I 
110TH CONGRESS 
2D SESSION 
H. R. 5069 
To require manufacturers to demonstrate sufficient means to cover, for certain 
products distributed in commerce, costs of potential recalls, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2008 
Mr. VISCLOSKY (for himself, Mr. WILSON of Ohio, Mr. COHEN, Mr. MOL-
LOHAN, Ms. DELAURO, Mr. PASTOR, Ms. KAPTUR, Mr. MURTHA, and 
Mr. ALLEN) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To require manufacturers to demonstrate sufficient means 
to cover, for certain products distributed in commerce, 
costs of potential recalls, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Food and Product Responsibility Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Requirement that manufacturers demonstrate sufficient means to cover, 
for certain products, costs of potential recalls. 
Sec. 3. Notification, nondistribution, and recall of adulterated or misbranded 
meat and meat food products. 
Sec. 4. Notification, nondistribution, and recall of adulterated or misbranded 
poultry and poultry food products. 
Sec. 5. Notification, nondistribution, and recall of adulterated or misbranded 
eggs and egg products. 
Sec. 6. Notification, nondistribution, and recall of adulterated or misbranded 
foods. 
SEC. 
2. 
REQUIREMENT 
THAT 
MANUFACTURERS 
DEM-
ONSTRATE SUFFICIENT MEANS TO COVER, 
FOR CERTAIN PRODUCTS, COSTS OF POTEN-
TIAL RECALLS. 
(a) DEFINITIONS.—In this section: 
(1) COMMERCE.—The term ‘‘commerce’’ means 
trade, traffic, commerce, or transportation— 
(A) between a place in a State and any 
place outside thereof; or 
(B) which affects trade, traffic, commerce, 
or transportation described in subparagraph 
(A). 
(2) COVERED
PRODUCT.—The term ‘‘covered 
product’’ means any of the following: 
(A) Replacement equipment, as such term 
is used in section 30102 of title 49, United 
States Code. 
(B) Food, drugs, devices, and cosmetics as 
such terms are defined in section 201 of the 
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Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321). 
(C) A biological product as such term is 
defined in section 351(i) of the Public Health 
Service Act (42 U.S.C. 262(i)). 
(D) A consumer product, as such term is 
used in section 3(a) of the Consumer Product 
Safety Act (15 U.S.C. 2052). 
(E)(i) Meat or meat food product (within 
the meaning of the Federal Meat Inspection Act 
(21 U.S.C. 601 et seq.)). 
(ii) Poultry or poultry product (as defined 
in section 4 of the Poultry Products Inspection 
Act (21 U.S.C. 453)). 
(iii) Egg or egg product (as defined in sec-
tion 4 of the Egg Products Inspection Act (21 
U.S.C. 1033)). 
(3) DISTRIBUTE
IN
COMMERCE.—The term 
‘‘distribute in commerce’’ means to sell in commerce, 
to introduce or deliver for introduction into com-
merce, or to hold for sale or distribution after intro-
duction into commerce. 
(4) IMPORT.—The term ‘‘import’’ includes re-
importing a covered product manufactured or proc-
essed, in whole or in part, in the United States. 
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(5) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person who manufactures or im-
ports a covered product. A common carrier, contract 
carrier, or freight forwarder shall not, for purposes 
of this Act, be deemed to be a manufacturer of a 
covered product solely by reason of receiving or 
transporting a covered product in the ordinary 
course of its business as such a carrier or forwarder. 
(6) RECALL.—With respect to a covered prod-
uct, the term ‘‘recall’’ means the following: 
(A) In the case that the Secretary of 
Transportation makes a determination under 
section 30118(b)(1) of title 49, United States 
Code, that a covered product described in para-
graph (2)(A) contains a defect related to motor 
vehicle safety or does not comply with an appli-
cable motor vehicle safety standard prescribed 
under chapter 301 of such title, giving notifica-
tion under section 30119 of such title and rem-
edying such defect or noncompliance under sec-
tion 30120 of such title. 
(B) In the case of— 
(i) a device, as defined in section 201 
of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321), an order under sub-
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section (b)(1)(A) or (e) of section 518 of 
such Act (21 U.S.C. 360h (b)(1)(A), (e)); 
(ii) infant formula, as such term is 
defined in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321), 
a recall of infant formula begun by a man-
ufacturer of infant formula that is carried 
out in accordance with section 412(f) of 
such Act (21 U.S.C. 350a(f)); and 
(iii) any other covered product de-
scribed in paragraph (2)(B), a recall of the 
covered product by the manufacturer or 
distributor in response to an advisory or 
other alert issued by the Commissioner of 
Food and Drugs that advises consumers to 
avoid the covered product. 
(C) In the case of a biological product, as 
defined in section 351(i) of the Public Health 
Service Act (42 U.S.C. 262(i)), an order under 
section 351(d) of such Act (42 U.S.C. 262(d)). 
(D) In the case of a covered product de-
scribed in paragraph (2)(D), an action under 
subsection (c) and (d) of section 15 of the Con-
sumer Product Safety Act (15 U.S.C. 2064). 
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(E) In the case of a covered product de-
scribed in paragraph (2)(E), a recall of the cov-
ered product under— 
(i) the Federal Meat Inspection Act 
(21 U.S.C. 601 et seq.); 
(ii) the Poultry Products Inspection 
Act (21 U.S.C. 451 et seq.); or 
(iii) the Egg Products Inspection Act 
(21 U.S.C. 1031 et seq.). 
(b) FINANCIAL RESPONSIBILITY REQUIRED.— 
(1) IN GENERAL.—Beginning on the date that 
is 2 years after the date of the enactment of this 
Act, a manufacturer may not distribute in commerce 
a covered product unless the manufacturer holds a 
recall responsibility certificate described in para-
graph (2) for such covered product. 
(2) RECALL RESPONSIBILITY CERTIFICATE.—A 
recall responsibility certificate described in this para-
graph is a certification from the U.S. Customs and 
Border Protection that a manufacturer possess suffi-
cient means (through insurance or otherwise), for 
the 5-year period beginning on the date the manu-
facturer begins to distribute in commerce a covered 
product, to cover— 
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