I

104TH CONGRESS

2D SESSION H. R. 4302

To consolidate within the Department of Agriculture all inspection activities

regarding livestock and poultry carcasses, seafood, meat products, poultry

products, and seafood products to provide for the improved inspection

of those articles and products.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. GUNDERSON introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To consolidate within the Department of Agriculture all inspection activities regarding livestock and poultry carcasses, seafood, meat products, poultry products, and

seafood products to provide for the improved inspection

of those articles and products.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Meat, Poultry, and Seafood Inspection Reform Act of

6 1996’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions

Sec. 3. Congressional intent and statement of findings.

Sec. 4. Transfer of jurisdiction over seafood inspection.

TITLE I—INSPECTION AND LABELING OF LIVESTOCK ,

POULTRY, SEAFOOD, AND THEIR PRODUCTS

Subtitle A—Inspection Requirements

Sec. 101. Ante-mortem examination.

Sec. 102. Post-mortem examination.

Sec. 103. Processing examination.

Sec. 104. Facility sanitation.

Sec. 105. Night examinations and verifications.

Sec. 106. Prohibited acts: adulteration.

Sec. 107. Exempt activities.

Sec. 108. Microbiological testing.

Subtitle B—Labeling Requirements

Sec. 121. Inspection labeling.

Sec. 122. Derivation labeling; separate preparation and slaughtering activities.

Sec. 123. Prohibited acts: misbranding.

Subtitle C—International Commerce

Sec. 131. Imported livestock and poultry carcasses, seafood, meat products,

poultry products, and seafood products.

Sec. 132. Exports and certificates of condition.

Subtitle D—Miscellaneous

Sec. 141. Transitional period.

Sec. 142. Rulemaking.

Sec. 143. Appeals.

Sec. 144. Safe Meat, Poultry, and Seafood Inspection Advisory Panel.

Sec. 145. Bribery of officers, employees, or officials.

Sec. 146. Conditions for entry.

Sec. 147. Pre-slaughter identification and control.

Sec. 148. Monitoring and closure of growing areas and fishing grounds.

Sec. 149. Trade secret protection.

TITLE II—RELATED INDUSTRIES

Sec. 201. Prohibition of title I inspection for articles not intended for use as

human food; Denaturation or other identification prior to distribution in commerce; Inedible articles.

Sec. 202. Record keeping requirements.

Sec. 203. Registration of person, place of business, and trade name.

Sec. 204. Regulation of certain transactions, transportation, or importation of

certain livestock, poultry, or seafood to prevent its use as

human food.
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Sec. 205. Applicability to State and territorial businesses not engaged in interstate commerce.

TITLE III—FEDERAL AND STATE COOPERATION

Sec. 301. Federal and State cooperation.

TITLE IV—AUXILIARY PROVISIONS

Sec. 401. Inspection services.

Sec. 402. Administrative detention and release of carcasses, meat products,

poultry products, and seafood products.

Sec. 403. Seizure and condemnation.

Sec. 404. Federal jurisdiction.

Sec. 405. Criminal acts against inspection officials.

Sec. 406. Violations.

Sec. 407. Other Federal laws applicable to administration and enforcement of

Act.

Sec. 408. State jurisdiction over federally-regulated matters.

Sec. 409. Federal Food, Drug, and Cosmetic Act applications.

TITLE V—PUBLIC EDUCATION

Sec. 501. Education.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Research.

Sec. 602. Cost of inspection; Overtime.

Sec. 603. Authorization of appropriations.

Sec. 604. Reports to Congress

TITLE VII—REPEAL OF SUPERSEDED LAWS

Sec. 701. Poultry Products Inspection Act.

Sec. 702. Federal Meat Inspection Act.

Sec. 703. Related laws.

Sec. 704. Conforming amendments.

TITLE VIII—EFFECTIVE DATE

Sec. 801. Effective date.

1 SEC. 2. DEFINITIONS.

2 The following definitions apply for purposes of this

3 Act:

4 (a) DEFINITIONS RELATED TO REGULATED ARTI5 CLES.—
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1 (1) CARCASS.—The term ‘‘carcass’’ means the

2 body of any livestock or poultry following the re3 moval of the viscera, hide, head, tail, or extremities.

4 (2) LIVESTOCK.—The term ‘‘livestock’’ means

5 any wild, domesticated, or exotic animal or reptile

6 produced and intended for use, or used, as food.

7 (3) MEAT PRODUCT.—The term ‘‘meat prod8 uct’’ means any product capable of use as human

9 food that is made in whole or in part from any por10 tion of a livestock carcass.

11 (4) POULTRY.—The term ‘‘poultry’’ means any

12 wild, domesticated, or exotic bird produced and in13 tended for use, or used, as food.

14 (5) POULTRY PRODUCT.—The term ‘‘poultry

15 product’’ means any product capable of use as

16 human food that is made in whole or in part from

17 any portion of a poultry carcass.

18 (6) RAW AGRICULTURAL COMMODITY.—The

19 term ‘‘raw agricultural commodity’’ has the same

20 meaning given the term in section 201(r) of the

21 Federal Food, Drug, and Cosmetic Act (21 U.S.C.

22 321(r)).

23 (7) REGULATED ARTICLE.—The term ‘‘regu24 lated article’’ means any livestock or poultry carcass,
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1 seafood, meat product, poultry product, or seafood

2 product.

3 (8) SEAFOOD.—The term ‘‘seafood’’ means wild

4 or cultured aquatic life, except birds, animals, and

5 reptiles, produced and intended for use, or used, as

6 food.

7 (9) SEAFOOD PRODUCT.—The term ‘‘seafood

8 product’’ means any product capable of use as

9 human food and derived in whole or in part from

10 seafood.

11 (b) DEFINITIONS RELATED TO REGULATED PER12 SONS.—

13 (1) ANIMAL FOOD MANUFACTURER.—The term

14 ‘‘animal food manufacturer’’ means any person en15 gaged in the business of processing animal food de16 rived in whole or in part from any portion of a car17 cass or from seafood.

18 (2) BROKER.—The term ‘‘broker’’ means any

19 person engaged in negotiating the purchase or sale

20 of all or any portion of a carcass, seafood, meat

21 product, poultry product, seafood product, or sea22 food for other than the person’s own account or as

23 an employee of another person.

24 (3) PERSON.—The term ‘‘person’’ means any

25 individual, corporation, unincorporated business en-
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1 tity (such as a partnership, association, cooperative,

2 or joint venture), the Federal Government, or a

3 local, State, or foreign government.

4 (4) PROCESSING.—The term ‘‘processing’’

5 means heading and gutting, filleting, fermenting,

6 freezing, dehydrating, mincing, drying, canning, salt7 ing, curing, smoking, stuffing, rendering, boning,

8 cutting up, grinding, cooking, assembling, labeling or

9 otherwise manufacturing or preparing a carcass,

10 seafood, meat product, poultry product, or seafood

11 product for direct or indirect sale to a consumer.

12 (5) PROCESSING FACILITY.—The term ‘‘proc13 essing facility’’ means a building or other premises,

14 including a vessel, where the processing of carcasses,

15 seafood, meat products, poultry products, or seafood

16 products is conducted.

17 (6) RENDERER.—The term ‘‘renderer’’ means

18 any person engaged in the business of rendering any

19 portion of a carcass or seafood, except those persons

20 inspected or exempted under title I.

21 (7) SLAUGHTER.—The term ‘‘slaughter’’ means

22 the intentional cessation of the life of an animal cov23 ered by this Act for purposes of food production.

24 (8) SLAUGHTERING FACILITY.—The term

25 ‘‘slaughtering facility’’ means a building or other
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1 premises, including a vessel, where slaughtering of

2 livestock, poultry, or seafood is conducted. A slaugh3 tering facility may also be a processing facility.

4 (c) DEFINITIONS RELATED TO STANDARDS.—

5 (1) ADULTERATED.—The term ‘‘adulterated’’

6 means all or any portion of any carcass, seafood,

7 meat product, poultry product, or seafood product to

8 which one or more of the following circumstances

9 apply:

10 (A) The regulated article bears or contains

11 any poisonous or deleterious substance that ren12 ders it injurious to health, except that, if the

13 substance is not an intentionally added sub14 stance, the regulated article shall not be consid15 ered adulterated under this subparagraph if the

16 quantity of the substance in or on the regulated

17 article is not sufficient to render the regulated

18 article injurious to the health of an ordinary

19 consumer.

20 (B) The regulated article bears or contains

21 (by reason of administration of any substance

22 to live animals regulated under this Act or oth23 erwise) any added poisonous or added delete24 rious substance (other than a substance which

25 is (i) a pesticide chemical in or on a raw agri-
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1 cultural commodity, (ii) a food additive, or (iii)

2 a color additive) which, in the judgment of the

3 Secretary, makes the regulated article unfit for

4 human food.

5 (C) The regulated article is, in whole or in

6 part, a raw agricultural commodity and such

7 commodity bears or contains a pesticide chemi8 cal which is unsafe within the meaning of sec9 tion 408 of the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 346a).

11 (D) The regulated article bears or contains

12 any food additive that is unsafe within the

13 meaning of section 409 of the Federal Food,

14 Drug, and Cosmetic Act (21 U.S.C. 348).

15 (E) The regulated article bears or contains

16 any color additive that is unsafe within the

17 meaning of section 721 of the Federal Food,

18 Drug, and Cosmetic Act (21 U.S.C. 379e).

19 (F) The regulated article is not adulter20 ated under subparagraphs (C), (D), or (E), but

21 use of the pesticide chemical, food additive, or

22 color additive in or on the article is prohibited

23 by regulations of the Secretary in facilities at

24 which inspection is maintained under title I.
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1 (G) The regulated article consists in whole

2 or in part of any decomposed substance or is

3 for any other reason unwholesome or otherwise

4 unfit for human food.

5 (H) The regulated article has been pre6 pared, packed, or held under unsanitary condi7 tions whereby it may have become contami8 nated, or whereby it may have been rendered

9 injurious to health.

10 (I) The regulated article is, in whole or in

11 part, the product of livestock or poultry that

12 has died otherwise than by slaughter.

13 (J) The container of the regulated article

14 is composed, in whole or in part, of any poison15 ous or deleterious substance that may render

16 the contents injurious to health.

17 (K) The regulated article has been ren18 dered radioactive.

19 (L) Any valuable constituent of the regu20 lated article has been, in whole or in part, omit21 ted or abstracted from the article, or any sub22 stance has been substituted, in whole or in part,

23 therefor, or damage or inferiority has been con24 cealed in any manner, or any substance has

25 been added thereto or mixed or packed there-
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1 with so as to increase its bulk or weight, or re2 duce its quality or strength, or make it appear

3 better or of greater value than it is.

4 (M) The regulated article is margarine

5 containing livestock, poultry, or seafood fat and

6 any of the raw material used therein consisted

7 in whole or in part of any decomposed sub8 stance.

9 (N) The regulated article is a seafood

10 product derived in whole or in part from sea11 food harvested in—

12 (i) from a growing area or fishing

13 ground that, for the protection of the pub14 lic health, has been closed to such growing

15 or harvesting under Federal or State law;

16 or

17 (ii) a State or foreign nation that does

18 not have a program of inspection approved

19 or certified by the Secretary.

20 (O) A regulated article that is raw or is in

21 a not-ready-to-eat condition is not adulterated

22 simply because of the presence of micro23 biological organisms found in or on the regu24 lated article, except that the Secretary may,

25 through rulemaking under section 523 of title
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1 5, United States Code, identify specific micro2 biological organisms that, when found in suffi3 cient quantities in or on a regulated article fol4 lowing normal handling and preparation, render

5 the regulated article injurious to the health of

6 an ordinary consumer.

7 (2) CAPABLE OF USE AS HUMAN FOOD.—The

8 term ‘‘capable of use as human food’’ means any

9 portion of a carcass or seafood, unless it is—

10 (A) denatured;

11 (B) identified in a manner prescribed by

12 the Secretary so as to deter its use as human

13 food; or

14 (C) naturally inedible by humans.

15 (3) COLOR ADDITIVE.—The term ‘‘color addi16 tive’’ has the same meaning given the term in sec17 tion 201(5) of the Federal Food, Drug, and Cos18 metic Act (21 U.S.C. 321(t)).

19 (4) FOOD ADDITIVE.—The term ‘‘food additive’’

20 has the same meaning given the term in section

21 201(s) of the Federal Food, Drug, and Cosmetic Act

22 (21 U.S.C. 321(s)).

23 (5) GENERALLY RECOGNIZED CONTROL PROCE24 DURES AND CORRECTIVE ACTIONS.—The term ‘‘gen25 erally recognized control procedures and corrective
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1 actions’’ means those techniques which have been

2 shown to be effective through scientific method or

3 which are acknowledged as good and effective food

4 processing practices by the Panel established under

5 section 144.

6 (6) LABEL.—The term ‘‘label’’ means a display

7 of written, printed, or graphic matter upon the im8 mediate container (not including package liners) of

9 any regulated article.

10 (7) LABELING.—The term ‘‘labeling’’ means all

11 labels and other written, printed, or graphic mat12 ter—

13 (A) upon any regulated article or any of its

14 containers or wrappers; or

15 (B) accompanying such article.

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

17 means all or any portion of a carcass, seafood, meat

18 product, poultry product, or seafood product to

19 which one or more of the following circumstances

20 apply:

21 (A) The labeling of the regulated product

22 is false or misleading in any particular.

23 (B) The regulated article is offered for sale

24 under the name of another food.
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1 (C) The regulated article is an imitation of

2 another food, unless its label bears, in type of

3 uniform size and prominence, the word ‘‘imita4 tion’’ and immediately thereafter the name of

5 the food imitated.

6 (D) The container of the regulated article

7 is so made, formed, or filled as to be mislead8 ing.

9 (E) The regulated article is in a package

10 or other container that does not bear a label

11 showing—

12 (i) the name and place of business of

13 the manufacturer, packer, or distributor;

14 and

15 (ii) an accurate statement of the

16 quantity of the contents in terms of

17 weight, measure, or numerical count, ex18 cept that, with respect to this clause rea19 sonable variations may be permitted, and

20 exemptions as to small packages may be

21 established, by regulations prescribed by

22 the Secretary.

