cedures, and methods designed to limit and control
human pathogens and other potentially harmful sub-
stances present on or in poultry and poultry prod-
ucts. The ongoing review shall include, as necessary,
epidemiologic and other scientific studies to ascer-
tain the efficiency and efficacy of the regulations,
processes, procedures, and methods.
‘‘(2) CONSULTATION.—In carrying out para-
graphs (1) and (3) of subsection (c), subsection (d),
subsection (e)(1), and paragraph (1), the Secretary
shall consult with the Assistant Secretary for
Health, the Director of the Centers for Disease Con-
trol and Prevention, the Commissioner of Food and
Drugs, and the heads of such other Federal and
State public health agencies as the Secretary consid-
ers appropriate.
‘‘SEC. 31. HAZARD CONTROLS.
‘‘(a) REGULATIONS.—
‘‘(1) ISSUANCE.—Not later than one year after
the date of enactment of this section, the Secretary
shall issue regulations that require an official estab-
lishment to—
‘‘(A) adopt processing controls that are
adequate to protect public health; and
‘‘(B) limit the presence and growth of
human pathogens and other potentially harmful
substances in poultry and poultry products pre-
pared in the establishment.
‘‘(2) CONTENT.—The regulations shall—
‘‘(A) set standards for sanitation;
‘‘(B) set interim limits for biological,
chemical, and physical hazards, as appropriate;
‘‘(C) require processing controls to ensure
that relevant regulatory standards are met;
‘‘(D) require recordkeeping to monitor
compliance;
‘‘(E) require sampling to ensure that proc-
essing controls are effective and that regulatory
standards are being met; and
‘‘(F) provide for agency access to records
kept by official establishments and submission
of copies of the records to the Secretary as the
Secretary considers appropriate.
‘‘(3) PUBLIC ACCESS.—Public access to records
that relate to the adequacy of measures taken by an
official establishment to protect the public health,
and to limit the presence and growth of human
pathogens and other potentially harmful substances,
shall be subject to section 552 of title 5, United
States Code.
‘‘(4) PROCESSING
CONTROLS.—The Secretary
may, as the Secretary considers necessary, require
any person with responsibility for, or control over,
any poultry or poultry products intended for human
consumption to adopt processing controls, if the
processing controls are needed to ensure the protec-
tion of public health.
‘‘(b) ADVISORY BOARD.—On the issuance of regula-
tions under subsection (a), the Secretary shall convene an
advisory board on meat and poultry safety in accordance
with section 502(b) of the Federal Meat Inspection Act.
‘‘(c) LABELING.—Notwithstanding any other provi-
sion of this Act, if the Secretary discontinues carcass-by-
carcass inspection of poultry, the ‘USDA Inspected for
Wholesomeness’ seal, or a similar seal, shall not be affixed
to any poultry and poultry products derived from the poul-
try prepared in any official establishment.
‘‘SEC. 32. VOLUNTARY GUIDELINES FOR RETAIL ESTAB-
LISHMENTS.
‘‘(a) STANDARDS.—
‘‘(1) IN GENERAL.—In consultation with rep-
resentatives of States, the Conference for Food Pro-
tection, the Association of Food and Drug Officials,
and Federal agencies, the Secretary shall establish
minimum standards for the handling, processing,
and storage of poultry and poultry products at retail
stores, restaurants, and similar types of retail estab-
lishments (collectively referred to in this section as
‘retail establishments’).
‘‘(2) CONTENT.—The standards shall—
‘‘(A) be designed to ensure that poultry
and poultry products sold by the retail estab-
lishments are safe for human consumption;
‘‘(B) be based on the principles of preven-
tive controls; and
‘‘(C) include—
‘‘(i) safe food processing and handling
practices for retail establishments, includ-
ing time and temperature controls on poul-
try and poultry products sold by the estab-
lishments;
‘‘(ii) equipment handling practices, in-
cluding standards for the cleaning and
sanitization of food equipment and uten-
sils;
‘‘(iii) minimum personnel hygiene re-
quirements; and
‘‘(iv) requirements for the use of tem-
perature warning devices on raw poultry or
poultry products to alert consumers to in-
adequate temperature controls.
