I 

111TH CONGRESS 

2D SESSION H. R. 6024 

To amend the Federal Meat Inspection Act to develop an effective sampling 

and testing program to test for E. coli in boneless beef manufacturing 

trimmings and other raw ground beef components, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Ms. DELAURO (for herself, Ms. SCHAKOWSKY, Mr. MCDERMOTT, Mrs. 

LOWEY, Mr. GRIJALVA, Ms. LEE of California, Mr. MEEKS of New York, 

and Ms. RICHARDSON) introduced the following bill; which was referred 

to the Committee on Agriculture 

A BILL 

To amend the Federal Meat Inspection Act to develop an 

effective sampling and testing program to test for E. 

coli in boneless beef manufacturing trimmings and other 

raw ground beef components, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E. coli Traceability 

5 and Eradication Act’’. 


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1 SEC. 2. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN 

2 GROUND BEEF. 

3 (a) AMENDMENT.—Title I of the Federal Meat In4 spection Act (21 U.S.C. 601 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION 

7 IN GROUND BEEF. 

8 ‘‘(a) IN GENERAL.—The Secretary of Agriculture 

9 shall require that slaughterhouses, processing establish10 ments, and grinding facilities described in subsection (b) 

11 test for and report on the presence of Shiga toxin-pro12 ducing E. coli at the following points: 

13 ‘‘(1) One test at the slaughterhouse or proc14 essing establishment at which source trim was pro15 duced and 1 test of the source trim or bench trim 

16 at the receiving facility prior to combining with 

17 other lots from different sources. 

18 ‘‘(2) If the source trim and grinding occurs at 

19 the same facility, 1 test of the source trim and 1 

20 test of the final ground product. 

21 ‘‘(b) ADMINISTRATION.—To carry out this section, 

22 the Secretary shall— 

23 ‘‘(1) publish peer-reviewed, science-based re24 quirements for sampling protocols that establish, for 

25 each product type— 

26 ‘‘(A) lot size limitations; 


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1 ‘‘(B) sample size and the methodology 

2 used to calculate the sample size; 

3 ‘‘(C) sample number; 

4 ‘‘(D) the expected power of the sample; 

5 ‘‘(E) in-field and laboratory sampling col6 lection methods; and 

7 ‘‘(F) a standard for validating laboratory 

8 test methods; 

9 ‘‘(2) at least every two years, publish a peer re10 view of the sampling protocols referred to in para11 graph (1) and any necessary revisions of such proto12 cols; 

13 ‘‘(3) approve establishment sampling protocols 

14 consistent with the sampling protocols referred to in 

15 paragraph (1); and 

16 ‘‘(4) in the case of a positive sample that indi17 cates the presence of Shiga toxin-producing E. coli 

18 in a lot of an establishment— 

19 ‘‘(A) conduct an investigation sufficient to 

20 identify the original source of contamination 

21 using sampling protocols that include— 

22 ‘‘(i) collecting documentary evidence; 

23 and 

24 ‘‘(ii) collecting and analyzing a suffi25 cient number of meat samples from the 


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1 source lots, as identified by the collection 

2 of documentary evidence conducted under 

3 clause (i), to determine the presence or ab4 sence of the pathogen in the source lots 

5 and the identity of the establishment that 

6 was the original source of contamination at 

7 locations that may include— 

8 ‘‘(I) the establishment that tested 

9 the meat from the original product 

10 lots; 

11 ‘‘(II) an intermediary processor 

12 or warehouse holding meat from the 

13 same original product lots; 

14 ‘‘(III) the establishment that pro15 duced the original product lots; or 

16 ‘‘(IV) a Federally inspected or 

17 retail establishment that received part 

18 of the original product lots; 

19 ‘‘(B) verify that meat or meat food prod20 ucts contaminated with Shiga toxin-producing 

21 E. coli, and the entire lot that is represented by 

22 the sample, are disposed of or treated to eradi23 cate Shiga toxin-producing E. coli (in accord24 ance with guidelines of the Secretary) before 

25 entry into commerce; and 


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1 ‘‘(C) promulgate regulations that require 

2 that the slaughterhouse or processing establish3 ment takes corrective action and takes meas4 ures to prevent reoccurrence. 

5 ‘‘(c) TESTING.— 

6 ‘‘(1) IN GENERAL.—A slaughterhouse or proc7 essing establishment producing or a grinding facility 

8 receiving trimmings shall test each lot using sam9 pling standards and procedures determined by the 

10 Secretary. 

11 ‘‘(2) TESTING FACILITIES.— 

12 ‘‘(A) IN GENERAL.—An establishment 

13 shall use an independent testing facility accred14 ited by the Secretary that uses methods that 

15 are at least equivalent in specificity and sensi16 tivity to the methods used by the Secretary to 

17 test beef trimmings. 

18 ‘‘(B) ADMINISTRATION.—In using an inde19 pendent testing facility under subparagraph 

20 (A), the establishment— 

21 ‘‘(i) shall contract with the facility on 

22 an annual basis; and 

23 ‘‘(ii) shall not terminate the contract 

24 on the basis of positive test results re25 ported by the facility. 


