II

103D CONGRESS

2D SESSION S. 2453

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

Act, and animal quarantine laws to provide for improved public health

and food safety through the reduction of pathogens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Mr. DASCHLE (for himself and Mr. LEAHY) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Federal Meat Inspection Act, the Poultry

Products Inspection Act, and animal quarantine laws

to provide for improved public health and food safety

through the reduction of pathogens, 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. This Act may be cited as ‘‘The Pathogen

4 Reduction Act of 1994’’.

5 TITLE I

6 LEGISLATIVE FINDINGS

7 SEC. 101. The Congress finds that:
2

•S 2453 IS

1 (a) Pathogens are a significant source of

2 foodborne illness associated with meat, meat food

3 products, poultry, and poultry products.

4 (b) Proper handling of meat or products of cat5 tle, sheep, swine, goats, horses, mules, or other

6 equines, or poultry products which may bear or con7 tain human pathogens is necessary to prevent

8 foodborne illness.

9 (c) Livestock and poultry producers, handlers,

10 processors, distributors, transporters, and retailers

11 all share responsibility in handling livestock, meat,

12 meat food products, poultry, and poultry products in

13 such a way as to protect the public health.

14 (d) The distribution of meat, meat food prod15 ucts, poultry, or poultry products which could be in16 jurious to the public health because they contain

17 human pathogens, would impair the effective regula18 tion of wholesome meat, meat food products, poul19 try, or poultry products in interstate and foreign

20 commerce and would destroy markets for wholesome

21 products.

22 (e) In order to reduce the risk of foodborne ill23 nesses and protect public health, a concerted effort

24 is required on the part of regulatory authorities and

25 all parties involved in the production and handling
3

•S 2453 IS

1 of meat, meat food products, poultry, or poultry

2 products to address the problem of microbial con3 tamination using the best available scientific infor4 mation and appropriate technology.

5 (f) All articles and other animals which are sub6 ject to this Act are either in interstate or foreign

7 commerce or substantially affect such commerce,

8 and regulation by the Secretary of Agriculture and

9 cooperation by the States as contemplated by this

10 Act are necessary to prevent or eliminate burdens

11 upon such commerce and to protect the health and

12 welfare of consumers.

13 AMENDMENTS TO THE FEDERAL MEAT INSPECTION ACT

14 SEC. 102. The Federal Meat Inspection Act (21

15 U.S.C. 601, et seq.) is amended:

16 (1) In section 1 (21 U.S.C. 601), by adding a

17 definition of ‘‘official establishment’’ to read as fol18 lows:

19 ‘‘(w) The term ‘official establishment’ means any es20 tablishment as determined by the Secretary at which in21 spection of the slaughter of cattle, sheep, swine, goats,

22 mules, and other equines, or the processing of meat and

23 meat food products of such animals, is maintained under

24 authority of this Act.’’;

25 (2) In section 3(a) (21 U.S.C. 603(a)), by in26 serting ‘‘on the basis of the best available scientific
4

•S 2453 IS

1 and technologic data, and evaluation of the risks

2 posed to public health and safety,’’ after the words

3 ‘‘That hereafter,’’.

4 (3) In section 4 (21 U.S.C. 604), by inserting

5 ‘‘, on the basis of the best available scientific and

6 technologic data, and evaluation of the risks posed

7 to public health and safety,’’ after the words ‘‘That

8 for the purposes hereinbefore set forth’’.

9 (4) In section 301(c)(1), (21 U.S.C. 661(c)(1)),

10 by inserting ‘‘or by thirty days prior to the expira11 tion of two years after enactment of the Pathogen

12 Reduction Act of 1994,’’ after the words ‘‘the

13 Wholesome Meat Act,’’.

14 (5) In section 301(c), (21 U.S.C. 661(c)), by

15 deleting ‘‘titles I and IV’’, ‘‘title I and title IV’’, and

16 ‘‘title I and IV’’, wherever they appear and inserting

17 in lieu thereof ‘‘titles I, IV, and V’’.

18 (6) By adding at the end thereof a new title V

19 to read as follows:

20 ‘‘TITLE V—PATHOGEN REDUCTION

21 ‘‘SEC. 501. (a) The Secretary is directed upon the

22 basis of the best available scientific and technologic data,

23 as determined by the Secretary, to prescribe by regulation

24 such actions as the Secretary deems necessary to—
5

•S 2453 IS

1 ‘‘(1) limit the presence of human pathogens in

2 cattle, sheep, swine, goats, horses, mules, or other

3 equines at the time they are presented for slaughter;

4 ‘‘(2) ensure that appropriate measures are

5 taken to control the presence and growth of human

6 pathogens on carcasses and parts thereof and on

7 meat or meat food products derived from such ani8 mals prepared in any official establishment;

9 ‘‘(3) ensure that all ready-to-eat meat or meat

10 food products prepared in any official establishment

11 preparing any such article for distribution in com12 merce are processed in such a manner as to destroy

13 any human pathogens likely to cause foodborne ill14 ness; and

15 ‘‘(4) ensure that meat and meat food products

16 other than those included in subsection (a)(3) of this

17 section prepared any official establishment preparing

18 any such article for distribution in commerce are la19 beled with instructions for handling and preparation

20 for consumption which, when adhered to, destroy

21 any human pathogens likely to cause foodborne ill22 ness.

23 ‘‘(b) Carcasses or parts thereof and meat or meat

24 food products prepared at any official establishment pre25 paring any such article for distribution in commerce which
6

•S 2453 IS

1 are found not to be in compliance with the regulations pro2 mulgated under subsection (a)(2), (a)(3), or (a)(4) of this

3 section shall be considered adulterated and condemned

4 and shall, if no appeal be taken from such determination

5 of condemnation, be destroyed for human food purposes

6 under the supervision of an inspector: Provided, That car7 casses or parts thereof, and meat and meat food products

8 which are not in compliance with subsection (a)(2), (a)(3),

9 or (a)(4) of this section, but which may by processing, la10 beling, or both, as applicable, in accordance with sub11 section (a)(2), (a)(3), or (a)(4) of this section be made

12 not adulterated need not be condemned and destroyed if

13 so reprocessed, labeled, or both, as applicable and as de14 termined by the Secretary, under the supervision of an in15 spector and thereafter inspected and found to be not adul16 terated. If an appeal be taken from such determination

17 of condemnation, the carcasses or parts thereof, or meat

18 and meat food products shall be appropriately marked,

19 segregated and held by the official establishment pending

20 completion of an appeal inspection. If the determination

21 of condemnation is sustained, the carcasses or parts there22 of, and meat and meat food products if not so reprocessed,

23 labeled, or both, as applicable, as to be made not adulter24 ated shall be destroyed for human food purposes under
7

•S 2453 IS

1 the supervision of a duly authorized representative of the

2 Secretary.

3 ‘‘(c) The Secretary shall, within two years of the en4 actment of this Act, issue regulations that—

5 ‘‘(1) require meat and meat food products pre6 pared in any official establishment to be tested, in

7 such manner and with such frequency as the Sec8 retary deems necessary, to identify human disease9 causing pathogens or markers for these pathogens in

10 the meat and meat food products;

11 ‘‘(2) require that the results of any test con12 ducted in accordance with subsection (c)(1) of this

13 section be reported to the Secretary, in such manner

14 and with such frequency as the Secretary deems nec15 essary;

16 ‘‘(3) establish, to the maximum extent scientif17 ically supportable, levels of human pathogens that,

18 when found on meat or meat food products prepared

19 in official establishments, constitute a threat to pub20 lic health. When making decisions regarding specific

21 human pathogen levels, the Secretary shall consider

22 the risk to human health, including the risk to in23 fants, the elderly, persons whose immune systems

24 are compromised, and other population subgroups,
8

•S 2453 IS

1 posed by consumption of the meat or meat food

2 products containing the human pathogen; and

3 ‘‘(4) prohibit or restrict the sale, transpor4 tation, offer for sale or transportation, or receipt for

5 transportation of any meat or meat food products

6 that—

7 ‘‘(A) are capable of use as human food,

8 and

9 ‘‘(B) exceed the levels of human pathogens

10 established in accordance with subsection (c)(3)

11 of this section.

