burden of foodborne disease in society.
    ``(b) Standards, Goals, and Objectives.--In order to protect the 
public health and promote food safety, the Secretary shall prescribe--
            ``(1) pathogen surveys to determine current levels of food 
        contamination and to enable the Secretary to assess compliance;
            ``(2) public health goals and objectives; and
            ``(3) pathogen reduction performance standards--
                    ``(A) to reduce pathogens in food; and
                    ``(B) to achieve public health goals and 
                objectives.
    ``(c) List of Pathogens.--
            ``(1) In general.--In consultation with the Secretary of 
        Health and Human Services, and taking into account data 
        available from the Centers for Disease Control and Prevention, 
        the Secretary shall identify the pathogens that make a 
        significant contribution to the total burden of foodborne 
        disease associated with food.
            ``(2) Publication; updates.--The Secretary shall--
                    ``(A) publish a list of the pathogens described in 
                paragraph (1) not later than 180 days after the date of 
                enactment of this section; and
                    ``(B) update and publish the list annually 
                thereafter.
    ``(d) Pathogen Surveys.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall initiate the 
        planning and subsequent implementation of comprehensive surveys 
        to determine the current levels and incidence of contamination 
        of food products with the pathogens listed under subsection 
        (c), including the variation in levels and incidence of 
        contamination among establishments.
            ``(2) Publication.--Not later than 2 years after the date 
        of enactment of this section, the Secretary shall compile, and 
        publish in the Federal Register, the results of the surveys.
            ``(3) Updates.--At least once every 3 years after the 
        preceding surveys are conducted, the Secretary shall--
                    ``(A) conduct surveys described in paragraph (1); 
                and
                    ``(B) compile and publish the results of the 
                surveys in accordance with paragraph (2).
    ``(e) Public Health Goals and Objectives.--
            ``(1) In general.--Not later than 1 year after the 
        completion of pathogen surveys under subsection (d), and in 
        coordination with the Secretary of Health and Human Services 
        and the Director of the Centers for Disease Control and 
        Prevention, the Secretary shall establish public health goals 
        and food safety objectives to achieve measurable population-
        based targets and food safety targets for the reduction of 
        foodborne illness and the exposure of the public to pathogens.
            ``(2) Requirements.--The goals described in subsection 
        (b)(2) shall be updated every 2 years according to current 
        epidemiological studies in foodborne illness and the most 
        recently updated information from the Centers for Disease 
        Control and Prevention about the prevalence of foodborne 
        illness.
    ``(f) Pathogen Reduction Performance Standards.--
            ``(1) In general.--The pathogen reduction performance 
        standards required under subsection (b) shall ensure the lowest 
        level or incidence of contamination that is reasonably 
        achievable using the best available processing technology and 
        practices.
            ``(2) Current contamination.--In determining what is 
        reasonably achievable, the Secretary shall consider data on 
        current levels or incidence of contamination, including what is 
        being achieved by establishments in the upper quartile of 
        performance in controlling the level or incidence of 
        contamination.
            ``(3) Initial pathogens.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall propose 
        pathogen reduction performance standards for at least 2 
        pathogens from the list published under subsection (c).
            ``(4) Subsequent pathogens.--Not later than 1 year after 
        proposing pathogen reduction standards for the initial 
        pathogens under paragraph (3), and annually thereafter, the 
        Secretary shall propose a pathogen reduction performance 
        standard for at least 1 pathogen each year from the list 
        published under subsection (c) until standards have been 
        proposed for all pathogens on the list.
            ``(5) Final standards.--Not later than 1 year after 
        proposing a pathogen reduction standard for a pathogen under 
        this subsection, the Secretary shall promulgate a final 
        pathogen reduction standard and propose sampling standards and 
        procedures for the pathogen in regulated products.
    ``(g) Performance Standards.--The performance standards established 
under this section shall include--
            ``(1) food safety objectives that set the level of a 
        contaminant that provides the appropriate level of protection;
            ``(2) zero tolerances, including zero tolerances for fecal 
        matter, in addition to any zero-tolerance standards in effect 
        on the day before the date of enactment of this section, when 
        necessary to protect against significant adverse health 
        outcomes;
            ``(3) performance objectives, such as log reduction 
        criteria for cooked products, when sufficient to ensure the 
        safety of processed food;
            ``(4) in the absence of data to support a performance 
        standard described in paragraph (1), (2), or (3), as determined 
        by the Secretary, standards that define required performance in 
        terms of best reasonably achievable performance, using best 
        available technologies, interventions, and practices; or
            ``(5) any other food safety objectives or performance 
        criteria, as determined by the Secretary.
    ``(h) Review of Standards.--
            ``(1) In general.--Not later than 3 years after 
        promulgation of a final pathogen reduction performance standard 
        for a pathogen under subsection (f)(5), the Secretary shall 
        review each standard to determine whether the standard 
        continues to ensure the lowest level or incidence of 
        contamination that is reasonably achievable using the best 
        available processing technology and practices, taking into 
        account the most recent survey conducted under subsection (d).
            ``(2) Public health goals.--The goals described in 
        subsection (e) shall be--
                    ``(A) used in addition to the most recent survey 
                conducted under subsection (d) to evaluate the pathogen 
                performance standards set by the Secretary; and
                    ``(B) considered when the Secretary reviews and 
                revises the final pathogen reduction performance 
                standards in accordance with subsection (f).
            ``(3) Revisions.--The Secretary shall revise the standards, 
        as necessary, to comply with subsection (f).
    ``(i) Enforcement.--
            ``(1) Sampling program.--
                    ``(A) In general.--Not later than 1 year after the 
                promulgation of a performance standard under this 
                section, the Secretary shall implement a sampling 
                program to determine whether food establishments are 
                complying with the performance standards promulgated 
                under this section.
                    ``(B) Requirement.--The program established under 
                this paragraph shall be at least as stringent as the 
                Hazard Analysis and Critical Control Point System 
                requirements established under part 417 of title 9, 
                Code of Federal Regulations (or successor regulation).
            ``(2) Inspections.--If the Secretary determines that a food 
        establishment fails to meet a standard promulgated under this 
        section, and the food establishment fails to take appropriate 
        corrective action as determined by the Secretary, the Secretary 
        shall, as appropriate--
                    ``(A) order a recall of food from the food 
                establishment under section 269;
                    ``(B) require enhanced inspection of the food 
                establishment;
                    ``(C) withdraw the mark of inspection from the food 
                establishment; or
                    ``(D) take other appropriate enforcement action 
                concerning the food establishment, including revocation 
                of the grant of inspection.
    ``(j) Newly Identified Contaminants.--Notwithstanding any other 
provision of this section, the Secretary shall promulgate interim 
performance standards for newly identified contaminants as necessary to 
prevent disease outbreaks or other hazards to the public health.
    ``(k) Enforcement of Certain Regulations.--The Secretary shall 
ensure that, as compared to regulations under chapter III of title 9, 
Code of Federal Regulations, that are in effect as of September 1, 
2013, regulations promulgated under this part relating to--
            ``(1) carcass inspection and safety are at least as 
        stringent;
            ``(2) the frequency of inspection services are at least as 
        frequent; and
            ``(3) staffing levels are at least as high so as to ensure 
        public health.

