I

103D CONGRESS

1ST SESSION H. R. 1786

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to require the inspection of meat and poultry to determine

the presence of microbial contamination that can cause food poisoning

or infection in humans, to require the Secretary of Agriculture to develop

appropriate labeling to warn purchasers of meat and poultry of potential

microbial contamination and give proper handling and cooking instructions to destroy microbial contaminants, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1993

Mr. KREIDLER (for himself and Mr. SWIFT) introduced the following bill;

which was referred to the Committee on Agriculture

A BILL

To amend the Federal Meat Inspection Act and the Poultry

Products Inspection Act to require the inspection of meat

and poultry to determine the presence of microbial contamination that can cause food poisoning or infection

in humans, to require the Secretary of Agriculture to

develop appropriate labeling to warn purchasers of meat

and poultry of potential microbial contamination and give

proper handling and cooking instructions to destroy microbial contaminants, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘Food-borne Illness Prevention Act of 1993’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—AMENDMENTS TO FEDERAL MEAT INSPECTION ACT

Sec. 101. Definition of pathogens.

Sec. 102. Adulterated meat to include contamination with pathogens.

Sec. 103. Standards of animal cleanliness.

Sec. 104. Domestic inspection for pathogen contamination.

Sec. 105. Inspection of imported meat articles for pathogen contamination.

Sec. 106. Pathogens warning and handling and cooking instructions for raw

meat and meat products.

Sec. 107. Recordkeeping.

TITLE II—AMENDMENTS TO POULTRY PRODUCTS INSPECTION

ACT

Sec. 201. Definition of pathogens.

Sec. 202. Adulterated poultry to include contamination with pathogens.

Sec. 203. Standards of poultry cleanliness.

Sec. 204. Domestic inspection for pathogen contamination.

Sec. 205. Inspection of imported poultry for pathogen contamination.

Sec. 206. Pathogens warning and handling and cooking instructions for raw

poultry products.

Sec. 207. Recordkeeping.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Research program to prevent contamination of meat and poultry by

pathogens.

Sec. 302. Animal identification program to trace pathogen contamination.

Sec. 303. Advisory council on meat and poultry pathogen control.

Sec. 304. Annual reports.

Sec. 305. Recoupment of costs of inspection for pathogen contamination and

other activities under this Act.
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1 TITLE I—AMENDMENTS TO FED2 ERAL MEAT INSPECTION ACT

3 SEC. 101. DEFINITION OF PATHOGENS.

4 Section 1 of the Federal Meat Inspection Act (21

5 U.S.C. 601) is amended by adding at the end the following

6 new definition:

7 ‘‘(w) The term ‘pathogens’ means bacteria and other

8 microbial organisms which, if present on or in a carcass,

9 part of a carcass, meat, or meat food product of cattle,

10 sheep, swine, goats, horses, mules, or other equines, may

11 cause food poisoning or infection if consumed without

12 proper handling and cooking.’’.

13 SEC. 102. ADULTERATED MEAT TO INCLUDE CONTAMINA14 TION WITH PATHOGENS.

15 (a) Section 1(m) of the Federal Meat Inspection Act

16 (21 U.S.C. 601(m)) is amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (8);

19 (2) by striking the period at the end of para20 graph (9) and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(10) if it contains a level of pathogens in ex24 cess of the level of pathogens established by the Sec-
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1 retary by rule for the particular type of carcass, part

2 of a carcass, meat, or meat food product involved.’’.

3 SEC. 103. STANDARDS OF ANIMAL CLEANLINESS.

4 (a) STANDARDS.—Section 8 of the Federal Meat In5 spection Act (21 U.S.C. 608) is amended—

6 (1) by striking ‘‘SEC. 8.’’ and inserting the fol7 lowing:

8 ‘‘SEC. 8. SANITATION AND ANIMAL CLEANLINESS AT IN9 SPECTED ESTABLISHMENTS.

10 ‘‘(a) SANITARY INSPECTION AND REGULATION OF

11 ESTABLISHMENTS.—’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) STANDARDS OF CLEANLINESS FOR ANIMALS.—

15 (1) The Secretary shall prescribe by rule for slaughtering,

16 meat-canning, salting, packing, rendering, or similar es17 tablishments certain standards of cleanliness—

18 ‘‘(A) for cattle, sheep, swine, goats, horses,

19 mules, and other equines, which shall apply between

20 the time they are first allowed to enter the establish21 ment under section 3(a) and the time they are

22 slaughtered; and

23 ‘‘(B) for the carcasses and parts of carcasses of

24 cattle, sheep, swine, goats, horses, mules, and other

25 equines after slaughter during the preparation of
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1 such carcasses and parts of carcasses as meat or

2 meat food products for commerce.

