II 

109TH CONGRESS 

1ST SESSION S. 73 

To promote food safety and to protect the animal feed supply from bovine 

spongiform encephalopathy. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To promote food safety and to protect the animal feed supply 

from bovine spongiform encephalopathy. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Animal Feed Protec5 tion Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BSE.—The term ‘‘BSE’’ means bovine 

9 spongiform encephalopathy. 

10 (2) COVERED ARTICLE.— 
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1 (A) IN GENERAL.—The term ‘‘covered ar2 ticle’’ means— 

3 (i) feed for an animal; 

4 (ii) a nutritional supplement for an 

5 animal; 

6 (iii) medicine for an animal; and 

7 (iv) any other article of a kind that is 

8 ordinarily ingested, implanted, or otherwise 

9 taken into an animal. 

10 (B) EXCLUSIONS.—The term ‘‘covered ar11 ticle’’ does not include— 

12 (i) an unprocessed agricultural com13 modity that is readily identifiable as non14 animal in origin, such as a vegetable, 

15 grain, or nut; 

16 (ii) an article described in subpara17 graph (A) that, based on compelling sci18 entific evidence, the Secretary determines 

19 does not pose a risk of transmitting prion 

20 disease; or 

21 (iii) an article regulated by the Sec22 retary that, as determined by the Sec23 retary— 

24 (I) poses a minimal risk of car25 rying prion disease; and 
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1 (II) is necessary to protect ani2 mal health or public health. 

3 (3) SPECIFIED RISK MATERIAL.— 

4 (A) IN GENERAL.—The term ‘‘specified 

5 risk material’’ means— 

6 (i) the skull, brain, trigeminal ganglia, 

7 eyes, tonsils, spinal cord, vertebral column, 

8 or dorsal root ganglia of— 

9 (I) cattle and bison 30 months of 

10 age and older; or 

11 (II) sheep, goats, deer, and elk 

12 12 months of age and older; 

13 (ii) the intestinal tract of a ruminant 

14 of any age; and 

15 (iii) any other material of a ruminant 

16 that may carry a prion disease, as deter17 mined by the Secretary, based on scientif18 ically credible research. 

19 (B) MODIFICATION.—The Secretary shall 

20 conduct an annual review of scientific research 

21 and may modify the definition of specified risk 

22 material based on scientifically credible research 

23 (including the conduct of ante-mortem and 

24 post-mortem tests certified by the Secretary of 

25 Agriculture). 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC 

4 HEALTH. 

5 It shall be unlawful for any person to introduce into 

6 interstate or foreign commerce a covered article if the cov7 ered article contains— 

8 (1)(A) specified risk material from a ruminant; 

9 or 

10 (B) any material from a ruminant that— 

11 (i) was in any foreign country at a time at 

12 which there was a risk of transmission of BSE 

13 in the country, as determined by the Secretary 

14 of Agriculture; and 

15 (ii) may contain specified risk material 

16 from a ruminant; or 

17 (2) any material from a ruminant exhibiting 

18 signs of a neurological disease. 

19 SEC. 4. ENFORCEMENT. 

20 (a) COOPERATION.—The Secretary and the heads of 

21 other Federal agencies, as appropriate, shall cooperate 

22 with the Attorney General in enforcing this Act. 

23 (b) DUE PROCESS.—Any person subject to enforce24 ment action under this section shall have the opportunity 

25 for an informal hearing on the enforcement action as soon 
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1 as practicable after, but not later than 10 days after, the 

2 enforcement action is taken. 

3 (c) REMEDIES.—In addition to any remedies avail4 able under other provisions of law, the head of a Federal 

5 agency may enforce this Act by— 

6 (1) seizing and destroying an article that is in7 troduced into interstate or foreign commerce in vio8 lation of this Act; or 

9 (2) issuing an order requiring any person that 

10 introduces an article into interstate or foreign com11 merce in violation of this Act— 

12 (A) to cease the violation; 

13 (B)(i) to recall any article that is sold; and 

14 (ii) to refund the purchase price to the 

15 purchaser; 

16 (C) to destroy the article or forfeit the ar17 ticle to the United States for destruction; or 

18 (D) to cease operations at the facility at 

19 which the article is produced until the head of 

20 the appropriate Federal agency determines that 

21 the operations are no longer in violation of this 

22 Act. 

23 (d) CIVIL AND MONETARY PENALTIES.—Not later 

24 than 180 days after the date of enactment of this Act, 

25 the Secretary shall promulgate regulations establishing 
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1 the appropriate level of civil and monetary penalties nec2 essary to carry out this Act. 

3 SEC. 5. TRAINING STANDARDS. 

4 The Secretary, in consultation with the Secretary of 

5 Agriculture, shall issue training standards to industry for 

6 the removal of specified risk materials. 

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated $5,000,000 to 

9 carry out this Act. 

10 SEC. 7. EFFECTIVE DATE. 

11 This Act takes effect on the date that is 180 days 

12 after the date of enactment of this Act. 

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