SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Meat and Poultry
Pathogen Reduction and Enforcement Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The primary purpose of the Federal meat
and poultry inspection program is to protect public
health.
(2) The Centers for Disease Control and Pre-
vention report that human pathogens found in raw
and cooked meat, meat food products, poultry, and
poultry products are a significant source of
foodborne illness.
(3) To reduce the public health burden of
foodborne illness, the Federal meat and poultry in-
spection system should focus on reducing the risk of
foodborne illness associated with the presence of
foodborne pathogens.
(4) Good public health practice requires control-
ling pathogens as close as practicable to the initial
source of contamination to reduce pathogens and
prevent foodborne illness.
(5) There is a need for strong safeguards at
slaughter establishments during the slaughter and
processing of meat and poultry products because
those establishments are where pathogen contamina-
tion often originates.
(6) While proper handling and cooking of meat
and poultry products can virtually eliminate the risk
of foodborne illness from the consumption of meat
and poultry, the presence of pathogens in raw meat
and poultry products leads to cross-contamination of
other foods and surrounding surfaces.
(7) To reduce the risk of foodborne illness and
protect public health, regulatory authorities and all
parties involved in the production and handling of
meat, meat products, poultry, or poultry products
should make a concerted effort to reduce, to the
maximum extent practicable, contamination by
pathogens using the best available scientific informa-
tion and appropriate technology.
(8) The distribution of meat, meat food prod-
ucts, poultry, or poultry products that contain
human pathogens—
(A) impairs the effective regulation of
wholesome meat, meat food products, poultry,
or poultry products in interstate and foreign
commerce; and
(B) destroys markets for wholesome prod-
ucts.
(9) All articles and other animals that are sub-
ject to this Act and the amendments made by this
Act are either in or substantially affect interstate or
foreign commerce.
(10) Regulation by the Secretary of Agriculture
and cooperation by the States are necessary to pre-
vent or eliminate burdens on interstate or foreign
commerce and to protect the health and welfare of
consumers.
SEC. 3. PATHOGEN PERFORMANCE STANDARDS.
(a) MEAT AND MEAT PRODUCTS.—The Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) is amended by in-
serting after section 8 (21 U.S.C. 608) the following new
section:
‘‘SEC. 8A. PATHOGEN PERFORMANCE STANDARDS.
‘‘(a) IN GENERAL.—In order to protect the public
health and promote food safety, the Secretary shall pre-
scribe performance standards for the reduction of patho-
gens in raw meat and meat products processed by each
establishment receiving inspection services under this Act.
‘‘(b) LIST OF PATHOGENS.—
‘‘(1) IN
GENERAL.—In consultation with the
Secretary of Health and Human Services, and tak-
ing into account data available from the Centers for
Disease Control and Prevention, the Secretary shall
identify the pathogens that make a significant con-
tribution to the total burden of foodborne disease as-
sociated with meat and meat products.
‘‘(2) PUBLICATION; UPDATES.—The Secretary
shall—
‘‘(A) publish a list of the pathogens de-
scribed in paragraph (1) not later than 60 days
after the date of the enactment of this section;
and
‘‘(B) update and publish the list annually
thereafter.
‘‘(c) PATHOGEN SURVEYS.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this section, the
Secretary shall initiate comprehensive, statistically
representative surveys to determine the current lev-
els and incidence of contamination of raw meat and
meat products with the pathogens listed under sub-
section (b), including the variation in levels and inci-
dence of contamination among establishments.
‘‘(2) PUBLICATION.—Not later than 2 years
after the date of the enactment of this section, the
Secretary shall compile, and publish in the Federal
Register, the results of the surveys.
‘‘(3) UPDATES.—At least once every 3 years
after the preceding surveys are conducted, the Sec-
retary shall—
‘‘(A) conduct surveys described in para-
graph (1); and
‘‘(B) compile and publish the results of the
surveys in accordance with paragraph (2).
‘‘(d) PATHOGEN REDUCTION PERFORMANCE STAND-
ARDS.—
‘‘(1) IN
GENERAL.—The pathogen reduction
performance standards required under subsection (a)
shall ensure the lowest level or incidence of contami-
nation that is reasonably achievable using the best
available processing technology and practices.
‘‘(2) CURRENT
CONTAMINATION.—In deter-
mining what is reasonably achievable, the Secretary
shall consider data on current levels or incidence of
contamination, including what is being achieved by
establishments in the upper quartile of performance
in controlling the level or incidence of contamination.
‘‘(3) INITIAL PATHOGENS.—Not later than 3
years after the date of the enactment of this section,
the Secretary shall propose pathogen reduction per-
formance standards for at least 2 pathogens from
the list published under subsection (b).