3 ‘‘(2) The Secretary shall cause to be made, by experts

4 in sanitation or by other competent inspectors, such in5 spection of these establishments as may be necessary to

6 determine—

7 ‘‘(A) the sanitary condition of cattle, sheep,

8 swine, goats, horses, mules, and other equines pend9 ing their slaughter;

10 ‘‘(B) the sanitary condition of carcasses and

11 parts of carcasses during the preparation of such

12 carcasses and parts of carcasses as meat or meat

13 food products for commerce; and

14 ‘‘(C) whether a violation of the standards of

15 cleanliness established under paragraph (1) exists.

16 ‘‘(3) If the sanitary condition of cattle, sheep, swine,

17 goats, horses, mules, and other equines or the sanitary

18 condition of carcasses and parts of carcasses at such an

19 establishment are such that the Secretary determines that

20 a violation of the standards of cleanliness exists and the

21 meat or meat food products prepared at the establishment

22 are rendered adulterated, the Secretary shall refuse to

23 allow the meat or meat food products to be labeled,

24 marked, stamped, or tagged as ‘inspected and passed’.’’.
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1 (b) EFFECT OF NONCOMPLIANCE.—Section 1(m) of

2 such Act (21 U.S.C. 601(m)) is amended—

3 (1) in paragraph (4), by inserting ‘‘or in viola4 tion of the standards of cleanliness established under

5 section 8(b),’’ after ‘‘insanitary conditions’’; and

6 (2) in paragraph (5), by striking ‘‘the product

7 of an animal which has died otherwise than by

8 slaughter;’’ and inserting the following: ‘‘the product

9 of—

10 ‘‘(A) an animal that has been held by a

11 slaughtering, meat-canning, salting, packing,

12 rendering, or similar establishment in violation

13 of the standards of cleanliness established

14 under section 8(b); or

15 ‘‘(B) an animal that has died otherwise

16 than by slaughter;’’.

17 SEC. 104. DOMESTIC INSPECTION FOR PATHOGEN CON18 TAMINATION.

19 The Federal Meat Inspection Act is amended by in20 serting after section 6 (21 U.S.C. 606) the following new

21 section:
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1 ‘‘SEC. 6A. MICROBIAL TESTING OF CARCASSES, PARTS OF

2 CARCASSES, MEAT, AND MEAT FOOD PROD3 UCTS TO DETERMINE PATHOGEN LEVELS.

4 ‘‘(a) MICROBIAL TESTING REQUIRED.—The Sec5 retary shall initiate an inspection program of microbial

6 testing of a statistically significant sample of carcasses

7 and parts of carcasses of cattle, sheep, swine, goats,

8 horses, mules, and other equines slaughtered at any

9 slaughtering, meat-canning, salting, packing, rendering, or

10 similar establishment in the United States and of meat

11 and meat food products prepared for commerce in any

12 such establishment to determine the presence of pathogens

13 and to detect levels of pathogens exceeding those levels

14 established under subsection (c).

15 ‘‘(b) VIOLATION OF PATHOGEN LEVELS.—Any car16 cass, part of a carcass, meat, or meat food product found

17 by microbial testing to be adulterated under section

18 1(m)(10) shall be marked, stamped, tagged, or labeled as

19 ‘Inspected and condemned’. Such a condemned item shall

20 be destroyed for human food purposes, and the Secretary

21 may suspend inspection at, and remove inspectors from,

22 any establishment that fails to condemn adulterated items

23 or fails to destroy condemned items.

24 ‘‘(c) ESTABLISHMENT OF PATHOGEN LEVELS.—The

25 Secretary shall issue rules establishing allowable levels of

26 pathogens for purposes of determining whether a carcass,
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1 part of a carcass, meat, or meat food product of cattle,

2 sheep, swine, goats, horses, mules, or other equines is

3 adulterated under section 1(m)(10). For the purpose of

4 establishing such levels, the Secretary shall collect and

5 evaluate scientific information on the presence and quan6 tities of pathogens occurring—

7 ‘‘(1) in live animals, including different species

8 and classes of animals, such as dairy cattle and dis9 eased animals to be slaughtered separately under

10 section 3(a);

11 ‘‘(2) in carcasses condemned under section 4;

12 and

13 ‘‘(3) in raw meat and meat food products.

