II

103D CONGRESS

2D SESSION S. 2350

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

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

for meat and poultry products, to improve scientific research and understanding of foodborne illnesses, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2 (legislative day, JULY 20), 1994

Mr. BRADLEY (for himself and Mr. LAUTENBERG) introduced the following

bill; which was read twice and referred to the Committee on Agriculture,

Nutrition, and Forestry

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 such Acts,

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

research and understanding of foodborne illnesses, 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,
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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. 111. Termination of Food Safety and Inspection Service and transfer of

assets, appropriations, and personnel to the Agency.

Sec. 112. Clarification of authority of Director to administer the Federal Meat

Inspection Act.

Sec. 113. Clarification of authority of Director to administer the Poultry Products Inspection Act.

Sec. 114. Clarification of authority of Director to administer the Egg Products

Inspection Act.

Sec. 115. Office of Inspector General of the Agency.

SUBTITLE C—OTHER MATTERS

Sec. 121. 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.
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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.);
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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.—Section 5313 of title 5, United

18 States Code, is amended by adding at the end the follow19 ing:

20 ‘‘Director of Meat, Poultry, and Eggs Inspec21 tion.’’.

22 SEC. 103. GENERAL AUTHORITIES OF THE DIRECTOR.

23 (a) ASSISTANT DIRECTORS.—

24 (1) APPOINTMENT.—The Director may appoint

25 not more than 8 assistant directors of the Agency,
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1 who shall perform such supervisory and administra2 tive duties with respect to the Agency and the in3 spection laws as the Director considers appropriate.

4 (2) COMPENSATION.—Section 5315 of title 5,

5 United States Code, is amended by adding at the

6 end the following:

7 ‘‘Assistant Directors, Meat, Poultry, and Eggs

8 Inspection Agency.’’.

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

10 appoint officers and employees for the Agency in accord11 ance with the provisions of title 5, United States Code,

12 relating to appointment in the competitive service, and fix

13 the compensation of the officers and employees in accord14 ance with chapter 51 and with subchapter III of chapter

15 53 of such title, relating to classification and General

16 Schedule pay rates.

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

18 The Director may enter into agreements with other Fed19 eral agencies, in particular the Department of Agriculture,

20 under which officers or employees of the agencies may be

21 detailed to the Agency. The detailing of an officer or em22 ployee of another agency under this subsection shall be

23 made without prejudice to the status or advancement of

24 the officer or employee within the other agency.
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1 (d) ADDITIONAL AGREEMENTS WITH OTHER AGEN2 CIES.—The Director may utilize or employ the services,

3 personnel, equipment, or facilities of any other Federal

4 agency, with the consent of the head of the agency con5 cerned, to perform such functions on behalf of the Agency

6 as the Director considers appropriate.

7 (e) EXPERTS AND CONSULTANTS.—The Director

8 may procure the services of experts and consultants as au9 thorized by section 3109 of title 5, United States Code,

10 and pay in connection with the services travel expenses

11 of individuals, including transportation and per diem in

12 lieu of subsistence while away from the homes or regular

13 places of business of the individuals, as authorized by sec14 tion 5703 of such title.

15 (f) BUREAUS, OFFICES, AND DIVISIONS.—The Direc16 tor may establish within the Agency such bureaus, offices,

17 and divisions as the Director may determine to be nec18 essary to discharge the responsibilities of the Agency, in19 cluding an Office of the General Counsel.

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

21 may establish, alter, discontinue, or maintain such re22 gional or other field offices as the Director may determine

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

24 Director or other officials of the Agency.
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1 SEC. 104. BUREAU FOR IMPROVED INSPECTION CAPABILI2 TIES.

3 (a) ESTABLISHMENT.—There is established within

4 the Agency an entity to be known as the ‘‘Bureau for Im5 proved Inspection Capabilities’’, which shall support ef6 forts to develop modern scientific techniques to improve

7 the inspection of meat, poultry, and eggs under the inspec8 tion laws and to incorporate the techniques into the in9 spection practices used by the Agency.

10 (b) BUREAU DIRECTOR.—The Director shall des11 ignate 1 of the assistant directors of the Agency appointed

12 under section 103(a) to serve as director of the Bureau.

