II 

114TH CONGRESS 

1ST SESSION S. 1332 

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 

MAY 13, 2015 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require the Secretary of Agriculture to protect against 

foodborne illnesses, provide enhanced notification of recalled meat, poultry, eggs, and related food products, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Meat and Poultry Recall Notification Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 


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TITLE I—MEAT AND POULTRY RECALL NOTIFICATION 

Sec. 101. Definition of adulterated. 

TITLE II—FOOD SAFETY 

Sec. 201. Food safety. 

TITLE III—CRIMINAL PENALTIES AND OTHER PROVISIONS 

Sec. 301. Criminal penalties. 

Sec. 302. Reports and evaluation of implementation. 

Sec. 303. Authorization of appropriations. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the safety of the food supply of the United 

4 States is vital to the public health, public confidence 

5 in the food supply, and the success of the food sector 

6 of the economy of the United States; 

7 (2) lapses in the protection of the food supply 

8 and the loss of public confidence that results from 

9 foodborne illness outbreaks and food recalls are 

10 damaging to consumers and the food industry, and 

11 place a burden on interstate commerce and inter12 national trade; 

13 (3) the Food Safety and Inspection Service of 

14 the Department of Agriculture has jurisdiction over 

15 meat, poultry, and egg products; 

16 (4)(A) events recent to the date of enactment of 

17 this Act demonstrate that the food safety system ad18 ministered by the Food Safety and Inspection Serv19 ice is not effective in controlling risk in regulated 

20 food; and 


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1 (B) these events have adversely affected con2 sumer confidence; and 

3 (5) improving Federal oversight of food safety 

4 requires a modern food safety mandate and clear au5 thorities to effectively protect the public from 

6 foodborne diseases associated with the products that 

7 the Food Safety and Inspection Service regulates. 

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

9 (1) to establish an effective, preventive food 

10 safety system administered by the Food Safety and 

11 Inspection Service— 

12 (A) to regulate food safety and strengthen 

13 the protection of the public health; and 

14 (B) to make more effective and efficient 

15 use of resources to prevent foodborne illness; 

16 and 

17 (2) to establish that food establishments have 

18 responsibility to ensure that all stages of production, 

19 processing, and distribution of the products of the 

20 food establishments, or under the control of the food 

21 establishments, satisfy the requirements of this Act. 


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1 TITLE I—MEAT AND POULTRY 

2 RECALL NOTIFICATION 

3 SEC. 101. DEFINITION OF ADULTERATED. 

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

5 1(m) of the Federal Meat Inspection Act (21 U.S.C. 

6 601(m)) is amended— 

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

8 end; 

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

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

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

12 ‘‘(10) if it bears or contains a pathogen or con13 taminant associated with serious illness or death.’’. 

14 (b) POULTRY AND POULTRY PRODUCTS.—Section 

15 4(g) of the Poultry Products Inspection Act (21 U.S.C. 

16 453(g)) is amended— 

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

18 end; 

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

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

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

22 ‘‘(9) if it bears or contains a pathogen or con23 taminant associated with serious illness or death.’’. 


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

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

3 amended— 

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

5 end; 

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

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

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

9 ‘‘(9) if it bears or contains a pathogen or con10 taminant associated with serious illness or death.’’. 

11 TITLE II—FOOD SAFETY 

12 SEC. 201. FOOD SAFETY. 

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

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

15 et seq.) is amended— 

16 (1) by inserting after the subtitle heading the 

17 following: 

18 ‘‘PART I—ADMINISTRATION’’; 

19 and 

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

21 ‘‘PART II—FOOD SAFETY 

22 ‘‘SEC. 263. DEFINITIONS. 

23 ‘‘In this part: 

24 ‘‘(1) ADULTERATED.— 


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1 ‘‘(A) IN GENERAL.—The term ‘adulter2 ated’ has the meaning given the term in— 

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

4 product, section 4 of the Poultry Products 

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

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

7 food product, section 1 of the Federal 

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

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

10 product, section 4 of the Egg Products In11 spection Act (21 U.S.C. 1033). 

