I

103D CONGRESS

2D SESSION H. R. 3751

To establish a Meat, Poultry, and Eggs Inspection Agency to administer

the Federal Meat Inspection Act, the Poultry Products Inspection Act,

and the Egg Products Inspection Act, to expand the application of

these Acts, to provide for the establishment of safe cooking standards

for meat and poultry products, and to improve scientific research and

understanding of foodborne illnesses.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1994

Mr. TORRICELLI introduced the following bill; which was referred jointly to

the Committees on Agriculture and Energy and Commerce

A BILL

To establish a Meat, Poultry, and Eggs Inspection Agency

to administer the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, to expand the application of these Acts,

to provide for the establishment of safe cooking standards for meat and poultry products, and to improve

scientific research and understanding of foodborne

illnesses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3751 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Katie O’Connell Safe

3 Food Act’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—MEAT, POULTRY, AND EGGS INSPECTION AGENCY

SUBTITLE A—ESTABLISHMENT AND AUTHORITIES OF AGENCY

Sec. 101. Establishment of Meat, Poultry, and Eggs Inspection Agency.

Sec. 102. Director of Meat, Poultry, and Eggs Inspection.

Sec. 103. General authorities of the Director.

Sec. 104. Bureau for Improved Inspection Capabilities.

Sec. 105. Rules.

SUBTITLE B—TRANSITIONAL PROVISIONS

Sec. 131. Termination of Food Safety and Inspection Service and transfer of

assets, appropriations, and personnel to the Agency.

Sec. 132. Clarification of authority of Director to administer the Federal Meat

Inspection Act.

Sec. 133. Clarification of authority of Director to administer the Poultry Products Inspection Act.

Sec. 134. Clarification of authority of Director to administer the Egg Products

Inspection Act.

Sec. 135. Office of Inspector General of the Agency.

SUBTITLE C—OTHER MATTERS

Sec. 141. Definitions.

TITLE II—EXPANSION OF FOODS COVERED BY INSPECTION

LAWS.

Sec. 201. Coverage of additional meats under the Federal Meat Inspection Act.

Sec. 202. Coverage of additional poultry under the Poultry Products Inspection

Act.

TITLE III—ESTABLISHMENT AND ENFORCEMENT OF SAFE

COOKING STANDARDS FOR MEAT AND POULTRY PRODUCTS

Sec. 301. Establishment of safe cooking standards.

Sec. 302. Enforcement of safe cooking standards.

Sec. 303. Civil penalty for violations of safe cooking standards.

Sec. 304. Effect on State and local laws.

Sec. 305. Whistleblower protections.

Sec. 306. Definitions.
3

•HR 3751 IH

TITLE IV—EPIDEMIOLOGICAL ACTIVITIES REGARDING

FOODBORNE DISEASES

Sec. 401. Epidemiological activities.

TITLE V—RESEARCH ON TREATMENT OF FOODBORNE DISEASES

Sec. 501. Research on treatment; National Institute of Diabetes and Digestive

and Kidney Diseases.

1 TITLE I—MEAT, POULTRY, AND

2 EGGS INSPECTION AGENCY

3 Subtitle A—Establishment and

4 Authorities of Agency

5 SEC. 101. ESTABLISHMENT OF MEAT, POULTRY, AND EGGS

6 INSPECTION AGENCY.

7 (a) ESTABLISHMENT OF AGENCY.—There is estab8 lished in the executive branch an agency to be known as

9 the ‘‘Meat, Poultry, and Eggs Inspection Agency’’. The

10 Agency shall be an independent establishment, as defined

11 in section 104 of title 5, United States Code.

12 (b) RESPONSIBILITIES OF AGENCY.—The Agency

13 shall be responsible for the implementation and adminis14 tration of—

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

16 601 et seq.);

17 (2) the Poultry Products Inspection Act (21

18 U.S.C. 451 et seq.);

19 (3) the Egg Products Inspection Act (21 U.S.C.

20 1031 et seq.);
4

•HR 3751 IH

1 (4) the establishment and enforcement pursu2 ant to title III of safe cooking standards for the

3 preparation of meat and poultry products at res4 taurants and other retail food establishments; and

5 (5) such other inspection, research, and over6 sight authorities regarding meat, poultry products,

7 and eggs inspection as may be provided to the Agen8 cy by this Act or other laws.

9 SEC. 102. DIRECTOR OF MEAT, POULTRY, AND EGGS IN10 SPECTION.

11 (a) APPOINTMENT.—There shall be at the head of the

12 Agency a Director of Meat, Poultry, and Eggs Inspection

13 who shall be appointed by the President, by and with the

14 advice and consent of the Senate. The Agency and the in15 spection laws shall be administered under the supervision

16 and direction of the Director.