‘‘(4) SUBSEQUENT
PATHOGENS.—Not later
than 1 year after proposing pathogen reduction
standards for the initial pathogens under paragraph
(3), and each year thereafter, the Secretary shall
propose a pathogen reduction performance standard
for at least 1 pathogen each year from the list pub-
lished under subsection (b) until standards have
been proposed for all pathogens on the list.
‘‘(5) FINAL
STANDARDS.—Not later than 1
year after proposing a pathogen reduction standard
for a pathogen under this subsection, the Secretary
shall promulgate a final pathogen reduction stand-
ard for the pathogen.
‘‘(e) REVIEW OF STANDARDS.—
‘‘(1) IN
GENERAL.—Not later than 3 years
after promulgation of a final pathogen reduction
performance standard for a pathogen under sub-
section (d)(5), the Secretary shall review the stand-
ard to determine whether the standard continues to
ensure the lowest level or incidence of contamination
that is reasonably achievable using the best available
processing technology and practices, taking into the
most recent surveys conducted under subsection (c).
health-based performance standards for pathogens in
raw meat and meat products.
‘‘(2) FACTORS.—In preparing the report, the
Secretary shall consider—
‘‘(A) the scientific feasibility of deter-
mining safe levels for pathogens in raw meat
and meat products;
‘‘(B) the scientific and public health cri-
teria that are relevant to determining the safe
levels; and
‘‘(C) other factors determined by the Sec-
retary.
‘‘(h) RELATIONSHIP
TO
ADULTERATION
PROVI-
SIONS.—Nothing in this section effects the applicability to
pathogens of the provisions of this Act relating to adulter-
ation.’’.
(b) POULTRY AND POULTRY PRODUCTS.—The Poul-
try Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by inserting after section 7 (21 U.S.C. 456) the
following new section:
‘‘SEC. 7A. PATHOGEN PERFORMANCE STANDARDS.
‘‘(a) IN GENERAL.—In order to protect the public
health and promote food safety, the Secretary shall pre-
scribe pathogen performance standards for the reduction
of pathogens in raw poultry and poultry products proc-
essed by each establishment receiving inspection services
under this Act.
‘‘(b) LIST OF PATHOGENS.—
‘‘(1) IN
GENERAL.—In consultation with the
Secretary of Health and Human Services, and tak-
ing into account data available from the Centers for
Disease Control and Prevention, the Secretary shall
identify the pathogens that make a significant con-
tribution to the total burden of foodborne disease as-
sociated with poultry and poultry products.
‘‘(2) PUBLICATION; UPDATES.—The Secretary
shall—
‘‘(A) publish a list of the pathogens de-
scribed in paragraph (1) not later than 60 days
after the date of the enactment of this section;
and
‘‘(B) update and publish the list annually
thereafter.
‘‘(c) PATHOGEN SURVEYS.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this section, the
Secretary shall initiate comprehensive, statistically
representative surveys to determine the current lev-
els and incidence of contamination of raw poultry
and poultry products with the pathogens listed
under subsection (b), including the variation in lev-
els and incidence of contamination among establish-
ments.
‘‘(2) PUBLICATION.—Not later than 2 years
after the date of the enactment of this section, the
Secretary shall compile, and publish in the Federal
Register, the results of the surveys.
‘‘(3) UPDATES.—At least once every 3 years
after the preceding surveys are conducted, the Sec-
retary shall—
‘‘(A) conduct surveys described in para-
graph (1); and
‘‘(B) compile and publish the results of the
surveys in accordance with paragraph (2).
‘‘(d) PATHOGEN REDUCTION PERFORMANCE STAND-
ARDS.—
‘‘(1) IN
GENERAL.—The pathogen reduction
performance standards required under subsection (a)
shall ensure the lowest level or incidence of contami-
nation that is reasonably achievable using the best
available processing technology and practices.
‘‘(2) CURRENT
CONTAMINATION.—In deter-
mining what is reasonably achievable, the Secretary
shall consider data on current levels or incidence of
contamination, including what is being achieved by
establishments in the upper quartile of performance
in controlling the level or incidence of contamination.
‘‘(3) INITIAL PATHOGENS.—Not later than 3
years after the date of the enactment of this section,
the Secretary shall propose pathogen reduction per-
formance standards for at least 2 pathogens from
the list published under subsection (b).
‘‘(4) SUBSEQUENT
PATHOGENS.—Not later
than 1 year after proposing pathogen reduction
standards for the initial pathogens under paragraph
(3), and each year thereafter, the Secretary shall
propose a pathogen reduction performance standard
for at least 1 pathogen each year from the list pub-
lished under subsection (b) until standards have
been proposed for all pathogens on the list.