``SEC. 265. PATHOGEN REDUCTION AND TESTING.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section or the subsequent adoption of performance 
standards under section 264, the Secretary shall require that food 
establishments described in subsection (b) sample for the presence of 
identified pathogens at any points in production or processing that are 
identified by the Secretary.
    ``(b) Application.--This section applies to--
            ``(1)(A) all slaughterhouses or processing establishments 
        that produce more than 25,000 pounds of trim per day; or
            ``(B) grinding facilities that grind more than 25,000 
        pounds of trim or bench trim per day; and
            ``(2) effective beginning on the date that is 3 years after 
        the date of enactment of this section--
                    ``(A) to all food establishments that produce or 
                grind trim or bench trim; and
                    ``(B) such other food establishments as are 
                designated by the Secretary.
    ``(c) Administration.--To carry out this section, the Secretary 
shall--
            ``(1) establish sampling standards and procedures;
            ``(2) define appropriate sampling plans for food 
        establishments through guidance documents;
            ``(3) promulgate regulations that require that the food 
        establishment takes corrective action when violative products 
        are found through testing and establishes measures to prevent 
        reoccurrence; and
            ``(4) upon inspection, review the definition of lot sizes 
        established by food establishments to ensure that--
                    ``(A) there is a rational justification for the lot 
                size; and
                    ``(B) no lot is more than 2,000 pounds.
    ``(d) Testing.--Food establishments undertaking testing under this 
section shall use--
            ``(1) sampling standards and procedures determined by the 
        Secretary under section 264(f)(5); and
            ``(2) a laboratory accredited under section 266.

``SEC. 266. LABORATORY ACCREDITATION.

    ``(a) Recognition of Laboratory Accreditation.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall--
                    ``(A) establish a program for the testing of meat 
                and meat food products by accredited laboratories;
                    ``(B) establish and maintain on the Internet Web 
                site of the Department an up-to-date and publicly 
                available registry of accreditation bodies recognized 
                by the Secretary and laboratories accredited by a 
                recognized accreditation body, including the name of, 
                contact information for, and other information 
                considered appropriate by the Secretary about the 
                accreditation bodies and laboratories; and
                    ``(C) require, as a condition of recognition or 
                accreditation, as appropriate, that recognized 
                accreditation bodies and accredited laboratories report 
                to the Secretary any changes that would affect the 
                recognition of the accreditation body or the 
                accreditation of the laboratory.
            ``(2) Program requirements.--The program established under 
        paragraph (1)(A) shall provide for the recognition of 
        laboratory accreditation bodies that meet criteria established 
        by the Secretary for accreditation of laboratories, including 
        independent private laboratories and laboratories run and 
        operated by a Federal agency (including the Department of 
        Commerce), State, or locality with a demonstrated capability to 
        conduct one or more sampling and analytical testing 
        methodologies for meat and meat food products.
            ``(3) Increasing the number of qualified laboratories.--The 
        Secretary shall work with the laboratory accreditation bodies 
        recognized under paragraph (1), as appropriate, to increase the 
        number of qualified laboratories that are eligible to perform 
        testing under this subsection beyond the number so qualified on 
        the date of enactment of this section.
            ``(4) Limited distribution.--In the interest of national 
        security, the Secretary, in coordination with the Secretary of 
        Homeland Security, may determine the time, manner, and form in 
        which the registry established under paragraph (1)(B) is made 
        publicly available.
            ``(5) Foreign laboratories.--Accreditation bodies 
        recognized by the Secretary under paragraph (1) may accredit 
        laboratories that operate outside the United States, so long as 
        the laboratories meet the accreditation standards applicable to 
        domestic laboratories accredited under this subsection.
            ``(6) Model laboratory standards.--
                    ``(A) In general.--The Secretary shall develop 
                model standards that a laboratory shall meet to be 
                accredited by a recognized accreditation body for a 
                specified sampling or analytical testing methodology 
                and included in the registry provided for under 
                paragraph (1).
                    ``(B) Requirements.--In developing the model 
                standards, the Secretary shall--
                            ``(i) consult existing standards for 
                        guidance; and
                            ``(ii) include--
                                    ``(I) methods to ensure that--
                                            ``(aa) appropriate 
                                        sampling, analytical procedures 
                                        (including rapid analytical 
                                        procedures), and commercially 
                                        available techniques are 
                                        followed and reports of 
                                        analyses are certified as true 
                                        and accurate;
                                            ``(bb) internal quality 
                                        systems are established and 
                                        maintained;
                                            ``(cc) procedures exist to 
                                        evaluate and respond promptly 
                                        to complaints regarding 
                                        analyses and other activities 
                                        for which the laboratory is 
                                        accredited; and
                                            ``(dd) individuals who 
                                        conduct the sampling and 
                                        analyses are qualified by 
                                        training and experience to do 
                                        so; and
                                    ``(II) any other criteria 
                                determined appropriate by the 
                                Secretary.
            ``(7) Review of recognition.--To ensure compliance with the 
        requirements of this subsection, the Secretary--
                    ``(A) shall periodically, and in no case less 
                frequently than once every 5 years, reevaluate 
                accreditation bodies recognized under paragraph (1) and 
                may accompany auditors from an accreditation body to 
                assess whether the accreditation body meets the 
                criteria for recognition; and
                    ``(B) shall promptly revoke the recognition of any 
                accreditation body found not to be in compliance with 
                the requirements of this subsection, specifying, as 
                appropriate, any terms and conditions necessary for 
                laboratories accredited by the accreditation body to 
                continue to perform testing as described in this 
                subsection.
    ``(b) Testing Procedures.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of this section, food testing shall be conducted 
        by Federal laboratories or non-Federal laboratories that have 
        been accredited for the appropriate sampling or analytical 
        testing methodology or methodologies by a recognized 
        accreditation body on the registry established by the Secretary 
        under subsection (a)(1)(B)--
                    ``(A) in response to a specific testing requirement 
                under this Act (including implementing regulations), 
                when applied to address an identified or suspected meat 
                or meat food product safety problem; and
                    ``(B) as required by the Secretary, as the 
                Secretary considers appropriate, to address an 
                identified or suspected food safety problem.
            ``(2) Results of testing.--
                    ``(A) In general.--The results of any testing under 
                this section shall be sent directly to the applicable 
                food establishment and the Secretary, unless the 
                Secretary by regulation exempts test results from the 
                submission requirement if the Secretary determines that 
                the results do not contribute to the protection of 
                public health.
                    ``(B) Electronic submission.--Test results required 
                to be submitted may be submitted to the Secretary 
                through electronic means.
            ``(3) Exception.--The Secretary may waive requirements 
        under this subsection if--
                    ``(A) a new methodology has been developed and 
                validated but a laboratory has not yet been accredited 
                to perform the methodology; and
                    ``(B) the use of the methodology is necessary to 
                prevent, control, or mitigate a food emergency or 
                foodborne illness outbreak.
    ``(c) Review by Secretary.--If food sampling and testing performed 
by a laboratory run and operated by a State or locality that is 
accredited by a recognized accreditation body on the registry 
established by the Secretary under subsection (a) result in a State 
recalling a food, the Secretary shall review the sampling and testing 
results for the purpose of determining the need for a national recall 
or other compliance and enforcement activities.
    ``(d) No Limit on Secretarial Authority.--Nothing in this section 
limits the ability of the Secretary to review and act on information 
from food testing, including determining the sufficiency of the 
information and testing.

