I 
108TH CONGRESS 
1ST SESSION H. R. 1003
To expand the enforcement options under the Federal Meat Inspection Act 
and the Poultry Products Inspection Act to include the imposition of 
civil money penalties, and to amend the Federal Food, Drug, and Cos-
metic Act to expand enforcement options to include such penalties with 
respect to meat and poultry. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2003
Mrs. LOWEY (for herself, Mr. THOMPSON of Mississippi, Mr. BROWN of Ohio, 
Ms. DELAURO, and Mr. GEORGE MILLER of California) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committee on Energy and Commerce, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To expand the enforcement options under the Federal Meat 
Inspection Act and the Poultry Products Inspection Act 
to include the imposition of civil money penalties, and 
to amend the Federal Food, Drug, and Cosmetic Act 
to expand enforcement options to include such penalties 
with respect to meat and poultry.
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 ‘‘Meat and Poultry In-
spection Accountability Act’’. 
SEC. 2. CIVIL PENALTIES FOR VIOLATION OF MEAT AND 
POULTRY INSPECTION LAWS. 
(a) AUTHORITY TO ASSESS PENALTIES.—The Sec-
retary of Agriculture may assess, by written order, a civil 
penalty against a person who violates the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry 
Products Inspection Act (21 U.S.C. 451 et seq.), including 
a regulation promulgated or order issued under such Acts. 
Each violation, and each day during which a violation con-
tinues, shall be a separate offense. 
(b) AMOUNT
AND FACTORS
IN ASSESSING PEN-
ALTIES.—The maximum amount that may be assessed 
under this section for a violation may not exceed 
$100,000. In determining the amount of the civil penalty, 
the Secretary of Agriculture shall take into account—
(1) the gravity of the violation; 
(2) the degree of culpability; 
(3) the size and type of the business; and 
(4) any history of prior offenses under the Fed-
eral Meat Inspection Act or the Poultry Products In-
spection Act. 
(c) NOTICE AND OPPORTUNITY FOR HEARING.—The 
Secretary of Agriculture shall not assess a civil penalty
under this section against a person unless the person is 
given notice and opportunity for a hearing on the record 
before the Secretary in accordance with sections 554 and 
556 of title 5, United States Code. 
(d) JUDICIAL REVIEW.—
(1) REVIEW.—An order assessing a civil pen-
alty against a person under subsection (a) may be 
reviewed only in accordance with this subsection. 
(2) FINALITY.—The order shall be final and 
conclusive unless the person—
(A) not later than 30 days after the effec-
tive date of the order, files a petition for judi-
cial review in the United States court of appeals 
for the circuit in which the person resides or 
has its principal place of business or in the 
United States Court of Appeals for the District 
of Columbia; and 
(B) simultaneously sends a copy of the pe-
tition by certified mail to the Secretary. 
(3) FILING.—The Secretary shall promptly file 
in the court a certified copy of the record on which 
the violation was found and the civil penalty as-
sessed. 
(e) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—If a person fails to pay a civil penalty after
the order assessing the civil penalty has become final and 
unappealable, the Secretary shall refer the matter to the 
Attorney General, who shall bring a civil action to recover 
the amount of the civil penalty in United States district 
court. In the collection action, the validity and appro-
priateness of the order of the Secretary of Agriculture im-
posing the civil penalty shall not be subject to review. 
(f) REFUSAL
OR
WITHDRAWAL
OF
INSPECTION 
PENDING PAYMENT.—If a person fails to pay the amount 
of a civil penalty after the order assessing the civil penalty 
becomes final and unappealable, the Secretary of Agri-
culture may refuse to provide or withdraw inspection 
under title I of the Federal Meat Inspection Act or under 
the Poultry Products Inspection Act, as the case may be, 
until the civil penalty is paid or until the Secretary directs 
otherwise. 
(g) PENALTIES IN LIEU OF OTHER ACTIONS.—Noth-
ing in the Federal Meat Inspection Act or the Poultry 
Products Inspection Act requires the Secretary of Agri-
culture to report for prosecution, or for the institution of 
an action, a violation of such Act if the Secretary believes 
that the public interest will be adequately served by assess-
ment of a civil penalty under this section.
(h) ADDITIONAL REMEDIES.—The remedies provided 
in this section shall be in addition to any other remedies 
that may be available. 
(i) PERSON DEFINED.—In this section, the term 
‘‘person’’ means any individual, partnership, corporation, 
association, or other business unit. 
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT; CIVIL 
PENALTIES REGARDING MEAT AND POULTRY. 
Section 303 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 333) is amended by adding at the end the 
following subsection: 
‘‘(h)(1) Any person who violates section 301 with re-
spect to meat or poultry shall be liable to the United 
States for a civil penalty in an amount not to exceed 
$100,000. In determining the amount of the civil penalty, 
the Secretary shall take into account—
‘‘(A) the gravity of the violation; 
‘‘(B) the degree of culpability; 
‘‘(C) the size and type of the business; and 
‘‘(D) any history of prior offenses under this 
Act with respect to food. 
‘‘(2) Paragraphs (3) through (5) of subsection (g) 
apply with respect to a civil penalty under this subsection 
to the same extent and in the same manner as such para-
graphs (3) through (5) apply with respect to a civil penalty 
under subsection (g).’’.
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