23 (F) Any word, statement, or other infor24 mation required by or under authority of this

25 Act to appear on the label or other labeling of
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1 the regulated article is not prominently placed

2 thereon with such conspicuousness (as com3 pared with other words, statements, designs, or

4 devices in the labeling) and in such terms as to

5 render it likely to be read and understood by

6 the ordinary individual under customary condi7 tions of purchase and use.

8 (G) The regulated article purports to be or

9 is represented as a food for which a definition

10 and standard of identity or composition has

11 been prescribed by regulations of the Secretary

12 under section 121 unless—

13 (i) it conforms to such definition and

14 standard; and

15 (ii) its label bears the name of the

16 food specified in the definition and stand17 ard and, insofar as may be required by

18 such regulations, the common names of op19 tional ingredients (other than spices, fla20 voring, and coloring) present in such food.

21 (H) The regulated article purports to be or

22 is represented as a food for which a standard

23 or standards of fill of container have been pre24 scribed by regulations of the Secretary under

25 section 121(c)(2), and it falls below the stand-
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1 ard of fill of container applicable thereto, unless

2 its label bears, in such manner and form as

3 such regulations specify, a statement that it

4 falls below such standard.

5 (I)(i) The regulated article is not subject

6 to subparagraph (G) and the label of the article

7 does not bear—

8 (I) the common or usual name of the

9 food, if any there be; and

10 (II) in case it is fabricated from two

11 or more ingredients, the common or un12 usual name of each such ingredient.

13 (ii) Spices, flavorings, and colorings may,

14 when authorized by the Secretary, be des15 ignated as spices, flavorings, and colorings

16 without naming each. To the extent that com17 pliance with subclause (II) of clause (i) is im18 practicable, or results in deception or unfair

19 competition, exemptions shall be established by

20 regulations promulgated by the Secretary.

21 (J) The regulated article purports to be or

22 is represented for special dietary uses, unless its

23 label bears such information concerning its vita24 min, mineral, and other dietary properties as

25 the Secretary, after consultation with the Sec-
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1 retary of Health and Human Services, deter2 mines to be, and by regulation prescribes as,

3 necessary in order fully to inform purchasers as

4 to its value for such uses.

5 (K) The regulated article contains any ar6 tificial flavoring, artificial coloring, or chemical

7 preservative, unless it bears labeling stating

8 that fact, except that, to the extent that compli9 ance with the requirements of this subpara10 graph is impracticable, exemptions shall be es11 tablished by regulations promulgated by the

12 Secretary.

13 (L) The regulated article fails to bear, di14 rectly thereon or on its container, as the Sec15 retary may by regulations prescribe, the inspec16 tion legend and, unrestricted by any of the fore17 going, such other information as the Secretary

18 may require in such regulation to assure that it

19 will not have false or misleading labeling and

20 that the public will be informed of the manner

21 of handling required to maintain the article in

22 a wholesome condition.

23 (9) PESTICIDE CHEMICAL.—The term ‘‘pes24 ticide chemical’’ has the same meaning given the
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1 term in section 201(q) of the Federal Food, Drug,

2 and Cosmetic Act (21 U.S.C. 321(q)).

3 (10) SIGNIFICANT RISK TO HUMAN HEALTH.—

4 The term ‘‘significant risk to human health’’ means

5 a hazard of such a nature that its prevention, elimi6 nation, or reduction to an acceptable level is essen7 tial to the production of a safe product. In determin8 ing whether a specific hazard poses a significant

9 risk, consideration is to be given to the frequency

10 and severity with which the hazard occurs, and to

11 whether the hazard can be controlled at a subse12 quent stage of processing.

13 (d) OTHER DEFINITIONS.—

14 (1) COMMERCE.—The term ‘‘commerce’’ means

15 commerce between any State or territory of the

16 United States, or the District of Columbia, and any

17 other State or territory of the United States, the

18 District of Columbia, or a foreign nation.

19 (2) OFFICIAL CERTIFICATE.—The term ‘‘offi20 cial certificate’’ means the certificate of any person

21 performing official functions under this Act, as de22 termined by the Secretary.

23 (3) OFFICIAL DEVICE.—The term ‘‘official de24 vice’’ means any device used to apply any official

25 mark, as determined by the Secretary.
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1 (4) OFFICIAL INSPECTION LEGEND.—The term

2 ‘‘official inspection legend’’ means any symbol indi3 cating that an article passed any inspection under

4 this Act, as determined by the Secretary.

5 (5) OFFICIAL MARK.—The term ‘‘official mark’’

6 means the official inspection legend or other symbol

7 used to identify the status of any article under this

8 Act, as determined by the Secretary.

9 (6) PANEL.—The term ‘‘Panel’’ means the Safe

10 Meat, Poultry, and Seafood Inspection Panel estab11 lished under section 144.

12 (7) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of Agriculture.

14 (8) STATE.—The term ‘‘State’’ means any

15 State of the United States.

16 (9) TERRITORY.—The term ‘‘territory’’ means

17 Puerto Rico, Guam, the Virgin Islands of the United

18 States, American Samoa, and any other territory or

19 possession of the United States, excluding the Canal

20 Zone.

21 (10) UNITED STATES.—The term ‘‘United

22 States’’ means the States and territories of the

23 United States and the District of Columbia.
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1 SEC. 3. CONGRESSIONAL INTENT AND STATEMENT OF

2 FINDINGS.

3 (a) IMPORTANCE OF WHOLESOME, UNADULTER4 ATED, AND PROPERLY BRANDED PRODUCTS.—Congress

5 finds that meat products, poultry products, and seafood

6 products are an essential portion of the nation’s total food

7 supply. It is important that the Government work together

8 with producers, processors, and consumers to assure that

9 meat products, poultry products, and seafood products are

10 wholesome and unadulterated as well as properly marked,

11 labeled, and packaged, handled, prepared, and stored. Un12 wholesome, adulterated, misbranded, mishandled, improp13 erly prepared, or improperly stored meat products, poultry

14 products, and seafood products not only injure the public

15 health and safety, but also destroy markets for legitimate

16 products and result in losses to producers and processors.

17 It is intended that the only articles regulated under this

18 Act are those which are either in interstate or foreign com19 merce, or substantially affect such commerce.

20 (b) PARAMOUNT INTEREST OF FEDERAL INSPEC21 TION.—Congress finds that the paramount purpose of

22 Government oversight of the meat, poultry, and seafood

23 industries is to promote the public health and safety, and

24 that this purpose takes priority over aesthetic or economic

25 concerns.
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1 (c) GOAL OF RISK- AND SCIENCE-BASED SYSTEM OF

2 INSPECTION.—Congress finds that promoting the public

3 health and safety can only be achieved with a risk-based

4 program that covers the entire food production system

5 from the raising, slaughtering, and processing of livestock,

6 poultry, or seafood to retail distribution and that covers

7 the proper handling, preparation, and storage of meat

8 products, poultry products, and seafood products. Fur9 ther, any program of Government oversight must be

10 science-based and focus on the prevention, not detection,

11 of food safety hazards to be effective and viable.

12 (d) IDENTIFICATION OF HAZARDS AND CONTROL

13 PROCEDURES.—Congress finds that a preventive program

14 of meat, poultry and seafood inspection requires the iden15 tification of hazards that pose a significant risk to the

16 public heath and implementation of scientifically recog17 nized control procedures to address such hazards.

18 (e) SUPPORT FOR STATE INSPECTION PROGRAMS.—

19 Because of the importance of meat, poultry, and seafood

20 products to the Nation’s food supply, Congress intends

21 that the Federal Government foster and support effective

22 State inspection programs under this Act to ensure com23 prehensive meat, poultry, and seafood inspection.
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1 SEC. 4. TRANSFER OF JURISDICTION OVER SEAFOOD IN2 SPECTION.

3 (a) TRANSFER.—Upon the effective date of this Act,

4 Federal inspection responsibilities over seafood and sea5 food products is hereby transferred from the Food and

6 Drug Administration to the Food Safety and Inspection

7 Service of the Department of Agriculture.

8 (b) CONFORMING REPEAL.—Section 706 of the Fed9 eral Food, Drug, and Cosmetic Act (21 U.S.C. 376) is

10 repealed.

11 TITLE I—INSPECTION AND LA12 BELING OF LIVESTOCK,

13 POULTRY, SEAFOOD, AND

14 THEIR PRODUCTS

15 Subtitle A—Inspection

16 Requirements

17 SEC. 101. ANTE-MORTEM EXAMINATION.

18 (a) EXAMINATION REQUIRED, PURPOSE.—

19 (1) IN GENERAL.—The Secretary shall provide

20 a written procedure for a risk-based ante-mortem ex21 amination of livestock, poultry, and seafood prior to

22 entry into a slaughtering facility. The examination

23 shall be for the purpose of detecting any abnormality

24 in the livestock, poultry, or seafood and to assure

25 compliance with any requirements imposed by sec26 tion 147. Livestock, poultry, or seafood showing an
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1 abnormality shall be set apart and slaughtered only

2 after being examined separately by an official chosen

3 by the Secretary.

4 (2) SELF-INSPECTION AUTHORIZED.—Upon the

5 petition of a facility, the Secretary may permit the

6 ante-mortem examination to be conducted by one or

7 more representatives of that facility. In such cases,

8 the Secretary may prescribe the minimum qualifica9 tions for such representatives which shall not exceed

10 the minimum qualification of other officials chosen

11 by the Secretary to perform such examinations.

12 (3) WRITTEN PROCEDURE.—Petitions for self13 inspection shall contain a written procedure for con14 ducting ante-mortem examinations. The written pro15 cedure shall incorporate generally recognized control

16 procedures and corrective actions to enable the facil17 ity to monitor those physical, biological, and chemi18 cal hazards that pose a significant risk to human

19 health and to control such risks. A facility may limit

20 its written procedure to food safety concerns. Aes21 thetic and economic concerns need not be part of the

22 required procedure and shall not be subject to the

23 mandatory verification activities provided by this

24 section. All written procedures shall include—
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1 (A) a provision empowering officials chosen

2 by the Secretary to verify compliance with the

3 written procedure;

4 (B) a provision specifying how the facility

5 will perform the ante-mortem examination of

6 livestock, poultry, and seafood required by this

7 section;

8 (C) a provision requiring the facility to

9 document both the procedure by which abnor10 malities are detected and the disposition of live11 stock, poultry, and seafood with abnormalities;

12 and

13 (D) a provision mandating that any live14 stock, poultry, and seafood to be used as

15 human food showing an abnormality shall be

16 set apart and examined separately by an official

17 chosen by the Secretary.

18 (b) VERIFICATION OF THE WRITTEN PROCEDURE.—

19 (1) VERIFICATION BY SECRETARY.—Following

20 the approval of a facility’s petition for self-inspec21 tion, the Secretary shall choose officials to verify a

22 facility’s compliance with its written procedure of

23 ante-mortem examination. The Secretary may re24 quire a slaughtering facility to maintain such
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1 records as may be necessary to verify the facility’s

2 compliance with its written procedure.

3 (2) VERIFICATION ACTIVITIES.—In verifying

4 the compliance of a slaughtering facility with its

5 written procedure, the officials chosen by the Sec6 retary shall review the following documents main7 tained by the facility—

8 (A) written procedure of ante-mortem ex9 amination;

10 (B) in-house monitoring and control

11 records;

12 (C) records of deviations and dispositions

13 taken;

14 (D) in-house reviews of the ante-mortem

15 examination procedures of the facility; and

16 (E) upon the request of the facility, the

17 quality assurance program, if any, adopted and

18 followed by the facility.

19 The officials chosen by the Secretary may also re20 view any other records generated by a facility’s writ21 ten procedure, make visual observations of the facili22 ty’s ante-mortem inspections, and take samples of

23 carcasses and products to ensure the facility is fol24 lowing its written procedure.
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1 (c) REMEDIATION OF THE WRITTEN PROCEDURE.—

2 If a verification inspection raises questions as to whether

3 product produced under the written procedure of ante4 mortem examination poses an unacceptable risk to human

5 health, the official making the inspection shall notify the

6 facility, in writing, of the alleged deficiencies in the written

7 procedure and what corrective action is necessary. The fa8 cility may either amend its written procedure to conform

9 to the recommendations of the official making the inspec10 tion or appeal the matter. The Secretary shall provide an

11 expedited hearing process for such appeals. Until a final

12 administrative decision is rendered, the facility may con13 tinue to operate pursuant to its written procedure, unless

14 the Secretary makes an express factual determination that

15 product processed under that written procedure would

16 pose a direct and significant risk to public health and safe17 ty.

18 (d) DISPOSITION OF PRODUCT.—Except as provided

19 in subsection (c), any product produced in accordance with

20 the written procedure of ante-mortem examination may be

21 shipped in commerce. When a facility determines that a

22 deviation has occurred, the facility shall retain the product

23 and either reprocess the suspect product using generally

24 recognized procedures or destroy the product. Any product
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1 so destroyed shall be deemed to have been condemned by

2 the Secretary.

3 (e) NONCOMPLIANCE WITH THE WRITTEN PROCE4 DURE.—Should an official making a verification inspec5 tion determine that a facility is not following its written

6 procedure, that official may increase verification activities

7 until the official determines the facility will follow the pro8 cedure without such increased verification. The official

9 also may retain product if such product would pose a di10 rect and significant risk to public health and safety. The

11 decision of any official under this subsection may be ap12 pealed to the Secretary by the facility. The Secretary shall

13 provide an expedited process to hear and decide such ap14 peals.

15 SEC. 102. POST-MORTEM EXAMINATION.

16 (a) EXAMINATION REQUIRED, PURPOSE.—

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

18 for a risk-based post-mortem examination of live19 stock and poultry carcasses and seafood at a slaugh20 tering facility. The Secretary is authorized, but is

21 not required, to accomplish such examination

22 through a separate inspection of each article follow23 ing its slaughter.