12 ‘‘(d)(1) The Secretary shall, as the Secretary deems

13 necessary and feasible, conduct or support appropriate re14 search regarding the establishment of levels of human

15 pathogens that when found on meat and meat food prod16 ucts prepared in official establishments constitute a threat

17 to public health and shall conduct studies to validate these

18 levels.

19 ‘‘(2) The Secretary is directed to review, on a regular

20 basis, all regulations, processes, procedures and methods

21 designed to limit and control human pathogens on car22 casses and parts thereof and on meat or meat food prod23 ucts. This on-gong review shall include, as necessary, epi24 demiologic and other scientific studies to ascertain the ef-
9

•S 2453 IS

1 ficiency and efficacy of such regulations, processes, proce2 dures and methods.

3 ‘‘(3) The Secretary shall consult with the Public

4 Health Service, the Centers for Disease Control and Pre5 vention, the Food and Drug Administration, and any other

6 State or Federal public health agency the Secretary deems

7 necessary in order to carry out subsections (c)(1), (c)(3),

8 (d)(1), and (d)(2) of this section.

9 ‘‘NOTIFICATION, DISTRIBUTION, AND RECALL REGARDING

10 NONCONFORMING ARTICLES

11 ‘‘SEC. 502. (a) Any person, firm, or corporation pre12 paring carcasses or parts thereof, meat or meat food prod13 ucts for distribution in commerce which obtains knowledge

14 providing a reasonable basis for believing that any car15 casses or parts thereof or any meat or meat food prod16 ucts—

17 ‘‘(1) are adulterated, or not produced in compli18 ance with section 501(a) of this Act or the regula19 tions promulgated thereunder; or

20 ‘‘(2) are misbranded, shall immediately notify

21 the Secretary, in such manner and by such means

22 as the Secretary may by regulation prescribe, of the

23 identity and location of such articles.

24 ‘‘(b) If the Secretary finds, upon such notification or

25 otherwise, that any carcasses or parts thereof or any meat

26 or meat food products—
10

•S 2453 IS

1 ‘‘(1) are adulterated or not produced in compli2 ance with section 501(a) of this Act or the regula3 tions promulgated thereunder and that there is a

4 reasonable probability that human consumption of

5 such articles present a threat to the public health,

6 as determined by the Secretary; or

7 ‘‘(2) are misbranded, the Secretary shall pro8 vide the appropriate person, firm, or corporation

9 with an opportunity to cease distribution of such ar10 ticles; notify all persons, firms, or corporations

11 transporting or distributing such articles or to which

12 such articles were shipped or sold to immediately

13 cease distribution of such articles; and to recall the

14 articles. If the person, firm, or corporation refuses

15 to voluntarily cease distribution, make notification,

16 and recall the articles or does not voluntarily cease

17 distribution, make notification, and recall the arti18 cles within the time or in the manner prescribed by

19 the Secretary, the Secretary shall immediately issue

20 an order requiring the person, firm, or corporation

21 (including the official establishment which prepared

22 the articles), as the Secretary deems necessary to:

23 immediately cease distribution of such articles; and

24 immediately notify all persons, firms, or corporations

25 transporting or distributing such articles or to which
11

•S 2453 IS

1 such articles were shipped or sold to immediately

2 cease distribution of such articles. The order shall

3 provide any person, firm, or corporation subject to

4 the order with an opportunity for an informal hear5 ing, to be held not later than 5 days after the date

6 of the issuance of the order, on the actions required

7 by the order and on whether the order should be

8 amended to require recall of such articles. If, after

9 providing an opportunity for such a hearing, the

10 Secretary determines that inadequate grounds exist

11 to support the actions required by the order, the

12 Secretary shall vacate the order.

13 ‘‘(c) If, after providing an opportunity for an infor14 mal hearing under subsection (b) of this section, the Sec15 retary determines that the articles that are the subject of

16 an order under subsection (b) of this section must be re17 called, the Secretary shall amend the order to require a

18 recall. The Secretary shall—

19 ‘‘(1) specify a timetable in which the recall will

20 occur;

21 ‘‘(2) require periodic reports to the Secretary

22 describing the progress of the recall; and

23 ‘‘(3) provide for notice to consumers to whom

24 such articles were, or may have been distributed as

25 to how they should treat the article.
12

•S 2453 IS

1 ‘‘LIVESTOCK TRACEBACK

2 ‘‘SEC. 503. (a) For the purpose of limiting the risk

3 of foodborne illness from carcasses and parts thereof and

4 meat and meat food products distributed in commerce, the

5 Secretary shall, as the Secretary deems necessary, pre6 scribe by regulation that cattle, sheep, swine, goats,

7 horses, mules, and other equines presented for slaughter

8 for human food purposes be identified in the manner pre9 scribed by the Secretary to enable the Secretary to trace

10 each animal to any premises at which it has been held

11 for such period prior to slaughter that the Secretary

12 deems necessary to effectuate the purposes of this Act.

13 The Secretary may prohibit or restrict entry into any

14 slaughtering establishment inspected under this Act of any

15 cattle, sheep, swine, goats, horses, mules, or other equines

16 not identified as prescribed by the Secretary.

17 ‘‘(b) The Secretary is authorized to require that all

18 persons, firms, and corporations required to identify live19 stock pursuant to subsection (a) of this section maintain

20 accurate records, as prescribed by the Secretary, regard21 ing the purchase, sale, and identification such livestock;

22 and all persons, firms, and corporations subject to such

23 requirements shall, at all reasonable times, upon notice by

24 a duly authorized representative of the Secretary, afford

25 such representative access to their places of business and
13

•S 2453 IS

1 opportunity to examine the records thereof, and to copy

2 any such records. Any such record required to be main3 tained by this section shall be maintained for such period

4 of time as the Secretary prescribes.

5 ‘‘(c) No person, firm, or corporation shall falsify or

6 misrepresent to any other person, firm, or corporation, or

7 to the Secretary, any information as to any premises at

8 which any cattle, sheep, swine, goats, horses, mules, or

9 other equines, or carcasses thereof, were held.

10 ‘‘(d) No person, firm, or corporation shall, without

11 authorization from the Secretary, alter, detach, or destroy

12 any records or other means of identification prescribed by

13 the Secretary for use in determining the premises at which

14 were held any cattle, sheep, swine, goats, horses, mules,

15 or other equines, or the carcasses thereof.

16 ‘‘(e)(1) If the Secretary finds any human pathogen

17 or any residue in any cattle, sheep, swine, goats, horses,

18 mules, or other equines at the time they are presented for

19 slaughter or in any carcasses, parts of carcasses, meat,

20 or meat food product prepared in an official establishment

21 and the Secretary finds that there is a reasonable prob22 ability that human consumption of any meat or meat food

23 product containing the human pathogen or residue pre24 sents a threat to public health, the Secretary may take
14

•S 2453 IS

1 such action as the Secretary deems necessary to determine

2 the source of the human pathogen or residue.