13 The director of the Bureau shall report directly to the Di14 rector.

15 (c) ADVISORY COMMISSION ON INSPECTION.—

16 (1) APPOINTMENT AND DUTIES.—The Director

17 shall appoint an advisory commission to make rec18 ommendations to the Director regarding methods to

19 improve inspection techniques used to carry out the

20 inspection laws, including improving the reliability of

21 the inspections. The commission shall also perform

22 such other advisory or investigative duties as may be

23 assigned to the commission by this section or the Di24 rector.

25 (2) MEMBERS.—The members of the commis26 sion shall consist of—
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1 (A) representatives of the meat, poultry,

2 and egg industries;

3 (B) scientists who are experts in the field

4 of food safety; and

5 (C) government officials who are actively

6 involved in meat, poultry, or eggs inspection at

7 the Federal or State level.

8 (3) TIME PERIOD FOR FIRST RECOMMENDA9 TIONS.—Not later than 180 days after the date on

10 which the commission is first appointed, the commis11 sion shall present the Director with a list of rec12 ommendations regarding methods for improving cur13 rent meat, poultry, and eggs inspection techniques.

14 (d) GRANT AND CONTRACT AUTHORITY FOR RE15 SEARCH.—The Director may make grants to, and enter

16 into contracts with, State and local governments, institu17 tions of higher education, and nonprofit research organiza18 tions for the purpose of promoting research to evaluate

19 the feasibility of implementing recommendations submit20 ted by the commission under subsection (c). Grants and

21 contracts under this subsection shall be made by the Di22 rector on a competitive basis in consultation with the Bu23 reau and the commission. The commission shall review

24 and evaluate research conducted with assistance provided

25 under this subsection.
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1 (e) IMPLEMENTATION OF RESULTS.—The Director

2 may prescribe rules to carry out any recommendations

3 submitted by the commission under subsection (c) that the

4 Director determines have potential for improving inspec5 tion techniques or reliability under the inspection laws.

6 SEC. 105. RULES.

7 The Director may prescribe, in accordance with chap8 ters 5 and 6 of title 5, United States Code, such rules

9 as the Director determines to be necessary or appropriate

10 to administer and manage the functions of the Agency.

11 Subtitle B—Transitional Provisions

12 SEC. 111. TERMINATION OF FOOD SAFETY AND INSPECTION

13 SERVICE AND TRANSFER OF ASSETS, APPRO14 PRIATIONS, AND PERSONNEL TO THE

15 AGENCY.

16 (a) TERMINATION OF SERVICE.—As soon as the Sec17 retary of Agriculture determines is practicable, the Sec18 retary shall terminate the activities of the Food Safety and

19 Inspection Service of the Department of Agriculture to the

20 extent the activities relate to the administration or oper21 ation of the inspection laws.

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

23 with section 1531 of title 31, United States Code, the as24 sets, liabilities, contracts, property, records, and unex25 pended balances of appropriations, authorizations, alloca-
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1 tions, and other funds of the Food Safety and Inspection

2 Service used in connection with the administration or op3 eration of the inspection laws shall be transferred to the

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

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

6 Unexpended funds transferred pursuant to this subsection

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

8 which the funds were originally authorized and appro9 priated.

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

11 beginning on the date of enactment of this Act and ending

12 on the termination of the Food Safety and Inspection

13 Service under subsection (a), the Secretary of Agriculture

14 shall transfer to the Agency the officers and employees

15 of the Food Safety and Inspection Service who perform

16 duties in connection with the administration or operation

17 of the inspection laws.

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

19 transfer under subsection (c) of any full-time employee

20 (except a special Federal employee) and part-time em21 ployee holding a permanent position shall not cause the

22 employee to be separated or reduced in grade or com23 pensation during the 1-year period beginning on the date

24 of the transfer of the employee under subsection (c). Any

25 person who, on the day preceding the date of enactment
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1 of this Act, held a position compensated in accordance

2 with the Executive Schedule prescribed in chapter 53 of

3 title 5, United States Code, and who, without a break in

4 service, is appointed in the Agency to a position having

5 duties comparable to the duties performed immediately

6 preceding the appointment shall continue to be com7 pensated in the new position at not less than the rate pro8 vided for the previous position, for the duration of the

9 service of the person in the new position.

