(f) NO IMPACT ON OTHER REMEDIES.—This section
shall not affect in any way other provisions of this Act
for the withdrawal of inspection under title I.
(g) DEFINITION
OF
‘‘RESPONSIBLY
CONNECTED
WITH THE BUSINESS’’.—For the purposes of this section,
a person shall be deemed to be responsibly connected with
the business if he or she is a partner, officer, director,
holder, or owner of 10 percent or more of its voting stock,
or an employee in a managerial or executive capacity.
(h) 
JUDICIAL
REVIEW
OF
ADMINISTRATIVE
ORDER.—Except as provided in subsection (e)(2), the de-
termination and order of the Secretary with respect there-
to under this section shall be final and conclusive unless
the applicant for, or recipient of, files an application for
judicial review within thirty days after the effective date
of such order in the appropriate court as provided in sub-
section (e). Judicial review of any such order shall be upon
the record upon which the determination and order are
based.
SEC. 402. ADMINISTRATIVE DETENTION AND RELEASE OF
CARCASSES, 
MEAT 
PRODUCTS, 
POULTRY
PRODUCTS, AND SEAFOOD PRODUCTS.
Whenever any livestock or poultry carcass, seafood,
meat product, poultry product, or seafood product, or any
dead, dying, disabled, or diseased livestock, poultry, or
seafood is found by any authorized representative of the
Secretary upon any premises where it is held for purposes
of, or during or after distribution, in commerce, or other-
wise subject to title I or II, and there is reason to believe
that any such article is adulterated or misbranded and is
capable of use as human food, or that it has not been in-
spected, in violation of the provisions of title I or of any
other Federal law or the laws of any State or Territory,
or the District of Columbia, or that such article has been
or is intended to be, distributed in violation of any such
provisions, it may be detained by such representative for
a period not to exceed twenty days, pending action under
section 403 or notification of any Federal, State, or other
governmental authorities having jurisdiction over such ar-
ticle, and shall not be moved by any person from the place
at which it is located when so detained, until released by
such representative. All official marks may be required by
such representative to be removed from such article before
it is released unless it appears to the satisfaction of the
Secretary that the article or animal is eligible to retain
such marks.
SEC. 403. SEIZURE AND CONDEMNATION.
(a) PROCEDURE.—Any livestock or poultry carcass,
seafood, meat product, poultry product, or seafood prod-
uct, or any dead, dying, disabled, or diseased livestock,
poultry, or seafood that is being transported in interstate
commerce or otherwise subject to title I or II, or is held
for sale in the United States after such transportation,
and that—
(1) is or has been prepared, sold, transported,
or otherwise distributed or offered or received for
distribution in violation of this Act,
(2) is capable of use as human food and is
adulterated or misbranded, or
(3) in any other way is in violation of this Act,
shall be liable to be proceeded against and seized
and condemned, at any time, on a libel of informa-
tion in any United States district court or other
proper court as provided in section 404 within the
jurisdiction of which the article or animal is found.
If the article is condemned it shall, after entry of the
decree, be disposed of by destruction or sale as the court
may direct and the proceeds, if sold, less the court costs
and fees, and storage and other proper expenses, shall be
paid into the Treasury of the United States, but the article
shall not be sold contrary to the provisions of this Act,
or the laws of the jurisdiction in which it is sold. Upon
the execution and delivery of a good and sufficient bond
conditioned that the article shall not be sold or otherwise
disposed of contrary to the provisions of this Act, or the
laws of the jurisdiction in which disposal is made, the
court may direct that such article be delivered to the
owner thereof subject to such supervision by authorized
representatives of the Secretary as is necessary to insure
compliance with the applicable laws. When a decree of con-
demnation is entered against the article and it is released
under bond, or destroyed, court costs and fees, and stor-
age and other proper expenses shall be awarded against
the person, if any, intervening as claimant of the article.
The proceedings in such libel cases shall conform, as near-
ly as may be, to the proceedings in admiralty, except that
either party may demand trial by jury or any issue of fact
joined in any case, and all such proceedings shall be at
the suit of and in the name of the United States.