3 ‘‘(2) If the Secretary identifies the source of any

4 human pathogen or residue described in subsection (e)(1)

5 of this section, the Secretary is authorized to prohibit or

6 restrict the movement of any animals, carcasses, parts of

7 carcasses, meat, meat food product, or any other article

8 from any source of the human pathogen or residue until

9 the Secretary determines that the human pathogen or resi10 due at the source no longer presents a threat to public

11 health.

12 ‘‘(f)(1) The Secretary shall use any means of identi13 fication and recordkeeping methods utilized by producers

14 or handlers of cattle, sheep, swine, goats, horses, mules,

15 or other equines whenever the Secretary determines that

16 such means of identification and recordkeeping methods

17 will enable the Secretary to carry out the purposes of this

18 section.

19 ‘‘(2) The Secretary is authorized to cooperate with

20 producers or handlers of cattle, sheep, swine, goats,

21 horses, mules, or other equines, in which any human

22 pathogen or residue described in subsection (e)(1) of this

23 section is found, to develop and implement methods to

24 limit or eliminate the human pathogen or residue at the

25 source.
15

•S 2453 IS

1 ‘‘REFUSAL OR WITHDRAWAL OF INSPECTION

2 ‘‘SEC. 504. (a) The Secretary may for such period,

3 or indefinitely, as the Secretary deems necessary to effec4 tuate the purposes of this Act, refuse to provide, or with5 draw, inspection service under title I of this Act with re6 spect to any official establishment if the Secretary deter7 mines, after opportunity for a hearing is accorded to the

8 applicant for, or recipient of, such service, that the appli9 cant or recipient, or any person responsibly connected with

10 the applicant or recipient, has repeatedly failed to comply

11 with the requirements of this Act or the regulations pro12 mulgated thereunder.

13 ‘‘(b) The Secretary may direct that, pending oppor14 tunity for an expedited hearing with respect to any refusal

15 or withdrawal of inspection service and the final deter16 mination and order under subsection (a) of this section

17 and any judicial review thereof, inspection service shall be

18 denied or suspended if the Secretary deems such action

19 necessary in the public interest in order to protect the

20 health or welfare of consumers or to assure the safe and

21 effective performance of official duties under this Act.

22 ‘‘(c) The determination and order of the Secretary

23 with respect to withdrawal or refusal of inspection service

24 under this section shall be final and conclusive unless the

25 affected applicant for, or recipient of, inspection service
16

•S 2453 IS

1 files application for judicial review within 30 days after

2 the effective date of the order; and inspection service shall

3 be withdrawn or refused as of the effective date of the

4 order pending any judicial review of the order unless the

5 Secretary directs otherwise. Judicial review of any such

6 order shall be in the United States Court of Appeals for

7 the circuit in which the applicant for, or recipient of, in8 spection service has its principal place of business or in

9 the United States Court of Appeals for the District of Co10 lumbia Circuit and shall be upon the record upon which

11 the determination and order are based. The provisions of

12 section 204 of the Packers and Stockyards Act, 1921 (42

13 Stat. 162, as amended; 7 U.S.C. 194), shall be applicable

14 to appeals taken under this section.

15 ‘‘(d) The provisions of this section shall be in addition

16 to and not derogate from any other provision of this Act

17 for refusal, withdrawal, or suspension of inspection service

18 under title I of this Act.

19 ‘‘CIVIL PENALTIES

20 ‘‘SEC. 505. (a) Any person, firm, or corporation

21 which violates any provision of this Act, any regulation

22 issued under this Act, or any order issued under section

23 502(b) or (c) of this Act may be assessed a civil penalty

24 by the Secretary of not more than $100,000 per day of

25 violation. Each offense shall be a separate violation. No

26 penalty shall be assessed unless such person, firm, or cor-
17

•S 2453 IS

1 poration is given notice and opportunity for a hearing on

2 the record before the Secretary in accordance with sections

3 554 and 556 of title 5, United States Code. The amount

4 of such civil penalty shall be assessed by the Secretary

5 by written order, taking into account the gravity of the

6 violation, degree of culpability, and history of prior of7 fenses; and may be reviewed only as provided in subsection

8 (b) of this section.

9 ‘‘(b) Any person, firm, or corporation against whom

10 such violation is found and a civil penalty assessed by

11 order of the Secretary under subsection (a) of this section

12 may obtain review in the Court of Appeals of the United

13 States for the circuit in which such party resides or has

14 a place of business or in the United States Court of Ap15 peals for the District of Columbia Circuit by filing a notice

16 of appeal in such Court within 30 days from the date of

17 such order and by simultaneously sending a copy of such

18 notice by certified mail to the Secretary. The Secretary

19 shall promptly file in such Court a certified copy of the

20 record upon which such violation was found and such pen21 alty assessed. The findings of the Secretary shall be set

22 aside only if found to be unsupported by substantial evi23 dence on the record as a whole.

24 ‘‘(c) If any person, firm, or corporation fails to pay

25 an assessment of a civil penalty after it has become a final
18

•S 2453 IS

1 and unappealable order, or after the appropriate Court of

2 Appeals has entered final judgment in favor of the Sec3 retary, the Secretary shall refer the matter to the Attorney

4 General, who shall institute a civil action to recover the

5 amount assessed in any appropriate district court of the

6 United States. In such collection action, the validity and

7 appropriateness of the Secretary’s order imposing the civil

8 penalty shall not be subject to review.

9 ‘‘(d) All penalties collected under authority of this

10 section shall be paid into the Treasury of the United

11 States.

12 ‘‘(e) Nothing in this Act shall be construed as requir13 ing the Secretary to report for criminal prosecution or for

14 the institution of libel or injunction proceedings, violations

15 of this Act, whenever the Secretary believes that the public

16 interest will be adequately served by assessment of civil

17 penalties. Furthermore, the Secretary may, in the Sec18 retary’s discretion, compromise, modify, or remit, with or

19 without conditions, any civil penalty assessed under this

20 section.’’.

21 AMENDMENTS TO THE POULTRY PRODUCTS INSPECTION

22 ACT

23 SEC. 103. The Poultry Products Inspection Act (21

24 U.S.C. 451 et seq.) is amended:
19

•S 2453 IS

1 (1) In section 5(c) (21 U.S.C. 454(c)), by delet2 ing ‘‘and 12–22 of this Act’’ and inserting in lieu

3 thereof ‘‘12–22, and 30–34 of this Act’’.

4 (2) In section 5(c)(1) (21 U.S.C. 454(c)(1)), by

5 inserting ‘‘or by thirty days prior to the expiration

6 of two years after enactment of the Pathogen Re7 duction Act of 1994,’’ after the words ‘‘the Whole8 some Poultry Products Act,’’.

9 (3) In section 6(a) (21 U.S.C. 455(a)), by in10 serting ‘‘on the basis of the best available scientific

11 and technologic data, and evaluation of the risks

12 posed to public health and safety,’’ after the word

13 ‘‘necessary’’.

14 (4) In section 6(b) (21 U.S.C. 455(b)), by in15 serting ‘‘on the basis of the best available scientific

16 and technologic data, and evaluation of the risks

17 posed to public health and safety,’’ after the words

18 ‘‘The Secretary,’’.