``SEC. 267. TRACEBACK.

    ``(a) In General.--The Secretary, in order to protect the public 
health, shall establish requirements for a national system for tracing 
food and food-producing animals from point of slaughter to retail sale, 
subject to subsection (b).
    ``(b) Applicability.--Traceability requirements shall--
            ``(1) be established in accordance with regulations and 
        guidelines issued by the Secretary; and
            ``(2) apply to food establishments.
    ``(c) Traceability.--
            ``(1) In general.--The Secretary shall implement tracing 
        protocols using methods and technologies to enable the Food 
        Safety and Inspection Service to rapidly trace adulterated food 
        to--
                    ``(A) the source of the contamination to determine 
                the original site source of the adulteration or 
                contamination; and
                    ``(B) destinations to which the food has been 
                shipped.
            ``(2) Requirements.--
                    ``(A) In general.--Tracing protocols under this 
                subsection shall include the collection of documentary 
                and other relevant material to enable rapid tracing, 
                including--
                            ``(i) food establishment identification 
                        data;
                            ``(ii) a description of the food;
                            ``(iii) shipping marks;
                            ``(iv) bar coding; and
                            ``(v) disclosure of sole-source or 
                        multiple-source origin.
                    ``(B) Timing.--The collection of documentary and 
                other relevant material to enable rapid tracing under 
                subparagraph (A) shall occur at the time that transfer 
                of the relevant food is completed.
                    ``(C) Certification.--The onsite inspector and a 
                responsible food establishment representative shall 
                certify that the documentary and other tracing material 
                collected under subparagraph (A) are complete and 
                accurate.
            ``(3) Tracing of adulterated and contaminated food.--If a 
        food sample tests positive or is indicated to test positive for 
        a contaminant, the Secretary shall immediately conduct a 
        trace--
                    ``(A) to identify all sites of contamination, 
                including preparation, packaging, and slaughtering 
                establishments;
                    ``(B) to identify the original source of 
                contamination; and
                    ``(C) to identify any recipient of the food, other 
                than the consumer, or food that may have been similarly 
                affected.
    ``(d) Relationship to Country of Origin Labeling.--Nothing in this 
section prevents or interferes with implementation of the country of 
origin labeling requirements of subtitle D of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).

``SEC. 268. INTERNATIONAL FOOD SAFETY ASSURANCE.

    ``(a) International Audits.--The Secretary shall ensure that 
international audits of eligible foreign country food safety systems 
shall--
            ``(1) occur no less than annually; and
            ``(2) be of sufficient scope to protect public health.
    ``(b) Imports.--As soon as practicable after the date of enactment 
of this section, the Secretary shall promulgate regulations under which 
the Secretary may remove a country from the appropriate list maintained 
by the Secretary of countries allowed to import one or more foods into 
the United States if--
            ``(1) the country refuses to allow the Secretary to conduct 
        such onsite audits as the Secretary determines to be necessary 
        to verify the safety of the food to be imported; or
            ``(2) imports of food from the country have been suspended 
        more than once during a 5-year period for major food safety 
        infractions.

``SEC. 269. NOTIFICATION AND RECALL.