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

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

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

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

14 and Inspection Service in connection with the administra15 tion or operation of the inspection laws shall be considered

16 to be a reference to the Agency.

17 SEC. 112. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

18 ADMINISTER THE FEDERAL MEAT INSPEC19 TION ACT.

20 (a) DEFINITION OF DIRECTOR.—Subsection (a) of

21 section 1 of the Federal Meat Inspection Act (21 U.S.C.

22 601(a)) is amended to read as follows:

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

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

25 Eggs Inspection Agency.’’.
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1 (b) REPEAL OF REFERENCES TO SECRETARY OF AG2 RICULTURE.—

3 (1) IN GENERAL.—Except as provided in para4 graph (2), such Act (21 U.S.C. 601 et seq.) is

5 amended by striking ‘‘Secretary’’ each place it ap6 pears and inserting ‘‘Director’’.

7 (2) EXCEPTIONS.—Sections 1(n)(10), 7(c)(2),

8 and 409(b) (21 U.S.C. 601(n)(10), 607(c)(2), and

9 679(b)) are amended by striking ‘‘Secretary of

10 Health, Education, and Welfare’’ each place it ap11 pears and inserting ‘‘Secretary of Health and

12 Human Services’’.

13 (c) REPEAL OF REFERENCES TO DEPARTMENT OF

14 AGRICULTURE.—Such Act is amended—

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

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

17 Eggs Inspection Agency’’; and

18 (2) in section 20(e)(4) (21 U.S.C. 620(e)(4)),

19 by striking ‘‘Department of Agriculture’’ and insert20 ing ‘‘Meat, Poultry, and Eggs Inspection Agency’’.
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1 SEC. 113. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

2 ADMINISTER THE POULTRY PRODUCTS IN3 SPECTION ACT.

4 (a) DEFINITION OF DIRECTOR.—Subsection (i) of

5 section 4 of the Poultry Products Inspection Act (21

6 U.S.C. 453(i)) is 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.—Subsection (q) of sec11 tion 4 of such Act (21 U.S.C. 453(q)) is amended to read

12 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), such Act is amended—

19 (A) in the last sentence of section 2 (21

20 U.S.C. 451), by striking ‘‘Secretary of Agri21 culture’’ and inserting ‘‘Director of Meat, Poul22 try, and Eggs Inspection of the Meat, Poultry,

23 and Eggs Inspection Agency’’;

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

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

26 (21 U.S.C. 453 et seq.), by striking ‘‘Sec-
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1 retary’’ each place it appears and inserting ‘‘Di2 rector’’;

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)(4), 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.—Sections 4(h)(10), 8(b)(2),

14 and 24(b) (21 U.S.C. 453(h)(10), 457(b)(2), and

15 467f(b)) are amended by striking ‘‘Secretary of

16 Health, Education, and Welfare’’ each place it ap17 pears and inserting ‘‘Secretary of Health and

18 Human Services’’.

19 SEC. 114. CLARIFICATION OF AUTHORITY OF DIRECTOR TO

20 ADMINISTER THE EGG PRODUCTS INSPEC21 TION ACT.

22 (a) DEFINITION OF DIRECTOR.—Subsection (x) of

23 section 4 of the Egg Products Inspection Act (21 U.S.C.

24 1033(x)) is amended to read as follows:
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1 ‘‘(x) 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), such Act is amended—

8 (A) in the last sentence of section 2 (21

9 U.S.C. 1031), by striking ‘‘Secretary of Agri10 culture’’ and inserting ‘‘Director of Meat, Poul11 try, and Eggs Inspection of the Meat, Poultry,

12 and Eggs Inspection Agency’’;

13 (B) in sections 4 (other than subsection

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

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

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

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

18 ‘‘Director’’;

