I
103D CONGRESS
2D SESSION
H. R. 5055
To amend the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and animal quarantine laws to provide for improved public health
and food safety through the reduction of pathogens, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 19, 1994
Mr. STENHOLM (for himself, Mr. WAXMAN, Mr. BROWN of California, and Mr.
FARR of California) introduced the following bill; which was referred to
the Committee on Agriculture
A BILL
To amend the Federal Meat Inspection Act, the Poultry
Products Inspection Act, and animal quarantine laws
to provide for improved public health and food safety
through the reduction of pathogens, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as ‘‘The Pathogen
Reduction Act of 1994’’.
TITLE I
LEGISLATIVE FINDINGS
SEC. 101. The Congress finds that:
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(a) Pathogens are a significant source of
foodborne illness associated with meat, meat food
products, poultry, and poultry products.
(b) Proper handling of meat or products of cat-
tle, sheep, swine, goats, horses, mules, or other
equines, or poultry products which may bear or con-
tain human pathogens is necessary to prevent
foodborne illness.
(c) Livestock and poultry producers, handlers,
processors, distributors, transporters, and retailers
all share responsibility in handling livestock, meat,
meat food products, poultry, and poultry products in
such a way as to protect the public health.
(d) The distribution of meat, meat food prod-
ucts, poultry, or poultry products which could be in-
jurious to the public health because they contain
human pathogens, would impair the effective regula-
tion of wholesome meat, meat food products, poul-
try, or poultry products in interstate and foreign
commerce and would destroy markets for wholesome
products.
(e) In order to reduce the risk of foodborne ill-
nesses and protect public health, a concerted effort
is required on the part of regulatory authorities and
all parties involved in the production and handling
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of meat, meat food products, poultry, or poultry
products to address the problem of microbial con-
tamination using the best available scientific infor-
mation and appropriate technology.
(f) All articles and other animals which are sub-
ject to this Act are either in interstate or foreign
commerce or substantially affect such commerce,
and regulation by the Secretary of Agriculture and
cooperation by the States as contemplated by this
Act are necessary to prevent or eliminate burdens
upon such commerce and to protect the health and
welfare of consumers.
AMENDMENTS TO THE FEDERAL MEAT INSPECTION ACT
SEC. 102. The Federal Meat Inspection Act (21
U.S.C. 601, et seq.) is amended:
(1) In section 1 (21 U.S.C. 601), by adding a
definition of ‘‘official establishment’’ to read as fol-
lows:
‘‘(w) The term ‘official establishment’ means any es-
tablishment as determined by the Secretary at which in-
spection of the slaughter of cattle, sheep, swine, goats,
mules, and other equines, or the processing of meat and
meat food products of such animals, is maintained under
authority of this Act.’’;
(2) In section 3(a) (21 U.S.C. 603(a)), by in-
serting ‘‘on the basis of the best available scientific
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and technologic data, and evaluation of the risks
posed to public health and safety,’’ after the words
‘‘That hereafter,’’.
(3) In section 4 (21 U.S.C. 604), by inserting
‘‘, on the basis of the best available scientific and
technologic data, and evaluation of the risks posed
to public health and safety,’’ after the words ‘‘That
for the purposes hereinbefore set forth’’.
(4) In section 301(c)(1), (21 U.S.C. 661(c)(1)),
by inserting ‘‘or by thirty days prior to the expira-
tion of two years after enactment of the Pathogen
Reduction Act of 1994,’’ after the words ‘‘the
Wholesome Meat Act,’’.
(5) In section 301(c), (21 U.S.C. 661(c)), by
deleting ‘‘titles I and IV’’, ‘‘title I and title IV’’, and
‘‘title I and IV’’, wherever they appear and inserting
in lieu thereof ‘‘titles I, IV, and V’’.
(6) By adding at the end thereof a new title V
to read as follows:
‘‘TITLE V—PATHOGEN REDUCTION
‘‘SEC. 501. (a) The Secretary is directed upon the
basis of the best available scientific and technologic data,
as determined by the Secretary, to prescribe by regulation
such actions as the Secretary deems necessary to—
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‘‘(1) limit the presence of human pathogens in
cattle, sheep, swine, goats, horses, mules, or other
equines at the time they are presented for slaughter;
‘‘(2) ensure that appropriate measures are
taken to control the presence and growth of human
pathogens on carcasses and parts thereof and on
meat or meat food products derived from such ani-
mals prepared in any official establishment;
‘‘(3) ensure that all ready-to-eat meat or meat
food products prepared in any official establishment
preparing any such article for distribution in com-
merce are processed in such a manner as to destroy
any human pathogens likely to cause foodborne ill-
ness; and
‘‘(4) ensure that meat and meat food products
other than those included in subsection (a)(3) of this
section prepared any official establishment preparing
any such article for distribution in commerce are la-
beled with instructions for handling and preparation
for consumption which, when adhered to, destroy
any human pathogens likely to cause foodborne ill-
ness.
‘‘(b) Carcasses or parts thereof and meat or meat
food products prepared at any official establishment pre-
paring any such article for distribution in commerce which
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are found not to be in compliance with the regulations pro-
mulgated under subsection (a)(2), (a)(3), or (a)(4) of this
section shall be considered adulterated and condemned
and shall, if no appeal be taken from such determination
of condemnation, be destroyed for human food purposes
under the supervision of an inspector: Provided, That car-
casses or parts thereof, and meat and meat food products
which are not in compliance with subsection (a)(2), (a)(3),
or (a)(4) of this section, but which may by processing, la-
beling, or both, as applicable, in accordance with sub-
section (a)(2), (a)(3), or (a)(4) of this section be made
not adulterated need not be condemned and destroyed if
so reprocessed, labeled, or both, as applicable and as de-
termined by the Secretary, under the supervision of an in-
spector and thereafter inspected and found to be not adul-
terated. If an appeal be taken from such determination
of condemnation, the carcasses or parts thereof, or meat
and meat food products shall be appropriately marked,
segregated and held by the official establishment pending
completion of an appeal inspection. If the determination
of condemnation is sustained, the carcasses or parts there-
of, and meat and meat food products if not so reprocessed,
labeled, or both, as applicable, as to be made not adulter-
ated shall be destroyed for human food purposes under
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the supervision of a duly authorized representative of the
Secretary.