    ``(a) Definitions.--In this section:
            ``(1) Class i recall.--The term `Class I recall' means a 
        food recall classification defined by the Secretary that covers 
        a health-hazard situation in which there is a reasonable 
        probability that the use of the food or food product being 
        recalled will cause a serious, adverse health consequence, or 
        death.
            ``(2) Retail establishment.--The term `retail 
        establishment' means a grocery store or other retail 
        establishment that sells food and food products directly to 
        consumers.
            ``(3) Summary notice.--The term `summary notice' means the 
        1-page summary notice described in subsection (d).
    ``(b) Notice to Secretary of Violation.--
            ``(1) In general.--A person that has reason to believe that 
        any food introduced into or in interstate commerce, or held for 
        sale (whether or not the first sale) after shipment in 
        interstate commerce, may be in violation of the food safety law 
        shall immediately notify the Secretary of the identity and 
        location of the food.
            ``(2) Manner of notification.--Notification under paragraph 
        (1) shall be made in such manner and by such means as the 
        Secretary may require by regulation.
    ``(c) Recall and Consumer Notification.--
            ``(1) Voluntary actions.--If the Secretary determines that 
        food is in violation of the food safety law when introduced 
        into or while in interstate commerce or while held for sale 
        (whether or not the first sale) after shipment in interstate 
        commerce or that there is a reasonable probability that the 
        food, if consumed, would present a threat to public health, as 
        determined by the Secretary, the Secretary shall give the 
        appropriate persons (including the manufacturers, importers, 
        distributors, or retailers of the food) an opportunity--
                    ``(A) to cease distribution of the food;
                    ``(B) to notify all persons--
                            ``(i) processing, distributing, or 
                        otherwise handling the food to immediately 
                        cease such activities with respect to the food; 
                        or
                            ``(ii) to which the food has been 
                        distributed, transported, or sold, to 
                        immediately cease distribution of the food;
                    ``(C) to recall the food;
                    ``(D) in conjunction with the Secretary, to provide 
                notice of the finding of the Secretary--
                            ``(i) to consumers to whom the food was, or 
                        may have been, distributed; and
                            ``(ii) to State and local public health 
                        officials; or
                    ``(E) to take any combination of the measures 
                described in this paragraph, as determined by the 
                Secretary to be appropriate in the circumstances.
            ``(2) Mandatory actions.--If a person referred to in 
        paragraph (1) refuses to or does not adequately carry out the 
        actions described in that paragraph within the time period and 
        in the manner prescribed by the Secretary, the Secretary 
        shall--
                    ``(A) have authority to control and possess the 
                food or recall the food, including ordering the 
                shipment of the food from the food establishment to the 
                Secretary--
                            ``(i) at the expense of the food 
                        establishment; or
                            ``(ii) in an emergency (as determined by 
                        the Secretary), at the expense of the 
                        Secretary; and
                    ``(B) by order, require, as the Secretary 
                determines to be necessary, the person to immediately--
                            ``(i) cease distribution of the food;
                            ``(ii) notify all persons--
                                    ``(I) processing, distributing, or 
                                otherwise handling the food to 
                                immediately cease such activities with 
                                respect to the food; or
                                    ``(II) if the food has been 
                                distributed, transported, or sold, to 
                                immediately cease distribution of the 
                                food; and
                            ``(iii) recall contaminated food.
            ``(3) Notification to consumers by secretary.--In 
        accordance with subsection (d), the Secretary shall, as the 
        Secretary determines to be necessary, provide notice of the 
        finding of the Secretary under paragraph (1)--
                    ``(A) to consumers to whom the food was, or may 
                have been, distributed;
                    ``(B) to State and local public health officials; 
                and
                    ``(C) to such other persons as the Secretary 
                determines appropriate.
            ``(4) Nondistribution by notified persons.--A person that 
        processes, distributes, or otherwise handles the food, or to 
        which the food has been distributed, transported, or sold, and 
        that is notified under paragraph (1)(B) or (2)(B) shall 
        immediately cease distribution of the food.
            ``(5) Availability of records to secretary.--Each person 
        referred to in paragraph (1) that processed, distributed, or 
        otherwise handled food shall make available to the Secretary 
        information necessary to carry out this subsection, as 
        determined by the Secretary, regarding--
                    ``(A) persons that processed, distributed, or 
                otherwise handled the food; and
                    ``(B) persons to which the food has been 
                transported, sold, distributed, or otherwise handled.
    ``(d) Consumer Recall Notification.--
            ``(1) Distribution of information.--In the case of any 
        Class I recall, the Secretary shall, to the maximum extent 
        practicable, distribute to each retail establishment that has 
        received or is likely to have received recalled product in the 
        United States a 1-page summary notice containing product 
        information of each food or food product subject to the Class I 
        recall.
            ``(2) Distribution of information.--The Secretary shall 
        require each retail establishment that receives a summary 
        notice--
                    ``(A) to post a copy of the summary notice at each 
                cash register of the retail establishment;
                    ``(B) to post a copy of the summary notice on the 
                shelving unit on which the food or food product was 
                sold; or
                    ``(C) in the case of a retail establishment that 
                uses a customer card system to track customer purchases 
                or demographics--
                            ``(i) to place a call to each customer that 
                        purchased a recalled food or food product to 
                        inform the customer of the Class I recall; or
                            ``(ii) to make available to each customer 
                        that purchased a recalled food or food product 
                        with a targeted coupon with information about 
                        the recalled food or food product.
            ``(3) Assistance.--In cooperation with and, when necessary, 
        with direct assistance from the Director of the Centers for 
        Disease Control and Prevention and the Centers of Excellence of 
        the Food and Drug Administration, the Secretary shall provide 
        assistance to regional, State, and local agencies to assist in 
        carrying out this section through activities such as providing 
        resources, including timely information concerning symptoms and 
        tests, for frontline health professionals interviewing 
        individuals as part of routine surveillance and outbreak 
        investigations.
            ``(4) Availability of lists of retail consignees during 
        food recalls.--The Secretary shall make publicly available the 
        names and locations of retail establishment consignees of 
        recalled food or food products that the Secretary compiles in 
        connection with a recall for which there is a reasonable 
        probability that the use of the food or food product could 
        cause serious adverse health consequences or death.
    ``(e) Informal Hearings on Orders.--
            ``(1) In general.--The Secretary shall provide any person 
        subject to an order under subsection (c) with an opportunity 
        for an informal hearing, to be held as soon as practicable but 
        not later than 2 business days after the issuance of the order.
            ``(2) Scope of the hearing.--In a hearing under paragraph 
        (1), the Secretary shall consider the actions required by the 
        order and any reasons why the food that is the subject of the 
        order should not be recalled.
    ``(f) Post-Hearing Recall Orders.--
            ``(1) Amendment of order.--If, after providing an 
        opportunity for an informal hearing under subsection (e), the 
        Secretary determines that there is a reasonable probability 
        that the food that is the subject of an order under subsection 
        (c), if consumed, would present a threat to the public health, 
        the Secretary, as the Secretary determines to be necessary, 
        may--
                    ``(A) amend the order to require recall of the food 
                or other appropriate action;
                    ``(B) specify a timetable in which the recall shall 
                occur;
                    ``(C) require periodic reports to the Secretary 
                describing the progress of the recall; and
                    ``(D) provide notice of the recall to consumers to 
                whom the food was, or may have been, distributed.
            ``(2) Vacation of orders.--If, after providing an 
        opportunity for an informal hearing under subsection (e), the 
        Secretary determines that adequate grounds do not exist to 
        continue the actions required by the order, the Secretary shall 
        vacate the order.
    ``(g) Remedies Not Exclusive.--The remedies provided in this 
section shall be in addition to, and not exclusive of, other remedies 
that may be available.

``SEC. 270. ENFORCEMENT AND ADMINISTRATION.