19 (C) in section 4(j) (21 U.S.C. 1033(j)), by

20 striking ‘‘responsible Secretary’’ and inserting

21 ‘‘Director or the Secretary of Health and

22 Human Services, as the case may be,’’;

23 (D) in the last sentence of section 5(d) (21

24 U.S.C. 1034(d)), by striking ‘‘said Secretaries’’
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1 and inserting ‘‘the Director or the Secretary of

2 Health and Human Services’’;

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

4 1037(e)(8)), by striking ‘‘Secretary of Agri5 culture’’ and inserting ‘‘Director’’;

6 (F) in section 11 (21 U.S.C. 1040)—

7 (i) by striking ‘‘Secretary of Agri8 culture’’ and inserting ‘‘Director’’; and

9 (ii) by striking ‘‘either of said Sec10 retaries’’ and inserting ‘‘either the Director

11 or the Secretary of Health and Human

12 Services’’;

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

14 striking ‘‘Secretary of Agriculture’’ both places

15 it appears and inserting ‘‘Director’’; and

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

17 23 (21 U.S.C. 1052), by striking ‘‘Secretary of

18 Agriculture’’ both places it appears and insert19 ing ‘‘Director’’.

20 (2) EXCEPTIONS.—

21 (A) IN GENERAL.—Paragraph (1)(B) shall

22 not apply to the following uses of the term

23 ‘‘Secretary’’ in such Act:

24 (i) Section 5(d) (21 U.S.C. 1034(d)),

25 the second place the term appears.
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1 (ii) Section 5(e)(3) (21 U.S.C.

2 1034(e)(3)), both places the term appears.

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

4 1034(e)(5)), the second place the term ap5 pears.

6 (B) OBSOLETE REFERENCES.—Sections

7 13 and 23(d) (21 U.S.C. 1042 and 1052(d))

8 are amended by striking ‘‘Secretary of Health,

9 Education, and Welfare’’ each place it appears

10 and inserting ‘‘Secretary of Health and Human

11 Services’’.

12 (c) REPEAL OF REFERENCES TO DEPARTMENT OF

13 AGRICULTURE.—Such Act is amended—

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

15 striking ‘‘Department of Agriculture’’ and inserting

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

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

18 1054(a)(2)(C)), by striking ‘‘Department of Agri19 culture’’ and inserting ‘‘Meat, Poultry, and Eggs In20 spection Agency’’.

21 SEC. 115. OFFICE OF INSPECTOR GENERAL OF THE

22 AGENCY.

23 (a) TREATMENT OF AGENCY AS A DESIGNATED FED24 ERAL ENTITY.—Section 8G(a)(2) of the Inspector General

25 Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the
18

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

2 Legal Services Corporation,’’.

3 (b) TIME FOR ESTABLISHMENT.—The Office of In4 spector General of the Agency required to be established

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

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

7 after the date of enactment of this Act.

8 Subtitle C—Other Matters

9 SEC. 121. DEFINITIONS.

10 As used in this title:

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

12 Meat, Poultry, and Eggs Inspection Agency estab13 lished under section 101.

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

15 the Director of Meat, Poultry, and Eggs Inspection

16 appointed under section 102(a).

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

18 laws’’ means—

19 (A) the Federal Meat Inspection Act (21

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

21 (B) the Poultry Products Inspection Act

22 (21 U.S.C. 451 et seq.); and

23 (C) the Egg Products Inspection Act (21

24 U.S.C. 1031 et seq.).
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1 TITLE II—EXPANSION OF FOODS

2 COVERED BY INSPECTION LAWS

3 SEC. 201. COVERAGE OF ADDITIONAL MEATS UNDER THE

4 FEDERAL MEAT INSPECTION ACT.

5 The Federal Meat Inspection Act is amended by in6 serting after section 2 (21 U.S.C. 602) the following new

7 section:

8 ‘‘SEC. 2A. COVERAGE OF ADDITIONAL MEATS.

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

10 mules, and other equines covered by this Act, the Director

11 may extend the application of this Act to cover other ani12 mals (such as deer, bison, and rabbits) intended for

13 human consumption.’’.

14 SEC. 202. COVERAGE OF ADDITIONAL POULTRY UNDER

15 THE POULTRY PRODUCTS INSPECTION ACT.

16 The Poultry Products Inspection Act is amended by

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

18 section:

19 ‘‘SEC. 5A. COVERAGE OF ADDITIONAL POULTRY.