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

13 includes bearing or containing a contaminant 

14 that has the potential to cause serious illness or 

15 death. 

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

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

18 United States Code. 

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

20 includes a biological, chemical, physical, or radio21 logical food safety hazard that when found on or in 

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

23 ‘‘(4) FOOD.—The term ‘food’ means— 


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1 ‘‘(A) a meat or a meat food product (with2 in the meaning of the Federal Meat Inspection 

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

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

5 section 4 of the Egg Proucts Inspection Act (21 

6 U.S.C. 1033)); or 

7 ‘‘(C) a poultry or poultry product (as de8 fined in section 4 of the Poultry Products In9 spection Act (21 U.S.C. 453)). 

10 ‘‘(5) FOOD ESTABLISHMENT.— 

11 ‘‘(A) IN GENERAL.—The term ‘food estab12 lishment’ means a slaughterhouse, factory, 

13 warehouse, or facility owned or operated by a 

14 person located in any State that processes food 

15 or a facility that holds, stores, or transports 

16 food or food ingredients. 

17 ‘‘(B) EXCLUSIONS.—The term ‘food estab18 lishment’ does not include a farm, restaurant, 

19 other retail food establishment, or nonprofit 

20 food establishment in which food is prepared for 

21 or served directly to the consumer. 

22 ‘‘(6) FOOD SAFETY LAW.—The term ‘food safe23 ty law’ means— 

24 ‘‘(A) the Poultry Products Inspection Act 

25 (21 U.S.C. 451 et seq.); 


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

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

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

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

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

6 (commonly known as the ‘Humane Methods of 

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

8 administered by the Food Safety and Inspection 

9 Service; 

10 ‘‘(E) this part; and 

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

12 to and requiring food safety, labeling, inspec13 tion, and enforcement as the President des14 ignates by Executive order as appropriate to in15 clude within the jurisdiction of the Secretary. 

16 ‘‘(7) INTERSTATE COMMERCE.—The term 

17 ‘interstate commerce’ has the meaning given the 

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

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

20 ‘‘(8) MISBRANDED.—The term ‘misbranded’ 

21 has the meaning given the term in— 

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

23 product, section 4 of the Poultry Products In24 spection Act (21 U.S.C. 453); 


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

2 product, section 1 of the Federal Meat Inspec3 tion Act (21 U.S.C. 601); and 

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

5 section 4 of the Egg Products Inspection Act 

6 (21 U.S.C. 1033). 

7 ‘‘(9) PROCESS.—The term ‘process’ or ‘proc8 essing’ means the commercial harvesting, slaughter, 

9 packing, preparation, or manufacture of food. 

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

11 and animal health. 

12 ‘‘(11) SECRETARY.—The term ‘Secretary’ 

13 means the Secretary of Agriculture, acting through 

14 the Under Secretary of Food Safety. 

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

16 ‘‘(A) a State; 

17 ‘‘(B) the District of Columbia; 

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

19 and 

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

21 the United States. 

22 ‘‘SEC. 264. NOTIFICATION AND RECALL. 

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

24 ‘‘(1) CLASS I RECALL.—The term ‘Class I re25 call’ means a food recall classification defined by the 


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1 Secretary that covers a health-hazard situation in 

2 which there is a reasonable probability that the use 

3 of the food or food product being recalled will cause 

4 a serious, adverse health consequence, or death. 

5 ‘‘(2) RETAIL ESTABLISHMENT.—The term ‘re6 tail establishment’ means a grocery store or other 

7 retail establishment that sells food and food prod8 ucts directly to consumers. 

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

10 notice’ means the 1-page summary notice described 

11 in subsection (d). 

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

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

14 to believe that any food introduced into or in inter15 state commerce, or held for sale (whether or not the 

16 first sale) after shipment in interstate commerce, 

17 may be in violation of the food safety law shall im18 mediately notify the Secretary of the identity and lo19 cation of the food. 