‘‘(c) The Secretary shall, within two years of the en-
actment of this Act, issue regulations that—
‘‘(1) require meat and meat food products pre-
pared in any official establishment to be tested, in
such manner and with such frequency as the Sec-
retary deems necessary, to identify human disease-
causing pathogens or markers for these pathogens in
the meat and meat food products;
‘‘(2) require that the results of any test con-
ducted in accordance with subsection (c)(1) of this
section be reported to the Secretary, in such manner
and with such frequency as the Secretary deems nec-
essary;
‘‘(3) establish, to the maximum extent scientif-
ically supportable, levels of human pathogens that,
when found on meat or meat food products prepared
in official establishments, constitute a threat to pub-
lic health. When making decisions regarding specific
human pathogen levels, the Secretary shall consider
the risk to human health, including the risk to in-
fants, the elderly, persons whose immune systems
are compromised, and other population subgroups,
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ficiency and efficacy of such regulations, processes, proce-
dures and methods.
‘‘(3) The Secretary shall consult with the Public
Health Service, the Centers for Disease Control and Pre-
vention, the Food and Drug Administration, and any other
State or Federal public health agency the Secretary deems
necessary in order to carry out subsections (c)(1), (c)(3),
(d)(1), and (d)(2) of this section.
‘‘NOTIFICATION, DISTRIBUTION, AND RECALL REGARDING
NONCONFORMING ARTICLES
‘‘SEC. 502. (a) Any person, firm, or corporation pre-
paring carcasses or parts thereof, meat or meat food prod-
ucts for distribution in commerce which obtains knowledge
providing a reasonable basis for believing that any car-
casses or parts thereof or any meat or meat food prod-
ucts—
‘‘(1) are adulterated, or not produced in compli-
ance with section 501(a) of this Act or the regula-
tions promulgated thereunder; or
‘‘(2) are misbranded, shall immediately notify
the Secretary, in such manner and by such means
as the Secretary may by regulation prescribe, of the
identity and location of such articles.
‘‘(b) If the Secretary finds, upon such notification or
otherwise, that any carcasses or parts thereof or any meat
or meat food products—
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‘‘(1) are adulterated or not produced in compli-
ance with section 501(a) of this Act or the regula-
tions promulgated thereunder and that there is a
reasonable probability that human consumption of
such articles present a threat to the public health,
as determined by the Secretary; or
‘‘(2) are misbranded, the Secretary shall pro-
vide the appropriate person, firm, or corporation
with an opportunity to cease distribution of such ar-
ticles; notify all persons, firms, or corporations
transporting or distributing such articles or to which
such articles were shipped or sold to immediately
cease distribution of such articles; and to recall the
articles. If the person, firm, or corporation refuses
to voluntarily cease distribution, make notification,
and recall the articles or does not voluntarily cease
distribution, make notification, and recall the arti-
cles within the time or in the manner prescribed by
the Secretary, the Secretary shall immediately issue
an order requiring the person, firm, or corporation
(including the official establishment which prepared
the articles), as the Secretary deems necessary to:
immediately cease distribution of such articles; and
immediately notify all persons, firms, or corporations
transporting or distributing such articles or to which
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such articles were shipped or sold to immediately
cease distribution of such articles. The order shall
provide any person, firm, or corporation subject to
the order with an opportunity for an informal hear-
ing, to be held not later than 5 days after the date
of the issuance of the order, on the actions required
by the order and on whether the order should be
amended to require recall of such articles. If, after
providing an opportunity for such a hearing, the
Secretary determines that inadequate grounds exist
to support the actions required by the order, the
Secretary shall vacate the order.
‘‘(c) If, after providing an opportunity for an infor-
mal hearing under subsection (b) of this section, the Sec-
retary determines that the articles that are the subject of
an order under subsection (b) of this section must be re-
called, the Secretary shall amend the order to require a
recall. The Secretary shall—
‘‘(1) specify a timetable in which the recall will
occur;
‘‘(2) require periodic reports to the Secretary
describing the progress of the recall; and
‘‘(3) provide for notice to consumers to whom
such articles were, or may have been distributed as
to how they should treat the article.
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‘‘LIVESTOCK TRACEBACK
‘‘SEC. 503. (a) For the purpose of limiting the risk
of foodborne illness from carcasses and parts thereof and
meat and meat food products distributed in commerce, the
Secretary shall, as the Secretary deems necessary, pre-
scribe by regulation that cattle, sheep, swine, goats,
horses, mules, and other equines presented for slaughter
for human food purposes be identified in the manner pre-
scribed by the Secretary to enable the Secretary to trace
each animal to any premises at which it has been held
for such period prior to slaughter that the Secretary
deems necessary to effectuate the purposes of this Act.
The Secretary may prohibit or restrict entry into any
slaughtering establishment inspected under this Act of any
cattle, sheep, swine, goats, horses, mules, or other equines
not identified as prescribed by the Secretary.
‘‘(b) The Secretary is authorized to require that all
persons, firms, and corporations required to identify live-
stock pursuant to subsection (a) of this section maintain
accurate records, as prescribed by the Secretary, regard-
ing the purchase, sale, and identification such livestock;
and all persons, firms, and corporations subject to such
requirements shall, at all reasonable times, upon notice by
a duly authorized representative of the Secretary, afford
such representative access to their places of business and
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opportunity to examine the records thereof, and to copy
any such records. Any such record required to be main-
tained by this section shall be maintained for such period
of time as the Secretary prescribes.
‘‘(c) No person, firm, or corporation shall falsify or
misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at
which any cattle, sheep, swine, goats, horses, mules, or
other equines, or carcasses thereof, were held.
‘‘(d) No person, firm, or corporation shall, without
authorization from the Secretary, alter, detach, or destroy
any records or other means of identification prescribed by
the Secretary for use in determining the premises at which
were held any cattle, sheep, swine, goats, horses, mules,
or other equines, or the carcasses thereof.
‘‘(e)(1) If the Secretary finds any human pathogen
or any residue in any cattle, sheep, swine, goats, horses,
mules, or other equines at the time they are presented for
slaughter or in any carcasses, parts of carcasses, meat,
or meat food product prepared in an official establishment
and the Secretary finds that there is a reasonable prob-
ability that human consumption of any meat or meat food
product containing the human pathogen or residue pre-
sents a threat to public health, the Secretary may take
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such action as the Secretary deems necessary to determine
the source of the human pathogen or residue.
‘‘(2) If the Secretary identifies the source of any
human pathogen or residue described in subsection (e)(1)
of this section, the Secretary is authorized to prohibit or
restrict the movement of any animals, carcasses, parts of
carcasses, meat, meat food product, or any other article
from any source of the human pathogen or residue until
the Secretary determines that the human pathogen or resi-
due at the source no longer presents a threat to public
health.
