ard of fill of container applicable thereto, unless
its label bears, in such manner and form as
such regulations specify, a statement that it
falls below such standard.
(I)(i) The regulated article is not subject
to subparagraph (G) and the label of the article
does not bear—
(I) the common or usual name of the
food, if any there be; and
(II) in case it is fabricated from two
or more ingredients, the common or un-
usual name of each such ingredient.
(ii) Spices, flavorings, and colorings may,
when authorized by the Secretary, be des-
ignated as spices, flavorings, and colorings
without naming each. To the extent that com-
pliance with subclause (II) of clause (i) is im-
practicable, or results in deception or unfair
competition, exemptions shall be established by
regulations promulgated by the Secretary.
(J) The regulated article purports to be or
is represented for special dietary uses, unless its
label bears such information concerning its vita-
min, mineral, and other dietary properties as
the Secretary, after consultation with the Sec-
retary of Health and Human Services, deter-
mines to be, and by regulation prescribes as,
necessary in order fully to inform purchasers as
to its value for such uses.
(K) The regulated article contains any ar-
tificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating
that fact, except that, to the extent that compli-
ance with the requirements of this subpara-
graph is impracticable, exemptions shall be es-
tablished by regulations promulgated by the
Secretary.
(L) The regulated article fails to bear, di-
rectly thereon or on its container, as the Sec-
retary may by regulations prescribe, the inspec-
tion legend and, unrestricted by any of the fore-
going, such other information as the Secretary
may require in such regulation to assure that it
will not have false or misleading labeling and
that the public will be informed of the manner
of handling required to maintain the article in
a wholesome condition.
(9) PESTICIDE
CHEMICAL.—The term ‘‘pes-
ticide chemical’’ has the same meaning given the
term in section 201(q) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(q)).
(10) SIGNIFICANT RISK TO HUMAN HEALTH.—
The term ‘‘significant risk to human health’’ means
a hazard of such a nature that its prevention, elimi-
nation, or reduction to an acceptable level is essen-
tial to the production of a safe product. In determin-
ing whether a specific hazard poses a significant
risk, consideration is to be given to the frequency
and severity with which the hazard occurs, and to
whether the hazard can be controlled at a subse-
quent stage of processing.
(d) OTHER DEFINITIONS.—
(1) COMMERCE.—The term ‘‘commerce’’ means
commerce between any State or territory of the
United States, or the District of Columbia, and any
other State or territory of the United States, the
District of Columbia, or a foreign nation.
(2) OFFICIAL CERTIFICATE.—The term ‘‘offi-
cial certificate’’ means the certificate of any person
performing official functions under this Act, as de-
termined by the Secretary.
(3) OFFICIAL DEVICE.—The term ‘‘official de-
vice’’ means any device used to apply any official
mark, as determined by the Secretary.
(4) OFFICIAL INSPECTION LEGEND.—The term
‘‘official inspection legend’’ means any symbol indi-
cating that an article passed any inspection under
this Act, as determined by the Secretary.
(5) OFFICIAL MARK.—The term ‘‘official mark’’
means the official inspection legend or other symbol
used to identify the status of any article under this
Act, as determined by the Secretary.
(6) PANEL.—The term ‘‘Panel’’ means the Safe
Meat, Poultry, and Seafood Inspection Panel estab-
lished under section 144.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(8) STATE.—The term ‘‘State’’ means any
State of the United States.
(9) TERRITORY.—The term ‘‘territory’’ means
Puerto Rico, Guam, the Virgin Islands of the United
States, American Samoa, and any other territory or
possession of the United States, excluding the Canal
Zone.
(10) UNITED
STATES.—The term ‘‘United
States’’ means the States and territories of the
United States and the District of Columbia.
SEC. 3. CONGRESSIONAL INTENT AND STATEMENT OF
FINDINGS.
(a) IMPORTANCE
OF WHOLESOME, UNADULTER-
ATED, AND PROPERLY BRANDED PRODUCTS.—Congress
finds that meat products, poultry products, and seafood
products are an essential portion of the nation’s total food
supply. It is important that the Government work together
with producers, processors, and consumers to assure that
meat products, poultry products, and seafood products are
wholesome and unadulterated as well as properly marked,
labeled, and packaged, handled, prepared, and stored. Un-
wholesome, adulterated, misbranded, mishandled, improp-
erly prepared, or improperly stored meat products, poultry
products, and seafood products not only injure the public
health and safety, but also destroy markets for legitimate
products and result in losses to producers and processors.