    ``(a) Civil Penalties.--
            ``(1) Civil sanctions.--
                    ``(A) Civil penalty.--
                            ``(i) In general.--Any person that commits 
                        an act that violates the food safety law 
                        (including a regulation promulgated or order 
                        issued under a Federal food safety law) may be 
                        assessed a civil penalty by the Secretary of 
                        not more than $10,000 for each such act.
                            ``(ii) Separate offense.--Each act 
                        described in clause (i) and each day during 
                        which that act continues shall be considered a 
                        separate offense.
                    ``(B) Other requirements.--
                            ``(i) Written order.--The civil penalty 
                        described in subparagraph (A) shall be assessed 
                        by the Secretary by a written order, which 
                        shall specify the amount of the penalty and the 
                        basis for the penalty under clause (ii) 
                        considered by the Secretary.
                            ``(ii) Amount of penalty.--Subject to 
                        subparagraph (A)(i), the amount of the civil 
                        penalty shall be determined by the Secretary, 
                        after considering--
                                    ``(I) the gravity of the violation;
                                    ``(II) the degree of culpability of 
                                the person;
                                    ``(III) the size and type of the 
                                business of the person; and
                                    ``(IV) any history of prior 
                                offenses by the person under the food 
                                safety law.
                            ``(iii) Review of order.--The order may be 
                        reviewed only in accordance with paragraph (2).
            ``(2) Judicial review.--
                    ``(A) In general.--An order assessing a civil 
                penalty under paragraph (1) shall be a final order 
                unless the person--
                            ``(i) not later than 30 days after the 
                        effective date of the order, files a petition 
                        for judicial review of the order in the United 
                        States court of appeals for the circuit in 
                        which that person resides or has its principal 
                        place of business or the United States Court of 
                        Appeals for the District of Columbia; and
                            ``(ii) simultaneously serves a copy of the 
                        petition by certified mail to the Secretary.
                    ``(B) Filing of record.--Not later than 45 days 
                after the service of a copy of the petition under 
                subparagraph (A)(ii), the Secretary shall file in the 
                court a certified copy of the administrative record 
                upon which the order was issued.
                    ``(C) Standard of review.--The findings of the 
                Secretary relating to the order shall be set aside only 
                if found to be unsupported by substantial evidence on 
                the record as a whole.
            ``(3) Collection actions for failure to pay.--
                    ``(A) In general.--If any person fails to pay a 
                civil penalty assessed under paragraph (1) after the 
                order assessing the penalty has become a final order, 
                or after the court of appeals described in paragraph 
                (2) has entered final judgment in favor of the 
                Secretary, the Secretary shall refer the matter to the 
                Attorney General, who shall institute in a United 
                States district court of competent jurisdiction a civil 
                action to recover the amount assessed.
                    ``(B) Limitation on review.--In a civil action 
                under subparagraph (A), the validity and 
                appropriateness of the order of the Secretary assessing 
                the civil penalty shall not be subject to judicial 
                review.
            ``(4) Penalties paid into account.--The Secretary--
                    ``(A) shall deposit penalties collected under this 
                section in an account in the Treasury; and
                    ``(B) may use the funds in the account, without 
                further appropriation or fiscal year limitation--
                            ``(i) to carry out enforcement activities 
                        under food safety law; or
                            ``(ii) to provide assistance to States to 
                        inspect retail commercial food establishments 
                        or other food or firms under the jurisdiction 
                        of State food safety programs.
            ``(5) Discretion of the secretary to prosecute.--Nothing in 
        this part requires the Secretary to report for prosecution, or 
        for the commencement of an action, the violation of the food 
        safety law in a case in which the Secretary finds that the 
        public interest will be adequately served by the assessment of 
        a civil penalty under this section.
            ``(6) Remedies not exclusive.--The remedies provided in 
        this subsection are in addition to, and not exclusive of, other 
        remedies that may be available under this or any other Act.
    ``(b) Presumption.--In any action to enforce the requirements of 
the food safety law, the connection with interstate commerce required 
for jurisdiction shall be presumed to exist.
    ``(c) Whistleblower Protection.--
            ``(1) In general.--No Federal employee, employee of a 
        Federal contractor or subcontractor, or any individual employed 
        by a company or other entity that is a regulated establishment 
        or any other entity involved in the food supply system 
        (referred to in this subsection as a `covered individual'), may 
        be discharged, demoted, suspended, threatened, harassed, or in 
        any other manner discriminated against, because of any lawful 
        act done by the covered individual--
                    ``(A) to provide information, cause information to 
                be provided, or otherwise assist in an investigation 
                regarding any conduct that the covered individual 
                reasonably believes constitutes a violation of this Act 
                or a food safety law, including any related rules or 
                regulations, or that the covered individual reasonably 
                believes constitutes a threat to the public health, if 
                the information or assistance is provided to, or the 
                investigation is conducted by--
                            ``(i) a Federal regulatory or law 
                        enforcement agency;
                            ``(ii) a Member or committee of Congress; 
                        or
                            ``(iii) a person with supervisory authority 
                        over the covered individual (or such other 
                        individual who has the authority to 
                        investigate, discover, or terminate 
                        misconduct);
                    ``(B) to file, cause to be filed, testify, 
                participate in, or otherwise assist in a proceeding or 
                action filed or about to be filed relating to a 
                violation of any law, rule, or regulation; or
                    ``(C) to refuse to violate or assist in the 
                violation of any law, rule, or regulation.
            ``(2) Enforcement action.--
                    ``(A) Complaint.--
                            ``(i) In general.--A covered individual who 
                        alleges discharge or other discrimination by 
                        any person in violation of paragraph (1) may 
                        seek relief under paragraph (3) by filing a 
                        complaint with the Secretary of Labor.
                            ``(ii) Legal action.--If the Secretary of 
                        Labor has not issued a final decision by the 
                        date that is 210 days after the date on which 
                        the complaint is filed and there is no showing 
                        that the delay is due to the bad faith of the 
                        claimant, the claimant may bring an action at 
                        law or equity for de novo review in the 
                        appropriate district court of the United 
                        States, which shall have jurisdiction over such 
                        an action without regard to the amount in 
                        controversy.
                    ``(B) Procedure.--An action under subparagraph (A) 
                shall be governed under the rules and procedures 
                established in section 1012 of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 399d).
                    ``(C) Remedies.--A covered individual who prevails 
                in any action under subparagraph (A) shall be entitled 
                to remedies equivalent to relief provided under section 
                1012(b)(4)(B) of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 399d(b)(4)(B)).
            ``(3) Applicability.--This subsection shall apply and be 
        carried out in accordance with section 1012 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 399d), including the 
        relation of the whistleblower protection provided under this 
        subsection to the rights of employees, other laws, and 
        international agreements, and the inability of an employee to 
        waive the whistleblower protection.
            ``(4) Rights retained by the covered individual.--
                    ``(A) In general.--Nothing in this subsection 
                diminishes the rights, privileges, or remedies of any 
                covered individual under any Federal or State law, or 
                under any collective bargaining agreement.
                    ``(B) Prohibition on waiver.--The rights and 
                remedies in this subsection may not be waived by any 
                agreement, policy, form, or condition of employment.
    ``(d) Administration and Enforcement.--
            ``(1) In general.--For the efficient administration and 
        enforcement of the food safety law, the provisions (including 
        provisions relating to penalties) of sections 6, 8, 9, and 10 
        of the Federal Trade Commission Act (15 U.S.C. 46, 48, 49, and 
        50) (except subsections (c) through (h) of section 6 of that 
        Act), relating to the jurisdiction, powers, and duties of the 
        Federal Trade Commission and the Attorney General to administer 
        and enforce that Act, and to the rights and duties of persons 
        with respect to whom the powers are exercised, shall apply to 
        the jurisdiction, powers, and duties of the Secretary and the 
        Attorney General in administering and enforcing the provisions 
        of the food safety law and to the rights and duties of persons 
        with respect to whom the powers are exercised, respectively.
            ``(2) Inquiries and actions.--
                    ``(A) In general.--The Secretary, in person or by 
                such agents as the Secretary may designate, may 
                prosecute any inquiry necessary to carry out the duties 
                of the Secretary under the food safety law in any part 
                of the United States.
                    ``(B) Powers.--The powers conferred by sections 9 
                and 10 of the Federal Trade Commission Act (15 U.S.C. 
                49 and 50) on the United States district courts may be 
                exercised for the purposes of this part by any United 
                States district court of competent jurisdiction.
    ``(e) Citizen Civil Actions.--
            ``(1) Civil actions.--A person may commence a civil action 
        against the Secretary (in his or her capacity as the 
        Secretary)--
                    ``(A) if the Secretary fails to perform an act or 
                duty that is not discretionary under a food safety law 
                and the failure to perform that act or duty presents a 
                clear, demonstrated, and serious present threat to 
                public health; but
                    ``(B) only after the person has--
                            ``(i) filed a petition with the Secretary; 
                        and
                            ``(ii) given the Secretary 180 days to 
                        comply with nondiscretionary acts or duties.
            ``(2) Court.--
                    ``(A) In general.--The action shall be commenced in 
                the United States district court for the district in 
                which the defendant resides, is found, or has an agent.
                    ``(B) Jurisdiction.--The court shall have 
                jurisdiction, without regard to the amount in 
                controversy, or the citizenship of the parties, to 
                require the Secretary to perform a nondiscretionary act 
                or duty under a food safety law, if--
                            ``(i) it is proven that--
                                    ``(I)(aa) the act or duty is not 
                                discretionary and is critical to public 
                                health protection; and
                                    ``(bb) the Secretary has the 
                                appropriate financial resources to 
                                perform the act or duty;
                                    ``(II)(aa) the Secretary was given 
                                180 days to perform the act or duty 
                                prior to the filing of an action; and
                                    ``(bb) the Secretary did not 
                                perform the act or duty; and
                            ``(ii) the plaintiff presents credible 
                        evidence, including, if applicable, evidence 
                        representing the current scientific knowledge, 
                        that indicates that an act or duty necessary to 
                        regulate or control a food safety hazard has 
                        not been performed by the Secretary.
                    ``(C) Damages.--The court may--
                            ``(i) require the Secretary to perform the 
                        act or duty in question towards a standard of 
                        protecting public health; and
                            ``(ii) award the plaintiff part or all of 
                        the costs of suit, including reasonable 
                        attorney's fees and reasonable expert witness 
                        fees, if--
                                    ``(I) awarding the fees is in the 
                                interest of justice;
                                    ``(II) the failure of the Secretary 
                                to perform a required act or duty is 
                                found to be capricious or negligent; 
                                and
                                    ``(III) awarding the fees would not 
                                reduce resources applied to public 
                                health inspections.