‘‘(f)(1) The Secretary shall use any means of identi-
fication and recordkeeping methods utilized by producers
or handlers of cattle, sheep, swine, goats, horses, mules,
or other equines whenever the Secretary determines that
such means of identification and recordkeeping methods
will enable the Secretary to carry out the purposes of this
section.
‘‘(2) The Secretary is authorized to cooperate with
producers or handlers of cattle, sheep, swine, goats,
horses, mules, or other equines, in which any human
pathogen or residue described in subsection (e)(1) of this
section is found, to develop and implement methods to
limit or eliminate the human pathogen or residue at the
source.
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‘‘REFUSAL OR WITHDRAWAL OF INSPECTION
‘‘SEC. 504. (a) The Secretary may for such period,
or indefinitely, as the Secretary deems necessary to effec-
tuate the purposes of this Act, refuse to provide, or with-
draw, inspection service under title I of this Act with re-
spect to any official establishment if the Secretary deter-
mines, after opportunity for a hearing is accorded to the
applicant for, or recipient of, such service, that the appli-
cant or recipient, or any person responsibly connected with
the applicant or recipient, has repeatedly failed to comply
with the requirements of this Act or the regulations pro-
mulgated thereunder.
‘‘(b) The Secretary may direct that, pending oppor-
tunity for an expedited hearing with respect to any refusal
or withdrawal of inspection service and the final deter-
mination and order under subsection (a) of this section
and any judicial review thereof, inspection service shall be
denied or suspended if the Secretary deems such action
necessary in the public interest in order to protect the
health or welfare of consumers or to assure the safe and
effective performance of official duties under this Act.
‘‘(c) The determination and order of the Secretary
with respect to withdrawal or refusal of inspection service
under this section shall be final and conclusive unless the
affected applicant for, or recipient of, inspection service
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files application for judicial review within 30 days after
the effective date of the order; and inspection service shall
be withdrawn or refused as of the effective date of the
order pending any judicial review of the order unless the
Secretary directs otherwise. Judicial review of any such
order shall be in the United States Court of Appeals for
the circuit in which the applicant for, or recipient of, in-
spection service has its principal place of business or in
the United States Court of Appeals for the District of Co-
lumbia Circuit and shall be upon the record upon which
the determination and order are based. The provisions of
section 204 of the Packers and Stockyards Act, 1921 (42
Stat. 162, as amended; 7 U.S.C. 194), shall be applicable
to appeals taken under this section.
‘‘(d) The provisions of this section shall be in addition
to and not derogate from any other provision of this Act
for refusal, withdrawal, or suspension of inspection service
under title I of this Act.
‘‘CIVIL PENALTIES
‘‘SEC. 505. (a) Any person, firm, or corporation
which violates any provision of this Act, any regulation
issued under this Act, or any order issued under section
502(b) or (c) of this Act may be assessed a civil penalty
by the Secretary of not more than $100,000 per day of
violation. Each offense shall be a separate violation. No
penalty shall be assessed unless such person, firm, or cor-
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poration 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. The amount
of such civil penalty shall be assessed by the Secretary
by written order, taking into account the gravity of the
violation, degree of culpability, and history of prior of-
fenses; and may be reviewed only as provided in subsection
(b) of this section.
‘‘(b) Any person, firm, or corporation against whom
such violation is found and a civil penalty assessed by
order of the Secretary under subsection (a) of this section
may obtain review in the Court of Appeals of the United
States for the circuit in which such party resides or has
a place of business or in the United States Court of Ap-
peals for the District of Columbia Circuit by filing a notice
of appeal in such Court within 30 days from the date of
such order and by simultaneously sending a copy of such
notice by certified mail to the Secretary. The Secretary
shall promptly file in such Court a certified copy of the
record upon which such violation was found and such pen-
alty assessed. The findings of the Secretary shall be set
aside only if found to be unsupported by substantial evi-
dence on the record as a whole.
‘‘(c) If any person, firm, or corporation fails to pay
an assessment of a civil penalty after it has become a final
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and unappealable order, or after the appropriate Court of
Appeals has entered final judgment in favor of the Sec-
retary, the Secretary shall refer the matter to the Attorney
General, who shall institute a civil action to recover the
amount assessed in any appropriate district court of the
United States. In such collection action, the validity and
appropriateness of the Secretary’s order imposing the civil
penalty shall not be subject to review.
‘‘(d) All penalties collected under authority of this
section shall be paid into the Treasury of the United
States.
‘‘(e) Nothing in this Act shall be construed as requir-
ing the Secretary to report for criminal prosecution or for
the institution of libel or injunction proceedings, violations
of this Act, whenever the Secretary believes that the public
interest will be adequately served by assessment of civil
penalties. Furthermore, the Secretary may, in the Sec-
retary’s discretion, compromise, modify, or remit, with or
without conditions, any civil penalty assessed under this
section.’’.
AMENDMENTS TO THE POULTRY PRODUCTS INSPECTION
ACT
SEC. 103. THE POULTRY PRODUCTS INSPECTION
ACT (21 U.S.C. 451 ET SEQ.) IS AMENDED:
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(1) In section 5(c) (21 U.S.C. 454(c)), by delet-
ing ‘‘and 12–22 of this Act’’ and inserting in lieu
thereof ‘‘12–22, and 30–34 of this Act’’.
(2) In section 5(c)(1) (21 U.S.C. 454(c)(1)), by
inserting ‘‘or by thirty days prior to the expiration
of two years after enactment of the Pathogen Re-
duction Act of 1994,’’ after the words ‘‘the Whole-
some Poultry Products Act,’’.
(3) In section 6(a) (21 U.S.C. 455(a)), by in-
serting ‘‘on the basis of the best available scientific
and technologic data, and evaluation of the risks
posed to public health and safety,’’ after the word
‘‘necessary’’.
(4) In section 6(b) (21 U.S.C. 455(b)), by in-
serting ‘‘on the basis of the best available scientific
and technologic data, and evaluation of the risks
posed to public health and safety,’’ after the words
‘‘The Secretary,’’.
(5) By adding at the end thereof new sections
30 through 34 as follows:
‘‘PATHOGEN REDUCTION
‘‘SEC. 30. (a) The Secretary is directed upon the
basis of the best available scientific and technologic data,
as determined by the Secretary, to prescribe by regulation
such actions as the Secretary deems necessary to—
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‘‘(1) limit the presence of human pathogens in
poultry at the time they are presented for slaughter;
‘‘(2) ensure the appropriate means are taken to
control the presence and growth of human pathogens
on poultry or poultry products prepared in any offi-
cial establishment;
‘‘(3) ensure that all ready-to-eat poultry and
poultry products prepared in any official establish-
ment preparing any such article for distribution in
commerce are processed in such a manner as to de-
stroy any human pathogens likely to cause foodborne
illness; and
‘‘(4) ensure that poultry and poultry products
other than those included in subsection (a)(3) of this
section prepared at any official establishment pre-
paring any such article for distribution in commerce
are labeled with instructions for handling and prepa-
ration for consumption which, when adhered to, de-
stroy any human pathogens likely to cause foodborne
illness.