It is intended that the only articles regulated under this
Act are those which are either in interstate or foreign com-
merce, or substantially affect such commerce.
(b) PARAMOUNT INTEREST OF FEDERAL INSPEC-
TION.—Congress finds that the paramount purpose of
Government oversight of the meat, poultry, and seafood
industries is to promote the public health and safety, and
that this purpose takes priority over aesthetic or economic
concerns.
(c) GOAL OF RISK- AND SCIENCE-BASED SYSTEM OF
INSPECTION.—Congress finds that promoting the public
health and safety can only be achieved with a risk-based
program that covers the entire food production system
from the raising, slaughtering, and processing of livestock,
poultry, or seafood to retail distribution and that covers
the proper handling, preparation, and storage of meat
products, poultry products, and seafood products. Fur-
ther, any program of Government oversight must be
science-based and focus on the prevention, not detection,
of food safety hazards to be effective and viable.
(d) IDENTIFICATION
OF HAZARDS
AND CONTROL
PROCEDURES.—Congress finds that a preventive program
of meat, poultry and seafood inspection requires the iden-
tification of hazards that pose a significant risk to the
public heath and implementation of scientifically recog-
nized control procedures to address such hazards.
(e) SUPPORT FOR STATE INSPECTION PROGRAMS.—
Because of the importance of meat, poultry, and seafood
products to the Nation’s food supply, Congress intends
that the Federal Government foster and support effective
State inspection programs under this Act to ensure com-
prehensive meat, poultry, and seafood inspection.
SEC. 4. TRANSFER OF JURISDICTION OVER SEAFOOD IN-
SPECTION.
(a) TRANSFER.—Upon the effective date of this Act,
Federal inspection responsibilities over seafood and sea-
food products is hereby transferred from the Food and
Drug Administration to the Food Safety and Inspection
Service of the Department of Agriculture.
(b) CONFORMING REPEAL.—Section 706 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 376) is
repealed.
TITLE I—INSPECTION AND LA-
BELING 
OF 
LIVESTOCK,
POULTRY, 
SEAFOOD, 
AND
THEIR PRODUCTS
Subtitle A—Inspection
Requirements
SEC. 101. ANTE-MORTEM EXAMINATION.
(a) EXAMINATION REQUIRED, PURPOSE.—
(1) IN GENERAL.—The Secretary shall provide
a written procedure for a risk-based ante-mortem ex-
amination of livestock, poultry, and seafood prior to
entry into a slaughtering facility. The examination
shall be for the purpose of detecting any abnormality
in the livestock, poultry, or seafood and to assure
compliance with any requirements imposed by sec-
tion 147. Livestock, poultry, or seafood showing an
abnormality shall be set apart and slaughtered only
after being examined separately by an official chosen
by the Secretary.
(2) SELF-INSPECTION AUTHORIZED.—Upon the
petition of a facility, the Secretary may permit the
ante-mortem examination to be conducted by one or
more representatives of that facility. In such cases,
the Secretary may prescribe the minimum qualifica-
tions for such representatives which shall not exceed
the minimum qualification of other officials chosen
by the Secretary to perform such examinations.
(3) WRITTEN PROCEDURE.—Petitions for self-
inspection shall contain a written procedure for con-
ducting ante-mortem examinations. The written pro-
cedure shall incorporate generally recognized control
procedures and corrective actions to enable the facil-
ity to monitor those physical, biological, and chemi-
cal hazards that pose a significant risk to human
health and to control such risks. A facility may limit
its written procedure to food safety concerns. Aes-
thetic and economic concerns need not be part of the
required procedure and shall not be subject to the
mandatory verification activities provided by this
section. All written procedures shall include—
(A) a provision empowering officials chosen
by the Secretary to verify compliance with the
written procedure;
(B) a provision specifying how the facility
will perform the ante-mortem examination of
livestock, poultry, and seafood required by this
section;
(C) a provision requiring the facility to
document both the procedure by which abnor-
malities are detected and the disposition of live-
stock, poultry, and seafood with abnormalities;
and
(D) a provision mandating that any live-
stock, poultry, and seafood to be used as
human food showing an abnormality shall be
set apart and examined separately by an official
chosen by the Secretary.
(b) VERIFICATION OF THE WRITTEN PROCEDURE.—
(1) VERIFICATION BY SECRETARY.—Following
the approval of a facility’s petition for self-inspec-
tion, the Secretary shall choose officials to verify a
facility’s compliance with its written procedure of
ante-mortem examination. The Secretary may re-
quire a slaughtering facility to maintain such
records as may be necessary to verify the facility’s
compliance with its written procedure.
