II

105TH CONGRESS

1ST SESSION S. 1465

To consolidate in a single independent agency in the executive branch the

responsibilities regarding food safety, labeling, and inspection currently

divided among several Federal agencies.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. DURBIN (for himself and Mr. TORRICELLI) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

A BILL

To consolidate in a single independent agency in the executive branch the responsibilities regarding food safety,

labeling, and inspection currently divided among several

Federal agencies.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safe Food Act of

5 1997’’.

6 SEC. 2. PURPOSES.

7 It is the purpose of this Act—
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1 (1) to establish a single agency, the Food Safe2 ty Administration, to regulate food safety and label3 ing and to conduct food safety inspections to ensure,

4 with reasonable certainty, that no harm will result

5 from the consumption of food by preventing food6 borne illnesses due to microbial, natural, or chemical

7 hazards in food; and

8 (2) to transfer to the Food Safety Administra9 tion the food safety, labeling, and inspection func10 tions currently performed by other Federal agencies.

11 SEC. 3. DEFINITIONS.

12 For purposes of this Act:

13 (1) ADMINISTRATION.—The term ‘‘Administra14 tion’’ means the Food Safety Administration estab15 lished under section 4.

16 (2) FOOD SAFETY LAWS.—The term ‘‘food safe17 ty laws’’ means—

18 (A) the Federal Meat Inspection Act (21

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

20 (B) the Poultry Products Inspection Act

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

22 (C) the Egg Products Inspection Act (21

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

24 (D) the Federal Food, Drug, and Cosmetic

25 Act (21 U.S.C. 301 et seq.), with regard to
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1 food safety, labeling, and inspection under that

2 Act;

3 (E) the food safety responsibilities under

4 the Federal Insecticide, Fungicide, and

5 Rodenticide Act (7 U.S.C. 136 et seq.); and

6 (F) such other laws and portions of laws

7 regarding food safety, labeling, and inspection

8 that the President considers appropriate to con9 solidate under the administration of the Admin10 istration.

11 SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY

12 ADMINISTRATION.

13 (a) ESTABLISHMENT OF ADMINISTRATION.—There is

14 established in the executive branch an agency to be known

15 as the ‘‘Food Safety Administration’’. The Administration

16 shall be an independent establishment, as defined in sec17 tion 104 of title 5, United States Code.

18 (b) RESPONSIBILITIES OF ADMINISTRATION.—The

19 Administration shall be responsible for the administration

20 and enforcement of the food safety laws.

21 SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND

22 INSPECTION SERVICES AND AGENCIES.

23 (a) TERMINATION.—As soon as possible after the ef24 fective date of this Act, the President shall terminate the

25 Federal agencies specified in subsection (b) to the extent
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1 that the activities of such agencies relate to the adminis2 tration or enforcement of the food safety laws.

3 (b) COVERED AGENCIES.—The Federal agencies re4 ferred to in subsection (a) are the following:

5 (1) The Food Safety and Inspection Service of

6 the Department of Agriculture.

7 (2) The Center for Food Safety and Applied

8 Nutrition of the Food and Drug Administration.

9 (3) The Center for Veterinary Medicine of the

10 Food and Drug Administration.

11 (4) The National Marine Fisheries Service of

12 the National Oceanic and Atmospheric Administra13 tion of the Department of Commerce.

14 (5) The Office of Pesticide Programs under the

15 Assistant Administrator of the Environmental Pro16 tection Agency for Prevention, Pesticides, and Toxic

17 Substances.

18 (6) Such other offices, services, or agencies as

19 the President may designate to further the purposes

20 of this Act.

21 (c) TRANSFER OF ASSETS AND FUNDS.—Consistent

22 with section 1531 of title 31, United States Code, the per23 sonnel, assets, liabilities, contracts, property, records, and

24 unexpended balances of appropriations, authorizations, al25 locations, and other funds of a Federal agency terminated
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1 in whole or in part under subsection (a) that are used in

2 connection with the administration or enforcement of the

3 food safety laws shall be transferred to the Administration

4 upon the termination of the Federal agency. Unexpended

5 funds transferred pursuant to this subsection shall be used

6 by the Administration only for the purposes for which the

7 funds were originally authorized and appropriated.

8 (d) REFERENCES.—After the termination of a Fed9 eral agency under subsection (a), any reference in any

10 other Federal law, Executive order, rule, regulation, docu11 ment, or other material to that Federal agency or the head

12 of that agency in connection with the administration or

13 enforcement of the food safety laws shall be deemed to

14 be a reference to the Administration.

15 (e) SAVINGS PROVISIONS.—The termination of a

16 Federal agency under subsection (a) shall not affect—

17 (1) an order, determination, rule, regulation,

18 permit, agreement, grant, contract, certificate, li19 cense, registration, privilege, or other administrative

20 action issued, made, granted, or otherwise in effect

21 with respect to that agency before the termination

22 date regarding functions transferred to the Adminis23 tration under this Act; and

24 (2) any suit commenced before the termination

25 of that agency, any other proceeding (including a
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1 notice of proposed rulemaking), or any application

2 for any license, permit, certificate, or financial as3 sistance pending before that agency with respect to

4 functions transferred to the Administration under

5 this Act.

6 SEC. 6. LIMITATION ON AUTHORIZATION OF APPROPRIA7 TIONS.

8 For the first fiscal year beginning after the date of

9 enactment of this Act, the amount authorized to be appro10 priated to carry out this Act shall not exceed the amount

11 appropriated for fiscal year 1998 for the Federal agencies

12 to be terminated under section 5(a) to administer the food

13 safety laws.

14 SEC. 7. EFFECTIVE DATE.

15 This Act shall take effect on the earlier of—

16 (1) the date that is 180 days after the date of

17 enactment of this Act; and

18 (2) such date during that 180-day period as the

19 President may direct in an Executive order.

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