‘‘(b) Poultry or poultry products prepared at any offi-
cial establishment preparing any such article for distribu-
tion in commerce which are found not to be in compliance
with the regulations promulgated under subsection (a)(2),
(a)(3), or (a)(4) of this section shall be considered adulter-
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ated and condemned and shall, if no appeal be taken from
such determination of condemnation, be destroyed for
human food purposes under the supervision of an inspec-
tor: Provided, That poultry and poultry products which are
not in compliance with subsection (a)(2), (a)(3), or (a)(4)
of this section but which may by reprocessing, labeling,
or both, as applicable, in accordance with subsection
(a)(2), (a)(3), or (a)(4) of this section be made not adul-
terated need not be condemned and destroyed if so reproc-
essed, labeled, or both, as applicable and as determined
by the Secretary, under the supervision of an inspector
and thereafter inspected and found to be not adulterated.
If an appeal be taken from such determination of con-
demnation, the poultry or poultry products shall be appro-
priately marked, segregated, and held by the official estab-
lishment pending completion of an appeal inspection. If
the determination of condemnation is sustained, the poul-
try and poultry products if not so reprocessed, labeled, or
both, as applicable, as to be made not adulterated shall
be destroyed for human food purposes under the super-
vision of a duly authorized representative of the Secretary.
‘‘(c) The Secretary shall, within two years of the en-
actment of this Act, issue regulations that—
‘‘(1) require poultry and poultry products pre-
pared in any official establishment to be tested, in
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such manner and with such frequency as the Sec-
retary deems necessary, to identify human disease-
causing pathogens or markers for these pathogens in
the poultry and poultry products;
‘‘(2) require that the results of any test con-
ducted in accordance with subsection (c)(1) of this
section be reported to the Secretary, in such manner
and with such frequency as the Secretary deems nec-
essary;
‘‘(3) establish, to the maximum extent scientif-
ically supportable, levels of human pathogens that,
when found on poultry and poultry products pre-
pared in official establishments, constitute a threat
to public health. When making decisions regarding
specific human pathogen levels, the Secretary shall
consider the risk to human health, including the risk
to infants, the elderly, persons whose immune sys-
tems are compromised, and other population
subgroups, posed by consumption of the poultry or
poultry products containing the human pathogen;
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—
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‘‘(A) are capable of use as human food,
and
‘‘(B) exceed the levels of human pathogens
established in accordance with subsection (c)(3)
of this section.
‘‘(d)(1) The Secretary shall, as the Secretary deems
necessary and feasible, conduct or support appropriate re-
search regarding the establishment of levels of human
pathogens that when found on poultry and poultry prod-
ucts prepared in official establishments constitute a threat
to public health and shall conduct studies to validate these
levels.
‘‘(2) The Secretary is directed to review, on a regular
basis, all regulations, processes, procedures and methods
designed to limit and control human pathogens on poultry
and poultry products. This ongoing review shall include,
as necessary, epidemiologic and other scientific studies to
ascertain the efficiency and efficacy of such regulations,
processes, procedures and methods.
‘‘(3) The Secretary shall consult with the Public
Health Service, the Centers for Disease Control and Pre-
vention, the Food and Drug Administration, and any other
State or Federal public health agency the Secretary deems
necessary in order to carry out subsections (c)(1), (c)(3),
(d)(1), and (d)(2) of this section.
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‘‘NOTIFICATION, DISTRIBUTION, AND RECALL REGARDING
NONCONFORMING ARTICLES
‘‘SEC. 31. (a) Any person preparing poultry or poul-
try products for distribution in commerce which obtains
knowledge providing a reasonable basis for believing that
any poultry or poultry products—
‘‘(1) are adulterated or not produced in compli-
ance with section 30(a) of this Act or the regulations
promulgated thereunder; or
‘‘(2) are misbranded, shall immediately notify
the Secretary, in such manner and by such means
as the Secretary may be regulation prescribe, of the
identity and location of such poultry or poultry prod-
ucts.
‘‘(b) If the Secretary finds, upon such notification or
otherwise, that any poultry or poultry products—
‘‘(1) are adulterated or not produced in compli-
ance with section 30(a) of this Act or the regulations
promulgated thereunder and that there is a reason-
able probability that human consumption of such ar-
ticles present to threat to the public health, as deter-
mined by the Secretary; or
‘‘(2) are misbranded, the Secretary shall pro-
vide the appropriate person with an opportunity to
cease distribution of such articles; notify all persons,
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firms, or corporations transporting or distributing
such articles or to which such articles were shipped
or sold to immediately cease distribution of such ar-
ticles; and to recall the articles. If the person refuses
to voluntarily cease distribution, make notification,
and recall the articles or does not voluntarily cease
distribution, make notification, and recall the arti-
cles within the time or in the manner prescribed by
the Secretary, the Secretary shall immediately issue
an order requiring the person (including the official
establishment which prepared the articles), as the
Secretary deems necessary to: immediately cease dis-
tribution of such articles; and immediately notify all
persons, firms, or corporations transporting or dis-
tributing such articles or to which such articles were
shipped or sold to immediately cease distribution of
such articles. The order shall provide any person
subject to the order with an opportunity for an in-
formal hearing, to be held not later than 5 days
after the date of the issuance of the order, on the
actions required by the order and on whether the
order should be amended to require recall of such
articles. If, after providing an opportunity for such
a hearing, the Secretary determines that inadequate
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grounds exist to support the actions required by the
order, the Secretary shall vacate the order.
‘‘(c) If, after providing an opportunity for an infor-
mal hearing under subsection (b) of this section, the Sec-
retary determines that the articles that are the subject of
an order under subsection (b) of this section must be re-
called, the Secretary shall amend the order to require a
recall. The Secretary shall—
‘‘(1) specify a timetable in which the recall will
occur;
‘‘(2) require periodic reports to the Secretary
describing the progress of the recall; and
‘‘(3) provide for notice to consumers to whom
such articles were, or may have been, distributed as
to how they should treat the article.