(2) VERIFICATION
ACTIVITIES.—In verifying
the compliance of a slaughtering facility with its
written procedure, the officials chosen by the Sec-
retary shall review the following documents main-
tained by the facility—
(A) written procedure of ante-mortem ex-
amination;
(B) 
in-house 
monitoring 
and 
control
records;
(C) records of deviations and dispositions
taken;
(D) in-house reviews of the ante-mortem
examination procedures of the facility; and
(E) upon the request of the facility, the
quality assurance program, if any, adopted and
followed by the facility.
The officials chosen by the Secretary may also re-
view any other records generated by a facility’s writ-
ten procedure, make visual observations of the facili-
ty’s ante-mortem inspections, and take samples of
carcasses and products to ensure the facility is fol-
lowing its written procedure.
(c) REMEDIATION OF THE WRITTEN PROCEDURE.—
If a verification inspection raises questions as to whether
product produced under the written procedure of ante-
mortem examination poses an unacceptable risk to human
health, the official making the inspection shall notify the
facility, in writing, of the alleged deficiencies in the written
procedure and what corrective action is necessary. The fa-
cility may either amend its written procedure to conform
to the recommendations of the official making the inspec-
tion or appeal the matter. The Secretary shall provide an
expedited hearing process for such appeals. Until a final
administrative decision is rendered, the facility may con-
tinue to operate pursuant to its written procedure, unless
the Secretary makes an express factual determination that
product processed under that written procedure would
pose a direct and significant risk to public health and safe-
ty.
(d) DISPOSITION OF PRODUCT.—Except as provided
in subsection (c), any product produced in accordance with
the written procedure of ante-mortem examination may be
shipped in commerce. When a facility determines that a
deviation has occurred, the facility shall retain the product
and either reprocess the suspect product using generally
recognized procedures or destroy the product. Any product
so destroyed shall be deemed to have been condemned by
the Secretary.
(e) NONCOMPLIANCE WITH THE WRITTEN PROCE-
DURE.—Should an official making a verification inspec-
tion determine that a facility is not following its written
procedure, that official may increase verification activities
until the official determines the facility will follow the pro-
cedure without such increased verification. The official
also may retain product if such product would pose a di-
rect and significant risk to public health and safety. The
decision of any official under this subsection may be ap-
pealed to the Secretary by the facility. The Secretary shall
provide an expedited process to hear and decide such ap-
peals.
SEC. 102. POST-MORTEM EXAMINATION.
(a) EXAMINATION REQUIRED, PURPOSE.—
(1) IN GENERAL.—The Secretary shall provide
for a risk-based post-mortem examination of live-
stock and poultry carcasses and seafood at a slaugh-
tering facility. The Secretary is authorized, but is
not required, to accomplish such examination
through a separate inspection of each article follow-
ing its slaughter.
(2) SELF-INSPECTION AUTHORIZED.—Upon the
petition of a facility, the Secretary may permit the
post-mortem examination to be conducted by one or
more representatives of the facility pursuant to a
written procedure which is prepared by the facility
and based on the nature of the operations conducted
by the facility. In such cases, the Secretary may pre-
scribe minimum qualifications for such representa-
tives which shall not exceed the minimum qualifica-
tions of other officials chosen by the Secretary to
perform such examinations.
(3) CONTENTS
OF
THE
WRITTEN
PROCE-
DURE.—Petitions for self-inspection shall contain a
written procedure for conducting post-mortem ex-
aminations. The written procedure shall incorporate
generally recognized control procedures and correc-
tive actions to enable the facility to monitor those
physical, biological, and chemical hazards that pose
a significant risk to human health and to control
such risks. A facility may limit its written procedure
to food safety concerns. Aesthetic and economic con-
cerns need not be part of the required procedure and
shall not be subject to the mandatory verification ac-
tivities provided by this section. All written proce-
dures shall include—
(A) a provision empowering officials chosen
by the Secretary to verify compliance with the
written procedure;
(B) a provision specifying how the facility
will perform the post-mortem examination of
livestock and poultry carcasses and seafood re-
quired by this section;
(C) a provision requiring the facility to
document both the procedure by which abnor-
malities are detected and the disposition of live-
stock and poultry carcasses and seafood with
abnormalities; and
(D) a provision mandating that any live-
stock or poultry carcass or seafood to be used
as human food showing an abnormality shall be
set apart and examined separately by an official
chosen by the Secretary.