‘‘(5) FINAL
STANDARDS.—Not later than 1
year after proposing a pathogen reduction standard
for a pathogen under this subsection, the Secretary
shall promulgate a final pathogen reduction stand-
ard for the pathogen.
‘‘(e) REVIEW OF STANDARDS.—
‘‘(1) IN
GENERAL.—Not later than 3 years
after promulgation of a final pathogen reduction
performance standard for a pathogen under sub-
section (d)(5), the Secretary shall review the stand-
ard to determine whether the standard continues to
ensure the lowest level or incidence of contamination
that is reasonably achievable using the best available
processing technology and practices, taking into the
most recent surveys conducted under subsection (c).
‘‘(2) REVISIONS.—The Secretary shall revise
the standard, as necessary, to comply with sub-
section (d).
‘‘(f) ENFORCEMENT.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct regular microbial testing in establishments pro-
ducing raw poultry and poultry products to deter-
mine compliance with the pathogen reduction per-
formance standards promulgated under this section.
‘‘(2) INSPECTIONS.—If the Secretary deter-
mines that an establishment fails to meet a standard
promulgated under subsection (d) and that the es-
tablishment fails to take appropriate corrective ac-
tion, as determined by the Secretary, the Secretary
shall refuse to allow any poultry or poultry product
subject to the standard and processed by the estab-
lishment to be labeled, marked, stamped or tagged
as ‘inspected and passed’.
‘‘(g) REPORT ON HEALTH-BASED PATHOGEN PER-
FORMANCE STANDARDS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of the enactment of this section, the Sec-
retary, in consultation with the Secretary of Health
and Human Services, shall submit to Congress a re-
port on the scientific feasibility of establishing
health-based performance standards for pathogens in
raw poultry and poultry products.
‘‘(2) FACTORS.—In preparing the report, the
Secretary shall consider—
‘‘(A) the scientific feasibility of deter-
mining safe levels for pathogens in raw poultry
and poultry products;
‘‘(B) the scientific and public health cri-
teria that are relevant to determining the safe
levels; and
‘‘(C) other factors determined by the Sec-
retary.
‘‘(h) RELATIONSHIP
TO
ADULTERATION
PROVI-
SIONS.—Nothing in this section effects the applicability to
pathogens of the provisions of this Act relating to adulter-
ation.’’.
SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBI-
OLOGY CRITERIA FOR FOODS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—In consultation with the Sec-
retary of Health and Human Services, the Secretary
of Agriculture (referred to in this section as the
‘‘Secretary’’) shall establish a National Advisory
Committee for Microbiology Criteria for Foods (re-
ferred to in this section as the ‘‘Committee’’).
(2) ADMINISTRATION.—The Committee shall
report to—
(A) the Secretary of Agriculture, acting
through the Under Secretary for Food Safety;
and
(B) the Secretary of Health and Human
Services, acting through the Assistant Secretary
for Health.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Committee shall be
composed of not fewer than 9 nor more than 15
members appointed by the Secretary, including a
Chairperson designated by the Secretary.
(2) QUALIFICATIONS.—In appointing members
of the Committee, the Secretary shall appoint indi-
viduals who—
(A) are qualified by education, training,
and experience to evaluate scientific and tech-
nical information on matters referred to the
Committee; and
(B) to the maximum extent practicable,
represent the fields of microbiology, risk assess-
ment, epidemiology, public health, food science,
veterinary medicine, and other relevant dis-
ciplines.
(3) PROHIBITION
ON
FEDERAL
GOVERNMENT
EMPLOYMENT.—A member of the Committee ap-
pointed under paragraph (1) shall not be an em-
ployee of the Federal Government.
(4) DATE
OF
APPOINTMENTS.—The appoint-
ment of an initial member of the Committee shall be
made not later than 90 days after the date of the
enactment of this Act.
(5) TERM.—A member of the Committee shall
be appointed for a term established by the Sec-
retary.
(c) MEETINGS.—
(1) INITIAL MEETING.—Not later than 30 days
after the date on which all members of the Com-
mittee have been appointed, the Committee shall
hold the initial meeting of the Committee.
(2) MEETINGS.—The Committee shall meet at
the call of the Chairperson, in consultation with the
Secretary.
(3) QUORUM.—A majority of the members of
the Committee shall constitute a quorum, but a less-
er number of members may hold hearings.
(4) CONFLICTS OF INTEREST.—
(A) IN
GENERAL.—Notwithstanding sec-
tions 201 through 209 of title 18, United
States Code, a conflict of interest involving the
appointment of a member of the Committee
shall be waived under section 208(b)(3) of that
title only if the member with the conflict of in-
terest is essential to the completion of the work
of the Committee.