20 ‘‘In addition to chickens and turkeys covered by this

21 Act, the Director may extend the application of this Act

22 to cover other poultry (such as quail, pheasant, and squab)

23 intended for human consumption.’’.
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1 TITLE III—ESTABLISHMENT AND

2 ENFORCEMENT OF SAFE

3 COOKING STANDARDS FOR

4 MEAT AND POULTRY PROD5 UCTS

6 SEC. 301. ESTABLISHMENT OF SAFE COOKING STANDARDS.

7 (a) ESTABLISHMENT.—The Director shall establish,

8 by rule, safe cooking standards for the preparation of

9 meat and poultry products, and foods containing meat and

10 poultry products, at restaurants and other retail food es11 tablishments. The Director shall require that all meat and

12 poultry products, and foods containing meat and poultry

13 products, that require cooking or smoking shall be cooked

14 to heat all parts of the item to a temperature established

15 in the standards as sufficient to destroy potentially harm16 ful foodborne microorganisms.

17 (b) ENTITIES SUBJECT TO SAFE COOKING STAND18 ARDS.—Each restaurant or other retail food establishment

19 operating in the United States shall comply with the safe

20 cooking standards established pursuant to subsection (a),

21 except that the Director may exempt a restaurant or other

22 retail food establishment, or types of restaurants and

23 other retail food establishments, from the standards.

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

25 other retail food establishment may deviate from the safe
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1 cooking standard applicable to the cooking or smoking of

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

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

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

5 necessitates a lower cooking temperature than the stand6 ard.

7 SEC. 302. ENFORCEMENT OF SAFE COOKING STANDARDS.

8 (a) ENFORCEMENT.—The Director shall use the offi9 cers and employees of the Meat, Poultry, and Eggs Inspec10 tion Agency to enforce the safe cooking standards estab11 lished under section 301(a).

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

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

14 the Director shall cause to be made, by inspectors ap15 pointed for the purpose, an examination and inspection

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

17 containing meat and poultry products, at restaurants and

18 other retail food establishments subject to this title. The

19 examination and inspection shall be conducted with such

20 frequency, and in such manner, as the Director considers

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

22 Director shall take into account such factors as the Direc23 tor considers to be appropriate, including—
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1 (1) the nature and frequency of the cooking op2 erations at the restaurant or other retail food estab3 lishment involved;

4 (2) the adequacy and reliability of the cooking

5 controls and sanitary procedures at the restaurant

6 or establishment; and

7 (3) the history of compliance with inspection re8 quirements in effect under this title by the operator

9 of the restaurant or establishment.

10 (c) ACCESS.—For purposes of any examination or in11 spection under subsection (b), an inspector shall have ac12 cess to every part of a restaurant or other retail food es13 tablishment subject to this title during operating hours of

14 the restaurant or establishment.

15 SEC. 303. CIVIL PENALTY FOR VIOLATIONS OF SAFE COOK16 ING STANDARDS.

17 (a) PENALTY.—A restaurant or other retail food es18 tablishment subject to this title that violates a safe cook19 ing standard established under section 301(a) shall be lia20 ble to the United States for a civil penalty assessed under

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

22 not to exceed $1000, for each violation.

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

2 subsection (a) may be assessed by the Director only

3 on the record after an opportunity for a hearing.

4 (2) SUBPOENAS.—In connection with a hearing

5 under paragraph (1), the Secretary shall have the

6 power to issue subpoenas.

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

8 Nothing in this title precludes a State or local govern9 ment from establishing or enforcing any safe cooking

10 standards for the preparation of meat and poultry prod11 ucts, and foods containing meat and poultry products, that

12 are not in conflict with the safe cooking standards estab13 lished under section 301(a).

14 SEC. 305. WHISTLEBLOWER PROTECTION.

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

16 other retail food establishment subject to this title, and

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

18 or discriminated against in any way because that employee

19 or other person—

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

21 Inspection Agency of a violation or possible violation

22 of a safe cooking standard established under section

23 301(a); or

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

25 or participated, or is about to assist or participate
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1 in a proceeding or other action to enforce the stand2 ard.

