USDA can also impose civil fines in a wide variety of situations. For example, USDA has the authority to fine people who mistreat animals, people who exchange food stamps for cash, and people who fail to keep appropriate records on watermelons. But, USDA does not have this authority for food safety. The Food Safety Enforcement Enhancement Act provides due process protections for industry, restricting USDA's ability to impose fines until after opportunity for a hearing before an independent administrative law judge. Someone that USDA fines could also appeal to the Federal courts.
Most plants are committed to producing the safest food possible.
Unfortunately, there are some bad actors who persistently violate food safety standards. The Food Safety Enforcement Enhancement Act would reinforce USDA's ability to protect consumers by taking strong action against these companies. But for those few who do not, who either willfully or repeatedly fail to meet the new standards, the Food Safety Enforcement Enhancement Act would reinforce USDA's ability to take effective action to protect American consumers. The Food Safety Enforcement Enhancement Act provides due process protections. Plant operators have the right to a full hearing before an independent administrative law judge and the right to seek judicial review of any USDA order refusing or withdrawing inspection.