I
107TH CONGRESS
1ST SESSION
H. R. 3127
To amend the Federal Meat Inspection Act and the Poultry Products Inspec-
tion Act to authorize the Secretary of Agriculture to order the recall
of meat and poultry that is adulterated, misbranded, or otherwise unsafe.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 2001
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Agriculture
A BILL
To amend the Federal Meat Inspection Act and the Poultry
Products Inspection Act to authorize the Secretary of
Agriculture to order the recall of meat and poultry that
is adulterated, misbranded, or otherwise unsafe.
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 ‘‘Unsafe Meat and Poul-
try Recall Act of 2001’’.
SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD
PRODUCTS.
(a) MANDATORY RECALLS AUTHORIZED.—The Fed-
eral Meat Inspection Act (21 U.S.C. 601 et seq.) is
amended—
(1) by redesignating section 411 (21 U.S.C.
681) as section 412; and
(2) by inserting after section 410 (21 U.S.C.
679a) the following new section:
‘‘SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL
OF 
ADULTERATED, 
MISBRANDED, 
AND
OTHER UNSAFE MEAT PRODUCTS.
‘‘(a) MEAT PRODUCT DEFINED.—In this section, the
term ‘meat product’ means a carcass, part of a carcass,
meat, or meat food product of cattle, sheep, swine, goats,
horses, mules, or other equines covered by this Act.
‘‘(b) NOTIFICATION REQUIRED.—
‘‘(1) NOTICE TO SECRETARY.—A person that
has reason to believe that a meat product trans-
ported, stored, distributed, or otherwise handled by
the person is adulterated, misbranded, or otherwise
in violation of this Act shall immediately notify the
Secretary, in such manner and by such means as the
Secretary may by regulation promulgate, of the iden-
tity and location of the meat product.
‘‘(2) EXCEPTIONS.—The requirement to notify
the Secretary under paragraph (1) does not extend
to household consumers of meat products and to
such other persons as the Secretary may exempt.
‘‘(c) VOLUNTARY NONDISTRIBUTION AND RECALL.—
If the Secretary finds that a meat product is adulterated,
misbranded, or otherwise in violation of this Act and that
there is a reasonable probability that human consumption
of the meat product may present a threat to public health,
the Secretary shall provide all appropriate persons, as de-
termined by the Secretary, that transported, stored, dis-
tributed, or otherwise handled the meat product with an
opportunity to—
‘‘(1) cease distribution of the meat product;
‘‘(2) notify all persons transporting, storing,
distributing, or otherwise handling the meat product,
or to which the meat product has been transported,
sold, distributed, or otherwise handled, to imme-
diately cease distribution of the meat product;
‘‘(3) recall the meat product; and
‘‘(4) in consultation with the Secretary, provide
notice to consumers to whom the meat product is,
or may have been, distributed.
‘‘(d) MANDATORY ACTIONS.—If a person refuses to
or does not voluntarily take the actions described in sub-
section (c) with respect to a meat product within the time
and in the manner prescribed by the Secretary, the Sec-
retary may, by order, require the person to immediately—
‘‘(1) cease distribution of the meat product;
‘‘(2) notify all persons transporting, storing,
distributing, or otherwise handling the meat product,
or to which the meat product has been transported,
sold, distributed, or otherwise handled, to imme-
diately cease distribution of the meat product; and
‘‘(3) recall the meat product or take other ap-
propriate action.
‘‘(e) NOTICE TO CONSUMERS.—Whenever the Sec-
retary orders a mandatory action under subsection (d), the
Secretary shall also provide notice to consumers to whom
the meat product was, or may have been, distributed, to
the extent the Secretary considers necessary.
‘‘(f) NONDISTRIBUTION BY NOTIFIED PERSONS.—A
person transporting, storing, distributing, or otherwise
handling a meat product, or to which a meat product has
been transported, sold, distributed, or otherwise handled,
that receives notification under subsection (c) or (d) shall
immediately cease distribution of the meat product.
‘‘(g) VACATION OF ORDER.—If, after providing an
opportunity for a hearing on the record, the Secretary de-
termines that adequate grounds do not exist to continue
the mandatory actions required by an order issued under
subsection (d), the Secretary shall vacate the order.