(b) IMPACT ON OTHER PROVISIONS.—The provisions
of this section shall in no way derogate from authority
for condemnation or seizure conferred by other provisions
of this Act, or other laws.
SEC. 404. FEDERAL JURISDICTION.
The United States District Courts, the District Court
of Guam, the District Court of the Virgin Islands, the
highest court of American Samoa, and the United States
courts of the other Territories, are vested with jurisdiction
specifically to enforce, and to prevent and restrain viola-
tions of, this Act, and shall have jurisdiction in all other
cases arising under this Act, except as provided in section
401(e).
SEC. 405. CRIMINAL ACTS AGAINST INSPECTION OFFI-
CIALS.
Any person who forcibly assaults, resists, opposes,
impedes, intimidates, or interferes with any person while
engaged in or on account of the performance of his official
duties under this Act shall be fined not more than $5,000
or imprisoned not more than three years, or both. Who-
ever, in the commission of any such acts, uses a deadly
or dangerous weapon, shall be fined not more than
$10,000 or imprisoned not more than ten years, or both.
Whoever kills any person while engaged in or on account
of the performance of his official duties under this Act
shall be punished as provided under sections 1111 and
1114 of title 18, United States Code.
SEC. 406. VIOLATIONS.
(a) CRIMINAL PENALTIES.—Any person who violates
any provisions of this Act for which no other criminal pen-
alty is provided by this Act shall upon conviction be sub-
ject to imprisonment for not more than one year, or a fine
of not more than $1,000, or both such imprisonment and
fine; but if such violation involves intent to defraud, or
any distribution or attempted distribution of an article
that is adulterated (except as defined in section
2(c)(1)(L)), such person shall be subject to imprisonment
for not more than three years or a fine of not more than
$10,000, or both. No person shall be subject to penalties
under this section for receiving for transportation any ar-
ticle in violation of this Act if such receipt was made in
good faith, unless such person refuses to furnish on re-
quest of a representative of the Secretary the name and
address of the person from whom he or she received such
article and copies of all documents, if any there be, per-
taining to the delivery of the articles to him or her.
(b) MINOR VIOLATIONS.—Nothing in this Act shall
be construed as requiring the Secretary to report for pros-
ecution or for the institution of libel or injunction proceed-
ings, minor violations of this Act whenever he or she be-
lieves that the public interest will be adequately served by
a suitable written notice of warning. In determining
whether the public interest could be adequately served by
a written notice of warning, the Secretary shall take into
account, among other factors—
(1) the compliance history of such facility;
(2) the magnitude of the violation;
(3) whether compliance with this Act would
likely be obtained as a result of such notice; and
(4) whether such violation is of a minor or tech-
nical nature.
(c) NOTICE
OF REFERRAL
OF CRIMINAL VIOLA-
TION.—Unless the Secretary by regulation provides other-
wise, before any violation of this Act is reported by the
Secretary for prosecution in a criminal proceeding, the
Secretary shall give the person alleged to have committed
such violation—
(1) reasonable notice that the Secretary intends
to report such violation for prosecution; and
(2) an opportunity to present to the Secretary,
orally or in writing, views with respect to such pro-
ceeding.
(d) CIVIL PENALTIES.—In lieu of proceeding under
subsection (a) above any person who violates this Act or
any regulations issued thereunder may be liable to the
United States for a civil penalty in an amount not to ex-
ceed $10,000. A civil penalty under this paragraph may
be assessed by the Secretary of Agriculture in the case
of violations arising under section 110, and by the Sec-
retary in the case of violations arising under other provi-
sions of this Act, by an order made on the record after
opportunity for a hearing provided in accordance with this
paragraph and section 554 of title 5, United States Code.
Before issuing such an order, the Secretary shall give writ-
ten notice to the person to be assessed a civil penalty of
the Secretary’s proposal to issue such order and provide
such person an opportunity for a hearing. In determining
the amount of any civil penalty, such Secretary shall take
into account the nature, circumstances, extent, and grav-
ity of the violation or violations and, with respect to the
violator, ability to pay, effect on ability to continue to do
business, any history of prior such violations, the degree
of culpability, and other matters as justice may require.