14 ‘‘(d) IDENTIFICATION OF PATHOGENS.—The Sec15 retary of Agriculture shall identify those bacteria and

16 other organisms which cannot normally be detected by vis17 ual inspection and which, when present on or in carcasses,

18 parts of carcasses, meat, or meat food products of cattle,

19 sheep, swine, goats, horses, mules, and other equines, can

20 cause food poisoning or infection if consumed without

21 proper handling and cooking.

22 ‘‘(e) INVESTIGATION OF DETECTION METHODS.—To

23 effectively carry out the inspection program required

24 under subsection (a), the Secretary shall periodically in25 vestigate existing and potentially available methods of de-
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1 tecting pathogens on or in carcasses, parts of carcasses,

2 meat, or meat food products of cattle, sheep, swine, goats,

3 horses, mules, and other equines.

4 ‘‘(f) IDENTIFICATION OF CONTAMINATION RISKS.—

5 The Secretary shall identify those steps in the process by

6 which meat and meat food products are prepared for com7 merce which represent substantial risk of contamination

8 by pathogens.’’.

9 SEC. 105. INSPECTION OF IMPORTED MEAT ARTICLES FOR

10 PATHOGEN CONTAMINATION.

11 Section 20(f) of the Federal Meat Inspection Act (21

12 U.S.C. 620(f)) is amended by inserting after the first sen13 tence the following new sentence: ‘‘The inspection stand14 ards referred to in the preceding sentence shall include

15 the participation of such meat articles in the program of

16 microbial testing required by section 6A and compliance

17 by such meat articles with the levels of pathogens estab18 lished under such section.’’.

19 SEC. 106. PATHOGENS WARNING AND HANDLING AND

20 COOKING INSTRUCTIONS FOR RAW MEAT

21 AND MEAT PRODUCTS.

22 (a) LABELING REQUIRED.—The Federal Meat In23 spection Act is amended by inserting after section 7 (21

24 U.S.C. 607) the following new section:
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1 ‘‘SEC. 7A. PATHOGENS WARNING AND HANDLING AND

2 COOKING INSTRUCTIONS FOR RAW MEAT

3 AND MEAT PRODUCTS.

4 ‘‘(a) LABELING REQUIRED.—All raw meat and raw

5 meat food products that are intended to be sold at retail

6 stores or cooked at restaurants or other food-service estab7 lishments shall include accompanying labeling that con8 tains—

9 ‘‘(1) an adequate explanation to the purchaser

10 that the raw meat or raw meat food product may

11 contain pathogens capable of causing food poisoning

12 or infection, which will multiply unless the product

13 is properly handled and cooked; and

14 ‘‘(2) handling and cooking instructions designed

15 to minimize the risk of food poisoning or infection.

16 ‘‘(b) DESIGN AND CONTENT OF LABELING.—The

17 Secretary shall prescribe by rule the design and content

18 of the labeling required by subsection (a) and the slaugh19 tering, meat-canning, salting, packing, rendering, or simi20 lar establishments, including retail stores, to be subject

21 to the labeling requirements.’’.

22 (b) MISBRANDED MEAT AND MEAT FOOD PROD23 UCTS.—Section 1(n) of such Act (21 U.S.C. 601(n)) is

24 amended—

25 (1) by striking ‘‘or’’ at the end of paragraph

26 (11);
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1 (2) by redesignating paragraph (12) as para2 graph (13); and

3 (3) by inserting after paragraph (11) the fol4 lowing new paragraph:

5 ‘‘(12) if it is a raw meat or meat food product

6 that fails to comply with the labeling requirements

7 established under section 6A; or’’.