``SEC. 271. ADMINISTRATIVE ENFORCEMENT METHODOLOGY FOR SERIOUS 
              VIOLATIONS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall develop a system of 
escalating penalties for situations in which there are serious or 
egregious violations of any food safety laws.
    ``(b) Methodology.--The Secretary shall design the system under 
subsection (a) based on sound methodology so as to provide incentives 
to reduce repeated serious or egregious violations.
    ``(c) Definition.--For purposes of this section, the Secretary 
shall define the term `serious or egregious violation of any food 
safety law', which--
            ``(1) shall include any current violations that are grounds 
        for a suspension, withholding, or revocation of grant of 
        inspection under a food safety law; and
            ``(2) may include any other violations that constitute a 
        severe violation of major food safety law requirements, which 
        may include intransigent repeated noncompliance for less than 
        serious violations that indicate a food establishment is 
        unwilling or negligent to bring the food establishment into 
        compliance over a period of repeat circumstances lasting at 
        least 1 year since the last documented severe violation.

``SEC. 272. NONROUTINE INSPECTION FEES FOR REPEATED OR SERIOUS 
              NONCOMPLIANCE.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish performance-
based fees for food establishments requiring nonroutine inspection 
services due to severe or repeated violations of food safety laws.
    ``(b) Inclusions.--Fees established under this section shall 
include, at minimum, fees for--
            ``(1) food safety assessments in response to serious or 
        repeated food safety violations;
            ``(2) humane handling assessments in response to serious or 
        repeated violations of Public Law 85-765 (commonly known as the 
        `Humane Methods of Slaughter Act of 1958') (7 U.S.C. 1901 et 
        seq.);
            ``(3) any actions or enhanced inspections associated with a 
        mandatory recall; and
            ``(4) follow-up microbiological testing associated with any 
        nonroutine requirements.
    ``(c) Amount.--The Secretary shall establish the amount of the fees 
at a level that recuperates the full costs or a reasonable portion of 
the nonroutine inspection services.
    ``(d) Small and Very Small Food Establishments.--The Secretary may 
adjust the terms, conditions, and rates of fees established under this 
section so as to minimize economic impacts on small and very small 
establishments.
    ``(e) Use of Fees.--The Secretary shall use any fees collected 
under this section to bolster inspection or other programs in the 
Office of Field Operations, without the need for further appropriation.
    ``(f) Guidance.--Not later than 1 year after the date of enactment 
of this section, the Secretary shall publish and make publically 
available guidance in the form of a list of eligible types of 
violations for nonroutine inspection fees, including estimated rates 
for services.''.
    (b) Conforming Amendment.--Section 296(b) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
            (1) in paragraph (6)(C), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(8) the authority of the Secretary to carry out food 
        safety activities under part II of subtitle G.''.

SEC. 202. GOOD COMMERCIAL PRACTICES IN RECEIVING AND PROCESSING LIVE 
              POULTRY.

    The Poultry Products Inspection Act is amended by inserting after 
section 9 (21 U.S.C. 458) the following:

``SEC. 9A. GOOD COMMERCIAL PRACTICES IN RECEIVING AND PROCESSING LIVE 
              POULTRY.

    ``(a) In General.--An establishment shall use reasonable care, 
handling, lairage, slaughtering, and other good commercial practices, 
as defined by the Secretary through regulation, during the handling and 
processing of live poultry, including--
            ``(1) to prevent injury, death by means other than 
        slaughter, or other avoidable losses; and
            ``(2) to allow for prompt disposition or, if appropriate, 
        prompt euthanasia and sanitary disposal of severely injured, 
        severely ill, incapacitated, distressed, or moribund live 
        poultry.
    ``(b) Prohibition.--An establishment shall not present poultry for 
slaughter if the poultry is--
            ``(1) moribund, distressed, or incapacitated; or
            ``(2) severely ill or injured.
    ``(c) Live Poultry Processing Plan.--
            ``(1) In general.--The Secretary shall require 
        establishments to implement, through the hazard analysis and 
        critical control points plans of the establishments or by other 
        appropriate means, a live poultry processing plan that 
        includes--
                    ``(A) a euthanasia action plan;
                    ``(B) ante-mortem segregation and disposition 
                procedures when appropriate for potentially severely 
                injured, distressed, ill, incapacitated, or moribund 
                poultry;
                    ``(C) facility outcome standards;
                    ``(D) employee training and competency 
                requirements; and
                    ``(E) such other requirements as are appropriate to 
                ensure that only live poultry are presented for 
                slaughter in accordance with this section and other 
                applicable food safety laws.
            ``(2) Requirement.--The implementation, design, and 
        effectiveness of the practices contained in live poultry 
        processing plans by establishments shall include routine agency 
        veterinary oversight.
            ``(3) Review.--The Secretary shall review the requirements 
        under paragraph (1) at least every 5 years--
                    ``(A) to ensure the requirements reflect the 
                principles of this section; and
                    ``(B) to consider new improvements in available 
                practices and technology.''.

                   TITLE III--RESEARCH AND EDUCATION

SEC. 301. DEFINITION OF SECRETARY.

    Except as otherwise provided, in this title, the term ``Secretary'' 
means the Secretary of Agriculture, acting through the Under Secretary 
of Food Safety.

SEC. 302. PUBLIC HEALTH ASSESSMENT SYSTEM.