24 (2) SELF-INSPECTION AUTHORIZED.—Upon the

25 petition of a facility, the Secretary may permit the
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1 post-mortem examination to be conducted by one or

2 more representatives of the facility pursuant to a

3 written procedure which is prepared by the facility

4 and based on the nature of the operations conducted

5 by the facility. In such cases, the Secretary may pre6 scribe minimum qualifications for such representa7 tives which shall not exceed the minimum qualifica8 tions of other officials chosen by the Secretary to

9 perform such examinations.

10 (3) CONTENTS OF THE WRITTEN PROCE11 DURE.—Petitions for self-inspection shall contain a

12 written procedure for conducting post-mortem ex13 aminations. The written procedure shall incorporate

14 generally recognized control procedures and correc15 tive actions to enable the facility to monitor those

16 physical, biological, and chemical hazards that pose

17 a significant risk to human health and to control

18 such risks. A facility may limit its written procedure

19 to food safety concerns. Aesthetic and economic con20 cerns need not be part of the required procedure and

21 shall not be subject to the mandatory verification ac22 tivities provided by this section. All written proce23 dures shall include—
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1 (A) a provision empowering officials chosen

2 by the Secretary to verify compliance with the

3 written procedure;

4 (B) a provision specifying how the facility

5 will perform the post-mortem examination of

6 livestock and poultry carcasses and seafood re7 quired by this section;

8 (C) a provision requiring the facility to

9 document both the procedure by which abnor10 malities are detected and the disposition of live11 stock and poultry carcasses and seafood with

12 abnormalities; and

13 (D) a provision mandating that any live14 stock or poultry carcass or seafood to be used

15 as human food showing an abnormality shall be

16 set apart and examined separately by an official

17 chosen by the Secretary.

18 (b) VERIFICATION OF THE WRITTEN PROCEDURE.—

19 (1) VERIFICATION BY SECRETARY.—Following

20 the approval of a facility’s petition for self-inspec21 tion, the Secretary shall choose officials to verify a

22 facility’s compliance with its written procedure of

23 post-mortem examination. The Secretary may re24 quire a slaughtering facility to maintain such
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1 records as may be necessary to verify the facility’s

2 compliance with its written procedure.

3 (2) VERIFICATION ACTIVITIES.—In verifying

4 the compliance of a slaughtering facility with its

5 written procedure, the officials chosen by the Sec6 retary shall review the following documents main7 tained by the facility—

8 (A) written procedure of post-mortem ex9 amination;

10 (B) in-house monitoring and control

11 records;

12 (C) records of deviations and dispositions

13 taken;

14 (D) in-house reviews of the post-mortem

15 examination procedures of the facility; and

16 (E) upon the request of the facility, the

17 quality assurance program, if any, adopted and

18 followed by the facility.

19 The officials chosen by the Secretary may also re20 view any other records generated by a facility’s writ21 ten procedure, make visual observations of the facili22 ty’s post-mortem inspections, and take samples of

23 carcasses and products to ensure the facility is fol24 lowing its written procedure.
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1 (c) REMEDIATION OF THE WRITTEN PROCEDURE.—

2 If a verification inspection raises questions as to whether

3 product produced under the written procedure of post4 mortem examination poses an unacceptable risk to human

5 health, the official making the inspection shall notify the

6 facility, in writing, of the alleged deficiencies in the written

7 procedure and what corrective action is necessary. The fa8 cility may either amend its written procedure to conform

9 to the recommendations of the official making the inspec10 tion or appeal the matter. The Secretary shall provide an

11 expedited hearing process for such appeals. Until a final

12 administrative decision is rendered, the facility may con13 tinue to operate pursuant to its written procedure, unless

14 the Secretary makes an express factual determination that

15 product processed under that written procedure would

16 pose a direct and significant risk to public health and safe17 ty.

18 (d) DISPOSITION OF PRODUCT.—Except as provided

19 in subsection (c), any product produced in accordance with

20 the written procedure of post-mortem examination may be

21 shipped in commerce. When a facility determines that a

22 deviation has occurred, the facility shall retain the product

23 and either reprocess the suspect product using generally

24 recognized procedures or destroy the product. Any product
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1 so destroyed shall be deemed to have been condemned by

2 the Secretary.

3 (e) NONCOMPLIANCE WITH THE WRITTEN PROCE4 DURE.—Should an official making a verification inspec5 tion determine that a facility is not following its written

6 procedure, that official may increase verification activities

7 until the official determines the facility will follow the pro8 cedure without such increased verification. The official

9 also may retain product if such product would pose a di10 rect and significant risk to public health and safety. The

11 decision of any official under this subsection may be ap12 pealed to the Secretary by the facility. The Secretary shall

13 provide an expedited process to hear and decide such ap14 peals.

15 SEC. 103. PROCESSING EXAMINATION.

16 (a) EXAMINATION REQUIRED; PURPOSE.—

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

18 for a risk-based examination of meat products, poul19 try products, or seafood products at any processing

20 facility according to the requirements of this sec21 tion—

22 (2) SELF-INSPECTION AUTHORIZED.—Upon the

23 petition of a facility, the Secretary may permit the

24 processing examination to be conducted by one or

25 more representatives of the processing facility pursu-
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1 ant to a written procedure which is prepared by the

2 facility and based on the nature of the operations

3 conducted by the facility. In such cases, the Sec4 retary may prescribe minimum qualifications for

5 such representatives which shall not exceed the mini6 mum qualifications of other officials chosen by the

7 Secretary to perform such examinations.

8 (3) WRITTEN PROCEDURE.—Petitions for self9 inspection shall contain a written procedure for con10 ducting processing examinations. The written proce11 dure shall incorporate generally recognized control

12 procedures and corrective actions to enable the proc13 essing facility to monitor those physical, biological,

14 and chemical hazards that pose a significant risk to

15 human health and to control such risks. A process16 ing facility may limit its written procedure to food

17 safety concerns only. Aesthetic and economic con18 cerns need not be part of the required procedure and

19 shall not be subject to the verification activities pro20 vided in this section. All written procedures shall in21 clude a provision empowering officials chosen by the

22 Secretary to verify compliance with the written pro23 cedure.

24 (b) VERIFICATION OF THE WRITTEN PROCEDURE.—
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1 (1) VERIFICATION BY SECRETARY.—Following

2 the approval of a facility’s petition for self-inspec3 tion, the Secretary shall choose officials to verify a

4 facility’s compliance with its written procedure of

5 processing examination. The Secretary shall coordi6 nate the choice of such officials with other state and

7 Federal agencies to maximize the efficient use of

8 verification resources. The Secretary may require a

9 processing facility to maintain such records as may

10 be necessary to verify the facility’s compliance with

11 its written procedure.

12 (2) VERIFICATION ACTIVITIES.—In verifying

13 the compliance of a processing facility with its writ14 ten procedure, the officials chosen by the Secretary

15 shall review the following documents maintained by

16 the facility—

17 (A) written procedure of processing exam18 ination;

19 (B) in-house monitoring and control

20 records;

21 (C) records of deviations and dispositions

22 taken;

23 (D) in-house reviews of the processing ex24 amination procedures of the facility; and
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1 (E) upon the request of the facility, if any,

2 adopted and followed by the facility.

3 The officials chosen by the Secretary may also review any

4 other records generated by a facility’s written procedure,

5 make visual observations of the facility’s post-mortem in6 spections, and take samples of products to ensure the fa7 cility is following its written procedure.

8 (3) FREQUENCY OF VERIFICATION.—Among

9 the factors the Secretary shall consider in determin10 ing the frequency of verification activities at a proc11 essing facility are—

12 (A) the public health risk presented at the

13 various stages of processing;

14 (B) the reliability of the monitoring and

15 control systems used by the facility; and

16 (C) the compliance history of the facility.

17 (c) REMEDIATION OF THE WRITTEN PROCEDURE.—

18 If a verification inspection raises questions as to whether

19 product produced under the written procedure of process20 ing examination poses an unacceptable risk to human

21 health, the official making the inspection shall notify the

22 facility, in writing, of the alleged deficiencies in the written

23 procedure and what corrective action is necessary. The fa24 cility may either amend its written procedure to conform

25 to the recommendations of the official making the inspec-
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1 tion or appeal the matter. The Secretary shall provide an

2 expedited hearing process for such appeals. Until a final

3 administrative decision is rendered, the facility may con4 tinue to operate pursuant to its written procedure, unless

5 the Secretary makes an express factual determination that

6 product processed under that written procedure would

7 pose a direct and significant risk to public health and safe8 ty.

9 (d) DISPOSITION OF PRODUCT.—Except as provided

10 in subsection (c), any product produced in accordance with

11 the written procedure of post-mortem examination may be

12 shipped in commerce. When a facility determines that a

13 deviation has occurred, the facility shall retain the product

14 and either reprocess the suspect product using generally

15 recognized procedures or destroy the product. Any product

16 so destroyed shall be deemed to have been condemned by

17 the Secretary.

18 (e) NONCOMPLIANCE WITH THE WRITTEN PROCE19 DURE.—Should an official making a verification inspec20 tion determine that a facility is not following its written

21 procedure of processing examination, that official may in22 crease verification activities until the official determines

23 the facility will follow the procedure without such in24 creased verification. The official also may retain product

25 if such product would pose a direct and significant risk
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1 to public health and safety. The decision of any official

2 under this subsection may be appealed to the Secretary

3 by the facility. The Secretary shall provide an expedited

4 process to hear and decide such appeals.

5 SEC. 104. FACILITY SANITATION.

6 (a) SANITATION.—Each slaughtering facility or proc7 essing facility, and any other facility that is engaged in

8 the business of buying, selling, freezing, storing, or trans9 porting livestock and poultry carcasses, seafood, meat

10 products, poultry products, or seafood products, shall

11 adopt a written procedure providing for the maintenance

12 of sanitary conditions at that facility. Among the topics

13 covered by the written procedure shall be the proper stor14 age and handling of articles and products to assure that

15 they do not become adulterated or misbranded.

16 (b) VERIFICATION OF THE WRITTEN PROCEDURE.—

17 The Secretary shall choose officials who, using the proce18 dures set forth in section 104, shall periodically verify a

19 facility’s compliance with its written procedure for sanita20 tion.

21 SEC. 105. NIGHT EXAMINATIONS AND VERIFICATIONS.

22 If a slaughtering facility or a processing facility oper23 ates both during the day and at night, the Secretary shall

24 require that a portion of the examinations at that facility

25 and a portion of any visual observations by officials to ver-
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1 ify compliance with that facility’s written procedure for

2 examinations occur at night.

3 SEC. 106. PROHIBITED ACTS: ADULTERATED PRODUCT.

4 Except as provided in section 105, no person shall

5 do any of the following with respect to any livestock or

6 poultry carcass, seafood, meat product, poultry product,

7 or seafood product capable of use as human food:

8 (1) Slaughter or process any such article or

9 product except in compliance with the requirements

10 of this title.

11 (2) Fail to destroy any article or product that

12 has been condemned within such time as the Sec13 retary may prescribe.

14 (3) Sell, offer for sale or transportation, receive

15 for transportation, or transport any such article or

16 product that—

17 (A) was not slaughtered or processed in

18 compliance with the requirements of this title;

19 or

20 (B) is otherwise adulterated

21 (4) Commit any act which was intended to

22 cause, or has the effect of causing, any such article

23 or product to become adulterated.
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1 SEC. 107. EXEMPT ACTIVITIES.

2 (a) ACTIVITIES EXEMPT FROM FEDERAL INSPEC3 TION.—The provisions of this title requiring examination

4 of the slaughter of livestock, poultry, or seafood and the

5 processing of meat products, poultry products, and sea6 food products conducting shall not apply to—

7 (1) any person who slaughters or processes live8 stock, poultry, or seafood raised by that person for

9 the exclusive use of that person or his or her house10 hold;

11 (2) any person who engages in the custom

12 slaughter of livestock, poultry, or seafood received

13 from the owner thereof for the exclusive use by the

14 owner and his or her household; or

15 (3) the custom processing by any person of live16 stock, poultry, seafood, game animals, or game birds

17 received from the owner thereof exclusively for use

18 by the owner or his or her household.

19 (b) SEGREGATION OF EXEMPT PRODUCT FROM IN20 SPECTED PRODUCT.—The Secretary shall require that

21 any person who, at the same facility, engages in both the

22 activity described in subsection (a) and other slaughtering

23 or processing activity for which ante-mortem, post24 mortem, or processing examinations are required by this

25 title—
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1 (1) shall keep the livestock and poultry car2 casses, seafood, meat products, poultry products,

3 seafood products, containers, and packages of each

4 activity separate and distinct from the livestock and

5 poultry carcasses, seafood, meat products, poultry

6 products, seafood products, containers and packages

7 of the other activity at all times; and

8 (2) shall plainly mark all articles, containers, or

9 packages containing products slaughtered or proc10 essed under the conditions described in subsection

11 (a) as ‘‘Not For Sale.’’

12 (c) SUSPENSION OF EXEMPTION.—The Secretary

13 may suspend the exemption provided under subsection (a)

14 for any person who fails to comply with section 106 or

15 subsection (b) of this section.

16 SEC. 108. MICROBIOLOGICAL TESTING.

17 The Secretary may adopt such microbiological testing

18 as has been demonstrated to be necessary in assisting offi19 cials in verifying the effectiveness of the written proce20 dures established by a slaughtering facility or a processing

21 facility to control foodborne hazards under sections 102

22 and 103. In determining the appropriate role and use of

23 such testing, the Secretary shall collaborate with the Panel

24 established in section 144 and utilize the most current sci25 entific and technological evidence available.
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1 Subtitle B—Labeling Requirements

2 SEC. 121. INSPECTION LABELING.

3 (a) RECEPTACLE LABELS.—Any meat product, poul4 try product, or seafood product which has been examined

5 under chapter 1, prepared for commerce, and placed or

6 packed in any can, pot, tin, canvas, or other receptacle

7 or covering, shall have a label attached to said can, pot,

8 tin, canvas, or other receptacle or covering, by the slaugh9 tering facility or processing facility stating that its con10 tents have been ‘‘inspected and passed’’ pursuant to the

11 provisions of this Act.