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

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

22 and by such means as the Secretary may require by 

23 regulation. 

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


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

2 determines that food is in violation of the food safe3 ty law when introduced into or while in interstate 

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

5 first sale) after shipment in interstate commerce or 

6 that there is a reasonable probability that the food, 

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

8 as determined by the Secretary, the Secretary shall 

9 give the appropriate persons (including the manufac10 turers, importers, distributors, or retailers of the 

11 food) an opportunity— 

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

13 ‘‘(B) to notify all persons— 

14 ‘‘(i) processing, distributing, or other15 wise handling the food to immediately 

16 cease such activities with respect to the 

17 food; or 

18 ‘‘(ii) to which the food has been dis19 tributed, transported, or sold, to imme20 diately cease distribution of the food; 

21 ‘‘(C) to recall the food; 

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

23 provide notice of the finding of the Secretary— 

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

25 was, or may have been, distributed; and 


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

2 officials; or 

3 ‘‘(E) to take any combination of the meas4 ures described in this paragraph, as determined 

5 by the Secretary to be appropriate in the cir6 cumstances. 

7 ‘‘(2) MANDATORY ACTIONS.—If a person re8 ferred to in paragraph (1) refuses to or does not 

9 adequately carry out the actions described in that 

10 paragraph within the time period and in the manner 

11 prescribed by the Secretary, the Secretary shall— 

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

13 the food or recall the food, including ordering 

14 the shipment of the food from the food estab15 lishment to the Secretary— 

16 ‘‘(i) at the expense of the food estab17 lishment; or 

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

19 by the Secretary), at the expense of the 

20 Secretary; and 

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

22 determines to be necessary, the person to imme23 diately— 

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

25 ‘‘(ii) notify all persons— 


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1 ‘‘(I) processing, distributing, or 

2 otherwise handling the food to imme3 diately cease such activities with re4 spect to the food; or 

5 ‘‘(II) if the food has been distrib6 uted, transported, or sold, to imme7 diately cease distribution of the food; 

8 and 

9 ‘‘(iii) recall contaminated food. 

10 ‘‘(3) NOTIFICATION TO CONSUMERS BY SEC11 RETARY.—In accordance with subsection (d), the 

12 Secretary shall, as the Secretary determines to be 

13 necessary, provide notice of the finding of the Sec14 retary under paragraph (1)— 

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

16 or may have been, distributed; 

17 ‘‘(B) to State and local public health offi18 cials; and 

19 ‘‘(C) to such other persons as the Sec20 retary determines appropriate. 

21 ‘‘(4) NONDISTRIBUTION BY NOTIFIED PER22 SONS.—A person that processes, distributes, or oth23 erwise handles the food, or to which the food has 

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


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1 notified under paragraph (1)(B) or (2)(B) shall im2 mediately cease distribution of the food. 

3 ‘‘(5) AVAILABILITY OF RECORDS TO SEC4 RETARY.—Each person referred to in paragraph (1) 

5 that processed, distributed, or otherwise handled 

6 food shall make available to the Secretary informa7 tion necessary to carry out this subsection, as deter8 mined by the Secretary, regarding— 

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

10 or otherwise handled the food; and 

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

12 transported, sold, distributed, or otherwise han13 dled. 

14 ‘‘(d) CONSUMER RECALL NOTIFICATION.— 

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

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

17 maximum extent practicable, distribute to each retail 

18 establishment that has received or is likely to have 

19 received recalled product in the United States a 1- 

20 page summary notice containing product information 

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

22 recall. 

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

24 Secretary shall require each retail establishment that 


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1 receives a summary notice to perform 2 of the 3 fol2 lowing actions: 

3 ‘‘(A) To post a copy of the summary notice 

4 at each cash register of the retail establishment. 