17 (b) COMPENSATION.—The Director shall be com18 pensated at the rate provided for level II of the Executive

19 Schedule under section 5313 of title 5, United States

20 Code.

21 SEC. 103. GENERAL AUTHORITIES OF THE DIRECTOR.

22 (a) ASSISTANT DIRECTORS.—The Director may ap23 point not more than eight assistant directors of the Agen24 cy, who shall perform such supervisory and administrative

25 duties with respect to the Agency and the inspection laws
5

•HR 3751 IH

1 as the Director considers appropriate. Each assistant di2 rector shall be compensated at the rate provided for level

3 IV of the Executive Schedule under section 5315 of title

4 5, United States Code.

5 (b) OFFICERS AND EMPLOYEES.—The Director may

6 appoint officers and employees for the Agency in accord7 ance with the provisions of title 5, United States Code,

8 relating to appointment in the competitive service, and fix

9 their compensation in accordance with chapter 51 and

10 with subchapter III of chapter 53 of such title, relating

11 to classification and General Schedule pay.

12 (c) DETAIL OF PERSONNEL OF OTHER AGENCIES.—

13 The Director may enter into agreements with other Gov14 ernment agencies, in particular the Department of Agri15 culture, under which officers or employees of such agencies

16 may be detailed to the Agency. The detailing of an officer

17 or employee of another agency under this subsection shall

18 be made without prejudice to the status or advancement

19 of such officers or employees within their own agencies.

20 (d) ADDITIONAL AGREEMENTS WITH OTHER AGEN21 CIES.—The Director may utilize or employ the services,

22 personnel, equipment, or facilities of any other Govern23 ment agency, with the consent of the head of the agency

24 concerned, to perform such functions on behalf of the

25 Agency as the Director considers appropriate.
6

•HR 3751 IH

1 (e) EXPERTS AND CONSULTANTS.—The Director

2 may procure the services of experts and consultants as au3 thorized by section 3109 of title 5, United States Code,

4 and pay in connection with such services travel expenses

5 of individuals, including transportation and per diem in

6 lieu of subsistence while away from their homes or regular

7 places of business, as authorized by section 5703 of such

8 title.

9 (f) BUREAUS, OFFICES, AND DIVISIONS.—The Direc10 tor may establish within the Agency such bureaus, offices,

11 and divisions as the Director may determine to be nec12 essary to discharge the responsibilities of the Agency.

13 Such an office may include an Office of the General Coun14 sel.

15 (g) REGIONAL AND FIELD OFFICES.—The Director

16 may establish, alter, discontinue, or maintain such re17 gional or other field offices as the Director may determine

18 to be necessary to carry out the functions vested in the

19 Director or other officials of the Agency.

20 SEC. 104. BUREAU FOR IMPROVED INSPECTION CAPABILI21 TIES.

22 (a) ESTABLISHMENT.—There is established within

23 the Agency an entity to be known as the ‘‘Bureau for Im24 proved Inspection Capabilities’’, which shall support ef25 forts to discover modern scientific techniques to improve
7

•HR 3751 IH

1 the inspection of meat, poultry, and eggs under the inspec2 tion laws and to incorporate such techniques into the in3 spection practices used by the Agency.

4 (b) BUREAU DIRECTOR.—The Director shall des5 ignate one of the assistant directors of the Agency ap6 pointed under section 103(a) to serve as director of the

7 Bureau. The director of the Bureau shall report directly

8 to the Director.

9 (c) ADVISORY COMMISSION ON INSPECTION.—

10 (1) APPOINTMENT AND DUTIES.—The Director

11 shall appoint an advisory commission to make rec12 ommendations to the Director regarding methods to

13 improve inspection techniques used to carry out the

14 inspection laws or to improve the reliability of exist15 ing techniques. The commission shall also perform

16 such other advisory or investigative duties as may be

17 assigned to the commission by this section or the Di18 rector.

19 (2) MEMBERS.—The members of the commis20 sion shall consist of—

21 (A) representatives of the meat, poultry,

22 and egg industries;

23 (B) scientists who are experts in the field

24 of food safety; and
8

•HR 3751 IH

1 (C) government officials who are actively

2 involved in meat, poultry, or eggs inspection at

3 the Federal or State level.

4 (3) TIME PERIOD FOR FIRST RECOMMENDA5 TIONS.—Not later than six months after the date on

6 which the commission is first appointed, the commis7 sion shall present the Director with a list of rec8 ommendations regarding methods to improve current

9 meat, poultry, and eggs inspection techniques.

10 (d) GRANT AND CONTRACT AUTHORITY FOR RE11 SEARCH.—The Director may make grants to and enter

12 into contracts with State and local governments, institu13 tions of higher education, and nonprofit research organiza14 tions for the purpose of promoting research to evaluate

15 the feasibility of implementing recommendations submit16 ted by the commission under subsection (c). Grants and

17 contracts under this subsection shall be made by the Di18 rector on a competitive basis in consultation with the Bu19 reau and commission. The commission shall review and

20 evaluate research conducted with assistance provided

21 under this subsection.