8 SEC. 107. RECORDKEEPING.

9 Section 202 of the Federal Meat Inspection Act (21

10 U.S.C. 642) is amended—

11 (1) by redesignating subsection (b) as sub12 section (c); and

13 (2) by inserting after subsection (a) the follow14 ing new subsection:

15 ‘‘(b) TRACING OF ADULTERATED MEAT.—Among the

16 records required to be kept under subsection (a), the Sec17 retary shall require the persons, firms, and corporations

18 referred to in such subsection to maintain records and

19 other means of animal identification adequate to permit

20 tracing back to the source of contamination any carcass,

21 part of a carcass, meat, or meat food product found to

22 be adulterated under section 1(m)(10).’’.
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1 TITLE II—AMENDMENTS TO

2 POULTRY PRODUCTS INSPEC3 TION ACT

4 SEC. 201. DEFINITION OF PATHOGENS.

5 Section 4 of the Poultry Products Inspection Act (21

6 U.S.C. 453) is amended by adding at the end the following

7 new definition:

8 ‘‘(cc) The term ‘pathogens’ means bacteria and other

9 microbial organisms which, if present on or in a poultry

10 product, may cause food poisoning or infection if

11 consumed without proper handling and cooking.’’.

12 SEC. 202. ADULTERATED POULTRY TO INCLUDE CONTAMI13 NATION WITH PATHOGENS.

14 (a) Section 4(g) of the Poultry Products Inspection

15 Act (21 U.S.C. 453(g)) is amended—

16 (1) by striking ‘‘or’’ at the end of paragraph

17 (7);

18 (2) by striking the period at the end of para19 graph (8) and inserting ‘‘; or’’; and

20 (3) by adding at the end the following new

21 paragraph:

22 ‘‘(9) if it contains a level of pathogens in excess

23 of the level of pathogens established by the Sec24 retary by rule for the particular type of poultry

25 product involved.’’.
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1 SEC. 203. STANDARDS OF POULTRY CLEANLINESS.

2 (a) STANDARDS.—Section 7 of the Poultry Products

3 Inspection Act (21 U.S.C. 456) is amended—

4 (1) in subsection (a), by inserting ‘‘SANITARY

5 INSPECTION AND REGULATION OF ESTABLISH6 MENTS.—’’ after ‘‘(a)’’;

7 (2) in subsection (b), by striking ‘‘(b)’’ and in8 serting ‘‘(c) REFUSAL TO INSPECT.—’’; and

9 (3) by inserting after subsection (a) the follow10 ing new subsection:

11 ‘‘(b) STANDARDS OF CLEANLINESS FOR POULTRY.—

12 (1) The Secretary shall prescribe by rule for official estab13 lishments slaughtering poultry or processing poultry prod14 ucts for commerce or otherwise subject to inspection under

15 this Act certain standards of cleanliness—

16 ‘‘(A) for poultry, which shall apply between the

17 time the poultry first enter the establishment and

18 the time the poultry are slaughtered; and

19 ‘‘(B) for poultry products during processing.

20 ‘‘(2) The Secretary shall cause to be made, by experts

21 in sanitation or by other competent inspectors, such in22 spection of these establishments as may be necessary to

23 determine—

24 ‘‘(A) the sanitary condition of poultry pending

25 their slaughter;
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1 ‘‘(B) the sanitary condition of poultry products

2 during processing; and

3 ‘‘(C) whether a violation of the standards of

4 cleanliness established under paragraph (1) exists.

5 ‘‘(3) If the sanitary condition of poultry or poultry

6 products at such an establishment are such that the Sec7 retary determines that a violation of the standards of

8 cleanliness exists and the poultry products prepared at the

9 establishment are rendered adulterated, the Secretary

10 shall condemn the poultry products in the manner pro11 vided in section 6(c).’’.

12 (b) EFFECT OF NONCOMPLIANCE.—Section 4(g) of

13 such Act (21 U.S.C. 453(g)) is amended—

14 (1) in paragraph (4), by inserting ‘‘or in viola15 tion of the standards of cleanliness established under

16 section 7(b),’’ after ‘‘insanitary conditions’’; and

17 (2) in paragraph (5), by striking ‘‘the product

18 of any poultry which has died otherwise than by

19 slaughter;’’ and inserting the following: ‘‘the product

20 of—

21 ‘‘(A) any poultry that has been held by an

22 official establishment slaughtering poultry or

23 processing poultry products for commerce (or

24 an establishment otherwise subject to inspection
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1 under this Act) in violation of the standards of

2 cleanliness established under section 7(b); or

3 ‘‘(B) any poultry that has died otherwise

4 than by slaughter;’’.