(b) VERIFICATION OF THE WRITTEN PROCEDURE.—
(1) VERIFICATION BY SECRETARY.—Following
the approval of a facility’s petition for self-inspec-
tion, the Secretary shall choose officials to verify a
facility’s compliance with its written procedure of
post-mortem examination. The Secretary may re-
quire a slaughtering facility to maintain such
records as may be necessary to verify the facility’s
compliance with its written procedure.
(2) VERIFICATION
ACTIVITIES.—In verifying
the compliance of a slaughtering facility with its
written procedure, the officials chosen by the Sec-
retary shall review the following documents main-
tained by the facility—
(A) written procedure of post-mortem ex-
amination;
(B) 
in-house 
monitoring 
and 
control
records;
(C) records of deviations and dispositions
taken;
(D) in-house reviews of the post-mortem
examination procedures of the facility; and
(E) upon the request of the facility, the
quality assurance program, if any, adopted and
followed by the facility.
The officials chosen by the Secretary may also re-
view any other records generated by a facility’s writ-
ten procedure, make visual observations of the facili-
ty’s post-mortem inspections, and take samples of
carcasses and products to ensure the facility is fol-
lowing its written procedure.
(c) REMEDIATION OF THE WRITTEN PROCEDURE.—
If a verification inspection raises questions as to whether
product produced under the written procedure of post-
mortem examination poses an unacceptable risk to human
health, the official making the inspection shall notify the
facility, in writing, of the alleged deficiencies in the written
procedure and what corrective action is necessary. The fa-
cility may either amend its written procedure to conform
to the recommendations of the official making the inspec-
tion or appeal the matter. The Secretary shall provide an
expedited hearing process for such appeals. Until a final
administrative decision is rendered, the facility may con-
tinue to operate pursuant to its written procedure, unless
the Secretary makes an express factual determination that
product processed under that written procedure would
pose a direct and significant risk to public health and safe-
ty.
(d) DISPOSITION OF PRODUCT.—Except as provided
in subsection (c), any product produced in accordance with
the written procedure of post-mortem examination may be
shipped in commerce. When a facility determines that a
deviation has occurred, the facility shall retain the product
and either reprocess the suspect product using generally
recognized procedures or destroy the product. Any product
so destroyed shall be deemed to have been condemned by
the Secretary.
(e) NONCOMPLIANCE WITH THE WRITTEN PROCE-
DURE.—Should an official making a verification inspec-
tion determine that a facility is not following its written
procedure, that official may increase verification activities
until the official determines the facility will follow the pro-
cedure without such increased verification. The official
also may retain product if such product would pose a di-
rect and significant risk to public health and safety. The
decision of any official under this subsection may be ap-
pealed to the Secretary by the facility. The Secretary shall
provide an expedited process to hear and decide such ap-
peals.
SEC. 103. PROCESSING EXAMINATION.
(a) EXAMINATION REQUIRED; PURPOSE.—
(1) IN GENERAL.—The Secretary shall provide
for a risk-based examination of meat products, poul-
try products, or seafood products at any processing
facility according to the requirements of this sec-
tion—
(2) SELF-INSPECTION AUTHORIZED.—Upon the
petition of a facility, the Secretary may permit the
processing examination to be conducted by one or
more representatives of the processing facility pursu-
ant to a written procedure which is prepared by the
facility and based on the nature of the operations
conducted by the facility. In such cases, the Sec-
retary may prescribe minimum qualifications for
such representatives which shall not exceed the mini-
mum qualifications of other officials chosen by the
Secretary to perform such examinations.
(3) WRITTEN PROCEDURE.—Petitions for self-
inspection shall contain a written procedure for con-
ducting processing examinations. The written proce-
dure shall incorporate generally recognized control
procedures and corrective actions to enable the proc-
essing facility to monitor those physical, biological,
and chemical hazards that pose a significant risk to
human health and to control such risks. A process-
ing facility may limit its written procedure to food
safety concerns only. Aesthetic and economic con-
cerns need not be part of the required procedure and
shall not be subject to the verification activities pro-
vided in this section. All written procedures shall in-
clude a provision empowering officials chosen by the
Secretary to verify compliance with the written pro-
cedure.