5 ‘‘(B) To post a copy of the summary notice 

6 on the shelving unit on which the food or food 

7 product was sold. 

8 ‘‘(C) In the case of a retail establishment 

9 that uses a customer card system to track cus10 tomer purchases or demographics— 

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

12 that purchased a recalled food or food 

13 product to inform the customer of the 

14 Class I recall; or 

15 ‘‘(ii) to make available to each cus16 tomer that purchased a recalled food or 

17 food product with a targeted coupon with 

18 information about the recalled food or food 

19 product. 

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

21 when necessary, with direct assistance from the Di22 rector of the Centers for Disease Control and Pre23 vention and the Centers of Excellence of the Food 

24 and Drug Administration, the Secretary shall pro25 vide assistance to regional, State, and local agencies 


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1 to assist in carrying out this section through activi2 ties such as providing resources, including timely in3 formation concerning symptoms and tests, for front4 line health professionals interviewing individuals as 

5 part of routine surveillance and outbreak investiga6 tions. 

7 ‘‘(4) AVAILABILITY OF LISTS OF RETAIL CON8 SIGNEES DURING FOOD RECALLS.—The Secretary 

9 shall make publicly available the names and loca10 tions of retail establishment consignees of recalled 

11 food or food products that the Secretary compiles in 

12 connection with a recall for which there is a reason13 able probability that the use of the food or food 

14 product could cause serious adverse health con15 sequences or death. 

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

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

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

19 with an opportunity for an informal hearing, to be 

20 held as soon as practicable but not later than 2 busi21 ness days after the issuance of the order. 

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

23 under paragraph (1), the Secretary shall consider 

24 the actions required by the order and any reasons 


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

2 not be recalled. 

3 ‘‘(f) POST-HEARING RECALL ORDERS.— 

4 ‘‘(1) AMENDMENT OF ORDER.—If, after pro5 viding an opportunity for an informal hearing under 

6 subsection (e), the Secretary determines that there 

7 is a reasonable probability that the food that is the 

8 subject of an order under subsection (c), if con9 sumed, would present a threat to the public health, 

10 the Secretary, as the Secretary determines to be nec11 essary, may— 

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

13 the food or other appropriate action; 

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

15 shall occur; 

16 ‘‘(C) require periodic reports to the Sec17 retary describing the progress of the recall; and 

18 ‘‘(D) provide notice of the recall to con19 sumers to whom the food was, or may have 

20 been, distributed. 

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

22 an opportunity for an informal hearing under sub23 section (e), the Secretary determines that adequate 

24 grounds do not exist to continue the actions required 

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


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

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

3 exclusive of, other remedies that may be available. 

4 ‘‘SEC. 265. ENFORCEMENT AND ADMINISTRATION. 

5 ‘‘(a) CIVIL PENALTIES.— 

6 ‘‘(1) CIVIL SANCTIONS.— 

7 ‘‘(A) CIVIL PENALTY.— 

8 ‘‘(i) IN GENERAL.—Any person that 

9 commits an act that violates the food safe10 ty law (including a regulation promulgated 

11 or order issued under a Federal food safety 

12 law) may be assessed a civil penalty by the 

13 Secretary of not more than $10,000 for 

14 each such act. 

15 ‘‘(ii) SEPARATE OFFENSE.—Each act 

16 described in clause (i) and each day during 

17 which that act continues shall be consid18 ered a separate offense. 

19 ‘‘(B) OTHER REQUIREMENTS.— 

20 ‘‘(i) WRITTEN ORDER.—The civil pen21 alty described in subparagraph (A) shall be 

22 assessed by the Secretary by a written 

23 order, which shall specify the amount of 

24 the penalty and the basis for the penalty 


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1 under clause (ii) considered by the Sec2 retary. 