22 (e) IMPLEMENTATION OF RESULTS.—The Director

23 may prescribe rules to implement recommendations sub24 mitted by the commission under subsection (c) that are
9

•HR 3751 IH

1 shown to have potential for improving inspection tech2 niques or reliability under the inspection laws.

3 SEC. 105. RULES.

4 The Director may prescribe, in accordance with chap5 ters 5 and 6 of title 5, United States Code, such rules

6 as the Director determines to be necessary or appropriate

7 to administer and manage the functions of the Agency.

8 Subtitle B—Transitional Provisions

9 SEC. 131. TERMINATION OF FOOD SAFETY AND INSPECTION

10 SERVICE AND TRANSFER OF ASSETS, APPRO11 PRIATIONS, AND PERSONNEL TO THE

12 AGENCY.

13 (a) TERMINATION OF SERVICE.—Not later than

14 lll days after the date of the enactment of this Act,

15 the Secretary of Agriculture shall terminate the activities

16 of the Food Safety and Inspection Service of the Depart17 ment of Agriculture to the extent such activities relate to

18 the administration or operation of the inspection laws.

19 (b) TRANSFER OF ASSETS AND FUNDS.—Consistent

20 with section 1531 of title 31, United States Code, the as21 sets, liabilities, contracts, property, records, and unex22 pended balances of appropriations, authorizations, alloca23 tions, and other funds of the Food Safety and Inspection

24 Service used in connection with the administration or op25 eration of the inspection laws shall be transferred to the
10

•HR 3751 IH

1 Agency not later than the date of the termination of the

2 Food Safety and Inspection Service under subsection (a).

3 Unexpended funds transferred pursuant to this subsection

4 shall be used by the Director only for the purposes for

5 which the funds were originally authorized and appro6 priated.

7 (c) TRANSFER OF PERSONNEL.—During the period

8 beginning on the date of the enactment of this Act and

9 ending upon the termination of the Food Safety and In10 spection Service under subsection (a), the Secretary of Ag11 riculture shall transfer to the Agency those officers and

12 employees of the Food Safety and Inspection Service who

13 perform duties in connection with the administration or

14 operation of the inspection laws.

15 (d) EFFECT OF TRANSFER ON PERSONNEL.—The

16 transfer under subsection (c) of full-time employees (ex17 cept special Government employees) and part-time em18 ployees holding permanent positions is not intended to

19 cause any such employee to be separated or reduced in

20 grade or compensation for one year after the date of the

21 transfer of the employee under such subsection. Any per22 son who, on the day preceding the effective date of this

23 Act, held a position compensated in accordance with the

24 Executive Schedule prescribed in chapter 53 of title 5,

25 United States Code, and who, without a break in service,
11

•HR 3751 IH

1 is appointed in the Agency to a position having duties

2 comparable to the duties performed immediately preceding

3 the appointment shall continue to be compensated in the

4 new position at not less than the rate provided for the

5 previous position, for the duration of the service of the

6 person in the new position.

7 (e) REFERENCES.—After the termination of the Food

8 Safety and Inspection Service under subsection (a), any

9 reference in any other Federal law, Executive order, rule,

10 regulation, document, or other material to the Food Safety

11 and Inspection Service in connection with the administra12 tion or operation of the inspection laws shall be deemed

13 a reference to the Agency.

14 SEC. 132. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

15 ADMINISTER THE FEDERAL MEAT INSPEC16 TION ACT.

17 (a) DEFINITION OF DIRECTOR.—Section 1(a) of the

18 Federal Meat Inspection Act (21 U.S.C. 601(a)) is amend19 ed to read as follows:

20 ‘‘(a) The term ‘Director’ means the Director of Meat,

21 Poultry, and Eggs Inspection of the Meat, Poultry, and

22 Eggs Inspection Agency.’’.

23 (b) REPEAL OF REFERENCES TO SECRETARY OF AG24 RICULTURE.—
12

•HR 3751 IH

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Federal Meat Inspection Act (21

3 U.S.C. 601 et seq.) is amended by striking ‘‘Sec4 retary’’ each place it appears and inserting ‘‘Direc5 tor’’.

6 (2) EXCEPTIONS.—Paragraph (1) shall not

7 apply to the following uses of the term ‘‘Secretary’’

8 in such Act:

9 (A) Section 1(n)(10) (21 U.S.C.

10 601(n)(10)), the second place the term appears.

11 (B) Section 7(c)(2) (21 U.S.C. 607(c)(2)),

12 the second place the term appears.

13 (C) Section 409(b) (21 U.S.C. 679(b)), the

14 first and third places the term appears.