5 SEC. 204. DOMESTIC INSPECTION FOR PATHOGEN CON6 TAMINATION.

7 The Poultry Products Inspection Act is amended by

8 inserting after section 6 (21 U.S.C. 455) the following new

9 section:

10 ‘‘SEC. 6A. MICROBIAL TESTING OF POULTRY PRODUCTS TO

11 DETERMINE PATHOGEN LEVELS.

12 ‘‘(a) MICROBIAL TESTING REQUIRED.—The Sec13 retary shall initiate an inspection program of testing of

14 a statistically significant sample of poultry products at of15 ficial establishments slaughtering poultry or processing

16 poultry products for commerce or otherwise subject to in17 spection under this Act to determine the presence of

18 pathogens in such products and to detect levels of patho19 gens exceeding those levels established under subsection

20 (c).

21 ‘‘(b) VIOLATION OF PATHOGEN LEVELS.—Any poul22 try product found by microbial testing to be adulterated

23 under section 1(g)(9) shall be marked, stamped, tagged,

24 or labeled as ‘Inspected and condemned’. A condemned

25 poultry product shall be destroyed for human food pur-
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1 poses, and the Secretary may suspend inspection at, and

2 remove inspectors from, any establishment that fails to

3 condemn adulterated poultry products or fails to destroy

4 condemned poultry products.

5 ‘‘(c) ESTABLISHMENT OF PATHOGEN LEVELS.—The

6 Secretary shall issue rules establishing allowable levels of

7 pathogens for purposes of determining whether poultry

8 products are adulterated under section 1(g)(9). For the

9 purpose of establishing such levels, the Secretary shall col10 lect and evaluate scientific information on the presence

11 and quantities of pathogens occurring—

12 ‘‘(1) in live poultry;

13 ‘‘(2) in poultry carcasses, parts of poultry prod14 ucts, and other poultry products condemned under

15 section 6(c); and

16 ‘‘(3) in raw poultry and poultry products.

17 ‘‘(d) IDENTIFICATION OF PATHOGENS.—The Sec18 retary of Agriculture shall identify those bacteria and

19 other organisms which cannot normally be detected by vis20 ual inspection and which, when present on or in poultry

21 products, can cause food poisoning or infection if

22 consumed without proper handling and cooking.

23 ‘‘(e) INVESTIGATION OF DETECTION METHODS.—To

24 effectively carry out the inspection program required

25 under subsection (a), the Secretary shall periodically in-
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1 vestigate existing and potentially available methods of de2 tecting pathogens on or in poultry products.

3 ‘‘(f) IDENTIFICATION OF CONTAMINATION RISKS.—

4 The Secretary shall identify those steps in the processing

5 of poultry products which represent substantial risk of

6 contamination by pathogens.’’.

7 SEC. 205. INSPECTION OF IMPORTED POULTRY FOR

8 PATHOGEN CONTAMINATION.

9 Section 17(a) of the Poultry Products Inspection Act

10 (21 U.S.C. 466(a)) is amended by inserting after the first

11 sentence the following new sentence: ‘‘The standards re12 ferred to in the preceding sentence shall include the par13 ticipation of imported poultry and poultry products in the

14 program of microbial testing required by section 6A and

15 compliance by such poultry and poultry products with the

16 levels of pathogens established by the Secretary under

17 such section.’’.

18 SEC. 206. PATHOGENS WARNING AND HANDLING AND

19 COOKING INSTRUCTIONS FOR RAW POULTRY

20 PRODUCTS.

21 (a) LABELING REQUIRED.—The Poultry Products

22 Inspection Act is amended by inserting after section 8 (21

23 U.S.C. 457) the following new section:
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1 ‘‘SEC. 8A. PATHOGENS WARNING AND HANDLING AND

2 COOKING INSTRUCTIONS FOR RAW POULTRY

3 PRODUCTS.

4 ‘‘(a) LABELING REQUIRED.—All raw poultry prod5 ucts that are intended to be sold at retail stores or cooked

6 at restaurants or other food-service establishments shall

7 include accompanying labeling that contains—

8 ‘‘(1) an adequate explanation to the purchaser

9 that the raw poultry product may contain pathogens

10 capable of causing food poisoning or infection, which

11 will multiply unless the product is properly handled

12 and cooked; and

13 ‘‘(2) handling and cooking instructions designed

14 to minimize the risk of food poisoning or infection.

15 ‘‘(b) DESIGN AND CONTENT OF LABELING.—The

16 Secretary shall prescribe by rule the design and content

17 of the labeling required by subsection (a) and the estab18 lishments slaughtering poultry or processing poultry prod19 ucts for commerce, including retail stores, to be subject

20 to the labeling requirements.’’.