‘‘(h) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section are in addition to any other remedies
that may be available.’’.
(b) DEFINITION OF PERSON.—(1) Section 1 of the
Federal Meat Inspection Act (21 U.S.C. 601) is amended
by adding at the end the following new subsection:
‘‘(w) PERSON.—The term ‘person’ means any indi-
vidual, partnership, corporation, association, or other busi-
ness unit.’’.
(2) The Federal Meat Inspection Act (21 U.S.C. 601
et seq.) is amended—
(A) by striking ‘‘person, firm, or corporation’’
each place it appears and inserting ‘‘person’’;
(B) by striking ‘‘persons, firms, and corpora-
tions’’ each place it appears and inserting ‘‘per-
sons’’; and
(C) by striking ‘‘persons, firms, or corpora-
tions’’ each place it appears and inserting ‘‘per-
sons’’.
SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY
FOOD PRODUCTS.
(a) MANDATORY RECALLS AUTHORIZED.—The Poul-
try Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL
OF 
ADULTERATED, 
MISBRANDED, 
AND
OTHER UNSAFE POULTRY PRODUCTS.
‘‘(a) NOTIFICATION REQUIRED.—
‘‘(1) NOTICE TO SECRETARY.—A person that
has reason to believe that a poultry product trans-
ported, stored, distributed, or otherwise handled by
the person is adulterated, misbranded, or otherwise
in violation of this Act shall immediately notify the
Secretary, in such manner and by such means as the
Secretary may by regulation promulgate, of the iden-
tity and location of the poultry product.
‘‘(2) EXCEPTIONS.—The requirement to notify
the Secretary under paragraph (1) does not extend
to household consumers of poultry products and to
such other persons as the Secretary may exempt.
‘‘(b) VOLUNTARY NONDISTRIBUTION AND RECALL.—
If the Secretary finds that a poultry product is adulter-
ated, misbranded, or otherwise in violation of this Act and
that there is a reasonable probability that human con-
sumption of the poultry product may present a threat to
public health, the Secretary shall provide all appropriate
persons, as determined by the Secretary, that transported,
stored, distributed, or otherwise handled the poultry prod-
uct with an opportunity to—
‘‘(1) cease distribution of the poultry product;
‘‘(2) notify all persons transporting, storing,
distributing, or otherwise handling the poultry prod-
uct, or to which the poultry product has been trans-
ported, sold, distributed, or otherwise handled, to
immediately cease distribution of the poultry prod-
uct;
‘‘(3) recall the poultry product; and
‘‘(4) in consultation with the Secretary, provide
notice to consumers to whom the poultry product is,
or may have been, distributed.
‘‘(c) MANDATORY ACTIONS.—If a person refuses to
or does not voluntarily take the actions described in sub-
section (b) with respect to a poultry product within the
time and in the manner prescribed by the Secretary, the
Secretary may, by order, require the person to
immediately—
‘‘(1) cease distribution of the poultry product;
‘‘(2) notify all persons transporting, storing,
distributing, or otherwise handling the poultry prod-
uct, or to which the poultry product has been trans-
ported, sold, distributed, or otherwise handled, to
immediately cease distribution of the poultry prod-
uct; and
‘‘(3) recall the poultry product or take other ap-
propriate action.
‘‘(d) NOTICE TO CONSUMERS.—Whenever the Sec-
retary orders a mandatory action under subsection (c), the
Secretary shall also provide notice to consumers to whom
the poultry product was, or may have been, distributed,
to the extent the Secretary considers necessary.
‘‘(e) NONDISTRIBUTION BY NOTIFIED PERSONS.—A
person transporting, storing, distributing, or otherwise
handling a poultry product, or to which a poultry product
has been transported, sold, distributed, or otherwise han-
dled, that receives notification under subsection (b) or (c)
shall immediately cease distribution of the poultry prod-
uct.
‘‘(f) VACATION OF ORDER.—If, after providing an
opportunity for a hearing on the record, the Secretary de-
termines that adequate grounds do not exist to continue
the mandatory actions required by an order issued under
subsection (c), the Secretary shall vacate the order.
‘‘(g) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section are in addition to any other remedies
that may be available.’’.
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