‘‘(3) SCOPE
OF
REVIEW.—In a civil action 
under paragraph (2), the validity and appropriate-
ness of the order of the Secretary assessing the civil 
penalty shall not be subject to review. 
‘‘(d) REFUSAL
OR WITHDRAWAL
OF INSPECTION 
PENDING PAYMENT.—If a person fails to pay the amount 
of a civil penalty after the order assessing the civil penalty 
has become a final order, the Secretary may refuse to pro-
vide or withdraw inspection under title I of the person 
until the civil penalty is paid or until the Secretary directs 
otherwise. 
‘‘(e) PENALTIES IN LIEU OF OTHER ACTIONS.— 
Nothing in this Act requires the Secretary to report for 
prosecution, or for the commencement of an action, any 
violation of this Act in any case in which the Secretary 
believes that the public interest will be adequately served 
by the assessment of a civil penalty under this section. 
‘‘(f) REMEDIES NOT EXCLUSIVE.—The remedies au-
thorized by this section shall be in addition to any other 
remedies that may be available.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1 of the Federal Meat Inspection 
Act (21 U.S.C. 601) is amended by adding at the 
end the following: 
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‘‘(x) 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 corpora-
tion’’ each place it appears and inserting ‘‘per-
son’’; 
(B) by striking ‘‘persons, firms, and cor-
porations’’ each place it appears and inserting 
‘‘persons’’; and 
(C) by striking ‘‘persons, firms, or corpora-
tions’’ each place it appears and inserting ‘‘per-
sons’’. 
SEC. 3. FOOD SAFETY ENFORCEMENT FOR POULTRY AND 
POULTRY FOOD PRODUCTS. 
The Poultry Products Inspection Act (21 U.S.C. 451 
et seq.) is amended— 
(1) in the first sentence of section 5(c)(1) (21 
U.S.C. 454(c)(1))— 
(A) by striking ‘‘, by thirty days prior to 
the expiration of two years after enactment of 
the Wholesome Poultry Products Act,’’; and 
(B) by striking ‘‘sections 1–4, 6–10, and 
12–22 of this Act’’ and inserting ‘‘sections 1 
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through 4, 6 through 10, 12 through 22, and 
31 through 33’’; and 
(2) by adding at the end the following: 
‘‘SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL 
OF ADULTERATED OR MISBRANDED ARTI-
CLES. 
‘‘(a) NOTIFICATION TO SECRETARY OF VIOLATION.— 
‘‘(1) IN
GENERAL.—A person (other than a 
household consumer) that has reason to believe that 
any poultry or poultry product (referred to in this 
section as an ‘article’) transported, stored, distrib-
uted, or otherwise handled by the person is adulter-
ated or misbranded shall, as soon as practicable, no-
tify the Secretary of the identity and location of the 
article. 
‘‘(2) MANNER OF NOTIFICATION.—Notification 
under paragraph (1) shall be made in such manner 
and by such means as the Secretary may require by 
regulation. 
‘‘(b) RECALL AND CONSUMER NOTIFICATION.— 
‘‘(1) VOLUNTARY ACTIONS.—On receiving noti-
fication under subsection (a) or by other means, if 
the Secretary finds that an article is adulterated or 
misbranded and that there is a reasonable prob-
ability that human consumption of the article would 
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present a threat to public health (as determined by 
the Secretary), the Secretary shall provide all appro-
priate persons (as determined by the Secretary), 
that transported, stored, distributed, or otherwise 
handled the article with an opportunity— 
‘‘(A) to cease distribution of the article; 
‘‘(B) to notify all persons that transport, 
store, distribute, or otherwise handle the article, 
or to which the article has been transported, 
sold, distributed, or otherwise handled, to cease 
immediately distribution of the article; 
‘‘(C) to recall the article; 
‘‘(D) in consultation with the Secretary, to 
provide notice of the finding of the Secretary to 
all consumers to which the article was, or may 
have been, distributed; or 
‘‘(E) to notify State and local public health 
officials. 
‘‘(2) MANDATORY ACTIONS.—If the appropriate 
person referred to in paragraph (1) does not carry 
out the actions described in that paragraph with re-
spect to an article within the time period and in the 
manner prescribed by the Secretary, the Secretary— 
‘‘(A) shall require the person— 
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‘‘(i) to immediately cease distribution 
of the article; and 
‘‘(ii) to immediately make the notifica-
tion described in paragraph (1)(B); and 
‘‘(B) may take control or possession of the 
article. 
‘‘(3) NOTICE TO CONSUMERS AND HEALTH OF-
FICIALS.—The Secretary shall, as the Secretary de-
termines to be necessary, provide notice of the find-
ing of the Secretary under paragraph (1) to con-
sumers to which the article was, or may have been, 
distributed and to appropriate State and local health 
officials. 
‘‘(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person that transports, stores, distributes, 
or otherwise handles the article, or to which the arti-
cle has been transported, sold, distributed, or other-
wise handled, and that is notified under paragraph 
(1)(B) or (2)(B) shall cease immediately distribution 
of the article. 
‘‘(5) AVAILABILITY
OF
RECORDS
TO
SEC-
RETARY.—Each appropriate person referred to in 
paragraph (1) that transported, stored, distributed, 
or otherwise handled an article shall make available 
to the Secretary information necessary to carry out 
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this subsection, as determined by the Secretary, re-
garding— 
‘‘(A) persons that transport, store, dis-
tribute, or otherwise handle the article; and 
‘‘(B) persons to which the article has been 
transported, sold, distributed, or otherwise han-
dled. 
‘‘(c) INFORMAL HEARINGS ON ORDERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
a person subject to an order under subsection (b) 
with an opportunity for an informal hearing (in ac-
cordance with such rules or regulations as the Sec-
retary shall prescribe) on— 
‘‘(A) the actions required by the order; and 
‘‘(B) any reasons why the article that is 
the subject of the order should not be recalled. 
‘‘(2) TIMING
OF
HEARINGS.—The Secretary 
shall hold a hearing under paragraph (1) as soon as 
practicable, but not later than 2 business days, after 
the date of issuance of the order. 
‘‘(d) POST-HEARING RECALL ORDERS.— 
‘‘(1) AMENDMENT OF ORDERS.—If, after pro-
viding an opportunity for an informal hearing under 
subsection (c), the Secretary determines that there is 
a reasonable probability that human consumption of 
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