21 (b) MISBRANDED POULTRY PRODUCTS.—Section

22 4(h) of such Act (21 U.S.C. 453(h)) is amended—

23 (1) by striking ‘‘or’’ at the end of paragraph

24 (11);

25 (2) by redesignating paragraph (12) as para26 graph (13); and
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1 (3) by inserting after paragraph (11) the fol2 lowing new paragraph:

3 ‘‘(12) if it is a raw poultry product that fails

4 to comply with the labeling requirements established

5 under section 8A; or’’.

6 SEC. 207. RECORDKEEPING.

7 Section 11 of the Poultry Products Inspection Act

8 (21 U.S.C. 460) is amended by adding at the end the

9 following new subsection:

10 ‘‘(f) TRACING OF ADULTERATED POULTRY.—Among

11 the records required to be kept under subsection (b), the

12 Secretary shall require the persons, firms, and corpora13 tions referred to in such subsection to maintain records

14 and other means of poultry identification adequate to per15 mit tracing back to the source of contamination any poul16 try product found to be adulterated under section

17 1(g)(9).’’.

18 TITLE III—MISCELLANEOUS

19 PROVISIONS

20 SEC. 301. RESEARCH PROGRAM TO PREVENT CONTAMINA21 TION OF MEAT AND POULTRY BY PATHO22 GENS.

23 (a) RESEARCH PROGRAM.—The Secretary of Agri24 culture shall engage in research—
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1 (1) to determine the causes of animal infection

2 by pathogens, including asymptomatic infection;

3 (2) to determine the modes of transmission of

4 pathogen infection;

5 (3) to determine the relative risks to human

6 health of different pathogens and different levels of

7 such pathogens in meat or meat food products or

8 poultry products;

9 (4) to develop means to reduce the incidence of

10 pathogen infection, including—

11 (A) the use of animal vaccinations; and

12 (B) changes in the methods of raising live13 stock and poultry that can reduce the risk of

14 such infection;

15 (5) to develop methods of treating livestock or

16 poultry infected by pathogens to eliminate or control

17 the infection;

18 (6) to develop rapid and accurate means of test19 ing live animals and meat and poultry products for

20 infection by pathogens; and

21 (7) to develop methods by which animals can be

22 identified while proceeding through the slaughtering

23 process and the process of preparation as meat and

24 meat food products or poultry products so that any
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1 pathogen infection discovered can be traced to its

2 source.

3 (b) DEFINITION OF PATHOGENS.—For purposes of

4 this section, the term ‘‘pathogens’’ means bacteria and

5 other microbial organisms which, if present on or in a

6 meat or poultry product, may cause food poisoning or in7 fection if consumed without proper handling and cooking.

8 SEC. 302. ANIMAL IDENTIFICATION PROGRAM TO TRACE

9 PATHOGEN CONTAMINATION.

10 (a) PURPOSE OF PROGRAM.—The Secretary of Agri11 culture shall carry out a program to develop means of ani12 mal identification designed to identify as accurately as

13 possible the animal or group of animals that is the source

14 of—

15 (1) adulteration under section 1(m)(10) of the

16 Federal Meat Inspection Act (21 U.S.C.

17 601(m)(10)) or section 4(g)(9) of the Poultry Prod18 ucts Inspection Act (21 U.S.C. 453(g)(9)); or

19 (2) any food-borne illness identified by a Fed20 eral, State, or local public health agency.

21 (b) USE OF IDENTIFICATION METHODS.—The Sec22 retary of Agriculture may require the use of animal identi23 fication methods developed under subsection (a) at farms,

24 feedlots, and other establishments where livestock or poul25 try are raised, slaughtered, or prepared for commerce.
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1 (c) INSPECTIONS.—Upon notice by a duly authorized

2 representative of the Secretary of Agriculture, any person,

3 firm, or other entity subject to subsection (b) shall afford

4 the representative—

5 (1) access at all reasonable times to their places

6 of business in order to trace a pathogen contamina7 tion or to verify the use of required methods of ani8 mal identification; and

9 (2) the opportunity to examine the facilities, in10 ventory, and records of their places of business, to

11 copy such records, and to take reasonable samples of

12 their inventory upon payment of the fair market

13 value as part of such access.