12 (b) CARCASS AND PRODUCT LABELING.—Any live13 stock or poultry carcass, portion of a livestock or poultry

14 carcass, seafood, meat product, poultry product, or sea15 food product which has beenexamined under chapter 1 and

16 found to be unadulterated, shall have a label attached di17 rectly on the article or product or its container, as the

18 Secretary may designate, which contains the information

19 required to avoid misbranding.

20 (c) LABEL SPECIFICATIONS AND PRODUCT STAND21 ARDS.—Whenever the Secretary determines that action is

22 necessary to protect the public from false or misleading

23 information which poses a direct and significant threat to

24 public health or safety, the Secretary may—
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1 (1) prescribe the styles and sizes of type to be

2 used when labeling any articles or products subject

3 to this Act; and

4 (2) provide definitions, standards of identity or

5 composition and standards of fill of container for ar6 ticles and products subject to this Act which are

7 consistent with any such standards established

8 under the Federal Food, Drug, and Cosmetic Act.

9 The Secretary shall collaborate with the Secretary of

10 Health and Human Services and the Panel estab11 lished under section 144 prior to the issuance of

12 such findings to avoid any inconsistency with other

13 state or Federal standards and to coordinate the ad14 ministration of those standards.

15 (d) FALSE AND MISLEADING MARKINGS, LABELS

16 AND CONTAINERS.—The Secretary shall prohibit articles

17 or products subject to this Act from being sold, marketed

18 or transported with markings, labels, or containers which

19 convey false or misleading information that poses a direct

20 and significant threat to public health or safety. If the

21 Secretary determines that such a threat exists from any

22 marking, labeling, or container, the Secretary shall direct

23 that the marking, label, or contain be withheld unless

24 modified. The person or facility may either alter the mark25 ing, label, or container to conform to the specifications of
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1 the Secretary or appeal the matter. Until a final adminis2 trative decision is rendered, the person or facility may not

3 continue to utilize the marking, label, or container.

4 SEC. 122. DERIVATION LABELING; SEPARATE PREPARA5 TION AND SLAUGHTERING ACTIVITIES.

6 (a) DERIVATION LABELING.—No person shall sell,

7 market, or transport any livestock or poultry carcass, any

8 portion of a livestock or poultry carcass, seafood, meat

9 product, poultry product, or seafood product unless it is

10 conspicuously marked, labeled, or otherwise identified to

11 show the species of livestock, poultry, or seafood from

12 which it was derived.

13 (b) SEPARATE PROCESSING AND SLAUGHTERING FA14 CILITIES.—The Secretary may require that livestock or

15 poultry carcasses, seafood, meat products, poultry prod16 ucts, or seafood products from a particular species be

17 processed in facilities separate from the facilities in which

18 livestock or poultry carcasses, seafood, meat products,

19 poultry products, or seafood products of other species are

20 slaughtered or processed.

21 SEC. 123. PROHIBITED ACTS: MISBRANDING.

22 Except as specifically authorized by the Secretary, no

23 person shall do any of the following acts with respect to

24 any livestock or poultry carcass, seafood, meat product,

25 or seafood product—
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1 (1) forge any official marking, label, or certifi2 cate;

3 (2) simulate, alter, detach, deface, or destroy

4 any official marking, label, or certificate;

5 (3) fail to use any official marking, label, or

6 certificate required by the Secretary;

7 (4) knowingly possess any counterfeit, simu8 lated, forged, or altered official certificate;

9 (5) knowingly make any false statement in any

10 certificate or other official or unofficial document re11 quired by the Secretary;

12 (6) knowingly possess any article or product

13 bearing any counterfeit, simulated, forged, or altered

14 official marking; or

15 (7) knowingly misrepresent that any article or

16 product either has passed inspection or is exempt

17 from examination under this Act.

18 Subtitle C—International

19 Commerce

20 SEC. 131. IMPORTED LIVESTOCK AND POULTRY CAR21 CASSES, SEAFOOD, MEAT PRODUCTS, POUL22 TRY PRODUCTS, AND SEAFOOD PRODUCTS.

23 (a) IMPORTS TO MEET DOMESTIC STANDARDS.—

24 (1) INSPECTION AND VERIFICATION REQUIRE25 MENTS.—Notwithstanding any other provision of law
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1 and except as provided in paragraphs (3) and (4),

2 all livestock and poultry carcasses, seafood, meat

3 products, poultry products, and seafood products ca4 pable of use as human food offered for importation

5 into the United States shall be subject to the re6 quirements of this Act and the provisions of the

7 Federal Food, Drug and Cosmetic Act, and shall

8 further—

9 (A) be subject to inspection, sanitary, qual10 ity, species verification and residue standards

11 that are equivalent to those applied to products

12 produced in the United States; and

13 (B) have been slaughtered and processed

14 in facilities and under conditions that are equiv15 alent to those under which similar products are

16 processed in the United States, including the

17 requirements for humane methods of handling

18 and slaughter included in Public Law 85–765

19 (7 U.S.C. 1901–1906).

20 (2) FAILURE TO MEET DOMESTIC STAND21 ARDS.—Any imported livestock and poultry car22 casses, seafood, meat products, poultry products, or

23 seafood products that do not meet the domestic

24 standards specified in paragraph (1) shall not be
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1 permitted entry into the United States. The Sec2 retary shall enforce this provision through—

3 (A) the imposition of risk-based sampling,

4 testing, and inspection both at the point of

5 slaughter or processing in an exporting country

6 and at the point of entry into the United

7 States; and

8 (B) the certification by the Secretary of an

9 exporting country’s inspection, sanitary, quality,

10 species verification, and residue standards. The

11 Secretary shall periodically review such certifi12 cations. A foreign country whose standards

13 have not been certified by the Secretary as

14 equivalent to domestic standards shall not be el15 igible to export livestock and poultry carcasses,

16 seafood, meat products, poultry products, and

17 seafood products into the United States.

18 (3) CANADA AND MEXICO.—At any time during

19 which the North American Free Trade Agreement is

20 in effect, Canada and Mexico may demonstrate com21 pliance with the requirements of paragraph (1) of

22 this subsection by providing the Secretary with sci23 entific or other evidence, in accordance with risk as24 sessment methodologies adopted by the Secretary

25 and the exporting country, that the exporting coun-
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1 try achieves a level of consumer protection the Sec2 retary deems appropriate based on sound scientific

3 principles and reliable analytical methods.

4 (4) EXEMPTION FOR PERSONAL USE.—Live5 stock or poultry carcasses, seafood, meat products,

6 poultry products, or seafood products slaughtered or

7 processed in a foreign country shall be exempt from

8 the provisions of this section when purchased by an

9 individual exclusively for his or her household and if

10 the total weight all of the imported articles or prod11 ucts do not exceed fifty pounds.

12 (b) USAGE OF DRUGS BANNED IN THE UNITED

13 STATES.—The Secretary may limit the circumstances and

14 specify the terms and conditions upon which live livestock,

15 poultry, or seafood to which a drug banned for use in the

16 United States has been administered, or articles and prod17 ucts from such livestock, poultry, and seafood, may be im18 ported into the United States.

19 (c) REQUIREMENT THAT FOREIGN INSPECTION

20 STANDARDS BE BASED ON SOUND SCIENTIFIC PRIN21 CIPLES AND RELIABLE ANALYTICAL METHODS.—

22 (1) The Secretary shall determine whether any

23 foreign country applies inspection, sanitary, quality,

24 species verification, residue or other standards to

25 imports of livestock or poultry carcasses, seafood,
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1 meat products, poultry products, or seafood products

2 which are either unrelated to public health or safety

3 or cannot be justified by sound scientific principles

4 and reliable analytical methods.

5 (2) Following a determination by the Secretary

6 that a foreign country is employing standards to

7 United States imports as specified in paragraph (1)

8 of this subsection and consultation with the United

9 States Trade Representative, the President may re10 voke any certification provided under subsection (a)

11 to that foreign country unless that country’s inspec12 tion, sanitary, quality, species verification, or other

13 standards applicable to livestock and poultry car14 casses, seafood, meat products, poultry products,

15 and seafood products are identical to those required

16 in the United States.

17 (3) The action authorized under paragraph (2)

18 may be utilized under the circumstances noted in

19 that paragraph instead of, or in addition to, any

20 other action taken under any other law.

21 (d) DESTRUCTION OF IMPORTED ARTICLES CON22 DEMNED BY THE SECRETARY.—The Secretary may speci23 fy the terms and conditions for the destruction of articles

24 and products that are imported contrary to this section.

25 However, imported articles and products which are not in
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1 compliance with this section solely because of misbranding

2 may be brought into compliance under the supervision of

3 authorized representatives of the Secretary and subse4 quently released.

5 (e) REPORT TO CONGRESS.—Not later than March

6 1 of each year the Secretary shall submit to the Committee

7 on Agriculture of the House of Representatives and the

8 Committee on Agriculture, Nutrition, and Forestry of the

9 Senate a comprehensive written report regarding the ad10 ministration of this section during the immediately preced11 ing calendar year. Such report shall include the following:

12 (1) A certification by the Secretary that foreign

13 persons exporting livestock and poultry carcasses,

14 seafood, meat products, poultry products, and sea15 food products to the United States employ inspec16 tion, sanitary, quality, species verification, and resi17 due standards that are equivalent to those applied to

18 products produced in the United States, and have

19 been slaughtered and processed under conditions

20 and in facilities that are equivalent to those under

21 which similar articles and products are slaughtered

22 and processed in the United States. The Secretary

23 may treat the standards of Canada or Mexico as

24 equivalent if that country provides the Secretary

25 with scientific or other evidence, in accordance with
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1 risk assessment methodologies accepted by the Sec2 retary and the exporting country, that the country

3 achieves the level of consumer protection that the

4 Secretary considers appropriate based upon sound

5 scientific principles and reliable analytical methods.

6 (2) The names and locations of facilities that

7 exported livestock and poultry carcasses, seafood,

8 meat products, poultry products, or seafood products

9 to the United States.

10 (3) The number of officials utilized by the Unit11 ed States Department of Agriculture during that

12 calendar year to inspect the facilities, articles and

13 products specified in paragraph (2) and the fre14 quency with which each such facility was inspected

15 by those officials.

16 (4) The number of officials utilized by each

17 country during that year to inspect the facilities, ar18 ticles, and products specified in paragraph (2) and

19 the frequency and effectiveness of such inspection.

20 (5) The total volume of livestock and poultry

21 carcasses, seafood, meat products, poultry products,

22 or seafood products imported into the United States

23 during that calendar year from each country, includ24 ing the volume of each major category of such im25 ports from each country and a detailed accounting
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1 by facility, country, and product of facilities or prod2 ucts that failed to meet the standards prescribed by

3 this Act.

4 (6) The name of each country that employs

5 standards specified in subsection (c)(1).

6 SEC. 132. EXPORTS AND CERTIFICATES OF CONDITION.

7 (a) EXPORT EXAMINATION OF LIVESTOCK, POUL8 TRY, AND SEAFOOD.—The Secretary shall require the ex9 amination of all live livestock, poultry, and seafood offered

10 for export to foreign countries to ascertain whether such

11 animals are free from disease.

12 (b) EXPORT REVIEW OF LIVESTOCK AND POULTRY

13 CARCASSES, SEAFOOD, MEAT PRODUCTS, POULTRY

14 PRODUCTS, AND SEAFOOD PRODUCTS.—The Secretary

15 shall require the review of all livestock and poultry car16 casses, seafood, meat products, poultry products, and sea17 food products offered for export to any foreign country

18 to assure compliance with the examinations specified in

19 sections 101, 102, and 103.

20 (c) CERTIFICATES OF CONDITION.—The Secretary

21 shall choose officials to perform the examinations and re22 views required by this section and to issue official certifi23 cates stating the condition in which such live livestock,

24 poultry, and seafood, and such livestock and poultry car25 casses, seafood, meat products, poultry products, and sea-
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1 food products are found. Three copies of each certificate

2 shall be made and distributed as follows:

3 (1) one copy shall be filed with the United

4 States Department of Agriculture;

5 (2) one copy shall be delivered to the person ex6 porting the articles or products; and

7 (3) one copy shall be delivered to the person in

8 charge of the means of transportation through which

9 the articles or products are exported.

10 (d) DENIAL OF EXPORT.—The following items shall

11 not be exported to a foreign country unless the Secretary

12 has waived the requirement for certificates of condition

13 for that foreign country—

14 (1) live livestock, poultry or seafood without a

15 certificate of condition stating that the same are

16 sound and healthy; and

17 (2) livestock and poultry carcasses, seafood,

18 meat products, poultry products, and seafood prod19 ucts without a certificate of condition stating that

20 the examination of the same complied with sections

21 101, 102, and 103.

22 Subtitle D—Miscellaneous

23 SEC. 141. TRANSITIONAL PERIOD.

24 (a) DEADLINE TO DEVELOP AND IMPLEMENT WRIT25 TEN PROCEDURES; ASSISTANCE DURING TRANSITION PE-
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1 RIOD.—Each person subject to this Act shall implement

2 any written procedure required by sections 101, 102, 103,

3 and 104 that is applicable to its facility within three years

4 of the effective date of this Act. The Secretary shall direct

5 the Cooperative State Research, Education, and Extension

6 Service to develop an extension program to assist persons

7 and facilities which are small businesses to develop and

8 implement the written procedures required under sections

9 101, 102, 103, and 104.

10 (b) APPLICATION OF CURRENT LAW.—During the

11 period specified in subsection (a), the provisions of the

12 Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and

13 the Poultry Products Inspection Act (21 U.S.C. 451 et

14 seq.), as in effect on the day before the effective date of

15 this Act, shall be applicable to any person subject to this

16 Act until such time as the person has implemented all of

17 the written procedures required by sections 101, 102, 103,

18 and 104 that are applicable to the facilities of the person.

19 (c) PROHIBITION OF SLAUGHTERING AND PROCESS20 ING ACTIVITY.—The Secretary may prohibit any person

21 who fails, within the period specified in subsection (a), to

22 implement any written procedure required by sections 101,

23 102, 103, and 104 that is applicable to the facilities of

24 the person from engaging in the slaughtering or process25 ing of livestock and poultry carcasses, seafood, meat prod-
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1 ucts, poultry products, or seafood products until such time

2 as the person has developed and implemented the required

3 written procedures.

