I 
108TH CONGRESS 
1ST SESSION H. R. 2203
To clarify the authority of the Secretary of Agriculture to prescribe perform-
ance standards for the reduction of pathogens in meat, meat products, 
poultry, and poultry products processed by establishments receiving in-
spection services and to enforce the Hazard Analysis and Critical Control 
Point (HACCP) System requirements, sanitation requirements, and the 
performance standards. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2003
Ms. ESHOO (for herself, Mr. ENGLISH, Ms. DELAURO, Mr. GEORGE MILLER 
of California, Mrs. NAPOLITANO, Ms. BALDWIN, Mr. UDALL of New Mex-
ico, Ms. SLAUGHTER, Ms. CORRINE BROWN of Florida, Mr. BROWN of 
Ohio, and Mr. WAXMAN) introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To clarify the authority of the Secretary of Agriculture to 
prescribe performance standards for the reduction of 
pathogens in meat, meat products, poultry, and poultry 
products processed by establishments receiving inspection 
services and to enforce the Hazard Analysis and Critical 
Control Point (HACCP) System requirements, sanitation 
requirements, and the performance standards.
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 ‘‘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 products, poultry, and poul-
try products are a significant source of foodborne ill-
ness. 
(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 through—
(A) establishment and enforcement of per-
formance standards for the reduction of patho-
gens in meat, meat products, poultry, and poul-
try products processed by establishments receiv-
ing inspection services; and
(B) enforcement of the Hazard Analysis 
and Critical Control Point (HACCP) System 
requirements and sanitation requirements. 
(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 meat products because those 
establishments are where pathogen contamination 
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 products, 
poultry, or poultry products that contain human 
pathogens—
(A) impairs the effective regulation of 
wholesome meat, meat products, poultry, or 
poultry products in interstate and foreign com-
merce; 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. 
‘‘(6) ZERO-TOLERANCE
STANDARDS.—Nothing 
in this section affects the authority of the Secretary
tablishment fails to take appropriate corrective ac-
tion, as determined by the Secretary, the Secretary 
shall refuse to allow any meat or meat product sub-
ject to the standard and processed by the establish-
ment 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 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 affects the applicability 
to pathogens of the provisions of this Act relating to adul-
teration.’’. 
(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. 
‘‘(6) ZERO-TOLERANCE
STANDARDS.—Nothing 
in this section affects the authority of the Secretary 
to establish a zero-tolerance pathogen reduction per-
formance standard.
‘‘(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 ac-
count the most recent surveys conducted under sub-
section (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 affects the applicability 
to pathogens of the provisions of this Act relating to adul-
teration.’’. 
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
(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. ENFORCEMENT OF HACCP AND SANITATION RE-
QUIREMENTS. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
enforce the Hazard Analysis and Critical Control Point 
(HACCP) System requirements established under part 
417 of title 9, Code of Federal Regulations (or successor 
regulations), and the sanitation requirements established 
under part 416 of title 9, Code of Federal Regulations 
(or successor regulations), in any official establishment. 
(b) ENFORCEMENT.—
(1) IN GENERAL.—If the Secretary determines 
that an establishment fails to meet a requirement 
described in subsection (a) and that the establish-
ment fails to take appropriate corrective action, as 
determined by the Secretary, the Secretary may 
refuse to allow any meat or meat product, or poultry 
or poultry product, subject to the standard and proc-
essed by the establishment to be labeled, marked, 
stamped or tagged as ‘‘inspected and passed’’. 
(2) ADDITIONAL
AUTHORITY.—The authority 
provided under paragraph (1) is in addition to any 
other authority the Secretary may have to enforce 
the requirements of this section.
SEC. 6. 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 accordance with the 
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and 
the Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.). 
(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. 
(c) EFFECTIVE DATE.—This section takes effect on 
January 1, 2000.
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