15 (c) REPEAL OF REFERENCES TO THE DEPARTMENT

16 OF AGRICULTURE.—The Federal Meat Inspection Act is

17 further amended—

18 (1) in section 18 (21 U.S.C. 618), by striking

19 ‘‘Department’’ and inserting ‘‘Meat, Poultry, and

20 Eggs Inspection Agency’’; and

21 (2) in section 20(e)(3) (21 U.S.C. 620(e)(3)) by

22 striking ‘‘Department of Agriculture’’ and inserting

23 ‘‘Meat, Poultry, and Eggs Inspection Agency’’.
13

•HR 3751 IH

1 SEC. 133. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

2 ADMINISTER THE POULTRY PRODUCTS IN3 SPECTION ACT.

4 (a) DEFINITION OF DIRECTOR.—Section 4(i) of the

5 Poultry Products Inspection Act (21 U.S.C. 453(i)) is

6 amended to read as follows:

7 ‘‘(i) The term ‘Director’ means the Director of Meat,

8 Poultry, and Eggs Inspection of the Meat, Poultry, and

9 Eggs Inspection Agency.’’.

10 (b) DEFINITION OF AGENCY.—Section 4(q) of the

11 Poultry Products Inspection Act (21 U.S.C. 453(q)) is

12 amended to read as follows:

13 ‘‘(q) The term ‘inspection service’ means the Meat,

14 Poultry, and Eggs Inspection Agency.’’.

15 (c) REPEAL OF REFERENCES TO SECRETARY OF AG16 RICULTURE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Poultry Products Inspection Act is

19 amended—

20 (A) in section 2 (21 U.S.C. 451), by strik21 ing ‘‘Secretary of Agriculture’’ and inserting

22 ‘‘Director of Meat, Poultry, and Eggs Inspec23 tion of the Meat, Poultry, and Eggs Inspection

24 Agency’’;

25 (B) in sections 4, 5, 6, 7, 8, 9, 11, 12, 13,

26 14, 15, 16, 18, 19, 20, 22, 23, 25, 27, and 29
14

•HR 3751 IH

1 (21 U.S.C. 453 et seq.) by striking ‘‘Secretary’’

2 each place it appears and inserting ‘‘Director’’;

3 (C) in section 17 (21 U.S.C. 466)—

4 (i) by striking ‘‘Secretary of Agri5 culture’’ each place it appears and insert6 ing ‘‘Director’’; and

7 (ii) in subsection (d)(3), by striking

8 ‘‘Secretary’’ both places it appears and in9 serting ‘‘Director’’; and

10 (D) in section 24(b) (21 U.S.C. 467f(b)),

11 by striking ‘‘Secretary’’ the second place it ap12 pears and inserting ‘‘Director’’.

13 (2) EXCEPTIONS.—Paragraph (1) shall not

14 apply to the following uses of the term ‘‘Secretary’’

15 in such Act:

16 (A) Section 4(h)(10) (21 U.S.C.

17 453(h)(10)), the second place the term appears.

18 (B) Section 8(b)(2) (21 U.S.C. 457(b)(2)),

19 the second place the term appears.

20 SEC. 134. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

21 ADMINISTER THE EGG PRODUCTS INSPEC22 TION ACT.

23 (a) DEFINITION OF DIRECTOR.—Section 4(x) of the

24 Egg Products Inspection Act (21 U.S.C. 1033(x)) is

25 amended to read as follows:
15

•HR 3751 IH

1 ‘‘(i) The term ‘Director’ means the Director of Meat,

2 Poultry, and Eggs Inspection of the Meat, Poultry, and

3 Eggs Inspection Agency.’’.

4 (b) REPEAL OF REFERENCES TO SECRETARY OF AG5 RICULTURE.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the Egg Products Inspection Act is

8 amended—

9 (A) in section 2 (21 U.S.C. 1031), by

10 striking ‘‘Secretary of Agriculture’’ and insert11 ing ‘‘Director of Meat, Poultry, and Eggs In12 spection of the Meat, Poultry, and Eggs Inspec13 tion Agency’’;

14 (B) in sections 4 (other than subsection

15 (j)), 5, 6, 7, 8 (other than subsection (e)(8)),

16 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24,

17 and 26 (21 U.S.C. 1033 et seq.) by striking

18 ‘‘Secretary’’ each place it appears and inserting

19 ‘‘Director’’;

20 (C) in section 4(j) (21 U.S.C. 1033(j)) is

21 amended by striking ‘‘the responsible Sec22 retary’’ and inserting ‘‘the Director or the Sec23 retary of Health and Human Services, as the

24 case may be,’’;
16

•HR 3751 IH

1 (D) in section 5(d) (21 U.S.C. 1034(d)) by

2 striking ‘‘said Secretaries’’ in the last sentence

3 and inserting ‘‘the Director or the Secretary of

4 Health and Human Services’’;

5 (E) in section 8(e)(8) (21 U.S.C.