4 SEC. 142. RULEMAKING.

5 The Secretary shall promulgate such rules and regu6 lations as may be necessary for the efficient execution of

7 this title using the procedure set forth in section 523 of

8 title 5, United States Code.

9 SEC. 143. APPEALS.

10 (a) FINALITY OF SECRETARY’S DETERMINATION.—

11 Any determination by the Secretary under this Act shall

12 be final and conclusive unless, within thirty days of writ13 ten notice, the person to which the determination is appli14 cable appeals that determination to the court of appeals

15 for the circuit in which that person has its principal place

16 of business by filing with the clerk of such court a petition

17 asking that the Secretary’s determination be set aside or

18 modified as specified in the petition. The court may re19 quire the petitioner to file a bond sufficient to pay the

20 cost of the court proceedings.

21 (b) FINALITY OF APPELLATE REVIEW.—The court of

22 appeals shall have exclusive jurisdiction to review and af23 firm, set aside, or modify the determination of the Sec24 retary. The court’s decision shall be final except that it

25 shall be subject to review by the Supreme Court of the
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1 United States upon certiorari, as provided in section 1254

2 of title 28, United States Code, if application is made for

3 such writ within sixty days of the entry of the decree.

4 SEC. 144. SAFE MEAT, POULTRY, AND SEAFOOD INSPEC5 TION ADVISORY PANEL.

6 (a) ESTABLISHMENT.—There is established in the

7 Department of Agriculture a permanent advisory panel to

8 be known as the ‘‘Safe Meat, Poultry, and Seafood Inspec9 tion Advisory Panel’’.

10 (b) DUTIES.—

11 (1) REVIEW AND EVALUATION.—The Panel

12 shall review and evaluate, as the Panel considers

13 necessary, the adequacy, necessity, safety, cost-effec14 tiveness, and scientific merit of—

15 (A) inspection procedures of, and work

16 rules and worker relations involving Federal

17 employees employed in, plants inspected under

18 this Act;

19 (B) informal petitions or proposals for

20 changes in inspection procedures, processes,

21 and techniques of plants inspected under this

22 Act;

23 (C) formal changes in inspection regula24 tions promulgated under this Act, whether in

25 notice, proposed, or final form; and
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1 (D) such other matters as may be referred

2 to the Panel by the Secretary regarding the

3 quality or effectiveness of a safe and cost-effec4 tive meat, poultry, and seafood inspection sys5 tem under this Act.

6 (2) REPORTS.—

7 (A) IN GENERAL.—The Panel shall submit

8 to the Secretary a report on the results of each

9 review and evaluation carried out under para10 graph (1), including such recommendations as

11 the Panel considers appropriate.

12 (B) REPORTS ON FORMAL CHANGES.—In

13 the case of a report concerning a formal change

14 in inspection regulations, the report shall be

15 made within the time limits prescribed for for16 mal comments on such changes.

17 (C) PUBLICATION IN FEDERAL REG18 ISTER.—Each report of the Panel to the Sec19 retary shall be published in the Federal Reg20 ister.

21 (c) SECRETARIAL RESPONSE.—Not later than 90

22 days after the publication of a Panel report under sub23 section (b)(2)(C), the Secretary shall publish in the Fed24 eral Register any response required of the Secretary to

25 the report.
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1 (d) COMPOSITION OF PANEL.—The Panel shall be

2 composed of 7 members, not fewer than 5 of whom shall

3 be from the food science, meat science, poultry science,

4 or seafood science profession, appointed to staggered

5 terms not to exceed 3 years by the Secretary from nomina6 tions received from the National Institutes of Health and

7 the Federation of American Societies of Food Animal

8 Science and based on the professional qualifications of the

9 nominees.

10 (e) NOMINATIONS.—

11 (1) INITIAL PANEL.—The members of the Safe

12 Meat and Poultry Inspection Panel established

13 under section 410 of the Federal Meat Inspection

14 Act, as in effect on the day before the effective date

15 of this Act, shall constitute the initial Panel.

16 (2) VACANCIES.—Any subsequent vacancy on

17 the Panel shall be filled by the Secretary after solic18 iting 2 nominees from the National Institutes of

19 Health and 2 nominees from the Federation of

20 American Societies of Food Animal Science.

21 (3) REQUIREMENTS FOR NOMINEES.—

22 (A) IN GENERAL.—Each nominee provided

23 under paragraph (2) shall have a background in

24 public health issues and a scientific expertise in
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1 food, meat, or poultry science or in veterinary

2 science.

3 (B) SUBMISSION OF INFORMATION.—The

4 Secretary may require nominees to submit such

5 information as the Secretary considers nec6 essary prior to completing the selection process.

7 (4) ADDITIONAL NOMINEES.—If any list of

8 nominees provided under paragraph (2) is unsatis9 factory to the Secretary, the Secretary may request

10 the nominating entities to submit an additional list

11 of nominees.

12 (f) TRAVEL EXPENSES.—While away from the home

13 or regular place of business of a member of the Panel in

14 the performance of services for the Panel, the member

15 shall be allowed travel expenses, including per diem in lieu

16 of subsistence, at the same rate as a person employed

17 intermittently in the Government service would be allowed

18 under section 5703 of title 5, United States Code.

19 (g) CONFLICTS OF INTEREST.—The Secretary shall

20 promulgate regulations regarding conflicts of interest with

21 respect to the members of the Panel.

22 (h) EXEMPTION.—The Federal Advisory Committee

23 Act (5 U.S.C. App.) and title XVIII of the Food and Agri24 culture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply

25 to the Panel.
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1 (i) FUNDING.—From funds available to the Secretary

2 to carry out this Act, the Secretary shall ensure that suffi3 cient sums are made available to the Panel to carry out

4 its duties under this section. Funds made available to the

5 Panel shall not be subject to funding limitations included

6 in annual appropriations Acts enacted after the date of

7 the enactment of this Act.

8 SEC. 145. BRIBERY OF OFFICERS, EMPLOYEES, OR OFFI9 CIALS.

10 (a) OFFERING BRIBES TO OFFICERS, EMPLOYEES,

11 OR OFFICIALS.—Any person who directly or indirectly

12 gives, pays, or offers to give or pay to any officer or em13 ployee of the United States or other official chosen by the

14 Secretary to perform any of the duties prescribed by this

15 Act or the regulations made pursuant to this Act, any16 thing of value, with intent to influence said officer, em17 ployee or official in the discharge of any duty prescribed

18 by this Act or the regulations made pursuant to this Act,

19 shall be guilty of the felony of bribery and, upon convic20 tion, shall be punished by a fine of not less than five thou21 sand dollars nor more than ten thousand dollars or by im22 prisonment of not less than one year nor more than three

23 years, or both.

24 (b) OFFICERS, EMPLOYEES, OR OFFICIALS ACCEPT25 ING BRIBES.—Any officer or employee of the United
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1 States or other official chosen by the Secretary to perform

2 any of the duties prescribed by this Act or the regulations

3 made pursuant to this Act, who accepts anything of value

4 from any person with the intent that such payment or gift

5 would influence the performance or forbearance of any

6 duty prescribed by this Act or the regulations made pursu7 ant to this Act, shall be guilty of the felony of accepting

8 bribes and, upon conviction, shall be summarily discharged

9 from his or her duties under this Act and shall be pun10 ished further with a fine of not less than five thousand

11 dollars nor more than ten thousand dollars or by imprison12 ment of not less than one year nor more than three years,

13 or both.

14 SEC. 146. CONDITIONS FOR ENTRY.

15 The Secretary may limit the entry of live livestock,

16 poultry, or seafood, or livestock and poultry carcasses, sea17 food, meat products, poultry products, or seafood prod18 ucts, or any other materials, into any facility subject to

19 sections 102 or 103, or both, of this title to ensure that

20 the entry of such articles or products is consistent with

21 the purposes of this Act.

22 SEC. 147. PRE-SLAUGHTER IDENTIFICATION AND CONTROL.

23 (a) IDENTIFICATION OF THE SOURCE OF LIVESTOCK,

24 POULTRY, AND SEAFOOD.—The Secretary may require

25 persons involved in the production or marketing livestock,
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1 poultry, or seafood to provide such information as would

2 enable the slaughterer to determine the source of such

3 livestock, poultry, or seafood and, further, may require

4 slaughterers to notify the person marketing or raising the

5 livestock, poultry, or seafood of any disease or abnormality

6 identified by the Secretary.

7 (b) COORDINATION OF VOLUNTARY RISK-BASED

8 PRODUCER PROGRAMS.—The Secretary shall encourage

9 the establishment of voluntary producer programs to iden10 tify significant risks to public health or safety, if any,

11 posed by livestock, poultry, or seafood production practices

12 and to address such risks using generally recognized sci13 entific control procedures and corrective actions. In en14 couraging voluntary programs, the Secretary shall collabo15 rate with the panel established under section 144 and

16 shall, further,consult with appropriate Federal, State and

17 local agencies as well as with academic and research insti18 tutions in order to coordinate their efforts with the vol19 untary efforts of private sector companies, organizations,

20 and associations.

21 SEC. 148. MONITORING OF GROWING AREAS AND FISHING

22 GROUNDS.

23 (a) MONITORING SYSTEM.—The Secretary of Agri24 culture, in consultation with appropriate Federal and state

25 agencies, shall identify, classify, and monitor shellfish
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1 growing areas, seafood growing areas, and fishing grounds

2 from which significant quantities of seafood are harvested

3 within waters under Federal jurisdiction seaward of the

4 inner boundary of the exclusive economic zone. Within

5 such areas, the Secretary shall collect samples and other

6 scientific information concerning potential hazards with a

7 significant probability of rendering one or more species of

8 seafood and seafood products processed from such areas

9 and grounds adulterated.

10 (b) CLOSURE OF WATERS UNDER FEDERAL JURIS11 DICTION.—

12 (1) CLOSURE UPON DETERMINATION OF ADUL13 TERATION.—If the Secretary determines, based on

14 sampling or other scientific information, that one or

15 more species of seafood or seafood products proc16 essed from seafood harvested from a specific area or

17 ground is adulterated, the Secretary may prohibit or

18 otherwise impose conditions on the harvesting of

19 that seafood in a specific area of waters under Fed20 eral jurisdiction seaward of the inner boundary of

21 the exclusive economic zone in order to assure public

22 health and safety.

23 (2) IMMEDIATE EFFECT OF CLOSURE.—Any

24 conditions or closure imposed by the Secretary and

25 published in the Federal Register under authority
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1 provided by section 523 of title 5, United States

2 Code, shall have immediate effect.

3 (3) REVIEW AND DURATION OF CLOSURE.—The

4 Secretary shall review any conditions or closure im5 posed on a specific area of waters at least once every

6 six months to determine whether seafood from those

7 waters continues to be adulterated. The conditions

8 or closure shall remain in effect until the Secretary

9 determines that the source of adulteration no longer

10 exists.

11 (c) CLOSURE OF STATE WATERS.—

12 (1) GUIDELINES FOR CLOSURE OF STATE WA13 TERS.—The Secretary, in consultation with appro14 priate Federal and State agencies, shall develop

15 guidelines to assist states in establishing procedures

16 for closing waters under State jurisdiction.

17 (2) STATE CLOSURE OF STATE WATERS.—If the

18 Secretary determines that one or more species of

19 seafood or seafood products processed from seafood

20 harvested in an area of State waters is adulterated,

21 the Secretary shall immediately request the Gov22 ernor of such State to close or otherwise restrict

23 such area with respect to the harvesting of that spe24 cies of seafood until the circumstances that led to

25 the request no longer exist. The Secretary shall also
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1 notify the Secretary of Commerce and, if the species

2 of seafood is a species of shellfish or other bivalve

3 mollusk, the Chairman of the Interstate Shellfish

4 Sanitation Conference of his or her request of the

5 Governor.

6 (3) FEDERAL CLOSURE OF STATE WATERS.—

7 (A) If a State has not closed the affected

8 State waters within 15 days of the Secretary’s

9 request, and the Secretary determines that a

10 significant risk of adulteration continues, the

11 Secretary shall request the Secretary of Com12 merce to close the affected area of State waters

13 to the harvesting of the species identified, which

14 area shall remained closed until the Secretary

15 determines that the risk of adulteration no

16 longer exists.

17 (B) The Secretary may not determine that

18 a significant risk of adulteration exists with re19 spect to a species of shellfish or other bivalve

20 mollusk until the Secretary has consulted with

21 the Chairman of the Interstate Shellfish Sanita22 tion Conference.

23 (d) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclu24 sive economic zone’’ has the same meaning as that pro-
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1 vided by section 3(6) of the Magnuson Fishery Conserva2 tion and Management Act (16 U.S.C. 1801(6)).

3 SEC. 149. TRADE SECRET PROTECTION.

4 No person shall reveal any information acquired

5 under the authority of sections 101, 102, 103, 104, or 121

6 concerning any method or process that is a bona fide trade

7 secret or confidential commercial information, except to

8 the Secretary, another officer or employee of the United

9 States, an official chosen by the Secretary, or to a judge

10 when relevant to any administrative or judicial proceeding

11 brought under this Act.

12 TITLE II—RELATED INDUSTRIES

13 SEC. 201. PROHIBITION OF TITLE I INSPECTION OF ARTI14 CLES NOT INTENDED FOR USE AS HUMAN

15 FOOD; DENATURATION OR OTHER IDENTI16 FICATION PRIOR TO DISTRIBUTION IN COM17 MERCE; INEDIBLE ARTICLES.

18 Inspection shall not be provided under title I at any

19 facility for the slaughter of livestock, poultry, or seafood,

20 or the preparation of any livestock or poultry carcasses,

21 seafood, meat products, poultry products, or seafood prod22 ucts, that are not intended for use as human food, but

23 such articles shall, prior to their offer for sale or transpor24 tation in commerce, unless naturally inedible by humans,

25 must be denatured or identified in a manner that will
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1 deter their use for human food. No person shall buy, sell,

2 market, store, transport, or import, any livestock or poul3 try carcasses, seafood, meat products, poultry products,

4 or seafood products, that are not intended for use as

5 human food unless they are denatured or otherwise identi6 fied as inedible by humans.