19 (5) By adding at the end thereof new sections

20 30 through 34 as follows:

21 ‘‘PATHOGEN REDUCTION

22 ‘‘SEC. 30. (a) The Secretary is directed upon the

23 basis of the best available scientific and technologic data,

24 as determined by the Secretary, to prescribe by regulation

25 such actions as the Secretary deems necessary to—
20

•S 2453 IS

1 ‘‘(1) limit the presence of human pathogens in

2 poultry at the time they are presented for slaughter;

3 ‘‘(2) ensure that appropriate means are taken

4 to control the presence and growth of human patho5 gens on poultry or poultry products prepared in any

6 official establishment;

7 ‘‘(3) ensure that all ready-to-eat poultry and

8 poultry products prepared in any official establish9 ment preparing any such article for distribution in

10 commerce are processed in such a manner as to de11 stroy any human pathogens likely to cause foodborne

12 illness; and

13 ‘‘(4) ensure that poultry and poultry products

14 other than those included in subsection (a)(3) of this

15 section prepared at any official establishment pre16 paring any such article for distribution in commerce

17 are labeled with instructions for handling and prepa18 ration for consumption which, when adhered to, de19 stroy any human pathogens likely to cause foodborne

20 illness.

21 ‘‘(b) Poultry or poultry products prepared at any offi22 cial establishment preparing any such article for distribu23 tion in commerce which are found not to be in compliance

24 with the regulations promulgated under subsection (a)(2),

25 (a)(3), or (a)(4) of this section shall be considered adulter-
21

•S 2453 IS

1 ated and condemned and shall, if no appeal be taken from

2 such determination of condemnation, be destroyed for

3 human food purposes under the supervision of an inspec4 tor: Provided, That poultry and poultry products which are

5 not in compliance with subsection (a)(2), (a)(3), or (a)(4)

6 of this section but which may by reprocessing, labeling,

7 or both, as applicable, in accordance with subsection

8 (a)(2), (a)(3), or (a)(4) of this section be made not adul9 terated need not be condemned and destroyed if so reproc10 essed, labeled, or both, as applicable and as determined

11 by the Secretary, under the supervision of an inspector

12 and thereafter inspected and found to be not adulterated.

13 If an appeal be taken from such determination of con14 demnation, the poultry or poultry products shall be appro15 priately marked, segregated, and held by the official estab16 lishment pending completion of an appeal inspection. If

17 the determination of condemnation is sustained, the poul18 try and poultry products if not so reprocessed, labeled, or

19 both, as applicable, as to be made not adulterated shall

20 be destroyed for human food purposes under the super21 vision of a duly authorized representative of the Secretary.

22 ‘‘(c) The Secretary shall, within two years of the en23 actment of this Act, issue regulations that—

24 ‘‘(1) require poultry and poultry products pre25 pared in any official establishment to be tested, in
22

•S 2453 IS

1 such manner and with such frequency as the Sec2 retary deems necessary, to identify human disease3 causing pathogens or markers for these pathogens in

4 the poultry and poultry products;

5 ‘‘(2) require that the results of any test con6 ducted in accordance with subsection (c)(1) of this

7 section be reported to the Secretary, in such manner

8 and with such frequency as the Secretary deems nec9 essary;

10 ‘‘(3) establish, to the maximum extent scientif11 ically supportable, levels of human pathogens that,

12 when found on poultry and poultry products pre13 pared in official establishments, constitute a threat

14 to public health. When making decisions regarding

15 specific human pathogen levels, the Secretary shall

16 consider the risk to human health, including the risk

17 to infants, the elderly, persons whose immune sys18 tems are compromised, and other population

19 subgroups, posed by consumption of the poultry or

20 poultry products containing the human pathogen;

21 and

22 ‘‘(4) prohibit or restrict the sale, transpor23 tation, offer for sale or transportation, or receipt for

24 transportation of any poultry or poultry products

25 that—
23

•S 2453 IS

1 ‘‘(A) are capable of use as human food,

2 and

3 ‘‘(B) exceed the levels of human pathogens

4 established in accordance with subsection (c)(3)

5 of this section.

6 ‘‘(d)(1) The Secretary shall, as the Secretary deems

7 necessary and feasible, conduct or support appropriate re8 search regarding the establishment of levels of human

9 pathogens that when found on poultry and poultry prod10 ucts prepared in official establishments constitute a threat

11 to public health and shall conduct studies to validate these

12 levels.

13 ‘‘(2) The Secretary is directed to review, on a regular

14 basis, all regulations, processes, procedures and methods

15 designed to limit and control human pathogens on poultry

16 and poultry products. This ongoing review shall include,

17 as necessary, epidemiologic and other scientific studies to

18 ascertain the efficiency and efficacy of such regulations,

19 processes, procedures and methods.

20 ‘‘(3) The Secretary shall consult with the Public

21 Health Service, the Centers for Disease Control and Pre22 vention, the Food and Drug Administration, and any other

23 State or Federal public health agency the Secretary deems

24 necessary in order to carry out subsections (c)(1), (c)(3),

25 (d)(1), and (d)(2) of this section.
24

•S 2453 IS

1 ‘‘NOTIFICATION, DISTRIBUTION, AND RECALL REGARDING

2 NONCONFORMING ARTICLES

3 ‘‘SEC. 31. (a) Any person preparing poultry or poul4 try products for distribution in commerce which obtains

5 knowledge providing a reasonable basis for believing that

6 any poultry or poultry products—

7 ‘‘(1) are adulterated or not produced in compli8 ance with section 30(a) of this Act or the regulations

9 promulgated thereunder; or

10 ‘‘(2) are misbranded, shall immediately notify

11 the Secretary, in such manner and by such means

12 as the Secretary may by regulation prescribe, of the

13 identity and location of such poultry or poultry prod14 ucts.

15 ‘‘(b) If the Secretary finds, upon such notification or

16 otherwise, that any poultry or poultry products—

17 ‘‘(1) are adulterated or not produced in compli18 ance with section 30(a) of this Act or the regulations

19 promulgated thereunder and that there is a reason20 able probability that human consumption of such ar21 ticles present a threat to the public health, as deter22 mined by the Secretary; or

23 ‘‘(2) are misbranded, the Secretary shall pro24 vide the appropriate person with an opportunity to

25 cease distribution of such articles; notify all persons,
25

•S 2453 IS

1 firms, or corporations transporting or distributing

2 such articles or to which such articles were shipped

3 or sold to immediately cease distribution of such ar4 ticles; and to recall the articles. If the person refuses

5 to voluntarily cease distribution, make notification,

6 and recall the articles or does not voluntarily cease

7 distribution, make notification, and recall the arti8 cles within the time or in the manner prescribed by

9 the Secretary, the Secretary shall immediately issue

10 an order requiring the person (including the official

11 establishment which prepared the articles), as the

12 Secretary deems necessary to: immediately cease dis13 tribution of such articles; and immediately notify all

14 persons, firms, or corporations transporting or dis15 tributing such articles or to which such articles were

16 shipped or sold to immediately cease distribution of

17 such articles. The order shall provide any person

18 subject to the order with an opportunity for an in19 formal hearing, to be held not later than 5 days

20 after the date of the issuance of the order, on the

21 actions required by the order and on whether the

22 order should be amended to require recall of such

23 articles. If, after providing an opportunity for such

24 a hearing, the Secretary determines that inadequate
26

•S 2453 IS

1 grounds exist to support the actions required by the

2 order, the Secretary shall vacate the order.

3 ‘‘(c) If, after providing an opportunity for an infor4 mal hearing under subsection (b) of this section, the Sec5 retary determines that the articles that are the subject of

6 an order under subsection (b) of this section must be re7 called, the Secretary shall amend the order to require a

8 recall. The Secretary shall—

9 ‘‘(1) specify a timetable in which the recall will

10 occur;

11 ‘‘(2) require periodic reports to the Secretary

12 describing the progress of the recall; and

13 ‘‘(3) provide for notice to consumers to whom

14 such articles were, or may have been, distributed as

15 to how they should treat the article.