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1 ‘‘(3) PROFICIENCY TESTING SERVICE.—A lab2 oratory that tests beef for Shiga toxin-producing E. 

3 coli shall contract with a testing service to verify the 

4 proficiency of the laboratory. 

5 ‘‘(4) TRANSMISSION OF TESTING RESULTS.— 

6 ‘‘(A) IN GENERAL.—Test results of any 

7 testing conducted under this subsection shall be 

8 delivered, not later than 24 hours after such re9 sults are obtained, to a specific individual des10 ignated by each slaughterhouse, processing es11 tablishment, or grinding facility. 

12 ‘‘(B) TRANSMISSION TO SECRETARY.—The 

13 slaughterhouse, processing establishment, or 

14 grinding facility shall report any positive or pre15 sumptive positive results directly to the Sec16 retary through electronic means not later than 

17 24 hours after receipt of results from a testing 

18 facility. 

19 ‘‘(5) HABITUAL VIOLATORS.—A slaughterhouse 

20 or processing establishment that produces or distrib21 utes trim that receives positive results that exceed 

22 the maximum allowable percentage of positive re23 sults for 3 consecutive days or more than 10 in24 stances per year shall be listed on the public website 

25 of the Secretary as a habitual violator. 


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1 ‘‘(6) COMPLIANCE.—The Secretary shall take 

2 necessary regulatory action with respect to an estab3 lishment that fails to test, notify the Secretary of 

4 positive results, or otherwise comply with this sub5 section. 

6 ‘‘(d) IMPORTED GROUND BEEF.— 

7 ‘‘(1) IN GENERAL.—Any trim, bench trim, and 

8 ground beef originating from outside the United 

9 States shall be subject to the same requirements as 

10 apply to domestic trim, bench trim, and ground beef 

11 under this section. 

12 ‘‘(2) VERIFICATION.— 

13 ‘‘(A) IN GENERAL.—To be eligible for im14 portation into the United States, a foreign facil15 ity shall provide a certification of compliance 

16 with paragraph (1) to a domestic slaughter17 house, processing establishment, or grinding fa18 cility. 

19 ‘‘(B) SECONDARY TESTING.—The domestic 

20 slaughterhouse, processing establishment, or 

21 grinding facility shall verify the results of the 

22 certification by conducting secondary testing of 

23 the trim, bench trim, or ground beef before 

24 processing into a final ground beef product.’’. 


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1 (b) APPLICATION.—Section 26 of the Federal Meat 

2 Inspection Act, as amended by subsection (a), shall 

3 apply— 

4 (1) effective 180 days after the date of the en5 actment of this section, to— 

6 (A) all slaughterhouses and processing es7 tablishments that produce more than 25,000 

8 pounds of trim per day; and 

9 (B) grinding facilities that grind more 

10 than 25,000 pounds of trim or bench trim per 

11 day; 

12 (2) effective December 1, 2011, to— 

13 (A) all slaughterhouses and processing es14 tablishments that produce more than 5,000 but 

15 not more than 25,000 pounds of trim per day; 

16 and 

17 (B) grinding facilities that grind more 

18 than 5,000 but not more than 25,000 pounds 

19 of trim or bench trim per day; 

20 (3) effective December 1, 2012, to— 

21 (A) all slaughterhouses and processing es22 tablishments that produce more than 1,000 but 

23 not more than 5,000 pounds of trim per day; 

24 and 


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1 (B) grinding facilities that grind more 

2 than 1,000 but not more than 5,000 pounds of 

3 trim or bench trim per day; and 

4 (4) effective December 1, 2013, to all slaugh5 terhouses, processing establishments, and grinding 

6 facilities that produce or grind trim or bench trim. 

7 (c) GRANTS.— 

8 (1) IN GENERAL.—The Secretary of Agriculture 

9 shall award grants to assist slaughterhouses, proc10 essing establishments, and grinding facilities in com11 plying with section 26 of the Federal Meat Inspec12 tion Act, as amended by subsection (a). 

13 (2) ELIGIBLE ENTITIES.—Grants awarded 

14 under this subsection are limited to— 

15 (A) slaughterhouses and processing estab16 lishments that produce not more than 1,000 

17 pounds of trim per day; and 

18 (B) grinding facilities that grind not more 

19 than 1,000 pounds of trim or bench trim per 

20 day. 

21 (3) GRANT FUNDING.— 

22 (A) AMOUNT.—The amount of each grant 

23 awarded under this subsection shall not exceed 

24 $10,000. 


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1 (B) PRIORITY.—The Secretary shall award 

2 grants under this section on a first-come, first3 served basis. 

4 (4) TERMINATION.—The grant program estab5 lished under this section shall terminate on Decem6 ber 1, 2013. 

