I 
118TH CONGRESS 
1ST SESSION H. R. 4110 
To provide the Food and Drug Administration with authority to conduct 
microbial sampling on concentrated animal feeding operations as nec-
essary to facilitate a foodborne illness outbreak investigation, determine 
the root cause of an outbreak of foodborne illness, or address other 
public health needs. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2023 
Ms. DELAURO (for herself, Ms. BARRAGA´N, and Ms. NORTON) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To provide the Food and Drug Administration with authority 
to conduct microbial sampling on concentrated animal 
feeding operations as necessary to facilitate a foodborne 
illness outbreak investigation, determine the root cause 
of an outbreak of foodborne illness, or address other 
public health needs. 
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 ‘‘Expanded Food Safety 
Investigation Act of 2023’’. 
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SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL 
FEEDING OPERATIONS. 
(a) IN GENERAL.—Chapter IV of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 424. MICROBIAL SAMPLING ON CONCENTRATED ANI-
MAL FEEDING OPERATIONS. 
‘‘(a) IN GENERAL.—The Secretary may request ac-
cess to a concentrated animal feeding operation in order 
to conduct microbial sampling, if the Secretary determines 
that such microbial sampling is necessary in order to fa-
cilitate a foodborne illness outbreak investigation, deter-
mine the root cause of an outbreak of foodborne illness, 
or address other public health needs. 
‘‘(b) GRANTING OF REASONABLE ACCESS.—A con-
centrated animal feeding operation that receives a request 
for access under paragraph (a) shall provide reasonable 
access to the Secretary to conduct such microbial sam-
pling, including sampling of plants, animals, water, and 
the environment, as the Secretary determines appropriate 
to address the public health need. Such operation may 
place reasonable conditions on access to the operation, in-
cluding by specifying a time, place, and manner for sam-
pling, provided that any such conditions do not prevent 
the Secretary from conducting appropriate sampling with-
in a reasonable period of time. 
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‘‘(c) AUTHORITY OVER FOODS REGULATED BY THE 
SECRETARY OF AGRICULTURE.—Nothing in this section 
shall be construed to impose additional requirements by 
the Secretary, beyond microbial sampling, with respect to 
food that is within the jurisdiction of the Secretary of Ag-
riculture pursuant to the Federal Meat Inspection Act, the 
Poultry Products Inspection Act, or the Egg Products In-
spection Act. 
‘‘(d) COORDINATION WITH OTHER PUBLIC HEALTH 
AGENCIES.—The Secretary shall ensure that data col-
lected under this section are made available to the Sec-
retary of Agriculture and relevant State and Federal pub-
lic health agencies in order to facilitate work in detecting, 
investigating, or preventing foodborne illness. Nothing in 
this section shall be construed to limit the rights and ex-
emptions otherwise available under section 552 of title 5, 
United States Code. 
‘‘(e) DEFINITION.—In this section, the term ‘con-
centrated animal feeding operation’ has the meaning given 
such term in section 122.23(b) of title 40, Code of Federal 
Regulations (or any successor regulations).’’. 
(b) ENFORCEMENT.—Section 301 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following: 
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‘‘(fff) The refusal to provide reasonable access for mi-
crobial sampling in accordance with section 424.’’. 
Æ 
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