16 ‘‘POULTRY TRACEBACK

17 ‘‘SEC. 32. (a) For the purpose of limiting the risk

18 of foodborne illness from poultry and poultry products dis19 tributed in commerce, the Secretary shall, as the Secretary

20 deems necessary, prescribe by regulation that poultry pre21 sented for slaughter for human food purposes be identified

22 in the manner prescribed by the Secretary to enable the

23 Secretary to trace each bird to any premises at which it

24 has been held for such period prior to slaughter that the

25 Secretary deems necessary to effectuate the purposes of

26 this Act. The Secretary may prohibit or restrict entry into
27

•S 2453 IS

1 any slaughtering establishment inspected under this Act

2 of any poultry not identified as prescribed by the Sec3 retary.

4 ‘‘(b) The Secretary is authorized to require that all

5 persons required to identify poultry pursuant to subsection

6 (a) of this section, maintain accurate records, as pre7 scribed by the Secretary, regarding the purchase, sale, and

8 identification of such poultry; and all persons subject to

9 such requirements shall, at all reasonable times, upon no10 tice by a duly authorized representative of the Secretary,

11 afford such representative access to their places of busi12 ness and opportunity to examine the records thereof, and

13 to copy any such records. Any such record required to be

14 maintained by this section shall be maintained for such

15 period of time as the Secretary prescribes.

16 ‘‘(c) No person shall falsify or misrepresent to any

17 other person or to the Secretary, any information as to

18 any premises at which any poultry, or the carcasses there19 of, were held.

20 ‘‘(d) No person shall, without authorization from the

21 Secretary, alter, detach, or destroy any records or other

22 means of identification prescribed by the Secretary for use

23 in determining the premises at which were held any poul24 try or carcasses thereof.
28

•S 2453 IS

1 ‘‘(e)(1) If the Secretary finds any human pathogen

2 or any residue in any poultry at the time they are pre3 sented for slaughter or in any poultry carcasses, parts of

4 poultry carcasses, or poultry products prepared in an offi5 cial establishment and the Secretary finds that there is

6 a reasonable probability that human consumption of any

7 poultry or poultry product containing the human pathogen

8 or residue presents a threat to public health, the Secretary

9 may take such action as the Secretary deems necessary

10 to determine the source of the human pathogen or residue.

11 ‘‘(2) If the Secretary identifies the source of any

12 human pathogen or residue described in subsection (e)(1)

13 of this section, the Secretary is authorized to prohibit or

14 restrict the movement of any poultry, poultry carcasses,

15 parts of poultry carcasses, poultry product, or any other

16 article from any source of the human pathogen or residue

17 until the Secretary determines that the human pathogen

18 or residue at the source no longer presents a threat to

19 public health.

20 ‘‘(f)(1) The Secretary shall use any means of identi21 fication and recordkeeping methods utilized by producers

22 or handlers of poultry whenever such means of identifica23 tion and recordkeeping methods will enable the Secretary

24 to carry out the purposes of this section.
29

•S 2453 IS

1 ‘‘(2) The Secretary is authorized to cooperate with

2 producers or handlers of poultry, in which any human

3 pathogen or residue described in subsection (e)(1) of this

4 section is found, to develop and implement methods to

5 limit or eliminate the human pathogen or residue at the

6 source.

7 ‘‘REFUSAL OR WITHDRAWAL OF INSPECTION

8 ‘‘SEC. 33. (a) The Secretary may for such period, or

9 indefinitely, as the Secretary deems necessary to effec10 tuate the purposes of this Act, refuse to provide, or with11 draw, inspection service under this Act with respect to any

12 official establishment if the Secretary determines, after

13 opportunity for a hearing is accorded to the applicant for,

14 or recipient of, such service, that the applicant or recipi15 ent, or any person responsibly connected with the appli16 cant or recipient, has repeatedly failed to comply with the

17 requirements of this Act or the regulations promulgated

18 thereunder.

19 ‘‘(b) The Secretary may direct that, pending oppor20 tunity for an expedited hearing with respect to any refusal

21 or withdrawal of inspection service and the final deter22 mination and order under subsection (a) of this section

23 and any judicial review thereof, inspection service shall be

24 denied or suspended if the Secretary deems such action

25 necessary in the public interest in order to protect the
30

•S 2453 IS

1 health or welfare of consumers or to assure the safe and

2 effective performance of official duties under this Act.

3 ‘‘(c) The determination and order of the Secretary

4 with respect to withdrawal or refusal of inspection service

5 under this section shall be final and conclusive unless the

6 affected applicant for, or recipient of, inspection service

7 files application for judicial review within 30 days after

8 the effective date of the order; and inspection service shall

9 be withdrawn or refused as of the effective date of the

10 order pending any judicial review of the order unless the

11 Secretary directs otherwise. Judicial review of any such

12 order shall be in the United States Court of Appeals for

13 the circuit in which the applicant for, or recipient of, in14 spection service has its principal place of business or in

15 the United States Court of Appeals for the District of Co16 lumbia Circuit and shall be upon the record upon which

17 the determination and order are based. The provisions of

18 section 204 of the Packers and Stockyards Act, 1921 (42

19 Stat. 162, as amended; 7 U.S.C. 194), shall be applicable

20 to appeals taken under this section.

21 ‘‘(d) The provisions of this section shall be in addition

22 to and not derogate from any other provision of this Act

23 for refusal, withdrawal, or suspension of inspection service

24 under this Act.
31

•S 2453 IS

1 ‘‘CIVIL PENALTIES

2 ‘‘SEC. 34. (a) Any person which violates any provision

3 of this Act, any regulation issued under this Act, or any

4 order issued under section 31 (b) or (c) of this Act may

5 be assessed a civil penalty by the Secretary of not more

6 than $100,000 per day of violation. Each offense shall be

7 a separate violation. No penalty shall be assessed unless

8 such person is given notice and opportunity for a hearing

9 on the record before the Secretary in accordance with sec10 tions 554 and 556 of title 5, United States Code. The

11 amount of such civil penalty shall be assessed by the Sec12 retary by written order, taking into account the gravity

13 of the violation, degree of culpability, and history of prior

14 offenses; and may be reviewed only as provided in sub15 section (b) of this section.

16 ‘‘(b) Any person against whom such violation is found

17 and a civil penalty assessed by order of the Secretary

18 under subsection (a) of this section may obtain review in

19 the Court of Appeals of the United States for the circuit

20 in which such party resides or has a place of business or

21 in the United States Court of Appeals of the District of

22 Columbia Circuit by filing a notice of appeal in such Court

23 within 30 days from the date of such order and by simul24 taneously sending a copy of such notice by certified mail

25 to the Secretary. The Secretary shall promptly file in such
32

•S 2453 IS

1 Court a certified copy of the record upon which such viola2 tion was found and such penalty assessed. The findings

3 of the Secretary shall be set aside only if found to be un4 supported by substantial evidence on the record as a

5 whole.

6 ‘‘(c) If any person fails to pay an assessment of a

7 civil penalty after if has become a final and unappealable

8 order, or after the appropriate Court of Appeals has en9 tered final judgment in favor of the Secretary, the Sec10 retary shall refer the matter to the Attorney General, who

11 shall institute a civil action to recover the amount assessed

12 in any appropriate district court of the United States. In

13 such collection action, the validity and appropriateness of

14 the Secretary’s order imposing the civil penalty shall not

15 be subject to review.