3 ‘‘(ii) AMOUNT OF PENALTY.—Subject 

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

5 civil penalty shall be determined by the 

6 Secretary, after considering— 

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

8 ‘‘(II) the degree of culpability of 

9 the person; 

10 ‘‘(III) the size and type of the 

11 business of the person; and 

12 ‘‘(IV) any history of prior of13 fenses by the person under the food 

14 safety law. 

15 ‘‘(iii) REVIEW OF ORDER.—The order 

16 may be reviewed only in accordance with 

17 paragraph (2). 

18 ‘‘(2) JUDICIAL REVIEW.— 

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

20 civil penalty under paragraph (1) shall be a 

21 final order unless the person— 

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

23 effective date of the order, files a petition 

24 for judicial review of the order in the 

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1 cuit in which that person resides or has its 

2 principal place of business or the United 

3 States Court of Appeals for the District of 

4 Columbia; and 

5 ‘‘(ii) simultaneously serves a copy of 

6 the petition by certified mail to the Sec7 retary. 

8 ‘‘(B) FILING OF RECORD.—Not later than 

9 45 days after the service of a copy of the peti10 tion under subparagraph (A)(ii), the Secretary 

11 shall file in the court a certified copy of the ad12 ministrative record upon which the order was 

13 issued. 

14 ‘‘(C) STANDARD OF REVIEW.—The find15 ings of the Secretary relating to the order shall 

16 be set aside only if found to be unsupported by 

17 substantial evidence on the record as a whole. 

18 ‘‘(3) COLLECTION ACTIONS FOR FAILURE TO

19 PAY.— 

20 ‘‘(A) IN GENERAL.—If any person fails to 

21 pay a civil penalty assessed under paragraph 

22 (1) after the order assessing the penalty has be23 come a final order, or after the court of appeals 

24 described in paragraph (2) has entered final 

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1 retary shall refer the matter to the Attorney 

2 General, who shall institute in a United States 

3 district court of competent jurisdiction a civil 

4 action to recover the amount assessed. 

5 ‘‘(B) LIMITATION ON REVIEW.—In a civil 

6 action under subparagraph (A), the validity and 

7 appropriateness of the order of the Secretary 

8 assessing the civil penalty shall not be subject 

9 to judicial review. 

10 ‘‘(4) PENALTIES PAID INTO ACCOUNT.—The 

11 Secretary— 

12 ‘‘(A) shall deposit penalties collected under 

13 this section in an account in the Treasury; and 

14 ‘‘(B) may use the funds in the account, 

15 without further appropriation or fiscal year lim16 itation— 

17 ‘‘(i) to carry out enforcement activi18 ties under food safety law; or 

19 ‘‘(ii) to provide assistance to States to 

20 inspect retail commercial food establish21 ments or other food or firms under the ju22 risdiction of State food safety programs. 

23 ‘‘(5) DISCRETION OF THE SECRETARY TO PROS24 ECUTE.—Nothing in this part requires the Secretary 

25 to report for prosecution, or for the commencement 


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1 of an action, the violation of the food safety law in 

2 a case in which the Secretary finds that the public 

3 interest will be adequately served by the assessment 

4 of a civil penalty under this section. 

5 ‘‘(6) REMEDIES NOT EXCLUSIVE.—The rem6 edies provided in this subsection are in addition to, 

7 and not exclusive of, other remedies that may be 

8 available under this or any other Act. 

9 ‘‘(b) PRESUMPTION.—In any action to enforce the re10 quirements of the food safety law, the connection with 

11 interstate commerce required for jurisdiction shall be pre12 sumed to exist. 