‘‘(b) GUIDELINES.—
‘‘(1) ISSUANCE.—Not later than 18 months
after the date of enactment of this section, the Sec-
retary, after notice and opportunity for comment,
shall issue guidelines for retail establishments that
offer poultry and poultry products that include the
standards established under subsection (a).
‘‘(2) COMPLIANCE.—Not later than 18 months
after the date of enactment of this section, the Sec-
retary shall issue a final regulation defining the cir-
cumstances that constitute substantial compliance by
retail establishments with the guidelines issued
under paragraph (1). The regulation shall provide
that there is not substantial compliance if a signifi-
cant number of retail establishments have failed to
comply with the guidelines.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than three
years after the date of enactment of this sec-
tion, the Secretary shall issue a report to Con-
gress on actions taken by retail establishments
to comply with the guidelines. The report shall
include a determination of whether there is sub-
stantial compliance with the guidelines.
‘‘(B) SUBSTANTIAL COMPLIANCE.—If the
Secretary determines that there is substantial
compliance with the guidelines, the Secretary
shall issue a report and make a determination
in accordance with subparagraph (A) not less
than every 2 years.
‘‘(C) NO
SUBSTANTIAL
COMPLIANCE.—If
the Secretary determines that there is not sub-
stantial compliance with the guidelines, the Sec-
retary shall (at the time the determination is
made) issue proposed regulations requiring that
retail establishments comply with the guide-
lines. The Secretary shall issue final regulations
imposing the requirement not later than 180
days after issuance of any proposed regulations.
Any final regulations shall become effective 180
days after the date of the issuance of the final
regulations.
‘‘(c) ENFORCEMENT.—A State may bring, in the
name of the State and within the jurisdiction of the State,
a proceeding for the civil enforcement, or to restrain a vio-
lation, of final regulations issued pursuant to subsection
(b)(3)(C) if the food that is the subject of the proceeding
is located in the State.
‘‘SEC. 33. LIVESTOCK TRACEBACK.
‘‘(a) IN GENERAL.—
‘‘(1) IDENTIFICATION.—For the purpose of un-
derstanding the nature of foodborne illness and
minimizing the risks of foodborne illness from poul-
try and poultry products distributed in commerce,
the Secretary shall, as the Secretary considers nec-
essary, prescribe by regulation that poultry pre-
sented for slaughter for human food purposes be
identified in a manner prescribed by the Secretary to
enable the Secretary to trace each poultry to any
premises at which the poultry has been held for such
period prior to slaughter as the Secretary considers
necessary to carry out this Act.
‘‘(2) 
PROHIBITION
OR
RESTRICTION
ON
ENTRY.—The Secretary may prohibit or restrict
entry into any slaughtering establishment inspected
under this Act of any poultry not identified as pre-
scribed by the Secretary.
‘‘(b) RECORDS.—
‘‘(1) IN GENERAL.—The Secretary may require
that a person required to identify poultry pursuant
to subsection (a) maintain accurate records, as pre-
scribed by the Secretary, regarding the purchase,
sale, and identification of the poultry.
‘‘(2) ACCESS.—A person subject to paragraph
(1) shall, at all reasonable times, on notice by a duly
authorized representative of the Secretary, afford
the representative access to the place of business of
the person and an opportunity to examine the
records of the person and copy the records.
‘‘(3) DURATION.—Any record required to be
maintained under this subsection shall be main-
tained for such period of time as the Secretary pre-
scribes.
‘‘(c) FALSE INFORMATION.—No person shall falsify
or misrepresent to the Secretary or any other person any
information concerning the premises at which any poultry
were held.
‘‘(d) MAINTENANCE OF RECORDS.—No person shall,
without authorization from the Secretary, alter, detach, or
destroy any records or other means of identification pre-
scribed by the Secretary for use in determining the prem-
ises at which were held any poultry.