(B) VOTING.—Notwithstanding subpara-
graph (A), a member of the Committee with a
conflict of interest on a matter before the Com-
mittee shall not be allowed to vote on the mat-
ter.
(d) DUTIES.—
(1) IN GENERAL.—The Committee shall provide
such independent, impartial, scientific advice to Fed-
eral food safety agencies as may be requested by the
Secretary for use in the development of an inte-
grated national food safety systems approach from
farm-to-final consumption to ensure the safety of do-
mestic, imported, and exported foods and reduce the
public health burden of foodborne illness.
(2) FOOD SAFETY STANDARDS AND REGULA-
TIONS.—
(A) IN GENERAL.—At the time at which
the Secretary submits to any Federal agency
for formal review and comment any standard or
regulation proposed under the Federal Meat In-
spection Act (21 U.S.C. 601 et seq.), the Poul-
try Products Inspection Act (21 U.S.C. 451 et
seq.), or any program administered by the
Under Secretary for Food Safety, the Secretary
shall make available to the Committee—
(i) the standard or regulation; and
(ii) relevant scientific and technical
information possessed by the Secretary on
which the proposed standard or regulation
is based.
(B) ADVICE AND COMMENTS.—Not later
than a date specified by the Secretary that is
not later than 90 days after receipt of the
standard or regulation, the Committee may
make available to the Secretary the advice and
comments of the Committee on the adequacy of
the scientific and technical basis for the pro-
posed standard or regulation, together with any
additional information the Committee considers
appropriate.
(C) CONTEMPORANEOUS REVIEW.—To the
maximum extent practicable, the review by the
Committee under subparagraph (A) shall be
conducted contemporaneously with review by
other Federal agencies.
(e) POWERS.—
(1) HEARINGS.—The Committee may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Committee considers advisable to carry out this sec-
tion.
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN
GENERAL.—The Committee may
secure directly from a Federal agency such in-
formation as the Committee considers necessary
to carry out this section.
(B) PROVISION OF INFORMATION.—On re-
quest of the Chairperson of the Committee, the
head of the agency shall provide the informa-
tion to the Committee.
(3) SUBCOMMITTEES AND INVESTIGATIVE PAN-
ELS.—
(A) IN
GENERAL.—The Committee may
establish such subcommittees and investigative
panels as the Secretary and the Committee de-
termine necessary to carry out this section.
(B) CHAIRPERSON.—Each subcommittee
and investigative panel shall be chaired by a
member of the Committee.
(4) POSTAL
SERVICES.—The Committee may
use the United States mails in the same manner and
under the same conditions as other agencies of the
Federal Government.
(5) GIFTS.—The Committee may accept, use,
and dispose of gifts or donations of services or prop-
erty.
(f) COMMITTEE PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—A member
of the Committee shall be compensated at a rate
equal to the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day (including travel time)
during which the member is engaged in the perform-
ance of the duties of the Committee.
(2) TRAVEL
EXPENSES.—A member of the
Committee shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter
I of chapter 57 of title 5, United States Code, while
away from the home or regular place of business of
the member in the performance of the duties of the
Committee.
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the
Committee may, without regard to the civil
service laws (including regulations), appoint
and terminate an executive director and such
other additional personnel as are necessary to
enable the Committee to perform the duties of
the Committee.
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director
shall be subject to confirmation by the Com-
mittee.
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided
in clause (ii), the Chairperson of the Com-
mittee may fix the compensation of the ex-
ecutive director and other personnel with-
out regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classifica-
tion of positions and General Schedule pay
rates.
(ii) MAXIMUM
RATE
OF
PAY.—The
rate of pay for the executive director and
other personnel shall not exceed the rate
payable for level V of the Executive Sched-
ule under section 5316 of title 5, United
States Code.
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mittee may procure temporary and intermittent serv-
ices in accordance with section 3109(b) of title 5,
United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as are necessary to carry
out this section, to remain available until expended.
(2) EXISTING
FUNDS.—Any funds that are
available to the National Advisory Committee on
Microbiological Criteria in existence on the date of
the enactment of this Act shall be made available to
the Committee.
SEC. 5. REGULATIONS.
(a) IN GENERAL.—Consistent with section 553 of
title 5, United States Code, the Secretary of Agriculture
shall have the authority to enforce the pathogen perform-
ance standards of the Secretary in effect on January 1,
2000.
(b) CHALLENGES.—Subsection (a) does not prevent
a challenge to the standards described in subsection (a)
on any basis other than the basis that the Secretary lacks
the authority to issue and enforce pathogen performance
standards promulgated in accordance with section 553 of
title 5, United States Code.
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