13 ‘‘(c) WHISTLEBLOWER PROTECTION.— 

14 ‘‘(1) IN GENERAL.—No Federal employee, em15 ployee of a Federal contractor or subcontractor, or 

16 any individual employed by a company or other enti17 ty that is a regulated establishment or any other en18 tity involved in the food supply system (referred to 

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

20 discharged, demoted, suspended, threatened, har21 assed, or in any other manner discriminated against, 

22 because of any lawful act done by the covered indi23 vidual— 

24 ‘‘(A) to provide information, cause infor25 mation to be provided, or otherwise assist in an 


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1 investigation regarding any conduct that the 

2 covered individual reasonably believes con3 stitutes a violation of this Act or a food safety 

4 law, including any related rules or regulations, 

5 or that the covered individual reasonably be6 lieves constitutes a threat to the public health, 

7 if the information or assistance is provided to, 

8 or the investigation is conducted by— 

9 ‘‘(i) a Federal regulatory or law en10 forcement agency; 

11 ‘‘(ii) a Member or committee of Con12 gress; or 

13 ‘‘(iii) a person with supervisory au14 thority over the covered individual (or such 

15 other individual who has the authority to 

16 investigate, discover, or terminate mis17 conduct); 

18 ‘‘(B) to file, cause to be filed, testify, par19 ticipate in, or otherwise assist in a proceeding 

20 or action filed or about to be filed relating to 

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

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

23 violation of any law, rule, or regulation. 

24 ‘‘(2) ENFORCEMENT ACTION.— 

25 ‘‘(A) COMPLAINT.— 


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1 ‘‘(i) IN GENERAL.—A covered indi2 vidual who alleges discharge or other dis3 crimination by any person in violation of 

4 paragraph (1) may seek relief under para5 graph (3) by filing a complaint with the 

6 Secretary of Labor. 

7 ‘‘(ii) LEGAL ACTION.—If the Sec8 retary of Labor has not issued a final deci9 sion by the date that is 210 days after the 

10 date on which the complaint is filed and 

11 there is no showing that the delay is due 

12 to the bad faith of the claimant, the claim13 ant may bring an action at law or equity 

14 for de novo review in the appropriate dis15 trict court of the United States, which 

16 shall have jurisdiction over such an action 

17 without regard to the amount in con18 troversy. 

19 ‘‘(B) PROCEDURE.—An action under sub20 paragraph (A) shall be governed under the rules 

21 and procedures established in section 1012 of 

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

23 U.S.C. 399d). 

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

25 who prevails in any action under subparagraph 


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1 (A) shall be entitled to remedies equivalent to 

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

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

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

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

6 apply and be carried out in accordance with section 

7 1012 of the Federal Food, Drug, and Cosmetic Act 

8 (21 U.S.C. 399d), including the relation of the whis9 tleblower protection provided under this subsection 

10 to the rights of employees, other laws, and inter11 national agreements, and the inability of an em12 ployee to waive the whistleblower protection. 

13 ‘‘(4) RIGHTS RETAINED BY THE COVERED INDI14 VIDUAL.— 

15 ‘‘(A) IN GENERAL.—Nothing in this sub16 section diminishes the rights, privileges, or rem17 edies of any covered individual under any Fed18 eral or State law, or under any collective bar19 gaining agreement. 

20 ‘‘(B) PROHIBITION ON WAIVER.—The 

21 rights and remedies in this subsection may not 

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

23 condition of employment. 

24 ‘‘(d) ADMINISTRATION AND ENFORCEMENT.— 


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1 ‘‘(1) IN GENERAL.—For the efficient adminis2 tration and enforcement of the food safety law, the 

3 provisions (including provisions relating to penalties) 

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

5 Commission Act (15 U.S.C. 46, 48, 49, and 50) (ex6 cept subsections (c) through (h) of section 6 of that 

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

8 of the Federal Trade Commission and the Attorney 

9 General to administer and enforce that Act, and to 

10 the rights and duties of persons with respect to 

11 whom the powers are exercised, shall apply to the ju12 risdiction, powers, and duties of the Secretary and 

13 the Attorney General in administering and enforcing 

14 the provisions of the food safety law and to the 

15 rights and duties of persons with respect to whom 

16 the powers are exercised, respectively. 