    (a) In General.--The Secretary, acting in coordination with the 
Director of the Centers for Disease Control and Prevention and with the 
Research Education and Economics mission area of the Department of 
Agriculture, shall--
            (1) resolve data-sharing barriers, including those relating 
        to the application of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        1936), to ensure access to the applicable data systems of the 
        Centers for Disease Control and Prevention and to the databases 
        made available by a State;
            (2) maintain an active surveillance system of food, food 
        products, and epidemiological evidence submitted by States to 
        the Centers for Disease Control and Prevention based on a 
        representative proportion of the population of the United 
        States;
            (3) assess the frequency and sources of human illness in 
        the United States associated with the consumption of food;
            (4) maintain a state-of-the-art DNA matching system and 
        epidemiological system dedicated to foodborne illness 
        identification, outbreaks, and containment; and
            (5) have access to the surveillance data created via 
        monitoring and statistical studies conducted as part of 
        inspections carried out by or for the Secretary.
    (b) Public Health Sampling.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish guidelines 
        for a sampling system under which the Secretary shall take and 
        analyze samples of food--
                    (A) to assist the Secretary in carrying out this 
                title;
                    (B) to assess the nature, frequency of occurrence, 
                and quantities of contaminants in food; and
                    (C) to enforce this title and other food safety 
                laws.
            (2) Requirements.--The sampling system described in 
        paragraph (1) shall provide--
                    (A) statistically valid monitoring, including 
                market-based studies, on the nature, frequency of 
                occurrence, and quantities of contaminants in food 
                available to consumers; and
                    (B) at the request of the Secretary, such other 
                information, including analysis of monitoring and 
                verification samples, as the Secretary determines may 
                be useful and appropriate in assessing the occurrence 
                of contaminants in food.
    (c) Assessment of Health Hazards.--
            (1) In general.--Through the surveillance system referred 
        to in subsection (a) and the sampling system described in 
        subsection (b), the Secretary shall work in collaboration with 
        the Director of the Centers for Disease Control and Prevention, 
        the Commissioner of Food and Drugs, and other appropriate 
        Federal, State, local, and tribal agencies--
                    (A) to rank food categories under the jurisdiction 
                of the Secretary based on the hazard to human health 
                presented by the food category;
                    (B) to identify appropriate industry and regulatory 
                approaches to minimize hazards in the food supply; and
                    (C) to assess the public health environment for 
                emerging diseases, including zoonosis, for their risk 
                of appearance in the United States food supply.
            (2) Components of analysis.--The analysis under subsection 
        (b)(1) may include--
                    (A) a comparison of the safety of commercial 
                processing with the health hazards associated with food 
                that is harvested for recreational or subsistence 
                purposes and prepared noncommercially;
                    (B) a comparison of the safety of food that is 
                domestically processed with the health hazards 
                associated with food that is processed outside the 
                United States;
                    (C) a description of contamination originating from 
                handling practices that occur prior to or after the 
                sale of food to consumers; and
                    (D) use of comparative risk assessments.

SEC. 303. PUBLIC EDUCATION AND ADVISORY SYSTEM.

    (a) Public Education.--
            (1) In general.--The Secretary, in collaboration with the 
        Director of the Centers for Disease Control and Prevention and 
        the Commissioner of Food and Drugs and in cooperation with 
        private and public organizations, including the cooperative 
        extension services and building on the efforts of appropriate 
        State and local entities, shall establish a national public 
        education program on food safety.
            (2) Requirements.--The program shall provide--
                    (A) information to the public regarding Federal 
                standards and best practices and promotion of public 
                awareness, understanding, and acceptance of those 
                standards and practices;
                    (B) information for health professionals--
                            (i) to improve diagnosis and treatment of 
                        food-related illness; and
                            (ii) to advise individuals at special risk 
                        for food-related illnesses;
                    (C) information to increase consumer and health 
                professional awareness of relative risks of different 
                regulated products and consumer practices in preparing, 
                handling, and consuming the products; and
                    (D) such other information or advice to consumers 
                and other persons as the Secretary determines will 
                promote the purposes of this subtitle.
    (b) Health Advisories.--The Secretary, in consultation with other 
Federal departments and agencies as the Secretary determines necessary, 
shall work with the States and other appropriate entities--
            (1) to develop and distribute regional and national 
        advisories concerning food safety;
            (2) to develop standardized formats for written and 
        broadcast advisories;
            (3) to incorporate State and local advisories into the 
        national public education program established under subsection 
        (a); and
            (4) to present prompt, specific information regarding foods 
        found to pose a threat to the public health.

SEC. 304. RESEARCH.

    (a) In General.--The Secretary, acting through the Under Secretary 
for Research, Education, and Economics, shall conduct research to carry 
out this title and improve food safety, including studies--
            (1) to improve sanitation and food safety practices in the 
        processing of food;
            (2) to develop improved techniques to monitor and inspect 
        food;
            (3) to develop efficient, rapid, and sensitive methods to 
        detect contaminants in food;
            (4) to determine the sources of contamination of 
        contaminated food;
            (5) to develop food consumption data;
            (6) to identify ways that animal production techniques 
        could improve the safety of the food supply;
            (7) to draw upon research and educational programs that 
        exist at the State and local level;
            (8) to use the DNA matching system and other processes to 
        identify and control pathogens;
            (9) to address common and emerging zoonotic diseases;
            (10) to develop methods to reduce or destroy harmful 
        pathogens before, during, and after processing;
            (11) to analyze the incidence of antibiotic resistance as 
        the resistance pertains to the food supply and develop new 
        methods to reduce the transfer of antibiotic resistance to 
        humans;
            (12) to conduct research to inform risk communications, 
        including--
                    (A) conducting studies regarding the knowledge and 
                behavior of industry, health professionals, consumers, 
                and other appropriate stakeholders towards food safety; 
                and
                    (B) developing a protocol that will balance public 
                welfare needs associated with the food safety research 
                of the Department of Agriculture and the requirements 
                of chapter 35 of title 44, United States Code (commonly 
                known as the ``Paperwork Reduction Act'') to account 
                for the time-sensitive nature of communicating with the 
                public about food safety programs;
            (13) to improve live animal health, handling, transport, 
        and slaughter methods; and
            (14) to conduct other research that supports the purposes 
        of this title.
    (b) Contract Authority.--The Secretary may enter into contracts and 
agreements with any State, institution of higher education, Federal 
Government agency, or person to carry out this section.

           TITLE IV--CRIMINAL PENALTIES AND OTHER PROVISIONS

SEC. 401. CRIMINAL PENALTIES.