The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that may be assessed
under this paragraph. The amount of such penalty, when
finally determined, or the amount agreed upon in com-
promise, may be deducted from any sums owing by the
United States to the person charged.
SEC. 407. OTHER FEDERAL LAWS APPLICABLE TO ADMINIS-
TRATION AND ENFORCEMENT OF ACT.
For the efficient administration and enforcement of
this Act, the provisions (including penalties) of sections
6, 8, 9, and 10 of the Act entitled ‘‘An Act to create a
Federal Trade Commission, to define its powers and du-
ties, and for other purposes,’’ approved September 26,
1914 (38 Stat. 721 09723, as amended: 15 U.S.C. 46,
48, 49, and 50) (except subsections (c) through (h) of sec-
tion 6 and the last paragraph of section 9), and the provi-
sions of subsection 409(1) of the Communications Act of
1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are
made applicable to the jurisdiction, powers, and duties of
the Secretary in administering and enforcing the provi-
sions of this Act and to any person, firm, or corporation
with respect to whom such authority is exercised. The Sec-
retary, in person or by such agents as he or she may des-
ignate, may prosecute any inquiry necessary to his or her
duties under this Act in any part of the United States,
and the powers conferred by said sections 9 and 10 of
the Act of September 26, 1914, as amended, on the dis-
trict courts of the United States may be exercised for the
purposes of this Act by any court designated in section
404.
SEC. 408. STATE JURISDICTION OVER FEDERALLY REGU-
LATED MATTERS.
(a) INSPECTION.—Requirements within the scope of
this Act with respect to premises, facilities, and operations
of any establishment at which inspection is provided under
title I, which are in addition to, or different than those
made under this Act may not be imposed by any State
or Territory or the District of Columbia. However, any
such jurisdiction may impose record keeping and other re-
quirements within the scope of section 202, if consistent
with such section, with respect to any such establishment.
(b) MARKING, LABELING, AND PACKAGING.—
(1) Marking, labeling, packaging, or ingredient
requirements in addition to or different than those
made under this Act may not be imposed by any
State or Territory or District of Columbia with re-
spect to articles prepared at any establishment
under Federal inspection in accordance with the re-
quirements of title I or with respect to articles pre-
pared for commerce at any State inspected establish-
ment in accordance with the requirements of section
301(d).
(2) A State or Territory or the District of Co-
lumbia may, consistent with the requirements under
this Act, exercise concurrent jurisdiction with the
Secretary over articles distributed in commerce or
otherwise subject to the Act, for the purpose of pre-
venting the distribution for human food purposes of
any such articles which are not in compliance with
the requirements under this Act and are outside of
any federally or State inspected establishment, or in
the case of imported articles, which are not at such
an establishment, after their entry into the United
States.
(c) CONSISTENT STATE ACTION PERMITTED.—This
Act shall not preclude any State or Territory or the Dis-
trict of Columbia from imposing a requirement or taking
other actions, consistent with this Act, with respect to any
other matters regulated under this Act.
SEC. 409. FEDERAL FOOD, DRUG, AND COSMETIC ACT AP-
PLICATIONS.
(a) CONSISTENCY WITH FFDCA.—Notwithstanding
any other provisions of law, including section 902(b) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
392(a)), the provisions of this Act shall not derogate from
any authority conferred by the Federal Food, Drug, and
Cosmetic Act prior to enactment of this Act.
(b) DETAINER AUTHORITY FOR ARTICLES OUTSIDE
OF INSPECTED FACILITY.—The detainer authority con-
ferred by section 402 shall apply to any authorized rep-
resentative of the Secretary of Health and Human Serv-
ices for purposes of the enforcement of the Federal Food,
Drug, and Cosmetic Act with respect to any livestock or
poultry carcass, seafood, meat product, poultry product,
or seafood product, that is outside any premises at which
inspection is being maintained under this Act, and for
such purposes the first reference to the Secretary in sec-
tion 402 shall be deemed to refer to the Secretary of
Health and Human Services.
