I
105TH CONGRESS
1ST SESSION
H. R. 2801
To consolidate in a single independent agency in the executive branch the
responsibilities regarding food safety, labeling, and inspection currently
divided among several Federal agencies.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 4, 1997
Mr. FAZIO of California (for himself, Ms. KAPTUR, Mr. SERRANO, Ms.
DELAURO, Mr. PALLONE, and Mrs. LOWEY) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To consolidate in a single independent agency in the execu-
tive branch the responsibilities regarding food safety,
labeling, and inspection currently divided among several
Federal agencies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Food Act of
1997’’.
SEC. 2. PURPOSES.
It is the purpose of this Act—
(1) to establish a single agency, the Food Safe-
ty Administration, to regulate food safety and label-
ing and to conduct food safety inspections to ensure,
with reasonable certainty, that no harm will result
from the consumption of food by preventing food-
borne illnesses due to microbial, natural, or chemical
hazards in food; and
(2) to transfer to the Food Safety Administra-
tion the food safety, labeling, and inspection func-
tions currently performed by other Federal agencies.
SEC. 3. DEFINITIONS.
For purposes of this title:
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Food Safety Administration estab-
lished under section 4.
(2) FOOD SAFETY LAWS.—The term ‘‘food safe-
ty laws’’ means—
(A) the Federal Meat Inspection Act (21
U.S.C. 601 et seq.);
(B) the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.);
(C) the Egg Products Inspection Act (21
U.S.C. 1031 et seq.);
(D) the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.), with regard to
food safety, labeling, and inspection under that
Act;
(E) the food safety responsibilities under
the 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act (7 U.S.C. 136 et seq.);
(F) such other laws and portions of laws
regarding food safety, labeling, and inspection
that the President considers appropriate to con-
solidate under the administration of the Admin-
istration.
SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY
ADMINISTRATION.
(a) ESTABLISHMENT OF ADMINISTRATION.—There is
established in the executive branch an agency to be known
as the ‘‘Food Safety Administration’’. The Administration
shall be an independent establishment, as defined in sec-
tion 104 of title 5, United States Code.
(b) RESPONSIBILITIES
OF ADMINISTRATION.—The
Administration shall be responsible for the administration
and enforcement of the food safety laws.
SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND
INSPECTION SERVICES AND AGENCIES.
(a) TERMINATION.—As soon as possible after the ef-
fective date of this Act, the President shall terminate the
Federal agencies specified in subsection (b) to the extent
that the activities of such agencies relate to the adminis-
tration or enforcement of the food safety laws.
(b) COVERED AGENCIES.—The Federal agencies re-
ferred to in subsection (a) are the following:
(1) The Food Safety and Inspection Service of
the Department of Agriculture.
(2) The Center for Food Safety and Applied
Nutrition of the Food and Drug Administration.
(3) The Center for Veterinary Medicine of the
Food and Drug Administration.
(4) The National Marine Fisheries Service of
the National Oceanic and Atmospheric Administra-
tion of the Department of Commerce.
(5) The Office of Pesticide Programs under the
Assistant Administrator of the Environmental Pro-
tection Agency for Prevention, Pesticides, and Toxic
Substances.
(6) Such other offices, services, or agencies as
the President may designate to further the purposes
of this Act.
(c) TRANSFER OF ASSETS AND FUNDS.—Consistent
with section 1531 of title 31, United States Code, the per-
sonnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations, al-
locations, and other funds of a Federal agency terminated
in whole or in part under subsection (a) that are used in
connection with the administration or enforcement of the
food safety laws shall be transferred to the Administration
upon the termination of the Federal agency. Unexpended
funds transferred pursuant to this subsection shall be used
by the Administration only for the purposes for which the
funds were originally authorized and appropriated.
(d) REFERENCES.—After the termination of a Fed-
eral agency under subsection (a), any reference in any
other Federal law, Executive order, rule, regulation, docu-
ment, or other material to that Federal agency or the head
of that agency in connection with the administration or
enforcement of the food safety laws shall be deemed to
be a reference to the Administration.
(e) SAVINGS PROVISIONS.—The termination of a
Federal agency under subsection (a) shall not affect—
(1) an order, determination, rule, regulation,
permit, agreement, grant, contract, certificate, li-
cense, registration, privilege, or other administrative
action issued, made, granted, or otherwise in effect
with respect to that agency before the termination
date regarding functions transferred to the Adminis-
tration under this Act;
(2) any suit commenced before the termination
of that agency, any other proceeding (including a
notice of proposed rulemaking), or any application
for any license, permit, certificate, or financial as-
sistance pending before that agency with respect to
functions transferred to the Administration under
this Act.
SEC. 6. LIMITATION ON AUTHORIZATION OF APPROPRIA-
TIONS.
For the first fiscal year beginning after the date of
the enactment of this Act, the amount authorized to be
appropriated to carry out this Act shall not exceed the
amount appropriated for fiscal year 1998 for the Federal
agencies to be terminated under section 5(a) to administer
the food safety laws.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the earlier of—
(1) the date that is 180 days after the date of
the enactment of this Act; and
(2) such date during that 180-day period as the
President may direct in an Executive order.
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