7 SEC. 202. RECORD KEEPING REQUIREMENTS.

8 (a) PERSONS REQUIRED TO KEEP RECORDS; AC9 CESS AND EXAMINATION OF RECORDS.—The following

10 persons shall keep such records as will fully and correctly

11 disclose all transactions involved in their businesses and

12 shall, at all reasonable times and upon notice by the Sec13 retary, afford any duly appointed representative of the

14 Secretary access to their places of business, an oppor15 tunity to examine the facilities, inventory, and records,

16 and to remove reasonable samples of inventory upon pay17 ment of its fair market value:

18 (1) Any person that engages in the business of

19 slaughtering any livestock or poultry, or preparing,

20 freezing, packaging, labeling, or storing any livestock

21 or poultry carcasses, seafood, meat products, poultry

22 products, or seafood products for use as human food

23 or animal food. However, this section shall not su24 persede or otherwise impact on the records or docu-
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1 ments prepared by virtue of the written procedures

2 established under sections 101, 102, 103, and 104.

3 (2) Any person, such as a broker or wholesaler,

4 that engages in the business of buying, selling,

5 transporting, or importing any livestock or poultry

6 carcass, seafood, meat product, poultry product, or

7 seafood product.

8 (3) Any person, such as a renderer, that en9 gages in the business of buying, selling, transport10 ing, or importing any dead, dying, disabled, or dis11 eased livestock or poultry, or the carcasses or por12 tions of carcasses of livestock or poultry that died

13 otherwise than by slaughter.

14 (b) TIME PERIOD.—Any record required by this sec15 tion shall be maintained for such period of time as the

16 Secretary may prescribe by regulation.

17 SEC. 203. REGISTRATION OF PERSON, PLACE OF BUSINESS,

18 AND TRADE NAME.

19 No person, such as a broker, renderer, animal food

20 manufacturer, wholesaler, or public warehouseman shall

21 engage in the business of buying, selling, marketing, stor22 ing, transporting, or importing any livestock or poultry

23 carcasses, seafood, meat products, poultry products, or

24 seafood products, or the business of buying, selling, mar25 keting, storing, transporting, or importing any dead,
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1 dying, disabled, or diseased livestock, poultry, or seafood

2 or the carcasses or parts of the carcasses of any such live3 stock, poultry, or seafood that died otherwise than by

4 slaughter, unless that person has registered with the Sec5 retary the name and address of each place of business at

6 which, and all of the trade names under which, it conducts

7 its business.

8 SEC. 204. REGULATION OF TRANSACTIONS, TRANSPOR9 TATION, OR IMPORTATION OF CERTAIN LIVE10 STOCK, POULTRY, OR SEAFOOD TO ITS USE

11 AS HUMAN FOOD.

12 No person shall engage in the business of buying, sell13 ing, marketing, storing, transporting, or importing dead,

14 dying, disabled, or diseased livestock, poultry, or seafood

15 or the carcasses or parts of the carcasses of any such live16 stock, poultry, or seafood that died otherwise than by

17 slaughter, shall buy, sell, transport, unless such trans18 action is made in accordance with such regulations as the

19 Secretary may prescribe to assure that such livestock,

20 poultry, or seafood, or the unwholesome parts of products

21 thereof, will be prevented from being used for human food

22 purposes.
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1 SEC. 205. APPLICABILITY TO STATE AND TERRITORIAL

2 BUSINESSES NOT ENGAGED IN INTERSTATE

3 COMMERCE.

4 The Secretary may exercise the authority contained

5 in this title with respect to any person in any State or

6 Territory engaged in any business described in section

7 202, but not engaged in interstate commerce, whenever

8 the Secretary determines, after consultation with an ap9 propriate advisory committee described in section 301,

10 that the State or Territory regulating that person either

11 does not have authority under its laws or is not exercising

12 the authority it has under its laws to regulate that person

13 in a manner which effectuates the purposes of this Act.

14 The authority under such a State or Territorial law must

15 at least be equal to that provided under this title.

16 TITLE III—FEDERAL AND STATE

17 COOPERATION

18 SEC. 301. FEDERAL AND STATE COOPERATION.

19 (a) CONGRESSIONAL POLICY.—It is the policy of the

20 Congress to protect the consuming public from livestock

21 and poultry carcasses, seafood, meat products, poultry

22 products, and seafood products that are adulterated or

23 misbranded and to assist in any efforts by State and other

24 government agencies to accomplish this objective. In fur25 therance of this policy:
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1 (1) The Secretary is authorized, whenever he or

2 she determines that it would effectuate the purposes

3 of this Act, to cooperate with the appropriate State

4 agency in developing and administering a State

5 meat, poultry, or seafood inspection program in any

6 State that has enacted a State meat, poultry or sea7 food inspection law that imposes mandatory ante8 mortem examination, post-mortem examination, and

9 sanitation requirements that are at least equal to

10 those under title I of this Act, with respect to per11 sons engaged in the State in slaughtering of live12 stock, poultry, or seafood, or preparing the car13 casses, parts thereof, meat products, poultry prod14 ucts, or seafood products of any such livestock, poul15 try, or seafood for use as human food.

16 (2) The Secretary is further authorized, when17 ever the Secretary determines that it would effec18 tuate the purposes of this Act—

19 (A) to cooperate with appropriate State

20 agencies in developing and administering State

21 programs under State laws containing authori22 ties at least equal to those provided in title II;

23 and
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1 (B) to cooperate with other agencies of the

2 United States in carrying out any provisions of

3 this Act.

4 (3) Cooperation with State agencies under this

5 section shall include furnishing to the appropriate

6 State agency—

7 (A) advisory assistance in planning and

8 otherwise developing an adequate State pro9 gram under the State law and provide for a

10 fully operational Federal-State relations office

11 staffed in proportion to the size of Federal

12 State program; and

13 (B) technical and laboratory assistance

14 and training, the total cost to be borne by the

15 United States (including necessary curricular

16 and instructional materials and equipment),

17 and financial and other aid for administration

18 of such a program, and consulting with State

19 officials regarding the development and imple20 mentation of regulatory requirements. The

21 amount to be contributed to any State by the

22 Secretary under this section, except as provided

23 in subparagraph (B), from Federal funds for

24 any year shall not exceed 50 percent of the esti25 mated total cost of the cooperative program;
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1 and the Federal funds shall be allocated among

2 the States desiring to cooperate on an equitable

3 basis. Such cooperation and payment shall be

4 contingent at all times upon the administration

5 of the State program in a manner which the

6 Secretary, in consultation with the appropriate

7 advisory committee appointed under paragraph

8 (4), deems adequate to effectuate the purposes

9 of this section. The Secretary shall inform the

10 States of program changes within a reasonable

11 period of time.

12 (4) The Secretary shall appoint advisory com13 mittees consisting of such representatives of appro14 priate State agencies as the Secretary and the State

15 agencies may designate to consult with him concern16 ing State and Federal programs with respect to

17 meat and poultry inspection and other matters with18 in the scope of this Act, including evaluating State

19 programs for purposes of this Act and obtaining bet20 ter coordination and more uniformity among the

21 State programs and between the Federal and State

22 programs and adequate protection of consumers.

23 (5) In addition to appointing officials as pro24 vided in this Act the Secretary may enter into agree25 ments to utilize officers and employees of a State or
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1 the District of Columbia to conduct examinations

2 and investigations authorized under this Act, as the

3 Secretary determines practicable.

4 (b) STATE AGENCY.—The appropriate State agency

5 with which the Secretary may cooperate under this Act

6 shall be a single agency in the State that is primarily re7 sponsible for the coordination of the State programs hav8 ing objectives similar to those under this Act. When the

9 State programs include performance of certain functions

10 by a municipality or other subordinate governmental unit,

11 such unit shall be deemed to be a part of the State agency

12 for purposes of this section.

13 (c) DESIGNATION OF A STATE WITHOUT INSPECTION

14 REQUIREMENTS AT LEAST EQUAL TO FEDERAL INSPEC15 TION REQUIREMENTS.—

16 (1) If, at the end of two years following the en17 actment of this Act, the Secretary has reason to be18 lieve that a State has failed to develop or is not en19 forcing meat, poultry, and seafood inspection re20 quirements at least equal to those imposed under ti21 tles I and IV, with respect to all facilities within its

22 jurisdiction that are slaughtering or processing live23 stock, poultry, or seafood, their carcasses, or parts

24 or products thereof, for use as human food, the Sec-
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1 retary shall promptly notify the Governor of the

2 State of this fact.

3 (A) If the Secretary determines after con4 sultation with the Governor of the State, or

5 representative selected by him or her, that such

6 requirements have not been developed and acti7 vated, the Secretary shall promptly, after the

8 expiration of such two year period, designate

9 such State as one in which the provisions of ti10 tles I and IV shall apply to operations and

11 transactions wholly within such State.

12 (B) If the Secretary has reason to believe

13 that the State will activate such requirements

14 within one additional year, he or she may delay

15 such designation for said period, and not des16 ignate the State, if the Secretary believes that,

17 by the end of that year, the State will have

18 such requirements in effective operation.

19 (C) The Secretary shall publish any such

20 designation in the Federal Register and, upon

21 the expiration of 30 days after such publication,

22 the provisions of titles I and IV shall apply to

23 operations and transactions of persons engaged

24 in such businesses in that State to the same ex25 tent and in the same manner as if such oper-
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1 ations and transactions were conducted in inter2 state commerce.

3 (D) Upon request of the Governor, the

4 Secretary shall revoke such designation if the

5 Secretary determines that such State has devel6 oped and will enforce requirements at least

7 equal to those imposed under title I and title

8 IV.

9 (E) Notwithstanding any other provision of

10 this section, if the Secretary determines that

11 any person within a State is producing for

12 intrastate distribution adulterated meat prod13 ucts, poultry products, or seafood products that

14 would clearly endanger the public health, the

15 Secretary shall notify the Governor of the State

16 and the appropriate Advisory Committee de17 scribed in section 301 of such fact for effective

18 action under State or local law. If the State

19 does not take action within a reasonable time to

20 end this endangerment to public health, the

21 Secretary may immediately designate the facil22 ity of such person as subject to the provisions

23 of titles I and IV of the Act, and that facility

24 shall be subject to those provisions as though

25 engaged in interstate commerce until such time
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1 as the Secretary determines that such State has

2 developed and will enforce inspection require3 ments at least equal to those imposed under ti4 tles I and IV.

5 (2) Whenever the Secretary determines that

6 any State designated under this subsection has de7 veloped and will enforce State meat, poultry, and

8 seafood inspection requirements at least equal to

9 those imposed under titles I and IV, with respect to

10 all establishments within its jurisdiction that do not

11 operate under Federal inspection under title I and at

12 which any livestock, poultry, or seafood are slaugh13 tered, or livestock and poultry carcasses, seafood,

14 meat products, poultry products, or seafood products

15 are processed or distributed for use as human food,

16 the Secretary shall terminate the designation of that

17 State. Such termination shall not preclude the sub18 sequent redesignation of that State following publi19 cation of that redesignation in the Federal Register

20 and 30 days notice to its Governor.

21 (3) The Secretary shall periodically review the

22 meat, poultry, and seafood inspection requirements

23 of the States not designated under this subsection.

24 In the annual report required under section 604, the

25 Secretary shall include the results of the review and
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1 comment on whether these State requirements are at

2 least equal to the Federal inspection requirements

3 under titles I and IV.

4 (d) INTERSTATE DISTRIBUTION OF STATE-IN5 SPECTED MEAT, POULTRY AND SEAFOOD PRODUCTS.—

6 (1) Livestock and poultry carcasses, seafood,

7 meat products, poultry products, and seafood prod8 ucts inspected under any State meat, poultry, and

9 seafood inspection law (other than a State des10 ignated under subsection (c)) whose requirements

11 the Secretary has verified as being at least equal to

12 the substantive Federal inspection requirements of

13 title I, shall be eligible for distribution in interstate

14 commerce and for use in the preparation of products

15 in establishments at which Federal inspection is

16 maintained under title I.

17 (A) The Secretary is authorized to perform

18 random inspections at the facilities of persons

19 operating under any State meat, poultry, and

20 seafood inspection law to insure that the state

21 inspection requirements employed in that facil22 ity are at least equal to the substantive Federal

23 inspection requirements of title I.

24 (B) The Secretary may utilize Federal per25 sonnel, or may cooperate with the appropriate
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1 State agency under this Act to train and utilize

2 State personnel, to perform any random inspec3 tions authorized by this paragraph.

4 (C) In the event that a random inspection

5 performed under this paragraph discloses that a

6 state-inspected facility is not employing inspec7 tion requirements at least equal to the sub8 stantive Federal inspection requirements under

9 title I, the Secretary may restrict the products

10 produced by that facility to intrastate distribu11 tion until a subsequent inspection verifies that

12 the facility has re-established inspection re13 quirements at least equal to the substantive

14 Federal inspection requirements under title I.

15 (2) Livestock and poultry carcasses, seafood,

16 meat products, poultry products, or seafood products

17 that are inspected pursuant to a State law (other

18 than a State designated under subsection (c)), shall

19 bear the official inspection mark of the State which

20 performed those inspection services.

21 (3) A person may transfer between Federal in22 spection under title I and a State meat, poultry, and

23 seafood inspection program whose requirements are

24 at least equal to Federal inspection under title I on
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1 October 1st of any year upon 60 days written notice

2 to the Secretary.

3 TITLE IV—AUXILIARY

4 PROVISIONS

5 SEC. 401. INSPECTION SERVICES.

6 (a) WITHDRAWAL OF INSPECTION SERVICES FOR

7 CAUSE.—The Secretary may (for such period, or indefi8 nitely, as he or she deems necessary to effectuate the pur9 poses of this Act) refuse to provide, or withdraw, inspec10 tion under title I with respect to the facility of any person

11 if he or she determines, after an opportunity for a hearing

12 is accorded to the applicant for or recipient of inspection,

13 that such applicant or recipient is unfit to engage in any

14 business requiring inspection under title I because the ap15 plicant or recipient, or anyone responsibly connected to the

16 applicant or recipient has been convicted, in any Federal

17 or State Court, of—

18 (1) more than one violation of any law, other

19 than a felony, based upon the acquiring, handling,

20 or distributing of unwholesome, mislabeled, or decep21 tively packaged food, or upon fraud in connection

22 with transactions in food, or

23 (2) any felony.