14 SEC. 303. ADVISORY COUNCIL ON MEAT AND POULTRY

15 PATHOGEN CONTROL.

16 (a) ESTABLISHMENT REQUIRED.—The Secretary of

17 Agriculture shall establish an advisory council to advise

18 the Secretary with respect to actions required under the

19 amendments made by this Act and sections 301 and 302.

20 (b) MEMBERSHIP.—Members of the advisory council

21 shall be appointed by the Secretary of Agriculture. The

22 advisory council shall include representatives of the follow23 ing:

24 (1) The Centers for Disease Control and Pre25 vention.
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1 (2) The Association of State and Territorial

2 Public Health Officers.

3 (3) The National Academy of Sciences.

4 (4) The Food and Drug Administration.

5 (5) Nonprofit organizations representing con6 sumers concerned about food safety.

7 (6) Nonprofit organizations representing pro8 ducers of meat and poultry subject to inspection

9 under the Federal Meat Inspection Act or the Poul10 try Products Inspection Act.

11 (c) ANNUAL REPORT.—Not later than January 1 of

12 each year, the advisory council shall submit a report to

13 the Secretary of Agriculture and the Congress—

14 (1) describing the activities of the advisory

15 council during the preceding fiscal year;

16 (2) evaluating the success of efforts to prevent

17 and control pathogen infections in livestock and

18 poultry, meat and meat food products, and poultry

19 products; and

20 (3) containing such recommendations as the ad21 visory council considers to be appropriate.

22 (d) TIME FOR ESTABLISHMENT.—The members of

23 the advisory council shall be first appointed not later than

24 90 days after the date of the enactment of this Act.
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1 SEC. 304. ANNUAL REPORTS.

2 (a) MEAT.—Section 17 of the Wholesome Meat Act

3 (21 U.S.C. 691) is amended—

4 (1) by striking ‘‘the Committee on Agriculture

5 and Forestry of the Senate’’ and inserting ‘‘the

6 Committee on Agriculture, Nutrition, and Forestry

7 of the Senate’’; and

8 (2) by adding at the end the following new sen9 tence: ‘‘The report shall include a description of the

10 actions undertaken by the Secretary during the pre11 ceding year to implement and improve the use of mi12 crobial testing to identify and control the contamina13 tion by pathogens of animals subject to this Act and

14 carcasses, parts of carcasses, meat, and meat food

15 products of such animals.’’.

16 (b) POULTRY.—Section 27 of the Poultry Products

17 Inspection Act (21 U.S.C. 470) is amended—

18 (1) by striking ‘‘the Committee on Agriculture

19 and Forestry of the Senate’’ and inserting ‘‘the

20 Committee on Agriculture, Nutrition, and Forestry

21 of the Senate’’; and

22 (2) by adding at the end the following new sen23 tence: ‘‘The report shall include a description of the

24 actions undertaken by the Secretary during the pre25 ceding year to implement and improve the use of mi-
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1 crobial testing to identify and control the contamina2 tion by pathogens of poultry products.’’.

3 SEC. 305. RECOUPMENT OF COSTS OF INSPECTION FOR

4 PATHOGEN CONTAMINATION AND OTHER AC5 TIVITIES UNDER THIS ACT.

6 (a) IMPOSITION OF FEES.—Notwithstanding the Act

7 of June 5, 1948 (62 Stat. 344; 21 U.S.C. 695), and sec8 tion 25 of the Poultry Products Inspection Act (21 U.S.C.

9 468), the Secretary of Agriculture shall develop a struc10 ture of fees to be imposed each fiscal year on persons and

11 establishments (including importers) subject to inspection

12 under the Federal Meat Inspection Act (21 U.S.C. 601

13 et seq.) or the Poultry Products Inspection Act (21 U.S.C.

14 451 et seq.) in order to collect an amount equal to the

15 total amount of appropriations made available to the Sec16 retary under the Federal Meat Inspection Act or the Poul17 try Products Inspection Act for that fiscal year—

18 (1) to carry out the microbial testing, labeling,

19 and other activities required by the amendments

20 made by this Act;

21 (2) to carry out the research and identification

22 programs authorized by sections 301 and 302; and

23 (3) to operate the advisory council established

24 under section 303.
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1 (b) DEPOSIT OF FEES.—Fees collected by the Sec2 retary under subsection (a) shall be deposited in the gen3 eral fund of the Treasury.

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