‘‘(A) ACTION PENDING APPEAL.—If an ap-
peal is made to a determination of condemna-
tion, the poultry or poultry product shall be ap-
propriately marked, segregated, and held by the
official establishment pending completion of an
appeal inspection.
‘‘(B) CONDEMNATION SUSTAINED.—If the
determination of condemnation is sustained, the
poultry or poultry product if not reprocessed or
labeled, or both, under paragraph (2) so as to
be made not adulterated, shall be destroyed for
human food purposes under the supervision of
a duly authorized representative of the Sec-
retary.
‘‘(c) HUMAN PATHOGENS
AND OTHER HARMFUL
SUBSTANCES.—Not later than one year after the date of
enactment of this section, the Secretary shall issue regula-
tions that—
‘‘(1) require poultry and poultry products in an
official establishment to be tested, in such manner
and with such frequency as the Secretary considers
necessary, to identify human pathogens, or markers
for the pathogens, and other potentially harmful
substances in the poultry and poultry products;
‘‘(2) require that the results of any test con-
ducted in accordance with paragraph (1) be reported
to the Secretary, in such manner and with such fre-
quency as the Secretary considers necessary;
‘‘(3)(A) establish interim limits for human
pathogens and other potentially harmful substances
that, when found on poultry or poultry products,
may present a threat to public health; and
‘‘(B) in carrying out subparagraph (A)—
‘‘(i) establish interim limits that are below
the industry mean as determined by the Sec-
retary for the pathogen or other potentially
harmful substance established through national
baseline studies; and
‘‘(ii) reestablish the interim limits every
two years until the regulatory limits referred to
in subsection (d)(2), tolerances, or other stand-
ards are established under this Act or other ap-
plicable law; and
‘‘(4) prohibit or restrict the sale, transpor-
tation, offer for sale or transportation, or receipt for
transportation of any poultry or poultry products
that—
‘‘(A) are capable of use as human food;
and
‘‘(B) exceed the regulatory limits, interim
limits, tolerances, or other standards estab-
lished under this Act or other applicable law for
human pathogens or other potentially harmful
substances.
‘‘(d) RESEARCH AND REGULATORY LIMITS.—
‘‘(1) RESEARCH ON FOOD SAFETY.—The Sec-
retary, acting through the Under Secretary of Agri-
culture for Food Safety, shall conduct or support ap-
propriate research on food safety, including—
‘‘(A) developing and reevaluating appro-
priate limits for human pathogens or other po-
tentially harmful substances that when found
on poultry and poultry products prepared in of-
ficial establishments may present a threat to
public health;
‘‘(B) developing efficient, rapid, and sen-
sitive methods for determining and detecting
the presence of microbial contamination, chemi-
cal residues, and animal diseases that have an
adverse impact on human health;
‘‘(C) conducting baseline studies on the
prevalence of human pathogens or other poten-
tially harmful substances in processing facili-
ties; and
‘‘(D) conducting risk assessments to deter-
mine the human pathogens and other poten-
tially harmful substances that pose the greatest
risk to human health.
‘‘(2) REGULATORY LIMITS FOR HUMAN PATHO-
GENS AND OTHER HARMFUL SUBSTANCES.—
‘‘(A) IN
GENERAL.—Not later than one
year after the date of enactment of this section,
the Secretary of Health and Human Services
shall establish regulatory limits, to the maxi-
mum extent scientifically supportable, for
human pathogens and other potentially harmful
substances, including heavy metals, that, when
found as a component of poultry or poultry
products prepared in official establishments,
may present a threat to public health.
‘‘(B) RISK TO HUMAN HEALTH.—In estab-
lishing the regulatory limits, the Secretary of
Health and Human Services shall consider the
risk to human health, including the risk to chil-
dren, the elderly, individuals whose immune
systems are compromised, and other population
subgroups, posed by consumption of the poultry
or poultry products containing the human
pathogen or other potentially harmful sub-
stance.
‘‘(C) FUNDING.—The Secretary of Agri-
culture shall annually transfer to the Secretary
of Health and Human Services an amount, to
be determined by the Secretaries, to defray the
cost of establishing the regulatory limits.
‘‘(e) SURVEILLANCE AND SAMPLING SYSTEMS.—
‘‘(1) SURVEILLANCE SYSTEM.—In conjunction
with the Director of the Centers for Disease Control
and Prevention and the Commissioner of Food and
Drugs, the Secretary shall develop and administer
an active surveillance system for foodborne illness,
that is based on a representative sample of the pop-
ulation of the United States, to assess more accu-
rately the frequency and sources of human disease
in the United States associated with the consump-
tion of food products.
‘‘(2) SAMPLING SYSTEM.—
‘‘(A) IN
GENERAL.—Not later than two
years after the date of enactment of this sec-
tion, the Secretary shall establish a sampling
system, using data collected under subsection
(c)(2) and other sources, to analyze the nature,
frequency of occurrence, and quantities of
human pathogens and other potentially harmful
substances in poultry and poultry products.
‘‘(B) INFORMATION.—The sampling sys-
tem shall provide—
‘‘(i) statistically valid monitoring, in-
cluding market basket studies, on the na-
ture, frequency of occurrence, and quantity
of human pathogens and other potentially
harmful substances in poultry and poultry
products available to consumers; and
‘‘(ii) such other information as the
Secretary determines may be useful in as-
sessing the occurrence of human pathogens
and other potentially harmful substances
in poultry and poultry products.
‘‘(C) NONCOMPLIANCE.—If a sample is
found to exceed regulatory limits, interim lim-
its, tolerances, or standards established under
this Act or other applicable law, the Secretary
shall take action to prevent violative products
from entering commerce or to remove the viola-
tive products from the market.
‘‘(f) REVIEW AND CONSULTATION.—
‘‘(1) REVIEW.—The Secretary shall review, at
least every two years, all regulations, processes, pro-