24 (b) ADMINISTRATIVE REQUEST FOR TEMPORARY

25 COURT ORDER; DURATION; ADMINISTRATIVE ORDER.—
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1 (1) At the sentencing of any individual respon2 sibly connected with any business requiring inspec3 tion under title I and who is convicted of a felony

4 involving—

5 (A) the intentional adulteration of food

6 (except as defined in section 2(c)(1)(L));

7 (B) the adulteration of food, as defined in

8 section 2(c)(1)(L), with intent to defraud;

9 (C) bribery; or

10 (D) extortion;

11 the Secretary may request the sentencing court to

12 issue a temporary order forbidding such individual

13 to exercise operational control of, or to be physically

14 present at, any facility requiring inspection under

15 title I if the court finds that the exercise of oper16 ational control by, or the presence of such individual

17 at any such facility, either poses a direct and sub18 stantial threat to the public health or safety or, if

19 such individual is convicted of a felony described in

20 subparagraph (B), poses a clear likelihood of signifi21 cant economic harm to consumers.

22 (2) If issued, such temporary court order shall

23 terminate—

24 (A) whenever the Secretary determines by

25 administrative order, after a hearing on the
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1 record, whether such individual should exercise

2 operational control of, or be physically present

3 at, any facility requiring inspection under title

4 I, and judicial review, if any, of such determina5 tion is completed; or

6 (B) 90 days after the issuance of such

7 temporary order by the court if the Secretary

8 does not commence such hearing before the ex9 piration of such 90 days, whichever occurs ear10 lier.

11 (c) CONCLUSIVENESS OF ADMINISTRATIVE

12 ORDER.—Any determination and order of the Secretary

13 issued under subsection (a) or (b)(2) shall be conclusive

14 and enforceable unless the affected applicant for or recipi15 ent of inspection or the affected individual files, not later

16 than 30 days after the effective date of such order, a peti17 tion for review of such order in the United States Court

18 of Appeals for the District of Columbia Circuit or the

19 United States Court of Appeals for the circuit in which

20 the relevant facility is doing business. Judicial review of

21 such order shall be on the record on which the determina22 tion and order are based.

23 (d) JUDICIAL REMEDIES; WITHDRAWAL OF INSPEC24 TION SERVICES; REMOVAL OF INDIVIDUAL FROM CON25 TROL.—
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1 (1) Subject to paragraph (3), the Secretary

2 may commence a civil action in an appropriate

3 court, as provided in section 404, to withdraw in4 spection under title I with respect to any facility or

5 to prevent any individual responsibly connected with

6 any business requiring inspection under title I from

7 exercising operational control of, or being present at,

8 any facility requiring inspection under title I.

9 (2) If the court finds, on the basis of clear and

10 convincing evidence, that the recipient of inspection

11 or such individual has repeatedly failed to comply

12 with the requirements of this Act, or the rules and

13 regulations issued under this Act, in a manner that

14 poses a direct and substantial threat to the public

15 health or safety, the court shall issue an order—

16 (A) withdrawing inspection at such facility;

17 or

18 (B) forbidding such individual to exercise

19 operational control of, or to be physically

20 present at, such facility, for such period as the

21 court determines is necessary to carry out the

22 purposes of this Act.

23 (3) Not less than 90 days, and not more than

24 450 days, before commencing a civil action under

25 paragraph (1), the Secretary shall provide to each
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1 recipient of inspection, and each individual respon2 sibly connected with the business, with respect to

3 which such action is commenced, a written notice

4 that includes—

5 (A) a statement that the Secretary intends

6 to commence such action;

7 (B) a comprehensive description of the vio8 lations of this Act and the regulations issued

9 under this Act alleged by the Secretary; and

10 (C) a description of the actions the Sec11 retary considers necessary to be taken by such

12 recipient or such individual to comply with this

13 Act and to eliminate the need to commence

14 such civil action.

15 (e) TEMPORARY WITHDRAWAL OF INSPECTION

16 SERVICES.—

17 (1) The Secretary may temporarily withdraw

18 inspection under title I with respect to any facility

19 for such period as is necessary to ensure the safe

20 and effective performance of official duties under

21 this Act if the Secretary determines, after an oppor22 tunity for a hearing on the record, that an officer,

23 employee, or agent of such facility—

24 (A) threatened to forcibly assault;

25 (B) forcibly assaulted;
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1 (C) forcibly intimidated; or

2 (D) forcibly interfered with, an employee

3 of the United States engaged in, or on account

4 of, the performance of any such official duties.

5 (2)(A) Notwithstanding paragraph (1), the Sec6 retary may temporarily suspend inspection under

7 title I with respect to any facility, pending an expe8 dited administrative hearing on the record and judi9 cial review of the order of the Secretary based on

10 such record, if the Secretary determines that tem11 porary suspension of such inspection is necessary for

12 the safety of any employee who performs official du13 ties under this Act.

14 (B) If the Secretary receives, before or

15 after temporarily suspending such inspection in

16 accordance with subparagraph (A), adequate

17 written assurances from the recipient of the in18 spection, or the individuals involved, that the

19 conduct or circumstances that threatened the

20 safety of such employee will not continue or

21 recur, the Secretary may continue or restore

22 such inspection on condition that such assur23 ances are fulfilled.
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1 (f) NO IMPACT ON OTHER REMEDIES.—This section

2 shall not affect in any way other provisions of this Act

3 for the withdrawal of inspection under title I.

4 (g) DEFINITION OF ‘‘RESPONSIBLY CONNECTED

5 WITH THE BUSINESS’’.—For the purposes of this section,

6 a person shall be deemed to be responsibly connected with

7 the business if he or she is a partner, officer, director,

8 holder, or owner of 10 percent or more of its voting stock,

9 or an employee in a managerial or executive capacity.

10 (h) JUDICIAL REVIEW OF ADMINISTRATIVE

11 ORDER.—Except as provided in subsection (e)(2), the de12 termination and order of the Secretary with respect there13 to under this section shall be final and conclusive unless

14 the applicant for, or recipient of, files an application for

15 judicial review within thirty days after the effective date

16 of such order in the appropriate court as provided in sub17 section (e). Judicial review of any such order shall be upon

18 the record upon which the determination and order are

19 based.

20 SEC. 402. ADMINISTRATIVE DETENTION AND RELEASE OF

21 CARCASSES, MEAT PRODUCTS, POULTRY

22 PRODUCTS, AND SEAFOOD PRODUCTS.

23 Whenever any livestock or poultry carcass, seafood,

24 meat product, poultry product, or seafood product, or any

25 dead, dying, disabled, or diseased livestock, poultry, or
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1 seafood is found by any authorized representative of the

2 Secretary upon any premises where it is held for purposes

3 of, or during or after distribution, in commerce, or other4 wise subject to title I or II, and there is reason to believe

5 that any such article is adulterated or misbranded and is

6 capable of use as human food, or that it has not been in7 spected, in violation of the provisions of title I or of any

8 other Federal law or the laws of any State or Territory,

9 or the District of Columbia, or that such article has been

10 or is intended to be, distributed in violation of any such

11 provisions, it may be detained by such representative for

12 a period not to exceed twenty days, pending action under

13 section 403 or notification of any Federal, State, or other

14 governmental authorities having jurisdiction over such ar15 ticle, and shall not be moved by any person from the place

16 at which it is located when so detained, until released by

17 such representative. All official marks may be required by

18 such representative to be removed from such article before

19 it is released unless it appears to the satisfaction of the

20 Secretary that the article or animal is eligible to retain

21 such marks.

22 SEC. 403. SEIZURE AND CONDEMNATION.

23 (a) PROCEDURE.—Any livestock or poultry carcass,

24 seafood, meat product, poultry product, or seafood prod25 uct, or any dead, dying, disabled, or diseased livestock,
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1 poultry, or seafood that is being transported in interstate

2 commerce or otherwise subject to title I or II, or is held

3 for sale in the United States after such transportation,

4 and that—

5 (1) is or has been prepared, sold, transported,

6 or otherwise distributed or offered or received for

7 distribution in violation of this Act,

8 (2) is capable of use as human food and is

9 adulterated or misbranded, or

10 (3) in any other way is in violation of this Act,

11 shall be liable to be proceeded against and seized

12 and condemned, at any time, on a libel of informa13 tion in any United States district court or other

14 proper court as provided in section 404 within the

15 jurisdiction of which the article or animal is found.

16 If the article is condemned it shall, after entry of the

17 decree, be disposed of by destruction or sale as the court

18 may direct and the proceeds, if sold, less the court costs

19 and fees, and storage and other proper expenses, shall be

20 paid into the Treasury of the United States, but the article

21 shall not be sold contrary to the provisions of this Act,

22 or the laws of the jurisdiction in which it is sold. Upon

23 the execution and delivery of a good and sufficient bond

24 conditioned that the article shall not be sold or otherwise

25 disposed of contrary to the provisions of this Act, or the
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1 laws of the jurisdiction in which disposal is made, the

2 court may direct that such article be delivered to the

3 owner thereof subject to such supervision by authorized

4 representatives of the Secretary as is necessary to insure

5 compliance with the applicable laws. When a decree of con6 demnation is entered against the article and it is released

7 under bond, or destroyed, court costs and fees, and stor8 age and other proper expenses shall be awarded against

9 the person, if any, intervening as claimant of the article.

10 The proceedings in such libel cases shall conform, as near11 ly as may be, to the proceedings in admiralty, except that

12 either party may demand trial by jury or any issue of fact

13 joined in any case, and all such proceedings shall be at

14 the suit of and in the name of the United States.

15 (b) IMPACT ON OTHER PROVISIONS.—The provisions

16 of this section shall in no way derogate from authority

17 for condemnation or seizure conferred by other provisions

18 of this Act, or other laws.

19 SEC. 404. FEDERAL JURISDICTION.

20 The United States District Courts, the District Court

21 of Guam, the District Court of the Virgin Islands, the

22 highest court of American Samoa, and the United States

23 courts of the other Territories, are vested with jurisdiction

24 specifically to enforce, and to prevent and restrain viola25 tions of, this Act, and shall have jurisdiction in all other
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1 cases arising under this Act, except as provided in section

2 401(e).

3 SEC. 405. CRIMINAL ACTS AGAINST INSPECTION OFFI4 CIALS.

5 Any person who forcibly assaults, resists, opposes,

6 impedes, intimidates, or interferes with any person while

7 engaged in or on account of the performance of his official

8 duties under this Act shall be fined not more than $5,000

9 or imprisoned not more than three years, or both. Who10 ever, in the commission of any such acts, uses a deadly

11 or dangerous weapon, shall be fined not more than

12 $10,000 or imprisoned not more than ten years, or both.

13 Whoever kills any person while engaged in or on account

14 of the performance of his official duties under this Act

15 shall be punished as provided under sections 1111 and

16 1114 of title 18, United States Code.

17 SEC. 406. VIOLATIONS.

18 (a) CRIMINAL PENALTIES.—Any person who violates

19 any provisions of this Act for which no other criminal pen20 alty is provided by this Act shall upon conviction be sub21 ject to imprisonment for not more than one year, or a fine

22 of not more than $1,000, or both such imprisonment and

23 fine; but if such violation involves intent to defraud, or

24 any distribution or attempted distribution of an article

25 that is adulterated (except as defined in section
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1 2(c)(1)(L)), such person shall be subject to imprisonment

2 for not more than three years or a fine of not more than

3 $10,000, or both. No person shall be subject to penalties

4 under this section for receiving for transportation any ar5 ticle in violation of this Act if such receipt was made in

6 good faith, unless such person refuses to furnish on re7 quest of a representative of the Secretary the name and

8 address of the person from whom he or she received such

9 article and copies of all documents, if any there be, per10 taining to the delivery of the articles to him or her.

11 (b) MINOR VIOLATIONS.—Nothing in this Act shall

12 be construed as requiring the Secretary to report for pros13 ecution or for the institution of libel or injunction proceed14 ings, minor violations of this Act whenever he or she be15 lieves that the public interest will be adequately served by

16 a suitable written notice of warning. In determining

17 whether the public interest could be adequately served by

18 a written notice of warning, the Secretary shall take into

19 account, among other factors—

20 (1) the compliance history of such facility;

21 (2) the magnitude of the violation;

22 (3) whether compliance with this Act would

23 likely be obtained as a result of such notice; and

24 (4) whether such violation is of a minor or tech25 nical nature.
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1 (c) NOTICE OF REFERRAL OF CRIMINAL VIOLA2 TION.—Unless the Secretary by regulation provides other3 wise, before any violation of this Act is reported by the

4 Secretary for prosecution in a criminal proceeding, the

5 Secretary shall give the person alleged to have committed

6 such violation—

7 (1) reasonable notice that the Secretary intends

8 to report such violation for prosecution; and

9 (2) an opportunity to present to the Secretary,

10 orally or in writing, views with respect to such pro11 ceeding.

12 (d) CIVIL PENALTIES.—In lieu of proceeding under

13 subsection (a) above any person who violates this Act or

14 any regulations issued thereunder may be liable to the

15 United States for a civil penalty in an amount not to ex16 ceed $10,000. A civil penalty under this paragraph may

17 be assessed by the Secretary of Agriculture in the case

18 of violations arising under section 110, and by the Sec19 retary in the case of violations arising under other provi20 sions of this Act, by an order made on the record after

21 opportunity for a hearing provided in accordance with this

22 paragraph and section 554 of title 5, United States Code.