16 ‘‘(d) All penalties collected under authority of this

17 section shall be paid into the Treasury of the United

18 States.

19 ‘‘(e) Nothing in this Act shall be construed as requir20 ing the Secretary to report for criminal prosecution or for

21 the institution of libel or injunction proceedings, violations

22 of this Act, whenever the Secretary believes that the public

23 interest will be adequately served by assessment of civil

24 penalties. Furthermore, the Secretary may, in the Sec25 retary’s discretion, compromise, modify, or remit, with or
33

•S 2453 IS

1 without conditions, any civil penalty assessed under this

2 section.

3 TITLE II

4 SEC. 201. Section 1 of the Act of July 2, 1962 (21

5 U.S.C. 134), is amended by adding a new subsection (e)

6 to read:

7 ‘‘(e) The term ‘disease’ means any disease of livestock

8 or poultry, both infectious and non-infectious, and any

9 other health-related condition that may be transmitted by

10 livestock or poultry or their products to other animals or

11 humans.’’.

12 SEC. 202. Section 2(a) of the Act of July 2, 1962

13 (21 U.S.C. 134a(a)), is amended to read:

14 ‘‘(a) Whenever the Secretary deems it necessary in

15 order to prevent the introduction or dissemination of a dis16 ease, the Secretary may seize, quarantine, and dispose of,

17 in a reasonable manner taking into consideration the na18 ture of the disease and the necessity of such action to pro19 tect the livestock or poultry of the United States, or the

20 health of the people of the United States because the dis21 ease may be transmitted by livestock or poultry or their

22 products: (1) any animals which the Secretary finds are

23 moving or are being handled or have moved or have been

24 handled in interstate or foreign commerce contrary to any

25 law or regulation administered by the Secretary for the
34

•S 2453 IS

1 prevention of the introduction or dissemination of any dis2 ease; (2) any animals which the Secretary finds are mov3 ing into the United States, or interstate, and are affected

4 with or have been exposed to any disease; and (3) any

5 animals which the Secretary finds have moved into the

6 United States, or interstate, and, at the time of such

7 movement, were affected with or exposed to any disease.’’.

8 SEC. 203. Section 2(e) of the Act of July 2, 1962

9 (21 U.S.C. 134a(e)), is amended to read:

10 ‘‘(e) No such payment shall be made by the Secretary

11 for any animal, carcass, product, or article which has been

12 moved or handled by the owner thereof or the owner’s

13 agent in violation of a law or regulation administered by

14 the Secretary for the prevention of the interstate dissemi15 nation of disease, for which the animal, carcass, product,

16 or article was destroyed or a law or regulation for the en17 forcement of which the Secretary enters or has entered

18 into a cooperative agreement for the control and eradi19 cation of disease, or for any animal which has moved into

20 the United States contrary to such law or regulation ad21 ministered by the Secretary for the prevention of the intro22 duction of a disease.’’.

23 SEC. 204. Section 3 of the Act of July 2, 1962 (21

24 U.S.C. 134b), is amended to read: ‘‘The Secretary, in

25 order to protect the health of the livestock or poultry of
35

•S 2453 IS

1 the United States, and the health of the people of the

2 United States because the disease may be transmitted by

3 livestock or poultry or their products, may promulgate reg4 ulations requiring that railway cars; vessels; airplanes;

5 trucks; and other means of conveyance; stockyards; feed,

6 water, and rest stations; and other facilities, used in con7 nection with the movement of animals into or from the

8 United States, or interstate, be maintained in a clean and

9 sanitary condition, including requirements for inspection,

10 cleaning, and disinfection.’’.

11 SEC. 205. Section 4 of the Act of July 2, 1962 (21

12 U.S.C. 134c), is amended to read: ‘‘The Secretary is au13 thorized to promulgate regulations prohibiting or regulat14 ing the movement into the United States of any animals

15 which are or have been affected with or exposed to any

16 disease, or which have been vaccinated or otherwise treat17 ed for any disease, or which the Secretary finds would oth18 erwise be likely to introduce or disseminate any disease,

19 when the Secretary determines that such action is nec20 essary to protect the livestock or poultry of the United

21 States, or to protect the health of the people of the United

22 States because the disease may be transmitted by livestock

23 or poultry or their products.’’.

24 SEC. 206. Section 5 of the Act of July 2, 1962 (21

25 U.S.C. 134d), is amended to read: ‘‘Employees of the De-
36

•S 2453 IS

1 partment of Agriculture designated by the Secretary for

2 the purpose, when properly identified, shall have author3 ity: (1) to stop and inspect, without a warrant, any person

4 or means of conveyance, moving into the United States

5 from a foreign country, to determine whether such person

6 or means of conveyance is carrying any animal, carcass,

7 product, are article regulated or subject to disposal under

8 any law or regulation administered by the Secretary for

9 prevention of the introduction or dissemination of any dis10 ease; (2) to stop and inspect, without a warrant, any

11 means of conveyance moving interstate upon probable

12 cause to believe the means of conveyance is carrying any

13 animal, carcass, product, or article regulated or subject

14 to disposal under any law or regulation administered by

15 the Secretary for the prevention of the introduction or dis16 semination of any disease; and (3) to enter upon, with a

17 warrant, any premises for the purpose of making inspec18 tions and seizures necessary under any laws or regulation

19 administered by the Secretary for the prevention of the

20 introduction or dissemination of any disease. Any Federal

21 judge, or any judge of a court of record in the United

22 States, or any United States Commissioner, may, within

23 such Commissioner’s jurisdiction, upon proper oath or af24 firmation indicating probable cause to believe that there

25 is on certain premises any animal, carcass, product, or ar-
37

•S 2453 IS

1 ticle regulated or subject to disposal under any law or reg2 ulation administered by the Secretary for the prevention

3 of the introduction or dissemination of any disease, issue

4 warrants for the entry upon such premises and for inspec5 tions and seizures necessary under such laws and regula6 tions. Warrants may be executed by any authorized em7 ployee of the Department of Agriculture.’’.

8 SEC. 207. Section 6 of the Act of August 30, 1890,

9 as amended (21 U.S.C. 104), is amended to read:

10 ‘‘(a) The Secretary of Agriculture is authorized to

11 prohibit or restrict the importation of animals which are

12 affected with disease or which have been exposed to dis13 ease prior to their importation into the United States.

14 ‘‘(b) Any person who knowingly violates any provision

15 of this section or sections 7 through 10 of this Act or any

16 regulation prescribed by the Secretary of Agriculture

17 under any such section shall be guilty of a misdemeanor

18 and shall, on conviction, be punished by a fine not exceed19 ing $5,000, by imprisonment not exceeding one year, or

20 both. Any person who violates any such provision or any

21 such regulation may be assessed a civil penalty by the Sec22 retary of Agriculture not exceeding $1,000. The Secretary

23 of Agriculture may issue an order assessing such civil pen24 alty only after notice and an opportunity for an agency

25 hearing on the record. The order shall be treated as a final
38

•S 2453 IS

1 order reviewable under chapter 158 of Title 28. The valid2 ity of the order may not be reviewed in an action to collect

3 the civil penalty.

4 ‘‘(c) For the purposes of this Act the word ‘disease’

5 means any disease of livestock or poultry, both infectious

6 and noninfectious, and any other health-related condition

7 that may be transmitted by livestock or poultry or their

8 products to other animals or humans.’’.

9 SEC. 208. Section 8 of the Act of August 30, 1890

10 (21 U.S.C. 103), is amended to read:

11 ‘‘(a) The Secretary of Agriculture is authorized to re12 quire animals to be imported into ports in the United

13 States designated by the Secretary of Agriculture, with the

14 approval of the Secretary of the Treasury, as quarantine

15 stations. If any animals required by the Secretary of Agri16 culture to be imported into ports designated as quarantine

17 stations are brought to any port of the United States

18 where no quarantine station is established, the Secretary

19 of Agriculture may require the animals to be moved to

20 the nearest quarantine station at the expense of owner of

21 the animals under such conditions as the Secretary of Ag22 riculture determines necessary to prevent the spread of

23 disease.