7 SEC. 3. PROTECTION AGAINST ADULTERATED AND CON8 TAMINATED MEAT OR MEAT FOOD PROD9 UCTS. 

10 (a) FINDINGS.—Congress finds that it is essential 

11 and in the public interest that— 

12 (1) the health and welfare of consumers be pro13 tected by ensuring that meat and meat food prod14 ucts distributed to consumers are wholesome and not 

15 adulterated or contaminated; and 

16 (2) Federal meat inspection programs identify 

17 all sources, including the slaughterhouse source, of 

18 original adulteration and contamination of enteric 

19 foodborne pathogens in meat in any case in which— 

20 (A) lab samples test positive for enteric 

21 pathogen adulteration or contamination; or 

22 (B) adulterated or contaminated meat is 

23 found in commerce, including foodborne out24 breaks. 


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1 (b) DEFINITIONS.—Section 1 of the Federal Meat In2 spection Act (21 U.S.C. 601) is amended by adding at 

3 the end the following: 

4 ‘‘(x) ENTERIC FOODBORNE PATHOGEN.—The term 

5 ‘enteric foodborne pathogen’ means live bacteriological 

6 matter that is commonly present in the digestive systems 

7 of animals for slaughter, including Shiga toxin-producing 

8 E. coli and salmonella, the presence of which in meat food 

9 products may indicate unsanitary conditions at the point 

10 of slaughter. 

11 ‘‘(y) ESTABLISHMENT.—The term ‘establishment’ 

12 means any person, firm, meat broker, renderer, or animal 

13 food manufacturer.’’. 

14 (c) PROTECTION AGAINST ADULTERATED AND CON15 TAMINATED MEAT OR MEAT FOOD PRODUCTS.—Section 

16 8 of the Federal Meat Inspection Act (21 U.S.C. 608) is 

17 amended— 

18 (1) by striking ‘‘SEC. 8. The Secretary’’ and in19 serting the following: 

20 ‘‘SEC. 8. PROTECTION AGAINST ADULTERATED AND CON21 TAMINATED MEAT OR MEAT FOOD PROD22 UCTS. 

23 ‘‘(a) IN GENERAL.—The Secretary’’; 

24 (2) by inserting ‘‘or contaminated’’ after ‘‘adul25 terated’’; and 


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

2 ‘‘(b) SAMPLING PROTOCOLS.— 

3 ‘‘(1) IN GENERAL.—In carrying out this Act, 

4 the Secretary shall implement sampling protocols 

5 using methods and technologies to enable personnel 

6 of the Food Safety and Inspection Service to rapidly 

7 trace potential adulteration and contamination of 

8 meat and meat food products by enteric foodborne 

9 pathogens to possible preceding sources of the adul10 teration and contamination, including preparation, 

11 packaging, and slaughtering establishments, to de12 termine the original site source of the adulteration 

13 or contamination. 

14 ‘‘(2) REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—The sampling proto16 cols referred to in paragraph (1) shall enable 

17 rapid tracing to the source of contamination, 

18 through the— 

19 ‘‘(i) collection of documentary evi20 dence; and 

21 ‘‘(ii) collection and analyses of a suffi22 cient number of meat samples from the 

23 source lots, as identified by collection of 

24 documentary evidence conducted under 

25 clause (i), to determine the presence or abVerDate Mar 15 2010 22:20 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6024.IH H6024

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1 sence of the pathogen in the source lots 

2 and the identity of the establishment that 

3 was the original source of contamination at 

4 locations that may include—— 

5 ‘‘(I) the establishment that tested 

6 the meat from the original product 

7 lot; 

8 ‘‘(II) an intermediary processor 

9 or warehouse holding meat from the 

10 same original product lot; 

11 ‘‘(III) the establishment that pro12 duced the original product lot; or 

13 ‘‘(IV) a Federally inspected or 

14 retail establishment that received part 

15 of the original product lot. 

16 ‘‘(B) TIMING.—The collection of documen17 tary and other relevant material to enable rapid 

18 tracing under subparagraph (A) shall occur at 

19 the time that samples of the relevant meat or 

20 meat food product are collected. 

21 ‘‘(C) CERTIFICATION.—The onsite inspec22 tor and a responsible establishment representa23 tive shall certify that the documentary and 

24 other tracing material collected under subpara25 graph (A) is complete and accurate. 


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1 ‘‘(3) TRACING OF ADULTERATED AND CON2 TAMINATED MEAT AND MEAT FOOD PRODUCTS.—If 

3 a meat or meat food product sample tests positive 

4 or is indicated to test positive for adulteration or 

5 contamination by enteric foodborne pathogens, the 

6 Secretary shall immediately conduct a trace— 

7 ‘‘(A) to identify all sites of adulteration 

8 and contamination, including preparation, pack9 aging, and slaughtering establishments; and 

10 ‘‘(B) to identify the original source of 

11 adulteration or contamination. 

12 ‘‘(4) SUBSEQUENT SAMPLING.—If a raw 

13 ground meat sample tests positive or is indicated to 

14 test positive for adulteration or contamination by en15 teric foodborne pathogens at a preparation, pack16 aging, or slaughtering establishment, the Secretary 

17 shall require subsequent sampling at the establish18 ment, and any establishments supplying that estab19 lishment, each day for a minimum of 15 consecutive 

20 days after the date on which the adulterated or con21 taminated sample is collected.’’. 

Æ 


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