TITLE V—PUBLIC EDUCATION
SEC. 501. EDUCATION.
The Secretary shall, in cooperation with the State de-
partments of agriculture, slaughterers, processors, univer-
sities, producers, cooperative extension services, other ap-
propriate State entities, and other interested parties de-
sign and implement a national public education program
on meat, poultry, and seafood products. The program shall
provide, but is not limited to—
(1) information to the public regarding Federal
good practice requirements and promotion of public
awareness, understanding, and acceptance of such
requirements;
(2) advice to individuals involved in recreational
and subsistence fisheries concerning the health haz-
ards associated with the seafood they may harvest
and the precautions they should take to safeguard
themselves and others from those hazards;
(3) information to consumers regarding appro-
priate handling and preparation of meat, poultry,
and seafood products, as well as information for pro-
ducers, processors, and food service handlers;
(4) such other information or advice to consum-
ers and other persons as the Secretary determines
will promote the purposes of this Act; and
(5) new technologies, such as irradiation, to
produce a safer food supply.
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. RESEARCH.
The Secretary of Agriculture may conduct research
to assist the implementation of this Act, including studies
to—
(1) improve sanitation and safety practices in
the processing of meat, poultry, and seafood prod-
ucts;
(2) develop improved techniques for the mon-
itoring and inspection of meat, poultry, and seafood
products;
(3) develop efficient, rapid, and sensitive meth-
ods for determining and detecting the presence of
contaminants in livestock, poultry, or seafood and in
meat, poultry, and seafood products;
(4) determine the sources of contamination of
livestock, poultry, or seafood, and meat, poultry, or
seafood products with contaminants;
(5) develop consumption data with respect to
meat, poultry, and seafood products; and
(6) develop epidemiological and ecological data
that will identify risk factors, diagnostic procedures,
critical control points, and intervention strategies for
pre-slaughter assurance programs.
SEC. 602. COST OF INSPECTION; OVERTIME.
The cost of inspection rendered under the require-
ments of this Act, shall be borne by the United States,
except that the cost of overtime and holiday work per-
formed in establishments subject to the provisions of this
Act at such rates as the Secretary may determine shall
be borne by such establishments. Sums received by the
Secretary in reimbursement for sums paid out by him for
such premium pay work shall be available without fiscal
year limitation to carry out the purposes of this section.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out the provisions of this Act.
SEC. 604. REPORTS TO CONGRESS.
The Secretary shall annually report to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate with respect to the slaughter of livestock, poultry,
and seafood subject to this Act, and the preparation, stor-
age, handling, and distribution of livestock and poultry
carcasses, seafood, meat products, poultry products, and
seafood products and inspection of establishments oper-
ated in connection therewith, including the status and ef-
fectiveness of inspection operations under this Act.
TITLE VII—REPEAL OF
SUPERSEDED LAWS
SEC. 701. POULTRY PRODUCTS INSPECTION ACT.
The Poultry Products Inspection Act (21 U.S.C. 451
et seq.) is repealed.
SEC. 702. FEDERAL MEAT INSPECTION ACT.
The Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) is repealed.
SEC. 703. RELATED LAWS.
(a) REPORTS
UNDER
THE
WHOLESOME
MEAT
ACT.—Section 17 of the Wholesome Meat Act (21 U.S.C.
691) is repealed.
(b) INSPECTION OF REINDEER.—The proviso in the
paragraph entitled ‘‘MEAT INSPECTION, BUREAU OF ANI-
MAL INDUSTRY’’ under the heading ‘‘BUREAU OF ANI-
MAL INDUSTRY’’ in the Act of June 30, 1914 (21
U.S.C. 692), is repealed.
(c) INSPECTION
OF DAIRY PRODUCTS
FOR EX-
PORT.—The first proviso in the third paragraph under the
heading ‘‘BUREAU OF ANIMAL INDUSTRY’’ in the
Act of May 23, 1908 (21 U.S.C. 693), is repealed.
(d) PAYMENT OF COST OF MEAT INSPECTION SERV-
ICES.—The Act entitled ‘‘An Act relating to the meat-in-
spection service of the Department of Agriculture’’, ap-
proved June 8, 1948 (21 U.S.C. 695), is repealed.