17 ‘‘(2) INQUIRIES AND ACTIONS.— 

18 ‘‘(A) IN GENERAL.—The Secretary, in per19 son or by such agents as the Secretary may 

20 designate, may prosecute any inquiry necessary 

21 to carry out the duties of the Secretary under 

22 the food safety law in any part of the United 

23 States. 

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

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1 mission Act (15 U.S.C. 49 and 50) on the 

2 United States district courts may be exercised 

3 for the purposes of this part by any United 

4 States district court of competent jurisdiction. 

5 ‘‘(e) CITIZEN CIVIL ACTIONS.— 

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

7 a civil action against the Secretary (in his or her ca8 pacity as the Secretary)— 

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

10 act or duty that is not discretionary under a 

11 food safety law and the failure to perform that 

12 act or duty presents a clear, demonstrated, and 

13 serious present threat to public health; but 

14 ‘‘(B) only after the person has— 

15 ‘‘(i) filed a petition with the Sec16 retary; and 

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

18 comply with nondiscretionary acts or du19 ties. 

20 ‘‘(2) COURT.— 

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

22 commenced in the United States district court 

23 for the district in which the defendant resides, 

24 is found, or has an agent. 


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

2 jurisdiction, without regard to the amount in 

3 controversy, or the citizenship of the parties, to 

4 require the Secretary to perform a nondis5 cretionary act or duty under a food safety law, 

6 if— 

7 ‘‘(i) it is proven that— 

8 ‘‘(I)(aa) the act or duty is not 

9 discretionary and is critical to public 

10 health protection; and 

11 ‘‘(bb) the Secretary has the ap12 propriate financial resources to per13 form the act or duty; 

14 ‘‘(II)(aa) the Secretary was given 

15 180 days to perform the act or duty 

16 prior to the filing of an action; and 

17 ‘‘(bb) the Secretary did not per18 form the act or duty; and 

19 ‘‘(ii) the plaintiff presents credible evi20 dence, including, if applicable, evidence 

21 representing the current scientific knowl22 edge, that indicates that an act or duty 

23 necessary to regulate or control a food 

24 safety hazard has not been performed by 

25 the Secretary. 


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1 ‘‘(C) DAMAGES.—The court may— 

2 ‘‘(i) require the Secretary to perform 

3 the act or duty in question towards a 

4 standard of protecting public health; and 

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

6 the costs of suit, including reasonable at7 torney’s fees and reasonable expert witness 

8 fees, if— 

9 ‘‘(I) awarding the fees is in the 

10 interest of justice; 

11 ‘‘(II) the failure of the Secretary 

12 to perform a required act or duty is 

13 found to be capricious or negligent; 

14 and 

15 ‘‘(III) awarding the fees would 

16 not reduce resources applied to public 

17 health inspections.’’. 

18 TITLE III—CRIMINAL PENALTIES 

19 AND OTHER PROVISIONS 

20 SEC. 301. CRIMINAL PENALTIES. 

21 (a) POULTRY PRODUCTS INSPECTION ACT.—Section 

22 12 of the Poultry Products Inspection Act (21 U.S.C. 

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

24 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

25 UNSAFE FOOD.— 


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1 ‘‘(1) CRIMINAL SANCTIONS.— 

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

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

5 poultry product that is unsafe or otherwise 

6 adulterated or misbranded shall be imprisoned 

7 for not more than 10 years or fined not more 

8 than $25,000, or both. 

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

10 commits a violation described in subparagraph 

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

12 subsection has become final, or commits such a 

13 violation with the intent to defraud or mislead, 

14 shall be imprisoned for not more than 20 years 

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

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

17 Secretary shall deposit penalties collected under this 

18 subsection in the account described in section 

19 265(a)(4) of the Department of Agriculture Reorga20 nization Act of 1994. 

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

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

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


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1 that the public interest will be adequately served by 

2 the assessment of a civil penalty. 