6 1037(e)(8)) by striking ‘‘the Secretary of Agri7 culture’’ and inserting ‘‘the Director’’;

8 (F) in section 11 (21 U.S.C. 1040)—

9 (i) by striking ‘‘the Secretary of Agri10 culture’’ and inserting ‘‘the Director’’; and

11 (ii) by striking ‘‘either of said Sec12 retaries’’ and inserting ‘‘either the Director

13 or the Secretary of Health and Human

14 Services’’;

15 (G) in section 13 (21 U.S.C. 1042) by

16 striking ‘‘the Secretary of Agriculture’’ both

17 places it appears and inserting ‘‘the Director’’;

18 and

19 (H) in subsections (c) and (d) of section

20 23 (21 U.S.C. 1052), by striking ‘‘the Secretary

21 of Agriculture’’ both places it appears and in22 serting ‘‘the Director’’.

23 (2) EXCEPTIONS.—Paragraph (1) shall not

24 apply to the following uses of the term ‘‘Secretary’’

25 in such Act:
17

•HR 3751 IH

1 (A) Section 5(d) (21 U.S.C. 1034(d)), the

2 second place the term appears.

3 (B) Section 5(e)(3) (21 U.S.C.

4 1034(e)(3)), both places the term appears.

5 (C) Section 5(e)(5) (21 U.S.C.

6 1034(e)(5)), the second place the term appears.

7 (c) REPEAL OF REFERENCES TO THE DEPARTMENT

8 OF AGRICULTURE.—The Egg Products Inspection Act is

9 further amended—

10 (1) in section 4(q) (21 U.S.C. 1033(q)), by

11 striking ‘‘Department of Agriculture’’ and inserting

12 ‘‘Meat, Poultry, and Eggs Inspection Agency’’; and

13 (2) in section 26(a)(2)(C) (21 U.S.C.

14 1054(a)(2)(C)), by striking ‘‘Department of Agri15 culture’’ and inserting ‘‘Meat, Poultry, and Eggs In16 spection Agency’’.

17 SEC. 135. OFFICE OF INSPECTOR GENERAL OF THE

18 AGENCY.

19 (a) TREATMENT OF AGENCY AS A DESIGNATED FED20 ERAL ENTITY.—Section 8F(a)(2) of the Inspector General

21 Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the

22 Meat, Poultry, and Eggs Inspection Agency,’’ after ‘‘the

23 Legal Services Corporation,’’.

24 (b) TIME FOR ESTABLISHMENT.—The Office of In25 spector General of the Agency required to be established
18

•HR 3751 IH

1 by the Director as a result of the amendment made by

2 subsection (a) shall be established not later than 180 days

3 after the date of the enactment of this Act.

4 Subtitle C—Other Matters

5 SEC. 141. DEFINITIONS.

6 For purposes of this title:

7 (1) AGENCY.—The term ‘‘Agency’’ means the

8 Meat, Poultry, and Eggs Inspection Agency estab9 lished under section 101.

10 (2) DIRECTOR.—The term ‘‘Director’’ means

11 the Director of Meat, Poultry, and Eggs Inspection

12 Agency appointed under section 102(a).

13 (3) INSPECTION LAWS.—The term ‘‘inspection

14 laws’’ means the Federal Meat Inspection Act (21

15 U.S.C. 601 et seq.), the Poultry Products Inspection

16 Act (21 U.S.C. 451 et seq.), and the Egg Products

17 Inspection Act (21 U.S.C. 1031 et seq.).

18 TITLE II—EXPANSION OF FOODS

19 COVERED BY INSPECTION LAWS

20 SEC. 201. COVERAGE OF ADDITIONAL MEATS UNDER THE

21 FEDERAL MEAT INSPECTION ACT.

22 The Federal Meat Inspection Act is amended by in23 serting after section 2 (21 U.S.C. 602) the following new

24 section:
19

•HR 3751 IH

1 ‘‘SEC. 2A. AUTHORITY TO EXPAND ACT TO COVER ADDI2 TIONAL MEATS.

3 ‘‘In addition to cattle, sheep, swine, goats, horses,

4 mules, and other equines specifically referred to in this

5 Act, the Director may extend the provisions of this Act

6 to cover other animals (such as deer, bison, and rabbits)

7 intended for human consumption.’’.

8 SEC. 202. COVERAGE OF ADDITIONAL POULTRY UNDER

9 THE POULTRY PRODUCTS INSPECTION ACT.

10 The Poultry Products Inspection Act is amended by

11 inserting after section 5 (21 U.S.C. 454) the following new

12 section:

13 ‘‘SEC. 5A. AUTHORITY TO EXPAND ACT TO COVER ADDI14 TIONAL POULTRY.