3 (b) ENFORCEMENT OF PROTECTIONS.—The process

4 and procedures specified in subsections (b), (c), and (d)

5 of section 31105 of title 49, United States Code, shall

6 apply with respect to an alleged violation of subsection (a)

7 of this section in the same manner as such subsections

8 apply to a violation of subsection (a) or (b) of such section

9 405, except that any reference to the Secretary of Labor

10 in such subsections shall be deemed to refer to the Sec11 retary of Agriculture for purposes of this subsection.

12 SEC. 306. DEFINITIONS.

13 As used in this title:

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

15 the Director of Meat, Poultry, and Eggs Inspection

16 appointed under section 102(a).

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

18 provided in section 201(f) of the Federal Food,

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

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

21 provided the term ‘‘meat food product’’ in section

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

23 601(j)).

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

25 product’’ has the meaning provided in section 4(f) of
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1 the Poultry Products Inspection Act (21 U.S.C.

2 453(f)).

3 (5) RESTAURANT; OTHER RETAIL FOOD ESTAB4 LISHMENT.—The terms ‘‘restaurant’’ and ‘‘other re5 tail food establishment’’ mean any place at which

6 meat or poultry products, or foods containing meat

7 or poultry products, are cooked or smoked for retail

8 sale to and consumption by a customer without addi9 tional cooking by the customer, whether or not the

10 consumption occurs on the premises or elsewhere.

11 The terms include any central kitchen facility that

12 cooks or smokes meat or poultry products, or foods

13 containing meat or poultry products, that are ready

14 to eat when the products or foods leave the facility

15 and are served in meals or as entrees sold to cus16 tomers at a restaurant owned or operated by the

17 same person, firm, or corporation owning or operat18 ing the facility.

19 TITLE IV—EPIDEMIOLOGICAL

20 ACTIVITIES REGARDING

21 FOODBORNE DISEASES

22 SEC. 401. EPIDEMIOLOGICAL ACTIVITIES.

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

24 (42 U.S.C. 243 et seq.) is amended by inserting after sec25 tion 317F the following new section:
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1 ‘‘SEC. 317G. PREVENTION AND CONTROL OF FOODBORNE

2 DISEASES.

3 ‘‘(a) IN GENERAL.—The Secretary, acting through

4 the Director of the Centers for Disease Control and Pre5 vention, may carry out activities for the prevention and

6 control of foodborne diseases. The Secretary may carry

7 out the activities directly, and through grants to, and co8 operative agreements and contracts with, public and non9 profit private entities.

10 ‘‘(b) POPULATION-BASED SURVEILLANCE REGARD11 ING SELECTED DISEASES.—

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

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

14 nonprofit private entities, shall select specific popu15 lations and, with respect to the selected populations,

16 carry out the following activities regarding foodborne

17 diseases:

18 ‘‘(A) Monitor the incidence and prevalence

19 of the diseases.

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

21 pathogenic agents for the diseases.

22 ‘‘(C) Determine the extent to which var23 ious treatments are effective responses to the

24 agents so identified.
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1 ‘‘(D) Carry out activities to determine the

2 circumstances under which individuals are at

3 risk of the diseases.

4 ‘‘(E) Evaluate efforts to control the dis5 eases.

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

7 determines to be appropriate.

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

9 The Secretary shall select the foodborne diseases

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

11 out. For purposes of the preceding sentence, the

12 Secretary may select conditions that have, or have

13 not, been scientifically named, and may select patho14 genic agents.

15 ‘‘(c) ACTIVITIES REGARDING NEW AND EMERGING

16 FOODBORNE PATHOGENS.—In carrying out subsection

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

18 out the following activities regarding new and emerging

19 foodborne pathogens:

20 ‘‘(1) Collect data on the incidence and preva21 lence of the pathogens throughout the States.

22 ‘‘(2) Conduct epidemiological research on the

23 pathogens, including research to identify significant

24 strains and research to determine whether different

25 strains can cause the same foodborne disease.
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1 ‘‘(3) Assist the States in developing the capabil2 ity to identify the pathogens.