‘‘(e) HUMAN PATHOGENS OR OTHER HARMFUL SUB-
STANCES.—
‘‘(1) IDENTIFICATION OF SOURCE.—If the Sec-
retary finds any human pathogen or any other po-
tentially harmful substance in any poultry at the
time the poultry is presented for slaughter or in any
poultry or poultry products prepared in an official
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 other potentially harmful substance pre-
sents a threat to public health, the Secretary may
take such action as the Secretary considers nec-
essary to determine the source of the human patho-
gen or other potentially harmful substance.
‘‘(2) ACTION.—If the Secretary identifies the
source of any human pathogen or other potentially
harmful substance referred to in paragraph (1), the
Secretary may prohibit or restrict the movement of
any poultry or poultry products, or any other article
from any source of the human pathogen or other po-
tentially harmful substance until the Secretary de-
termines that the human pathogen or other poten-
tially harmful substance at the source no longer pre-
sents a threat to public health.
‘‘(f) PRODUCERS AND HANDLERS.—
‘‘(1) USE OF METHODS.—The Secretary shall
use any means of identification and recordkeeping
methods utilized by producers or handlers of poultry
whenever the Secretary determines that the means
of identification and recordkeeping methods will en-
able the Secretary to carry out this section.
‘‘(2) COOPERATION.—The Secretary may co-
operate with producers or handlers of poultry in
which any human pathogen or other potentially
harmful substance described in subsection (e)(1) is
found, to develop and carry out methods to limit or
eliminate the human pathogen or other potentially
harmful substance at the source.
‘‘SEC. 34. NOTIFICATION AND RECALL OF NONCONFORM-
ING ARTICLES.
‘‘(a) NOTIFICATION.—Any person preparing poultry
or poultry products for distribution in commerce who ob-
tains knowledge that provides a reasonable basis for be-
lieving that any poultry or poultry products—
‘‘(1) are unsafe for human consumption, adul-
terated, or not produced in accordance with section
30(a); 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 the articles.
‘‘(b) RECALL.—
‘‘(1) IN GENERAL.—If the Secretary finds, on
notification or otherwise, that any poultry or poultry
products—
‘‘(A) are unsafe for human consumption,
adulterated, or not produced in accordance with
section 30(a); or
‘‘(B) are misbranded;
the Secretary shall by order require any person en-
gaged in the processing, handling, transportation,
storage, importation, distribution, or sale of poultry
or poultry products to immediately cease any dis-
tribution of the poultry or poultry products, and to
recall the poultry or poultry products from commer-
cial distribution and use, if the Secretary determines
that there is a reasonable probability that the prod-
uct is unsafe for human consumption, adulterated,
or misbranded, unless the person is engaged in a
voluntary recall of the poultry or poultry products
that the Secretary considers adequate.
‘‘(2) ORDER.—The order shall—
‘‘(A) include a timetable during which the
recall shall occur;
‘‘(B) require periodic reports by the person
to the Secretary describing the progress of the
recall; and
‘‘(C) require notice to consumers to whom
the articles were, or may have been, distributed
as to how the consumers should treat the arti-
cle.
‘‘(c) INFORMAL HEARING.—
‘‘(1) IN GENERAL.—The order shall provide any
person subject to the order with an opportunity for
an informal hearing, to be held not later than 5 days
after the date of issuance of the order, on the ac-
tions required by the order.
‘‘(2) VACATION OF ORDER.—If, after providing
an opportunity for the hearing, the Secretary deter-
mines that inadequate grounds exist to support the
actions required by the order, the Secretary shall va-
cate the order.
‘‘(d) JUDICIAL RECALL.—A district court of the
United States may order any person engaged in the proc-
essing, handling, transportation, storage, importation, dis-
tribution, or sale of poultry or a poultry product to recall
the poultry or product if the court finds that there is a
reasonable probability that the poultry or poultry product
is unsafe for human consumption, adulterated, or mis-
branded.