24 ‘‘(b) The Secretary of Agriculture may destroy ani25 mals which the Secretary of Agriculture finds to be af-
39

•S 2453 IS

1 fected with or exposed to a disease dangerous to other ani2 mals, or to the health of the people of the United States

3 because the disease may be transmitted by livestock or

4 poultry or their products.

5 ‘‘(c) Except as provided in subsection (d) of this sec6 tion, the Secretary of Agriculture shall compensate the

7 owner of animals destroyed in accordance with subsection

8 (b) of this section which are exposed to disease, but not

9 affected with disease. Such compensation shall be based

10 upon the fair market value of the animal at the time of

11 destruction as determined by the Secretary of Agriculture.

12 Compensation paid any owner under this subsection shall

13 not include anticipated profits and shall not exceed the

14 difference between any compensation received by the

15 owner of the animals from any other source and the fair

16 market value of the animal at the time of destruction.

17 Funds in the Treasury available for carrying out animal

18 disease control activities of the Department of Agriculture

19 shall be used to compensate owners of animals destroyed

20 in accordance with subsection (b) of this section.

21 ‘‘(d) No payment shall be made by the Secretary of

22 Agriculture for animals destroyed in accordance with sub23 section (b) of this section if the animal has been imported

24 in violation of any law or regulation administered by the
40

•S 2453 IS

1 Secretary of Agriculture for the prevention of the intro2 duction or dissemination of any disease.’’.

3 SEC. 209. Section 1 of the Act of February 2, 1903,

4 as amended (21 U.S.C. 121), is amended to read:

5 ‘‘(a) Whenever the Secretary of Agriculture issues a

6 certificate showing that the Secretary of Agriculture had

7 inspected any livestock and/or live poultry which were

8 about to be exported from the United States or moved

9 interstate, and had found them free of any disease, such

10 animals, so inspected and certified, may be transported

11 into and through any State, or they may be exported from

12 the United States without further inspection or the exac13 tion of fees of any kind, except such as may at anytime

14 be ordered or exacted by the Secretary of Agriculture; and

15 all such animals shall at all times be under control and

16 supervision of the Secretary of Agriculture for the pur17 poses of such inspection.

18 ‘‘(b) For the purposes of this Act, the word ‘disease’

19 means any disease of livestock or poultry, both infectious

20 and non-infectious, and any other health-related condition

21 that may be transmitted by livestock or poultry or their

22 products to other animals or humans.

23 ‘‘(c) for the purposes of this Act, the word ‘State’

24 means any of the several States of the United States, the

25 Commonwealth of the Northern Mariana Islands, the
41

•S 2453 IS

1 Commonwealth of Puerto Rico, the District of Columbia,

2 Guam, the Virgin Islands of the United States, or any

3 other territory or possession of the United States.’’.

4 SEC. 210. Section 2 of the Act of February 2, 1903,

5 as amended (21 U.S.C. 111), is amended to read:

6 ‘‘(a) The Secretary of Agriculture is authorized to

7 make such regulations and take such measures as the Sec8 retary of Agriculture deems necessary to prevent the intro9 duction or dissemination of any disease from a foreign

10 country into the United States or from one State to an11 other.

12 ‘‘(b) The Secretary of Agriculture is authorized to

13 seize, quarantine, and dispose of any hay, straw, forage,

14 or similar material, or any meats, hides, or other animal

15 products coming from a foreign country in which disease

16 exists to the United States, or from one State in which

17 disease exists to another State, whenever in the Secretary

18 of Agriculture’s judgment such action is advisable in order

19 to prevent the introduction or spread of disease.’’.

20 SEC. 211. Section 3 of the Act of May 29, 1884, as

21 amended (21 U.S.C. 114), is amended to read:

22 ‘‘(a) The Secretary of Agriculture is authorized to

23 prepare regulations for the speedy and effectual suppres24 sion and eradication of diseases, and to certify such regu25 lations to the executive authority of each State, and invite
42

•S 2453 IS

1 these executive authorities to cooperate in the execution

2 and enforcement of this Act and section 2 of the Act of

3 February 2, 1903. Whenever the plans and methods of

4 the Secretary of Agriculture shall be accepted by any State

5 in which a disease is declared to exist, or any State shall

6 have adopted plans and methods for the suppression and

7 eradication of diseases, and the State plans and methods

8 are accepted by the Secretary of Agriculture, and when9 ever the Governor of a State or other properly constituted

10 authorities signify their readiness to cooperate for the sup11 pression or eradication of any disease in conformity with

12 this Act and section 2 of the Act of February 2, 1903,

13 the Secretary of Agriculture is authorized to expend so

14 much of the money appropriated for carrying out this Act

15 and section 2 of the Act of February 2, 1903, as may

16 be necessary in such investigations, and in such disinfec17 tion and quarantine measures as may be necessary to pre18 vent the spread of the disease from one state into another.

19 ‘‘(b) For the purposes of this Act, the word ‘disease’

20 means any disease of livestock or poultry, both infectious

21 and non-infectious, and any other health-related condition

22 that may be transmitted by livestock or poultry or their

23 products to other animals or humans.’’

24 ‘‘(c) For the purposes of this section, the word ‘State’

25 means any of the several States of the United States, the
43

•S 2453 IS

1 Commonwealth of the Northern Mariana Islands, the

2 Commonwealth of Puerto Rico, the District of Columbia,

3 Guam, the Virgin Islands of the United States, or any

4 other territory or possession of the United States.’’.

5 SEC. 212. Section 4 of the Act of May 29, 1884, as

6 amended (21 U.S.C. 112), is amended to read: ‘‘In order

7 to promote the exportation of livestock and/or live poultry

8 from the United States, the Secretary of Agriculture is

9 authorized to investigate the existence of any disease,

10 along the dividing lines between the United States and for11 eign countries, and along the lines of transportation from

12 all parts of the United States to ports from which livestock

13 and/or live poultry are exported, and may establish regula14 tions concerning the exportation and transportation of

15 livestock and/or live poultry as the results of the investiga16 tions may require.’’.

17 SEC. 213. Section 5 of the Act of May 29, 1884, as

18 amended (21 U.S.C. 113), is amended to read: ‘‘In order

19 to prevent the exportation from the United States to any

20 foreign country of livestock and/or live poultry affected

21 with disease or exposed to disease, the Secretary of Agri22 culture is authorized to take such steps and adopt such

23 measures, as the Secretary of Agriculture may deem nec24 essary.’’.
44

•S 2453 IS

1 SEC. 214. Sections 4 and 5 of the Act of May 29,

2 1884, as amended (21 U.S.C. 120), are amended to read:

3 ‘‘(a) In order to enable the Secretary of Agriculture

4 to effectually suppress and eradicate diseases, and to pre5 vent the spread of diseases, the Secretary of Agriculture

6 is authorized to establish such regulations concerning the

7 exportation and transportation of livestock and/or live

8 poultry from any place within the United States where the

9 Secretary of Agriculture may have reason to believe dis10 eases may exist into and through any state and to foreign

11 countries as the Secretary of Agriculture may deem nec12 essary.

13 ‘‘(b) For the purposes of these sections, the word

14 ‘‘State’’ means any of the several States of the United

15 States, the Commonwealth of the Northern Mariana Is16 lands, the Commonwealth of Puerto Rico, the District of

17 Columbia, Guam, the Virgin Islands of the United States,

18 or any other territory or possession of the United States.’’.