15 ‘‘In addition to chickens and turkeys traditionally

16 covered by this Act, the Director may extend the provi17 sions of this Act to cover other poultry (such as quail,

18 pheasant, and squab) intended for human consumption.’’.

19 TITLE III—ESTABLISHMENT AND

20 ENFORCEMENT OF SAFE

21 COOKING STANDARDS FOR

22 MEAT AND POULTRY PROD23 UCTS

24 SEC. 301. ESTABLISHMENT OF SAFE COOKING STANDARDS.

25 (a) ESTABLISHMENT.—The Director of Meat, Poul26 try, and Eggs Inspection Agency shall establish by rule
20

•HR 3751 IH

1 safe cooking standards for the preparation of meat and

2 poultry products, and foods containing meat and poultry

3 products, at restaurants and other retail food establish4 ments. The Director shall require that all meat and poul5 try products, and foods containing meat and poultry prod6 ucts, that require cooking or smoking shall be cooked to

7 heat all parts of the item to a temperature established in

8 the standards as sufficient to destroy potentially harmful

9 foodborne microorganisms.

10 (b) ENTITIES SUBJECT TO SAFE COOKING STAND11 ARDS.—Each restaurant or other retail food establishment

12 operating in the United States shall comply with the safe

13 cooking standards established pursuant to subsection (a),

14 except that the Director may exempt a restaurant or other

15 retail food establishment, or types of restaurants and

16 other retail food establishments, from the operation of the

17 standards.

18 (c) EXCEPTION TO COMPLIANCE.—A restaurant or

19 other retail food establishment may deviate from the safe

20 cooking standard applicable to the cooking or smoking of

21 a particular meat or poultry product, or a food containing

22 a meat or poultry product, if the customer orders the item

23 in an uncooked form or to be prepared in a manner that

24 necessitates a lower cooking temperature than the stand25 ard.
21

•HR 3751 IH

1 SEC. 302. ENFORCEMENT OF SAFE COOKING STANDARDS.

2 (a) ENFORCEMENT.—The Director shall use the per3 sonnel of the Meat, Poultry, and Eggs Inspection Agency

4 to enforce the safe cooking standards established under

5 section 301(a).

6 (b) INSPECTIONS.—To ensure compliance with the

7 safe cooking standards established under section 301(a),

8 the Director shall cause to be made, by inspectors ap9 pointed for that purpose, an examination and inspection

10 of the preparation of meat and poultry products, and foods

11 containing meat and poultry products, at restaurants and

12 other retail food establishments subject to this title. Such

13 examination and inspection shall be conducted with such

14 frequency and in such manner as the Director considers

15 necessary, as provided in rules issued by the Director. The

16 Director shall take into account such factors as the Direc17 tor considers to be appropriate, including—

18 (1) the nature and frequency of the cooking op19 erations at the restaurant or other retail food estab20 lishment involved;

21 (2) the adequacy and reliability of the cooking

22 controls and sanitary procedures at the restaurant

23 or establishment; and

24 (3) the history of compliance with inspection re25 quirements in effect under this title by the operator

26 of the restaurant or establishment.
22

•HR 3751 IH

1 (c) ACCESS.—For purposes of any examination and

2 inspection under subsection (b), inspectors shall have ac3 cess to every part of a restaurant or other retail food es4 tablishment subject to this title during operating hours of

5 the restaurant or establishment.

6 SEC. 303. CIVIL PENALTY FOR VIOLATIONS OF SAFE COOK7 ING STANDARDS.

8 (a) PENALTY.—Any restaurant or other retail food

9 establishment subject to this title that violates a safe cook10 ing standard established under section 301(a) shall be lia11 ble to the United States for a civil penalty assessed under

12 subsection (b) in an amount not less than $100, but not

13 to exceed $1000, for each violation.

14 (b) ASSESSMENT.—(1) A civil penalty payable under

15 subsection (a) may be assessed by the Director only on

16 the record after an opportunity for a hearing.

17 (2) In connection with a hearing under paragraph

18 (1), the Secretary shall have the power to issue subpoenas.

19 SEC. 304. EFFECT ON STATE AND LOCAL LAWS.

20 Nothing in this title shall be construed to preclude

21 a State or local government from establishing or enforcing

22 any safe cooking standards for the preparation of meat

23 and poultry products, and foods containing meat and poul24 try products, that is not in conflict with the safe cooking

25 standards established under section 301(a).
23

•HR 3751 IH

1 SEC. 305. WHISTLEBLOWER PROTECTION.

2 (a) PROTECTION.—No employee of a restaurant or

3 other retail food establishment subject to this title, and

4 no other person, may be harassed, prosecuted, held liable,

5 or discriminated against in any way because that employee

6 or other person—

7 (1) has notified the Meat, Poultry, and Eggs

8 Inspection Agency of a violation or possible violation

9 of the safe cooking standards established under sec10 tion 301(a); or

11 (2) has testified, is about to testify, has assisted

12 or participated, or is about to assist or participate,

13 in a proceeding or other action to enforce such safe

14 cooking standards.