‘‘POULTRY TRACEBACK
‘‘SEC. 32. (a) For the purpose of limiting the risk
of foodborne illness from poultry and poultry products dis-
tributed in commerce, the Secretary shall, as the Secretary
deems necessary, prescribe by regulation that poultry pre-
sented for slaughter for human food purposes be identified
in the manner prescribed by the Secretary to enable the
Secretary to trace each bird to any premises at which it
has been held for such period prior to slaughter that the
Secretary deems necessary to effectuate the purposes of
this Act. The Secretary may prohibit or restrict entry into
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any slaughtering establishment inspected under this Act
of any poultry not identified as prescribed by the Sec-
retary.
‘‘(b) The Secretary is authorized to require that all
persons required to identify poultry pursuant to subsection
(a) of this section, maintain accurate records, as pre-
scribed by the Secretary, regarding the purchase, sale, and
identification of such poultry; and all persons subject to
such requirements shall, at all reasonable times, upon no-
tice by a duly authorized representative of the Secretary,
afford such representative access to their places of busi-
ness and opportunity to examine the records thereof, and
to copy any such records. Any such record required to be
maintained by this section shall be maintained for such
period of time as the Secretary prescribes.
‘‘(c) No person shall falsify or misrepresent to any
other person or to the Secretary, any information as to
any premises at which any poultry, or the carcasses there-
of, were held.
‘‘(d) No person shall, without authorization from the
Secretary, alter, detach, or destroy any records or other
means of identification prescribed by the Secretary for use
in determining the premises at which were held any poul-
try or carcasses thereof.
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‘‘(e)(1) If the Secretary finds any human pathogen
or any residue in any poultry at the time they are pre-
sented for slaughter or in any poultry carcasses, parts of
poultry carcasses, or poultry products prepared in an offi-
cial establishment and the Secretary finds that there is
a reasonable probability that human consumption of any
poultry or poultry product containing the human pathogen
or residue presents a threat to public health, the Secretary
may take such action as the Secretary deems necessary
to determine the source of the human pathogen or residue.
‘‘(2) If the Secretary identifies the source of any
human pathogen or residue described in subsection (e)(1)
of this section, the Secretary is authorized to prohibit or
restrict the movement of any poultry, poultry carcasses,
parts of poultry carcasses, poultry product, or any other
article from any source of the human pathogen or residue
until the Secretary determines that the human pathogen
or residue at the source no longer presents a threat to
public health.
‘‘(f)(1) The Secretary shall use any means of identi-
fication and record keeping methods utilized by producers
or handlers of poultry whenever such means of identifica-
tion and record keeping methods will enable the Secretary
to carry out the purposes of this section.
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‘‘(2) The Secretary is authorized to cooperate with
producers or handlers of poultry, in which any human
pathogen or residue described in subsection (e)(1) of this
section is found, to develop and implement methods to
limit or eliminate the human pathogen or residue at the
source.
‘‘REFUSAL OR WITHDRAWAL OF INSPECTION
‘‘SEC. 33. (a) The Secretary may for such period, or
indefinitely, as the Secretary deems necessary to effec-
tuate the purposes of this Act, refuse to provide, or with-
draw, inspection service under this Act with respect to any
official establishment if the Secretary determines, after
opportunity for a hearing is accorded to the applicant for,
or recipient of, such service, that the applicant or recipi-
ent, or any person responsibly connected with the appli-
cant or recipient, has repeatedly failed to comply with the
requirements of this Act or the regulations promulgated
thereunder.
‘‘(b) The Secretary may direct that, pending oppor-
tunity for an expedited hearing with respect to any refusal
or withdrawal of inspection service and the final deter-
mination and order under subsection (a) of this section
and any judicial review thereof, inspection service shall be
denied or suspended if the Secretary deems such action
necessary in the public interest in order to protect the
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health or welfare of consumers or to assure the safe and
effective performance of official duties under this Act.
‘‘(c) The determination and order of the Secretary
with respect to withdrawal or refusal of inspection service
under this section shall be final and conclusive unless the
affected applicant for, or recipient of, inspection service
files application for judicial review within 30 days after
the effective date of the order; and inspection service shall
be withdrawn or refused as of the effective date of the
order pending any judicial review of the order unless the
Secretary directs otherwise. Judicial review of any such
order shall be in the United States Court of Appeals for
the circuit in which the applicant for, or recipient of, in-
spection service has its principal place of business or in
the United States Court of Appeals for the District of Co-
lumbia Circuit and shall be upon the record upon which
the determination and order are based. The provisions of
section 204 of the Packers and Stockyards Act, 1921 (42
Stat. 162, as amended; 7 U.S.C. 194), shall be applicable
to appeals taken under this section.
‘‘(d) The provisions of this section shall be in addition
to and not derogate from any other provision of this Act
for refusal, withdrawal, or suspension of inspection service
under this Act.
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‘‘CIVIL PENALTIES
‘‘SEC. 34. (a) Any person which violates any provision
of this Act, any regulation issued under this Act, or any
order issued under section 31(b) or (c) of this Act may
be assessed a civil penalty by the Secretary of not more
than $100,000 per day of violation. Each offense shall be
a separate violation. No penalty shall be assessed unless
such person is given notice and opportunity for a hearing
on the record before the Secretary in accordance with sec-
tions 554 and 556 of title 5, United States Code. The
amount of such civil penalty shall be assessed by the Sec-
retary by written order, taking into account the gravity
of the violation, degree of culpability, and history of prior
offenses; and may be reviewed only as provided in sub-
section (b) of this section.
‘‘(b) Any person against whom such violation is found
and a civil penalty assessed by order of the Secretary
under subsection (a) of this section may obtain review in
the Court of Appeals of the United States for the circuit
in which such party resides or has a place of business or
in the United States Court of Appeals of the District of
Columbia Circuit by filing a notice of appeal in such Court
within 30 days from the date of such order and by simul-
taneously sending a copy of such notice by certified mail
to the Secretary. The Secretary shall promptly file in such
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Court a certified copy of the record upon which such viola-
tion was found and such penalty assessed. The findings
of the Secretary shall be set aside only if found to be un-
supported by substantial evidence on the record as a
whole.
‘‘(c) If any person fails to pay an assessment of a
civil penalty after if has become a final and unappealable
order, or after the appropriate Court of Appeals has en-
tered final judgment in favor of the Secretary, the Sec-
retary shall refer the matter to the Attorney General, who
shall institute a civil action to recover the amount assessed
in any appropriate district court of the United States. In
such collection action, the validity and appropriateness of
the Secretary’s order imposing the civil penalty shall not
be subject to review.