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

5 and not exclusive of, other remedies that may be 

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

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

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

9 amended by adding at the end the following: 

10 ‘‘(d) KNOWING INTRODUCTION INTO COMMERCE OF

11 UNSAFE FOOD.— 

12 ‘‘(1) CRIMINAL SANCTIONS.— 

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

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

16 meat food product that is unsafe or otherwise 

17 adulterated or misbranded shall be imprisoned 

18 for not more than 10 years or fined not more 

19 than $25,000, or both. 

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

21 commits a violation described in subparagraph 

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

23 subsection has become final, or commits such a 

24 violation with the intent to defraud or mislead, 


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1 shall be imprisoned for not more than 20 years 

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

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

4 Secretary shall deposit penalties collected under this 

5 subsection in the account described in section 

6 265(a)(4) of the Department of Agriculture Reorga7 nization Act of 1994. 

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

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

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

13 that the public interest will be adequately served by 

14 the assessment of a civil penalty. 

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

17 and not exclusive of, other remedies that may be 

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

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

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

21 amended by adding at the end the following: 

22 ‘‘(f) KNOWING INTRODUCTION INTO COMMERCE OF

23 UNSAFE FOOD.— 

24 ‘‘(1) CRIMINAL SANCTIONS.— 


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

2 subparagraph (B), a person that knowingly pro3 duces or introduces into commerce eggs or egg 

4 products that are unsafe or otherwise adulter5 ated or misbranded shall be imprisoned for not 

6 more than 10 years or fined not more than 

7 $25,000, or both. 

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

9 commits a violation described in subparagraph 

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

11 subsection has become final, or commits such a 

12 violation with the intent to defraud or mislead, 

13 shall be imprisoned for not more than 20 years 

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

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

16 Secretary shall deposit penalties collected under this 

17 subsection in the account described in section 

18 265(a)(4) of the Department of Agriculture Reorga19 nization Act of 1994. 

20 ‘‘(3) DISCRETION OF THE SECRETARY TO PROS21 ECUTE.—Nothing in this subsection requires the 

22 Secretary to report for prosecution, or for the com23 mencement of an action, a violation described in 

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


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1 that the public interest will be adequately served by 

2 the assessment of a civil penalty. 

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

5 and not exclusive of, other remedies that may be 

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

7 SEC. 302. REPORTS AND EVALUATION OF IMPLEMENTA8 TION. 

9 (a) SECRETARY.—Not later than 1 year after the 

10 date of enactment of this Act and each of the following 

11 2 years, the Secretary of Agriculture shall submit to Con12 gress a report that— 

13 (1) describes the progress of the Secretary in 

14 implementing this Act and the amendments made by 

15 this Act; 

16 (2) includes any requests for additional re17 sources or clarification or modification of policy; and 

18 (3) suggests any necessary technical or con19 forming amendments. 

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

21 years after the date of enactment of this Act, the Comp22 troller General of the United States shall— 

23 (1) carry out a comprehensive evaluation of the 

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1 tion of this Act and the amendments made by this 

2 Act, including— 

3 (A) management of agency resources; 

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

5 (C) the public health and food safety out6 comes achieved; and 

7 (2) submit to Congress a report describing the 

8 results of the evaluation. 

9 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

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

11 are authorized to be appropriated to carry out this Act 

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

13 necessary for each fiscal year. 

14 (b) LIMITATION ON APPROPRIATIONS.—For the fis15 cal year that includes the date of enactment of this Act, 

16 the amount authorized to be appropriated to carry out this 

17 Act and the amendments made by this Act shall not ex18 ceed— 

19 (1) the amount appropriated for that fiscal year 

20 for the Food Safety and Inspection Service, includ21 ing any additional separate appropriations for the 

22 activities of the Under Secretary for Food Safety; or 

23 (2) the amount appropriated for the Food Safe24 ty and Inspection Service and the Under Secretary 

25 for Food Safety for the preceding fiscal year, if as 


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1 of the date of enactment of this Act, the relevant ap2 propriations for the fiscal year that includes the date 

3 of enactment of this Act have not yet been made. 

Æ 


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