    (a) Poultry Products Inspection Act.--Section 12 of the Poultry 
Products Inspection Act (21 U.S.C. 461) is amended by adding at the end 
the following:
    ``(d) Knowing Introduction Into Commerce of Unsafe Food.--
            ``(1) Criminal sanctions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person that knowingly produces or 
                introduces into commerce poultry or a poultry product 
                that is unsafe or otherwise adulterated or misbranded 
                shall be imprisoned for not more than 10 years or fined 
                not more than $25,000, or both.
                    ``(B) Severe violations.--A person that commits a 
                violation described in subparagraph (A) after a 
                conviction of that person under this subsection has 
                become final, or commits such a violation with the 
                intent to defraud or mislead, shall be imprisoned for 
                not more than 20 years or fined not more than $100,000, 
                or both.
            ``(2) Penalties paid into account.--The Secretary shall 
        deposit penalties collected under this subsection in the 
        account described in section 270(a)(4) of the Department of 
        Agriculture Reorganization Act of 1994.
            ``(3) Discretion of the secretary to prosecute.--Nothing in 
        this subsection requires the Secretary to report for 
        prosecution, or for the commencement of an action, a violation 
        described in paragraph (1) in a case in which the Secretary 
        finds that the public interest will be adequately served by the 
        assessment of a civil penalty.
            ``(4) Remedies not exclusive.--The remedies provided in 
        this subsection are in addition to, and not exclusive of, other 
        remedies that may be available under this or any other Act.''.
    (b) Federal Meat Inspection Act.--Section 406 of the Federal Meat 
Inspection Act (21 U.S.C. 676) is amended by adding at the end the 
following:
    ``(d) Knowing Introduction Into Commerce of Unsafe Food.--
            ``(1) Criminal sanctions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person that knowingly produces or 
                introduces into commerce meat or a meat food product 
                that is unsafe or otherwise adulterated or misbranded 
                shall be imprisoned for not more than 10 years or fined 
                not more than $25,000, or both.
                    ``(B) Severe violations.--A person that commits a 
                violation described in subparagraph (A) after a 
                conviction of that person under this subsection has 
                become final, or commits such a violation with the 
                intent to defraud or mislead, shall be imprisoned for 
                not more than 20 years or fined not more than $100,000, 
                or both.
            ``(2) Penalties paid into account.--The Secretary shall 
        deposit penalties collected under this subsection in the 
        account described in section 270(a)(4) of the Department of 
        Agriculture Reorganization Act of 1994.
            ``(3) Discretion of the secretary to prosecute.--Nothing in 
        this subsection requires the Secretary to report for 
        prosecution, or for the commencement of an action, a violation 
        described in paragraph (1) in a case in which the Secretary 
        finds that the public interest will be adequately served by the 
        assessment of a civil penalty.
            ``(4) Remedies not exclusive.--The remedies provided in 
        this subsection are in addition to, and not exclusive of, other 
        remedies that may be available under this or any other Act.''.
    (c) Egg Products Inspection Act.--Section 12 of the Egg Products 
Inspection Act (21 U.S.C. 1041) is amended by adding at the end the 
following:
    ``(f) Knowing Introduction Into Commerce of Unsafe Food.--
            ``(1) Criminal sanctions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person that knowingly produces or 
                introduces into commerce eggs or egg products that are 
                unsafe or otherwise adulterated or misbranded shall be 
                imprisoned for not more than 10 years or fined not more 
                than $25,000, or both.
                    ``(B) Severe violations.--A person that commits a 
                violation described in subparagraph (A) after a 
                conviction of that person under this subsection has 
                become final, or commits such a violation with the 
                intent to defraud or mislead, shall be imprisoned for 
                not more than 20 years or fined not more than $100,000, 
                or both.
            ``(2) Penalties paid into account.--The Secretary shall 
        deposit penalties collected under this subsection in the 
        account described in section 270(a)(4) of the Department of 
        Agriculture Reorganization Act of 1994.
            ``(3) Discretion of the secretary to prosecute.--Nothing in 
        this subsection requires the Secretary to report for 
        prosecution, or for the commencement of an action, a violation 
        described in paragraph (1) in a case in which the Secretary 
        finds that the public interest will be adequately served by the 
        assessment of a civil penalty.
            ``(4) Remedies not exclusive.--The remedies provided in 
        this subsection are in addition to, and not exclusive of, other 
        remedies that may be available under this or any other Act.''.

SEC. 402. ONGOING ASSESSMENT OF OCCUPATIONAL HEALTH.

    Not later than 2 years after the date of enactment of this Act, and 
not less than every 2 years thereafter, the Secretary of Agriculture, 
acting through the Under Secretary of Food Safety, in cooperation with 
the Director of the National Institute for Occupational Safety and 
Health and the Assistant Secretary of Labor for Occupational Safety and 
Health, shall publish a report that--
            (1) describes occupational health and safety trends 
        throughout federally inspected establishments; and
            (2) includes recommendations for improving environmental 
        health for private and Federal employees, including findings of 
        appropriate maximum line speed allowances in processing and 
        slaughter establishments, as determined by the Secretary of 
        Labor in consultation with the Secretary of Agriculture to 
        ensure an appropriate level of occupational safety.

SEC. 403. REPORTS AND EVALUATION OF IMPLEMENTATION.

    (a) Secretary.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and each of the following 2 years, the 
        Secretary of Agriculture shall submit to Congress a report 
        that--
                    (A) describes the progress of the Secretary in 
                implementing this Act and the amendments made by this 
                Act;
                    (B) includes any requests for additional resources 
                or clarification or modification of policy; and
                    (C) suggests any necessary technical or conforming 
                amendments.
            (2) Public health information system.--Not later than 1 
        year after the date of enactment of this Act and each of the 
        following 3 years, the Secretary of Agriculture shall submit to 
        Congress a report that describes--
                    (A) the effectiveness of the public health 
                information system of the Food Safety and Inspection 
                Service;
                    (B) whether the system is effective, accurate, and 
                reflects actual program implementation; and
                    (C) whether data contained in the system is usable 
                to evaluate public health programs.
    (b) Comptroller General.--Not later than 5 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) carry out a comprehensive evaluation of the 
        implementation and effectiveness of the implementation of this 
        Act and the amendments made by this Act, including--
                    (A) management of agency resources;
                    (B) the ability of industry to comply; and
                    (C) the public health and food safety outcomes 
                achieved; and
            (2) submit to Congress a report describing the results of 
        the evaluation.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated to carry out this Act and the amendments made by this 
Act such sums as are necessary for each fiscal year.
    (b) Limitation on Appropriations.--
            (1) In general.--For the fiscal year that includes the date 
        of enactment of this Act, the amount authorized to be 
        appropriated to carry out this Act (other than section 304) and 
        the amendments made by this Act shall not exceed--
                    (A) the amount appropriated for that fiscal year 
                for the Food Safety and Inspection Service, including 
                any additional separate appropriations for the 
                activities of the Under Secretary for Food Safety; or
                    (B) the amount appropriated for the Food Safety and 
                Inspection Service and the Under Secretary for Food 
                Safety for the preceding fiscal year, if as of the date 
                of enactment of this Act, the relevant appropriations 
                for the fiscal year that includes the date of enactment 
                of this Act have not yet been made.
            (2) Research.--For the fiscal year that includes the date 
        of enactment of this Act, the amount authorized to be 
        appropriated to carry out section 304 shall not exceed--
                    (A) the amount appropriated for that fiscal year 
                for the research, education, and economics mission area 
                of the Department of Agriculture, including any 
                additional separate appropriations for the activities 
                of the Under Secretary for Research, Education, and 
                Economics; or
                    (B) the amount appropriated for the research, 
                education, and economics mission area of the Department 
                of Agriculture and the Under Secretary for Research, 
                Education, and Economics for the preceding fiscal year, 
                if as of the date of enactment of this Act, the 
                relevant appropriations for the fiscal year that 
                includes the date of enactment of this Act have not yet 
                been made.
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