SEC. 704. CONFORMING AMENDMENTS.
(a) FOOD, AGRICULTURE, CONSERVATION, 
AND
TRADE ACT OF 1990.—The Food, Agriculture, Conserva-
tion, and Trade Act of 1990 is amended—
(1) in section 1327(a) (7 U.S.C. 138f(a)), by
striking ‘‘, the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), or the Poultry Products Inspec-
tion Act (21 U.S.C. 451 et seq.)’’ and inserting ‘‘or
the Meat, Poultry, and Seafood Inspection Reform
Act of 1996’’; and
(2) in section 2120(f) (7 U.S.C. 6519(f))—
(A) by striking ‘‘the Federal Meat Inspec-
tion Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et
seq.),’’ and inserting ‘‘the Meat, Poultry, and
Seafood Inspection Reform Act of 1996’’; and
(B) by striking ‘‘meat, poultry and egg
products’’ and inserting ‘‘meat, poultry, sea-
food, and egg products’’.
(b) CONSUMER PRODUCT SAFETY ACT.—Section
3(a)(1)(I) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(1)(I)) is amended by striking ‘‘poultry and poul-
try products (as defined in sections 4 (e) and (f) of the
100
Poultry Products Inspection Act), meat, meat food prod-
ucts (as defined in section 1(j) of the Federal Meat Inspec-
tion Act),’’ and inserting ‘‘livestock, poultry, seafood, and
their products regulated under the Meat, Poultry, and
Seafood Inspection Reform Act of 1996’’.
(c) TOXIC SUBSTANCES CONTROL ACT.—Section
3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended by striking ‘‘poultry and poultry
products (as defined in sections 4(e) and 4(f) of the Poul-
try Products Inspection Act), meat and meat food prod-
ucts (as defined in section 1(j) of the Federal Meat Inspec-
tion Act),’’ and inserting ‘‘livestock, poultry, seafood, and
their products regulated under the Meat, Poultry, and
Seafood Inspection Reform Act of 1996’’.
(d) ENDANGERED SPECIES ACT OF 1973.—Section
11(h) of the Endangered Species Act of 1973 (16 U.S.C.
1540(h)) is amended by striking ‘‘, and 612–614)’’ and
inserting ‘‘), section 132 of the Meat, Poultry, and Sea-
food Inspection Reform Act of 1996,’’.
(e) VIRUSES, SERUMS, TOXINS, AND ANALOGOUS
PRODUCTS.—The eighth paragraph of the matter under
the heading ‘‘BUREAU OF ANIMAL INDUSTRY’’ of
the Act of March 4, 1913 (21 U.S.C. 159), is amended—
(1) by striking ‘‘the Federal Meat Inspection
Act (21 U.S.C. 672, 673, and 674)’’ and inserting
101
‘‘the Meat, Poultry, and Seafood Inspection Reform
Act of 1996’’; and
(2) by striking ‘‘(21 U.S.C. 675)’’.
(f) FEDERAL FOOD, DRUG, AND COSMETIC ACT.—
The Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) is amended—
(1) in section 201(s)(4) (21 U.S.C. 321(s)(4)),
by striking ‘‘the Poultry Products Inspection Act
(21 U.S.C. 451 and the following) or the Meat In-
spection Act of March 4, 1907 (34 Stat. 1260), as
amended and extended (21 U.S.C. 71 and the fol-
lowing)’’ and inserting ‘‘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.), as in effect
before the date of the enactment of the Meat, Poul-
try, and Seafood Inspection Reform Act of 1996’’;
and
(2) in section 902 (21 U.S.C. 392(a)), by strik-
ing subsection (b) and inserting the following new
subsection:
‘‘(b) Livestock, poultry, seafood, and their products
regulated under the Meat, Poultry, and Seafood Inspec-
tion Reform Act of 1996 shall be exempt from the provi-
sions of this Act.’’.
102
TITLE VIII—EFFECTIVE DATE
SEC. 801. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect 30 days after the date of the enactment of this
Act.
Æ