19 SEC. 215. Section 6 of the Act of May 29, 1884, as

20 amended (21 U.S.C. 115), is amended to read:

21 ‘‘(a) No person, company, or corporation shall trans22 port, receive for transportation, deliver for transportation,

23 move, or cause to be moved from one State to another

24 any livestock and/or live poultry affected with any disease

25 except in accordance with regulations prescribed by the
45

•S 2453 IS

1 Secretary of Agriculture to protect the livestock and poul2 try of the United States and the health of the people of

3 the United States.

4 ‘‘(b) For the purposes of this section, the word ‘State’

5 means any of the several States of the United States, the

6 Commonwealth of the Northern Mariana Islands, the

7 Commonwealth of Puerto Rico, the District of Columbia,

8 Guam, the Virgin Islands of the United States, or any

9 other territory or possession of the United States.’’.

10 SEC. 216. Section 11 of the Act of May 29, 1884,

11 as amended (21 U.S.C. 114a), is amended to read:

12 (a) The Secretary of Agriculture, either independ13 ently or in cooperation with States or political subdivisions

14 of States, farmers’ associations and similar organizations,

15 and individuals, is authorized to: (1) control and eradicate

16 any diseases which in the opinion of the Secretary of Agri17 culture constitute an emergency and threaten the livestock

18 industry or poultry industry of the United States, or the

19 health of the people of the United States because the dis20 ease may be transmitted by livestock or poultry or their

21 products; and (2) pay claims growing out of destruction

22 of animals (including poultry), and of materials, affected

23 by or exposed to any communicable disease, in accordance

24 with such regulations as the Secretary of Agriculture may

25 prescribe.
46

•S 2453 IS

1 ‘‘(b) The Secretary of Agriculture is authorized to

2 prescribe and collect fees to recover the costs of carrying

3 out this section which relate to veterinary diagnostics.

4 ‘‘(c) For the purposes of this section, the word ‘State’

5 means any of the several States of the United States, the

6 Commonwealth of the Northern Mariana Islands, the

7 Commonwealth of Puerto Rico, the District of Columbia,

8 Guam, the Virgin Islands of the United States, or any

9 other territory or possession of the United States.’’.

10 SEC. 217. Section 1 of the Act of March 3, 1905,

11 as amended (21 U.S.C. 123), is amended to read:

12 ‘‘(a) The Secretary of Agriculture is authorized to

13 quarantine by regulation any State, or any portion of any

14 State, when the Secretary of Agriculture shall determine

15 the fact that any animals or live poultry in such State

16 are affected with any disease or that the contagion of any

17 disease exists or that vectors which may disseminate any

18 disease exist in such State.

19 ‘‘(b) For the purposes of this Act, the word ‘disease’

20 means any disease of livestock or poultry, both infectious

21 and non-infectious, and any other health-related condition

22 that may be transmitted by livestock or poultry or their

23 products to other animals or humans.

24 ‘‘(c) For the purposes of this section, the word ‘State’

25 means any of the several States of the United States, the
47

•S 2453 IS

1 Commonwealth of the Northern Mariana Islands, the

2 Commonwealth of Puerto Rico, the District of Columbia,

3 Guam, the Virgin Islands of the United States, or any

4 other territory or possession of the United States.’’.

5 SEC. 218. Section 1 of the Act of May 6, 1970, (21

6 U.S.C. 135), is amended by designating the current sec7 tion as subsection ‘‘(a)’’; by deleting the words ‘‘livestock

8 or poultry disease or pests’’ and by inserting in lieu there9 of ‘‘diseases or livestock or poultry pests’’; by deleting

10 ‘‘livestock or poultry diseases or pests’’ and by inserting

11 in lieu thereof ‘‘diseases or livestock or poultry pests’’; and

12 by adding a new subsection (b) to read:

13 ‘‘(b) For the purposes of this Act, the word ‘‘dis14 eases’’ means any diseases of livestock or poultry, both

15 infectious and non-infectious, and any other health-related

16 condition that may be transmitted by livestock or poultry

17 or their products to other animals or humans.’’.

18 SEC. 219. Section 12 of the Act of March 4, 1907,

19 as amended (21 U.S.C. 612), is amended to read:

20 ‘‘(a) The Secretary is authorized to inspect all cattle,

21 sheep, swine, goats, horses, mules, and other equines in22 tended and offered for export to foreign countries at such

23 times and places, and in such manner as the Secretary

24 may deem proper, to ascertain whether such cattle, sheep,
48

•S 2453 IS

1 swine, goats, horses, mules, and other equines are free

2 from disease.

3 ‘‘(b) For the purpose of this section, the word ‘dis4 ease’ means any disease of cattle, sheep, swine, goats,

5 horses, mules, and other equines, both infectious and non6 infectious, and any other health-related condition that may

7 be transmitted by cattle, sheep, swine, goats, horses,

8 mules, and other equines or their products to other ani9 mals or humans.’’

10 SEC. 220. The Act of September 28, 1962 (7 U.S.C.

11 450), is amended to read:

12 ‘‘(a) In order to avoid duplication of functions, facili13 ties, and personnel, and to attain closer coordination and

14 greater effectiveness and economy in administration of

15 Federal and State laws and regulations relating to the

16 production and marketing of agricultural products and to

17 the control or eradication of plant diseases, plant pests,

18 animal diseases, and animal pests, the Secretary of Agri19 culture is authorized, in the administration and enforce20 ment of such Federal laws within the Secretary of Agri21 culture’s area of responsibility, whenever the Secretary of

22 Agriculture deems it feasible and in the public interest,

23 to enter into cooperative arrangements with State depart24 ments of agriculture and other State agencies charged

25 with the administration and enforcement of such State
49

•S 2453 IS

1 laws and regulations and to provide that any such State

2 agency which has adequate facilities, personnel, and proce3 dures, as determined by the Secretary of Agriculture, may

4 assist the Secretary of Agriculture in the administration

5 and enforcement of such Federal laws and regulations to

6 the extent and in the manner the Secretary of Agriculture

7 deems appropriate in the public interest.

8 ‘‘(b) The Secretary is authorized to coordinate the

9 administration of such Federal laws and regulations with

10 such State laws and regulations wherever feasible. How11 ever, nothing in this Act shall affect the jurisdiction of

12 the Secretary of Agriculture under any Federal law, or

13 any authority to cooperate with State agencies or other

14 agencies or persons under existing provisions of law, or

15 affect any restrictions of law upon such cooperation.

16 ‘‘(c) For the purposes of this Act the term ‘animal

17 diseases’ means any diseases of animals, both infectious

18 and non-infectious, and any other health-related condition

19 that may be transmitted by animals or their products to

20 other animals or humans.’’.

21 SEC. 221. Section 101(d) of the Act of September

22 21, 1944 (7 U.S.C. 430), is amended to read:

23 ‘‘(a) The Secretary of Agriculture may purchase in

24 the open market from applicable appropriations samples

25 of all tuberculin, serums, antitoxins, or other products, of
50

•S 2453 IS

1 foreign or domestic manufacture, which are sold in the

2 United States, for the detection, prevention, treatment, or

3 cure of diseases of domestic animals, test the same, and

4 disseminate the results of the tests in such manner as the

5 Secretary of Agriculture may deem best.’’.

6 ‘‘(b) For the purposes of this section, the word ‘dis7 eases’; means any diseases of domestic animals, both infec8 tious and non-infectious, and any other health-related con9 dition that may be transmitted by domestic animals or

10 their products to other animals or humans.’’.

Æ

S 2453 IS——2

S 2453 IS——3

S 2453 IS——4