15 (b) ENFORCEMENT OF PROTECTIONS.—The process

16 and procedures specified in subsections (c), (d), and (e)

17 of section 405 of the Surface Transportation Assistance

18 Act of 1982 (49 U.S.C. App. 2305) shall apply with re19 spect to an alleged violation of subsection (a) of this sec20 tion in the same manner as such subsections apply to a

21 violation of subsection (a) or (b) of that section, except

22 that any reference to the Secretary of Labor in such sub23 sections shall be deemed to mean the Secretary of Agri24 culture for purposes of this subsection.

25 SEC. 306. DEFINITIONS.

26 For purposes of this title:
24

•HR 3751 IH

1 (1) DIRECTOR.—The term ‘‘Director’’ means

2 the Director of Meat, Poultry, and Eggs Inspection

3 Agency appointed under section 102(a).

4 (2) FOOD.—The term ‘‘food’’ has the meaning

5 given that term in section 201(f) of the Federal

6 Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).

7 (3) MEAT.—The term ‘‘meat’’ has the meaning

8 given the term ‘‘meat food product’’ in section 1(j)

9 of the Federal Meat Inspection Act (21 U.S.C.

10 601(j)).

11 (4) POULTRY PRODUCT.—The term ‘‘poultry

12 product’’ has the meaning given that term in section

13 4(f) of the Poultry Products Inspection Act (21

14 U.S.C. 453(f)).

15 (5) RESTAURANT; OTHER RETAIL FOOD ESTAB16 LISHMENT.—The terms ‘‘restaurant’’ and ‘‘other re17 tail food establishment’’ mean any place at which

18 meat or poultry products, or foods containing meat

19 or poultry products, are cooked or smoked for retail

20 sale to and consumption by a customer without addi21 tional cooking by the customer, whether or not such

22 consumption occurs on the premises or elsewhere.

23 Such terms include any central kitchen facility that

24 cooks or smokes meat or poultry products, or foods

25 containing meat or poultry products, that are ready
25

•HR 3751 IH

1 to eat when they leave the facility and are served in

2 meals or as entrees sold to customers at a res3 taurant owned or operated by the same person, firm,

4 or corporation owning or operating the facility.

5 TITLE IV—EPIDEMIOLOGICAL

6 ACTIVITIES REGARDING

7 FOODBORNE DISEASES

8 SEC. 401. EPIDEMIOLOGICAL ACTIVITIES.

9 Part B of title III of the Public Health Service Act

10 (42 U.S.C. 243 et seq.), as amended by section 703 of

11 Public Law 103–183, is amended by inserting after sec12 tion 317F the following section:

13 ‘‘PREVENTION AND CONTROL OF FOODBORNE DISEASES

14 ‘‘SEC. 317G. (a) IN GENERAL.—The Secretary, act15 ing through the Director of the Centers for Disease Con16 trol and Prevention, may carry out activities for the pre17 vention and control of foodborne diseases. The Secretary

18 may carry out such activities directly, and through grants

19 to and cooperative agreements and contracts with public

20 and nonprofit private entities.

21 ‘‘(b) POPULATION-BASED SURVEILLANCE REGARD22 ING SELECTED DISEASES.—

23 ‘‘(1) IN GENERAL.—In carrying out subsection

24 (a), the Secretary, in collaboration with public and

25 nonprofit private entities, shall select specific popu26 lations and, with respect to the populations so se-
26

•HR 3751 IH

1 lected, carry out the following activities regarding

2 foodborne diseases:

3 ‘‘(A) Monitor the incidence and prevalence

4 of the diseases.

5 ‘‘(B) Carry out activities to identify the

6 pathogenic agents for the diseases.

7 ‘‘(C) Determine the extent to which var8 ious treatments are effective responses to the

9 agents so identified.

10 ‘‘(D) Carry out activities to determine the

11 circumstances in which individuals are at risk

12 of the diseases.

13 ‘‘(E) Evaluate efforts to control such dis14 eases.

15 ‘‘(F) Such other activities as the Secretary

16 determines to be appropriate.

17 ‘‘(2) SELECTION OF DISEASES FOR STUDY.—

18 The Secretary shall select the foodborne diseases

19 with respect to which paragraph (1) is to be carried

20 out. For purposes of the preceding sentence, the

21 Secretary may select conditions that have been sci22 entifically named and conditions that have not been

23 so named, and may select pathogenic agents.

24 ‘‘(c) ACTIVITIES REGARDING NEW AND EMERGING

25 FOODBORNE PATHOGENS.—In carrying out subsection
27

•HR 3751 IH

1 (a), the Secretary, in collaboration with States, shall carry

2 out the following activities regarding new and emerging

3 foodborne pathogens:

4 ‘‘(1) Collect data on the incidence and preva5 lence of such pathogens throughout the States.