‘‘(d) All penalties collected under authority of this
section shall be paid into the Treasury of the United
States.
‘‘(e) Nothing in this Act shall be construed as requir-
ing the Secretary to report for criminal prosecution or for
the institution of libel or injunction proceedings, violations
of this Act, whenever the Secretary believes that the public
interest will be adequately served by assessment of civil
penalties. Furthermore, the Secretary may, in the Sec-
retary’s discretion, compromise, modify, or remit, with or
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without conditions, any civil penalty assessed under this
section.
TITLE II
SEC. 201. Section 1 of the Act of July 2, 1962 (21
U.S.C. 134), is amended by adding a new subsection (e)
to read:
‘‘(e) The term ‘disease’ means any disease of livestock
or poultry, both infectious and non-infectious, and any
other health-related condition that may be transmitted by
livestock or poultry or their products to other animals or
humans.’’.
SEC. 202. Section 2(a) of the Act of July 2, 1962
(21 U.S.C. 134a(a)), is amended to read:
‘‘(a) Whenever the Secretary deems it necessary in
order to prevent the introduction or dissemination of a dis-
ease, the Secretary may seize, quarantine, and dispose of,
in a reasonable manner taking into consideration the na-
ture of the disease and the necessity of such action to pro-
tect the livestock or poultry of the United States, or the
health of the people of the United States because the dis-
ease may be transmitted by livestock or poultry or their
products: (1) any animals which the Secretary finds are
moving or are being handled or have moved or have been
handled in interstate or foreign commerce contrary to any
law or regulation administered by the Secretary for the
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prevention of the introduction or dissemination of any dis-
ease; (2) any animals which the Secretary finds are mov-
ing into the United States, or interstate, and are affected
with or have been exposed to any disease; and (3) any
animals which the Secretary finds have moved into the
United States, or interstate, and, at the time of such
movement, were affected with or exposed to any disease.’’.
SEC. 203. Section 2(e) of the Act of July 2, 1962
(21 U.S.C. 134a(e)), is amended to read:
‘‘(e) No such payment shall be made by the Secretary
for any animal, carcass, product, or article which has been
moved or handled by the owner thereof or the owner’s
agent in violation of a law or regulation administered by
the Secretary for the prevention of the interstate dissemi-
nation of disease, for which the animal, carcass, product,
or article was destroyed or a law or regulation for the en-
forcement of which the Secretary enters or has entered
into a cooperative agreement for the control and eradi-
cation of disease, or for any animal which has moved into
the United States contrary to such law or regulation ad-
ministered by the Secretary for the prevention of the intro-
duction of a disease.’’.
SEC. 204. Section 3 of the Act of July 2, 1962 (21
U.S.C. 134b), is amended to read: ‘‘The Secretary, in
order to protect the health of the livestock or poultry of
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the United States, and the health of the people of the
United States because the disease may be transmitted by
livestock or poultry or their products, may promulgate reg-
ulations requiring that railway cars; vessels; airplanes;
trucks; and other means of conveyance; stockyards; feed,
water, and rest stations; and other facilities, used in con-
nection with the movement of animals into or from the
United States, or interstate, be maintained in a clean and
sanitary condition, including requirements for inspection,
cleaning, and disinfection.’’.
SEC. 205. Section 4 of the Act of July 2, 1962 (21
U.S.C. 134c), is amended to read: ‘‘The Secretary is au-
thorized to promulgate regulations prohibiting or regulat-
ing the movement into the United States of any animals
which are or have been affected with or exposed to any
disease, or which have been vaccinated or otherwise treat-
ed for any disease, or which the Secretary finds would oth-
erwise be likely to introduce or disseminate any disease,
when the Secretary determines that such action is nec-
essary to protect the livestock or poultry of the United
States, or to protect the health of the people of the United
States because the disease may be transmitted by livestock
or poultry or their products.’’.
SEC. 206. Section 5 of the Act of July 2, 1962 (21
U.S.C. 134d), is amended to read: ‘‘Employees of the De-
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partment of Agriculture designated by the Secretary for
the purpose, when properly identified, shall have author-
ity: (1) to stop and inspect, without a warrant, any person
or means of conveyance, moving into the United States
from a foreign country, to determine whether such person
or means of conveyance is carrying any animal, carcass,
product, are article regulated or subject to disposal under
any law or regulation administered by the Secretary for
prevention of the introduction or dissemination of any dis-
ease; (2) to stop and inspect, without a warrant, any
means of conveyance moving interstate upon probable
cause to believe the means of conveyance is carrying any
animal, carcass, product, or article regulated or subject
to disposal under any law or regulation administered by
the Secretary for the prevention of the introduction or dis-
semination of any disease; and (3) to enter upon, with a
warrant, any premises for the purpose of making inspec-
tions and seizures necessary under any laws or regulation
administered by the Secretary for the prevention of the
introduction or dissemination of any disease. Any Federal
judge, or any judge of a court of record in the United
States, or any United States Commissioner, may, within
such Commissioner’s jurisdiction, upon proper oath or af-
firmation indicating probable cause to believe that there
is on certain premises any animal, carcass, product, or ar-
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ticle regulated or subject to disposal under any law or reg-
ulation administered by the Secretary for the prevention
of the introduction or dissemination of any disease, issue
warrants for the entry upon such premises and for inspec-
tions and seizures necessary under such laws and regula-
tions. Warrants may be executed by any authorized em-
ployee of the Department of Agriculture.’’.
SEC. 207. Section 6 of the Act of August 30, 1890,
as amended (21 U.S.C. 104), is amended to read:
‘‘(a) The Secretary of Agriculture is authorized to
prohibit or restrict the importation of animals which are
affected with disease or which have been exposed to dis-
ease prior to their importation into the United States.
‘‘(b) Any person who knowingly violates any provision
of this section or sections 7 through 10 of this Act or any
regulation prescribed by the Secretary of Agriculture
under any such section shall be guilty of a misdemeanor
and shall, on conviction, be punished by a fine not exceed-
ing $5,000, by imprisonment not exceeding one year, or
both. Any person who violates any such provision or any
such regulation may be assessed a civil penalty by the Sec-
retary of Agriculture not exceeding $1,000. The Secretary
of Agriculture may issue an order assessing such civil pen-
alty only after notice and an opportunity for an agency
hearing on the record. The order shall be treated as a final
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order reviewable under chapter 158 of Title 28. The valid-
ity of the order may not be reviewed in an action to collect
the civil penalty.