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

4 control of foodborne diseases caused by the patho5 gens, including projects for disseminating informa6 tion on the treatment of the diseases.

7 ‘‘(5) Such other activities as the Secretary de8 termines to be appropriate.

9 ‘‘(d) SUPPLIES AND SERVICES IN LIEU OF FINAN10 CIAL ASSISTANCE.—

11 ‘‘(1) IN GENERAL.—On the request of a recipi12 ent of an award of a grant, or a party that enters

13 into a cooperative agreement or contract, under this

14 section, the Secretary may, subject to paragraph (2),

15 provide supplies, equipment, and services for the

16 purpose of aiding the recipient or party to carry out

17 the program involved. For the purpose, the Sec18 retary may detail to the recipient or party any offi19 cer or employee of the Department of Health and

20 Human Services.

21 ‘‘(2) CORRESPONDING REDUCTION IN PAY22 MENTS.—With respect to a request described in

23 paragraph (1), the Secretary shall reduce the

24 amount of payments under the award involved by an

25 amount equal to the costs of detailing officers and
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1 employees and the fair market value of any supplies,

2 equipment, or services provided by the Secretary.

3 The Secretary shall, for the payment of expenses in4 curred in complying with the request, expend the

5 amounts withheld.

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

7 provide technical assistance to public and nonprofit pri8 vate entities with respect to the planning, development,

9 and operation of any program or service carried out pursu10 ant to this section. The Secretary may provide the tech11 nical assistance directly or through grants, cooperative

12 agreements, or contracts.

13 ‘‘(f) AUTHORIZATIONS OF APPROPRIATIONS.—

14 ‘‘(1) IN GENERAL.—For the purpose of carry15 ing out this section other than activities under sub16 sections (b) and (c), there are authorized to be ap17 propriated such sums as may be necessary for each

18 of fiscal years 1995 through 1999.

19 ‘‘(2) POPULATION-BASED SURVEILLANCE RE20 GARDING SELECTED DISEASES.—For the purpose of

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

22 be appropriated $7,000,000 for fiscal year 1995,

23 and such sums as may be necessary for each of fis24 cal years 1996 through 1999.
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1 ‘‘(3) ACTIVITIES REGARDING NEW AND EMERG2 ING FOODBORNE PATHOGENS.—For the purpose of

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

4 be appropriated $5,000,000 for fiscal year 1995,

5 and such sums as may be necessary for each of fis6 cal years 1996 through 1999.

7 ‘‘(4) AVAILABILITY OF FUNDS FOR STAFF8 ING.—The purposes for which amounts appropriated

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

10 shall include defraying costs incurred in employing

11 officers and employees of the Centers for Disease

12 Control and Prevention. Amounts available for a fis13 cal year pursuant to the preceding sentence shall be

14 in addition to any other amounts that are available

15 for the year for program management regarding the

16 Centers.’’.

17 TITLE V—RESEARCH ON TREAT18 MENT OF FOODBORNE DIS19 EASES

20 SEC. 501. RESEARCH ON TREATMENT; NATIONAL INSTI21 TUTE OF DIABETES AND DIGESTIVE AND KID22 NEY DISEASES.

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

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

25 at the end the following new section:
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1 ‘‘SEC. 434A. FOODBORNE DISEASES.

2 ‘‘(a) IN GENERAL.—In carrying activities under sec3 tion 426, the Director of the Institute shall conduct or

4 support activities regarding foodborne diseases, including

5 research on the treatment of the diseases.

6 ‘‘(b) CLINICAL GUIDELINES.—In carrying out sub7 section (a), the Director of the Institute shall develop clini8 cal guidelines on the treatment of foodborne diseases.

9 ‘‘(c) DATA SYSTEM; CLEARINGHOUSE.—The activi10 ties of the National Digestive Diseases Data System under

11 section 427(b) shall include activities regarding foodborne

12 diseases. The activities of the National Digestive Diseases

13 Information Clearinghouse under such section shall in14 clude activities regarding foodborne diseases, including ac15 tivities regarding clinical guidelines developed under sub16 section (b).’’.

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