23 Before issuing such an order, the Secretary shall give writ24 ten notice to the person to be assessed a civil penalty of

25 the Secretary’s proposal to issue such order and provide
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1 such person an opportunity for a hearing. In determining

2 the amount of any civil penalty, such Secretary shall take

3 into account the nature, circumstances, extent, and grav4 ity of the violation or violations and, with respect to the

5 violator, ability to pay, effect on ability to continue to do

6 business, any history of prior such violations, the degree

7 of culpability, and other matters as justice may require.

8 The Secretary may compromise, modify, or remit, with or

9 without conditions, any civil penalty that may be assessed

10 under this paragraph. The amount of such penalty, when

11 finally determined, or the amount agreed upon in com12 promise, may be deducted from any sums owing by the

13 United States to the person charged.

14 SEC. 407. OTHER FEDERAL LAWS APPLICABLE TO ADMINIS15 TRATION AND ENFORCEMENT OF ACT.

16 For the efficient administration and enforcement of

17 this Act, the provisions (including penalties) of sections

18 6, 8, 9, and 10 of the Act entitled ‘‘An Act to create a

19 Federal Trade Commission, to define its powers and du20 ties, and for other purposes,’’ approved September 26,

21 1914 (38 Stat. 721 09723, as amended: 15 U.S.C. 46,

22 48, 49, and 50) (except subsections (c) through (h) of sec23 tion 6 and the last paragraph of section 9), and the provi24 sions of subsection 409(1) of the Communications Act of

25 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are
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1 made applicable to the jurisdiction, powers, and duties of

2 the Secretary in administering and enforcing the provi3 sions of this Act and to any person, firm, or corporation

4 with respect to whom such authority is exercised. The Sec5 retary, in person or by such agents as he or she may des6 ignate, may prosecute any inquiry necessary to his or her

7 duties under this Act in any part of the United States,

8 and the powers conferred by said sections 9 and 10 of

9 the Act of September 26, 1914, as amended, on the dis10 trict courts of the United States may be exercised for the

11 purposes of this Act by any court designated in section

12 404.

13 SEC. 408. STATE JURISDICTION OVER FEDERALLY REGU14 LATED MATTERS.

15 (a) INSPECTION.—Requirements within the scope of

16 this Act with respect to premises, facilities, and operations

17 of any establishment at which inspection is provided under

18 title I, which are in addition to, or different than those

19 made under this Act may not be imposed by any State

20 or Territory or the District of Columbia. However, any

21 such jurisdiction may impose record keeping and other re22 quirements within the scope of section 202, if consistent

23 with such section, with respect to any such establishment.

24 (b) MARKING, LABELING, AND PACKAGING.—
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1 (1) Marking, labeling, packaging, or ingredient

2 requirements in addition to or different than those

3 made under this Act may not be imposed by any

4 State or Territory or District of Columbia with re5 spect to articles prepared at any establishment

6 under Federal inspection in accordance with the re7 quirements of title I or with respect to articles pre8 pared for commerce at any State inspected establish9 ment in accordance with the requirements of section

10 301(d).

11 (2) A State or Territory or the District of Co12 lumbia may, consistent with the requirements under

13 this Act, exercise concurrent jurisdiction with the

14 Secretary over articles distributed in commerce or

15 otherwise subject to the Act, for the purpose of pre16 venting the distribution for human food purposes of

17 any such articles which are not in compliance with

18 the requirements under this Act and are outside of

19 any federally or State inspected establishment, or in

20 the case of imported articles, which are not at such

21 an establishment, after their entry into the United

22 States.

23 (c) CONSISTENT STATE ACTION PERMITTED.—This

24 Act shall not preclude any State or Territory or the Dis25 trict of Columbia from imposing a requirement or taking
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1 other actions, consistent with this Act, with respect to any

2 other matters regulated under this Act.

3 SEC. 409. FEDERAL FOOD, DRUG, AND COSMETIC ACT AP4 PLICATIONS.

5 (a) CONSISTENCY WITH FFDCA.—Notwithstanding

6 any other provisions of law, including section 902(b) of

7 the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

8 392(a)), the provisions of this Act shall not derogate from

9 any authority conferred by the Federal Food, Drug, and

10 Cosmetic Act prior to enactment of this Act.

11 (b) DETAINER AUTHORITY FOR ARTICLES OUTSIDE

12 OF INSPECTED FACILITY.—The detainer authority con13 ferred by section 402 shall apply to any authorized rep14 resentative of the Secretary of Health and Human Serv15 ices for purposes of the enforcement of the Federal Food,

16 Drug, and Cosmetic Act with respect to any livestock or

17 poultry carcass, seafood, meat product, poultry product,

18 or seafood product, that is outside any premises at which

19 inspection is being maintained under this Act, and for

20 such purposes the first reference to the Secretary in sec21 tion 402 shall be deemed to refer to the Secretary of

22 Health and Human Services.
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1 TITLE V—PUBLIC EDUCATION

2 SEC. 501. EDUCATION.

3 The Secretary shall, in cooperation with the State de4 partments of agriculture, slaughterers, processors, univer5 sities, producers, cooperative extension services, other ap6 propriate State entities, and other interested parties de7 sign and implement a national public education program

8 on meat, poultry, and seafood products. The program shall

9 provide, but is not limited to—

10 (1) information to the public regarding Federal

11 good practice requirements and promotion of public

12 awareness, understanding, and acceptance of such

13 requirements;

14 (2) advice to individuals involved in recreational

15 and subsistence fisheries concerning the health haz16 ards associated with the seafood they may harvest

17 and the precautions they should take to safeguard

18 themselves and others from those hazards;

19 (3) information to consumers regarding appro20 priate handling and preparation of meat, poultry,

21 and seafood products, as well as information for pro22 ducers, processors, and food service handlers;

23 (4) such other information or advice to consum24 ers and other persons as the Secretary determines

25 will promote the purposes of this Act; and
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1 (5) new technologies, such as irradiation, to

2 produce a safer food supply.

3 TITLE VI—MISCELLANEOUS

4 PROVISIONS

5 SEC. 601. RESEARCH.

6 The Secretary of Agriculture may conduct research

7 to assist the implementation of this Act, including studies

8 to—

9 (1) improve sanitation and safety practices in

10 the processing of meat, poultry, and seafood prod11 ucts;

12 (2) develop improved techniques for the mon13 itoring and inspection of meat, poultry, and seafood

14 products;

15 (3) develop efficient, rapid, and sensitive meth16 ods for determining and detecting the presence of

17 contaminants in livestock, poultry, or seafood and in

18 meat, poultry, and seafood products;

19 (4) determine the sources of contamination of

20 livestock, poultry, or seafood, and meat, poultry, or

21 seafood products with contaminants;

22 (5) develop consumption data with respect to

23 meat, poultry, and seafood products; and

24 (6) develop epidemiological and ecological data

25 that will identify risk factors, diagnostic procedures,
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1 critical control points, and intervention strategies for

2 pre-slaughter assurance programs.

3 SEC. 602. COST OF INSPECTION; OVERTIME.

4 The cost of inspection rendered under the require5 ments of this Act, shall be borne by the United States,

6 except that the cost of overtime and holiday work per7 formed in establishments subject to the provisions of this

8 Act at such rates as the Secretary may determine shall

9 be borne by such establishments. Sums received by the

10 Secretary in reimbursement for sums paid out by him for

11 such premium pay work shall be available without fiscal

12 year limitation to carry out the purposes of this section.

13 SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums

15 as are necessary to carry out the provisions of this Act.

16 SEC. 604. REPORTS TO CONGRESS.

17 The Secretary shall annually report to the Committee

18 on Agriculture of the House of Representatives and the

19 Committee on Agriculture, Nutrition, and Forestry of the

20 Senate with respect to the slaughter of livestock, poultry,

21 and seafood subject to this Act, and the preparation, stor22 age, handling, and distribution of livestock and poultry

23 carcasses, seafood, meat products, poultry products, and

24 seafood products and inspection of establishments oper-
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1 ated in connection therewith, including the status and ef2 fectiveness of inspection operations under this Act.

3 TITLE VII—REPEAL OF

4 SUPERSEDED LAWS

5 SEC. 701. POULTRY PRODUCTS INSPECTION ACT.

6 The Poultry Products Inspection Act (21 U.S.C. 451

7 et seq.) is repealed.

8 SEC. 702. FEDERAL MEAT INSPECTION ACT.

9 The Federal Meat Inspection Act (21 U.S.C. 601 et

10 seq.) is repealed.

11 SEC. 703. RELATED LAWS.

12 (a) REPORTS UNDER THE WHOLESOME MEAT

13 ACT.—Section 17 of the Wholesome Meat Act (21 U.S.C.

14 691) is repealed.

15 (b) INSPECTION OF REINDEER.—The proviso in the

16 paragraph entitled ‘‘MEAT INSPECTION, BUREAU OF ANI17 MAL INDUSTRY’’ under the heading ‘‘BUREAU OF ANI18 MAL INDUSTRY’’ in the Act of June 30, 1914 (21

19 U.S.C. 692), is repealed.

20 (c) INSPECTION OF DAIRY PRODUCTS FOR EX21 PORT.—The first proviso in the third paragraph under the

22 heading ‘‘BUREAU OF ANIMAL INDUSTRY’’ in the

23 Act of May 23, 1908 (21 U.S.C. 693), is repealed.

24 (d) PAYMENT OF COST OF MEAT INSPECTION SERV25 ICES.—The Act entitled ‘‘An Act relating to the meat-in-
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1 spection service of the Department of Agriculture’’, ap2 proved June 8, 1948 (21 U.S.C. 695), is repealed.

3 SEC. 704. CONFORMING AMENDMENTS.

4 (a) FOOD, AGRICULTURE, CONSERVATION, AND

5 TRADE ACT OF 1990.—The Food, Agriculture, Conserva6 tion, and Trade Act of 1990 is amended—

7 (1) in section 1327(a) (7 U.S.C. 138f(a)), by

8 striking ‘‘, the Federal Meat Inspection Act (21

9 U.S.C. 601 et seq.), or the Poultry Products Inspec10 tion Act (21 U.S.C. 451 et seq.)’’ and inserting ‘‘or

11 the Meat, Poultry, and Seafood Inspection Reform

12 Act of 1996’’; and

13 (2) in section 2120(f) (7 U.S.C. 6519(f))—

14 (A) by striking ‘‘the Federal Meat Inspec15 tion Act (21 U.S.C. 601 et seq.), the Poultry

16 Products Inspection Act (21 U.S.C. 451 et

17 seq.),’’ and inserting ‘‘the Meat, Poultry, and

18 Seafood Inspection Reform Act of 1996’’; and

19 (B) by striking ‘‘meat, poultry and egg

20 products’’ and inserting ‘‘meat, poultry, sea21 food, and egg products’’.

22 (b) CONSUMER PRODUCT SAFETY ACT.—Section

23 3(a)(1)(I) of the Consumer Product Safety Act (15 U.S.C.

24 2052(a)(1)(I)) is amended by striking ‘‘poultry and poul25 try products (as defined in sections 4 (e) and (f) of the
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1 Poultry Products Inspection Act), meat, meat food prod2 ucts (as defined in section 1(j) of the Federal Meat Inspec3 tion Act),’’ and inserting ‘‘livestock, poultry, seafood, and

4 their products regulated under the Meat, Poultry, and

5 Seafood Inspection Reform Act of 1996’’.

6 (c) TOXIC SUBSTANCES CONTROL ACT.—Section

7 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.

8 2602(2)(B)) is amended by striking ‘‘poultry and poultry

9 products (as defined in sections 4(e) and 4(f) of the Poul10 try Products Inspection Act), meat and meat food prod11 ucts (as defined in section 1(j) of the Federal Meat Inspec12 tion Act),’’ and inserting ‘‘livestock, poultry, seafood, and

13 their products regulated under the Meat, Poultry, and

14 Seafood Inspection Reform Act of 1996’’.

15 (d) ENDANGERED SPECIES ACT OF 1973.—Section

16 11(h) of the Endangered Species Act of 1973 (16 U.S.C.

17 1540(h)) is amended by striking ‘‘, and 612–614)’’ and

18 inserting ‘‘), section 132 of the Meat, Poultry, and Sea19 food Inspection Reform Act of 1996,’’.

20 (e) VIRUSES, SERUMS, TOXINS, AND ANALOGOUS

21 PRODUCTS.—The eighth paragraph of the matter under

22 the heading ‘‘BUREAU OF ANIMAL INDUSTRY’’ of

23 the Act of March 4, 1913 (21 U.S.C. 159), is amended—

24 (1) by striking ‘‘the Federal Meat Inspection

25 Act (21 U.S.C. 672, 673, and 674)’’ and inserting
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1 ‘‘the Meat, Poultry, and Seafood Inspection Reform

2 Act of 1996’’; and

3 (2) by striking ‘‘(21 U.S.C. 675)’’.

4 (f) FEDERAL FOOD, DRUG, AND COSMETIC ACT.—

5 The Federal Food, Drug, and Cosmetic Act (21 U.S.C.

6 301 et seq.) is amended—

7 (1) in section 201(s)(4) (21 U.S.C. 321(s)(4)),

8 by striking ‘‘the Poultry Products Inspection Act

9 (21 U.S.C. 451 and the following) or the Meat In10 spection Act of March 4, 1907 (34 Stat. 1260), as

11 amended and extended (21 U.S.C. 71 and the fol12 lowing)’’ and inserting ‘‘the Federal Meat Inspection

13 Act (21 U.S.C. 601 et seq.) or the Poultry Products

14 Inspection Act (21 U.S.C. 451 et seq.), as in effect

15 before the date of the enactment of the Meat, Poul16 try, and Seafood Inspection Reform Act of 1996’’;

17 and

18 (2) in section 902 (21 U.S.C. 392(a)), by strik19 ing subsection (b) and inserting the following new

20 subsection:

21 ‘‘(b) Livestock, poultry, seafood, and their products

22 regulated under the Meat, Poultry, and Seafood Inspec23 tion Reform Act of 1996 shall be exempt from the provi24 sions of this Act.’’.
102

•HR 4302 IH

1 TITLE VIII—EFFECTIVE DATE

2 SEC. 801. EFFECTIVE DATE.

3 This Act and the amendments made by this Act shall

4 take effect 30 days after the date of the enactment of this

5 Act.

Æ