‘‘(c) For the purposes of this Act the word ‘disease’
means any disease of livestock or poultry, both infectious
and non-infectious, and any other health-related condition
that may be transmitted by livestock or poultry or their
products to other animals or humans.’’.
SEC. 208. Section 8 of the Act of August 30, 1890
(21 U.S.C. 103), is amended to read:
‘‘(a) The Secretary of Agriculture is authorized to re-
quire animals to be imported into ports in the United
States designated by the Secretary of Agriculture, with the
approval of the Secretary of the Treasury, as quarantine
stations. If any animals required by the Secretary of Agri-
culture to be imported into ports designated as quarantine
stations are brought to any port of the United States
where no quarantine station is established, the Secretary
of Agriculture may require the animals to be moved to
the nearest quarantine station at the expense of owner of
the animals under such conditions as the Secretary of Ag-
riculture determines necessary to prevent the spread of
disease.
‘‘(b) The Secretary of Agriculture may destroy ani-
mals which the Secretary of Agriculture finds to be af-
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fected with or exposed to a disease dangerous to other ani-
mals, or to the health of the people of the United States
because the disease may be transmitted by livestock or
poultry or their products.
‘‘(c) Except as provided in subsection (d) of this sec-
tion, the Secretary of Agriculture shall compensate the
owner of animals destroyed in accordance with subsection
(b) of this section which are exposed to disease, but not
affected with disease. Such compensation shall be based
upon the fair market value of the animal at the time of
destruction as determined by the Secretary of Agriculture.
Compensation paid any owner under this subsection shall
not include anticipated profits and shall not exceed the
difference between any compensation received by the
owner of the animals from any other source and the fair
market value of the animal at the time of destruction.
Funds in the Treasury available for carrying out animal
disease control activities of the Department of Agriculture
shall be used to compensate owners of animals destroyed
in accordance with subsection (b) of this section.
‘‘(d) No payment shall be made by the Secretary of
Agriculture for animals destroyed in accordance with sub-
section (b) of this section if the animal has been imported
in violation of any law or regulation administered by the
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Secretary of Agriculture for the prevention of the intro-
duction or dissemination of any disease.’’.
SEC. 209. Section 1 of the Act of February 2, 1903,
as amended (21 U.S.C. 121), is amended to read:
‘‘(a) Whenever the Secretary of Agriculture issues a
certificate showing that the Secretary of Agriculture had
inspected any livestock and/or live poultry which were
about to be exported from the United States or moved
interstate, and had found them free of any disease, such
animals, so inspected and certified, may transported into
and through any State, or they may be exported from the
United States without further inspection or the exaction
of fees of any kind, except such as may at anytime be
ordered or exacted by the Secretary of Agriculture; and
all such animals shall at all times be under control and
supervision of the Secretary of Agriculture for the pur-
poses of such inspection.
‘‘(b) For the purposes of this Act, the word ‘disease’
means any disease of livestock or poultry, both infectious
and non-infectious, and any other health-related condition
that may be transmitted by livestock or poultry or their
products to other animals or humans.
‘‘(c) for the purposes of this Act, the word ‘State’
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the
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Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.’’.
SEC. 210. Section 2 of the Act of February 2, 1903,
as amended (21 U.S.C. 111), is amended to read:
‘‘(a) The Secretary of Agriculture is authorized to
make such regulations and take such measures as the Sec-
retary of Agriculture deems necessary to prevent the intro-
duction or dissemination of any disease from a foreign
country into the United States or from one State to an-
other.
‘‘(b) The Secretary of Agriculture is authorized to
seize, quarantine, and dispose of any hay, straw, forage,
or similar material, or any meats, hides, or other animal
products coming from a foreign country in which disease
exists to the United States, or from one State in which
disease exists to another State, whenever in the Secretary
of Agriculture’s judgment such action is advisable in order
to prevent the introduction or spread of disease.’’.
SEC. 211. Section 3 of the Act of May 29, 1884, as
amended (21 U.S.C. 114), is amended to read:
‘‘(a) The Secretary of Agriculture is authorized to
prepare regulations for the speedy and effectual suppres-
sion and eradication of diseases, and to certify such regu-
lations to the executive authority of each State, and invite
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these executive authorities to cooperate in the execution
and enforcement of this Act and section 2 of the Act of
February 2, 1903. Whenever the plans and methods of
the Secretary of Agriculture shall be accepted by any State
in which a disease is declared to exist, or any State shall
have adopted plans and methods for the suppression and
eradication of diseases, and the State plans and methods
are accepted by the Secretary of Agriculture, and when-
ever the Governor of a State or other properly constituted
authorities signify their readiness to cooperate for the sup-
pression or eradication of any disease in conformity with
this Act and section 2 of the Act of February 2, 1903,
the Secretary of Agriculture is authorized to expend so
much of the money appropriated for carrying out this Act
and section 2 of the Act of February 2, 1903, as may
be necessary in such investigations, and in such disinfec-
tion and quarantine measures as may be necessary to pre-
vent the spread of the disease from one state into another.
‘‘(b) For the purposes of this Act, the word ‘disease’
means any disease of livestock or poultry, both infectious
and non-infectious, and any other health-related condition
that may be transmitted by livestock or poultry or their
products to other animals or humans.’’
‘‘(c) For the purposes of this section, the word ‘State’
means any of the several States of the United States, the
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Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.’’.
SEC. 212. Section 4 of the Act of May 29, 1884, as
amended (21 U.S.C. 112), is amended to read: ‘‘In order
to promote the exportation of livestock and/or live poultry
from the United States, the Secretary of Agriculture is
authorized to investigate the existence of any disease,
along the dividing lines between the United States and for-
eign countries, and along the lines of transportation from
all parts of the United States to ports from which livestock
and/or live poultry are exported, and may establish regula-
tions concerning the exportation and transportation of
livestock and/or live poultry as the results of the investiga-
tions may require.’’.
SEC. 213. Section 5 of the Act of May 29, 1884, as
amended (21 U.S.C. 113), is amended to read: ‘‘In order
to prevent the exportation from the United States to any
foreign country of livestock and/or live poultry affected
with disease or exposed to disease, the Secretary of Agri-
culture is authorized to take such steps and adopt such
measures, as the Secretary of Agriculture may deem nec-
essary.’’.
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SEC. 214. Sections 4 and 5 of the Act of May 29,
1884, as amended (21 U.S.C. 120), are amended to read:
‘‘(a) In order to enable the Secretary of Agriculture
to effectually suppress and eradicate diseases, and to pre-
vent the spread of diseases, the Secretary of Agriculture
is authorized to establish such regulations concerning the
exportation and transportation of livestock and/or live
poultry from any place within the United States where the
Secretary of Agriculture may have reason to believe dis-
eases may exist into and through any state and to foreign
countries as the Secretary of Agriculture may deem nec-
essary.