6 ‘‘(2) Conduct epidemiological research on the

7 pathogens, including research to identify significant

8 strains and research to determine whether different

9 strains can cause the same foodborne disease.

10 ‘‘(3) Assist the States in developing the capabil11 ity to identify the pathogens.

12 ‘‘(4) Carry out demonstration projects for the

13 control of foodborne diseases caused by the patho14 gens, including projects for disseminating informa15 tion on the treatment of such diseases.

16 ‘‘(5) Such other activities as the Secretary de17 termines to be appropriate.

18 ‘‘(d) SUPPLIES AND SERVICES IN LIEU OF FINAN19 CIAL ASSISTANCE.—

20 ‘‘(1) IN GENERAL.—Upon the request of a re21 cipient of an award of a grant, cooperative agree22 ment, or contract under this section, the Secretary

23 may, subject to paragraph (2), provide supplies,

24 equipment, and services for the purpose of aiding

25 the recipient in carrying out the program involved
28

•HR 3751 IH

1 and, for such purpose, may detail to the recipient

2 any officer or employee of the Department of Health

3 and Human Services.

4 ‘‘(2) CORRESPONDING REDUCTION IN PAY5 MENTS.—With respect to a request described in

6 paragraph (1), the Secretary shall reduce the

7 amount of payments under the award involved by an

8 amount equal to the costs of detailing personnel and

9 the fair market value of any supplies, equipment, or

10 services provided by the Secretary. The Secretary

11 shall, for the payment of expenses incurred in com12 plying with such request, expend the amounts with13 held.

14 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary may

15 provide technical assistance to public and nonprofit pri16 vate entities with respect to the planning, development,

17 and operation of any program or service carried out pursu18 ant to this section. The Secretary may provide such tech19 nical assistance directly or through grants, cooperative

20 agreements, or contracts.

21 ‘‘(f) AUTHORIZATIONS OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—For the purpose of carry23 ing out this section other than activities under sub24 section (b) or (c), there are authorized to be appro-
29

•HR 3751 IH

1 priated such sums as may be necessary for each of

2 the fiscal years 1994 through 1998.

3 ‘‘(2) POPULATION-BASED SURVEILLANCE RE4 GARDING SELECTED DISEASES.—For the purpose of

5 carrying out subsection (b), there are authorized to

6 be appropriated $7,000,000 for fiscal year 1994,

7 and such sums as may be necessary for each of the

8 fiscal years 1995 through 1998.

9 ‘‘(3) ACTIVITIES REGARDING NEW AND EMERG10 ING FOODBORNE PATHOGENS.—For the purpose of

11 carrying out subsection (c), there are authorized to

12 be appropriated $5,000,000 for fiscal year 1994,

13 and such sums as may be necessary for each of the

14 fiscal years 1995 through 1998.

15 ‘‘(4) AVAILABILITY OF FUNDS FOR STAFF16 ING.—The purposes for which amounts appropriated

17 under paragraph (1), (2), or (3) may be expended

18 include the costs of employing staff for the Centers

19 for Disease Control and Prevention. Amounts avail20 able for a fiscal year pursuant to the preceding sen21 tence are in addition to any other amounts that are

22 available for such year for program management re23 garding such Centers.’’.
30

•HR 3751 IH

1 TITLE V—RESEARCH ON TREAT2 MENT OF FOODBORNE DIS3 EASES

4 SEC. 501. RESEARCH ON TREATMENT; NATIONAL INSTI5 TUTE OF DIABETES AND DIGESTIVE AND KID6 NEY DISEASES.

7 Subpart 3 of part C of title IV of the Public Health

8 Service Act (42 U.S.C. 285c et seq.) is amended by adding

9 at the end the following section:

10 ‘‘FOODBORNE DISEASES

11 ‘‘SEC. 434A. (a) IN GENERAL.—In carrying activities

12 under section 426, the Director of the Institute shall con13 duct or support activities regarding foodborne diseases, in14 cluding research on the treatment of such diseases.

15 ‘‘(b) CLINICAL GUIDELINES.—In carrying out sub16 section (a), the Director of the Institute shall develop clini17 cal guidelines on the treatment of foodborne diseases.

18 ‘‘(c) DATA SYSTEM; CLEARINGHOUSE.—The activi19 ties of the National Digestive Diseases Data System under

20 section 427(b) shall include activities regarding foodborne

21 diseases. The activities of the National Digestive Diseases

22 Information Clearinghouse under such section shall in23 clude activities regarding foodborne diseases, including ac24 tivities regarding clinical guidelines developed under sub25 section (b).’’.
31

•HR 3751 IH

Æ