‘‘(b) For the purposes of these sections, the word
‘‘State’’ means any of the several States of the United
States, the Commonwealth of the Northern Mariana Is-
lands, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, the Virgin Islands of the United States,
or any other territory or possession of the United States.’’.
SEC. 215. Section 6 of the Act of May 29, 1884, as
amended (21 U.S.C. 115), is amended to read:
‘‘(a) No person, company, or corporation shall trans-
port, receive for transportation, deliver for transportation,
move, or cause to be moved from one State to another
any livestock and/or live poultry affected with any disease
except in accordance with regulations prescribed by the
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Secretary of Agriculture to protect the livestock and poul-
try of the United States and the health of the people of
the United States.
‘‘(b) For the purposes of this section, the word ‘State’
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.’’.
SEC. 216. Section 11 of the Act of May 29, 1884,
as amended (21 U.S.C. 114a), is amended to read:
(a) The Secretary of Agriculture, either independ-
ently or in cooperation with States or political subdivisions
of States, farmers’ associations and similar organizations,
and individuals, is authorized to: (1) control and eradicate
any diseases which in the opinion of the Secretary of Agri-
culture constitute an emergency and threaten the livestock
industry or poultry industry of the United States, or the
health of the people of the United States because the dis-
ease may be transmitted by livestock or poultry or their
products; and (2) pay claims growing out of destruction
of animals (including poultry), and of materials, affected
by or exposed to any communicable disease, in accordance
with such regulations as the Secretary of Agriculture may
prescribe.
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‘‘(b) The Secretary of Agriculture is authorized to
prescribe and collect fees to recover the costs of carrying
out this section which relate to veterinary diagnostics.
‘‘(c) For the purposes of this section, the word ‘State’
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.’’.
SEC. 217. Section 1 of the Act of March 3, 1905,
as amended (21 U.S.C. 123), is amended to read:
‘‘(a) The Secretary of Agriculture is authorized to
quarantine by regulation any State, or any portion of any
State, when the Secretary of Agriculture shall determine
the fact that any animals or live poultry in such State
are affected with any disease or that the contagion of any
disease exists or that vectors which may disseminate any
disease exist in such State.
‘‘(b) For the purposes of this Act, the word ‘disease’
means any disease of livestock or poultry, both infectious
and non-infectious, and any other health-related condition
that may be transmitted by livestock or poultry or their
products to other animals or humans.
‘‘(c) For the purposes of this section, the word ‘State’
means any of the several States of the United States, the
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Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.’’.
SEC. 218. Section 1 of the Act of May 6, 1970, (21
U.S.C. 135), is amended by designating the current sec-
tion as subsection ‘‘(a)’’; by deleting the words ‘‘livestock
or poultry disease or pests’’ and by inserting in lieu there-
of ‘‘diseases or livestock or poultry pests’’; by deleting
‘‘livestock or poultry diseases or pests’’ and by inserting
in lieu thereof ‘‘diseases or livestock or poultry pests’’; and
by adding a new subsection (b) to read:
‘‘(b) For the purposes of this Act, the word ‘‘dis-
eases’’ means any diseases of livestock or poultry, both
infectious and non-infectious, and any other health-related
condition that may be transmitted by livestock or poultry
or their products to other animals or humans.’’.
SEC. 219. Section 12 of the Act of March 4, 1907,
as amended (21 U.S.C. 612), is amended to read:
‘‘(a) The Secretary is authorized to inspect all cattle,
sheep, swine, goats, horses, mules, and other equines in-
tended and offered for export to foreign countries at such
times and places, and in such manner as the Secretary
may deem proper, to ascertain whether such cattle, sheep,
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swine, goats, horses, mules, and other equines are free
from disease.
‘‘(b) For the purpose of this section, the word ‘dis-
ease’ means any disease of cattle, sheep, swine, goats,
horse, mules, and other equines, both infectious and non-
infectious, and any other health-related condition that may
be transmitted by cattle, sheep, swine, goats, horses,
mules, and other equines or their products to other ani-
mals or humans.’’
SEC. 220. The Act of September 28, 1962 (7 U.S.C.
450), is amended to read:
‘‘(a) In order to avoid duplication of functions, facili-
ties, and personnel, and to attain closer coordination and
greater effectiveness and economy in administration of
Federal and State laws and regulations relating to the
production and marketing of agricultural products and to
the control or eradication of plant diseases, plant pests,
animal diseases, and animal pests, the Secretary of Agri-
culture is authorized, in the administration and enforce-
ment of such Federal laws within the Secretary of Agri-
culture’s area of responsibility, whenever the Secretary of
Agriculture deems it feasible and in the public interest,
to enter into cooperative arrangements with State depart-
ments of agriculture and other State agencies charged
with the administration and enforcement of such State
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laws and regulations and to provide that any such State
agency which has adequate facilities, personnel, and proce-
dures, as determined by the Secretary of Agriculture, may
assist the Secretary of Agriculture in the administration
and enforcement of such Federal laws and regulations to
the extent and in the manner the Secretary of Agriculture
deems appropriate in the public interest.
‘‘(b) The Secretary is authorized to coordinate the
administration of such Federal laws and regulations with
such State laws and regulations wherever feasible. How-
ever, nothing in this Act shall affect the jurisdiction of
the Secretary of Agriculture under any Federal law, or
any authority to cooperate with State agencies or other
agencies or persons under existing provisions of law, or
affect any restrictions of law upon such cooperation.
‘‘(c) For the purposes of this Act the term ‘animal
diseases’ means any diseases of animals, both infectious
and non-infectious, and any other health-related condition
that may be transmitted by animals or their products to
other animals or humans.’’.
SEC. 221. Section 101(d) of the Act of September
21, 1944 (7 U.S.C. 430), is amended to read:
‘‘(a) The Secretary of Agriculture may purchase in
the open market from applicable appropriations samples
of all tuberculin, serums, antitoxins, or other products, of
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foreign or domestic manufacture, which are sold in the
United States, for the detection, prevention, treatment, or
cure of diseases of domestic animals, test the same, and
disseminate the results of the tests in such manner as the
Secretary of Agriculture may deem best.’’.
‘‘(b) For the purposes of this section, the word ‘dis-
eases’; means any diseases of domestic animals, both infec-
tious and non-infectious, and any other health-related con-
dition that may be transmitted by domestic animals or
their products to other animals or humans.’’.
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