(b) VERIFICATION OF THE WRITTEN PROCEDURE.—
(1) VERIFICATION BY SECRETARY.—Following
the approval of a facility’s petition for self-inspec-
tion, the Secretary shall choose officials to verify a
facility’s compliance with its written procedure of
processing examination. The Secretary shall coordi-
nate the choice of such officials with other state and
Federal agencies to maximize the efficient use of
verification resources. The Secretary may require a
processing facility to maintain such records as may
be necessary to verify the facility’s compliance with
its written procedure.
(2) VERIFICATION
ACTIVITIES.—In verifying
the compliance of a processing facility with its writ-
ten procedure, the officials chosen by the Secretary
shall review the following documents maintained by
the facility—
(A) written procedure of processing exam-
ination;
(B) 
in-house 
monitoring 
and 
control
records;
(C) records of deviations and dispositions
taken;
(D) in-house reviews of the processing ex-
amination procedures of the facility; and
(E) upon the request of the facility, if any,
adopted and followed by the facility.
The officials chosen by the Secretary may also review any
other records generated by a facility’s written procedure,
make visual observations of the facility’s post-mortem in-
spections, and take samples of products to ensure the fa-
cility is following its written procedure.
(3) FREQUENCY
OF
VERIFICATION.—Among
the factors the Secretary shall consider in determin-
ing the frequency of verification activities at a proc-
essing facility are—
(A) the public health risk presented at the
various stages of processing;
(B) the reliability of the monitoring and
control systems used by the facility; and
(C) the compliance history of the facility.
(c) REMEDIATION OF THE WRITTEN PROCEDURE.—
If a verification inspection raises questions as to whether
product produced under the written procedure of process-
ing examination poses an unacceptable risk to human
health, the official making the inspection shall notify the
facility, in writing, of the alleged deficiencies in the written
procedure and what corrective action is necessary. The fa-
cility may either amend its written procedure to conform
to the recommendations of the official making the inspec-
tion or appeal the matter. The Secretary shall provide an
expedited hearing process for such appeals. Until a final
administrative decision is rendered, the facility may con-
tinue to operate pursuant to its written procedure, unless
the Secretary makes an express factual determination that
product processed under that written procedure would
pose a direct and significant risk to public health and safe-
ty.
(d) DISPOSITION OF PRODUCT.—Except as provided
in subsection (c), any product produced in accordance with
the written procedure of post-mortem examination may be
shipped in commerce. When a facility determines that a
deviation has occurred, the facility shall retain the product
and either reprocess the suspect product using generally
recognized procedures or destroy the product. Any product
so destroyed shall be deemed to have been condemned by
the Secretary.
(e) NONCOMPLIANCE WITH THE WRITTEN PROCE-
DURE.—Should an official making a verification inspec-
tion determine that a facility is not following its written
procedure of processing examination, that official may in-
crease verification activities until the official determines
the facility will follow the procedure without such in-
creased verification. The official also may retain product
if such product would pose a direct and significant risk
to public health and safety. The decision of any official
under this subsection may be appealed to the Secretary
by the facility. The Secretary shall provide an expedited
process to hear and decide such appeals.
SEC. 104. FACILITY SANITATION.
(a) SANITATION.—Each slaughtering facility or proc-
essing facility, and any other facility that is engaged in
the business of buying, selling, freezing, storing, or trans-
porting livestock and poultry carcasses, seafood, meat
products, poultry products, or seafood products, shall
adopt a written procedure providing for the maintenance
of sanitary conditions at that facility. Among the topics
covered by the written procedure shall be the proper stor-
age and handling of articles and products to assure that
they do not become adulterated or misbranded.
(b) VERIFICATION OF THE WRITTEN PROCEDURE.—
The Secretary shall choose officials who, using the proce-
dures set forth in section 104, shall periodically verify a
facility’s compliance with its written procedure for sanita-
tion.
SEC. 105. NIGHT EXAMINATIONS AND VERIFICATIONS.
If a slaughtering facility or a processing facility oper-
ates both during the day and at night, the Secretary shall
require that a portion of the examinations at that facility
and a portion of any visual observations by officials to ver-
ify compliance with that facility’s written procedure for
examinations occur at night.
SEC. 106. PROHIBITED ACTS: ADULTERATED PRODUCT.
Except as provided in section 105, no person shall
do any of the following with respect to any livestock or
poultry carcass, seafood, meat product, poultry product,
or seafood product capable of use as human food:
(1) Slaughter or process any such article or
product except in compliance with the requirements
of this title.
(2) Fail to destroy any article or product that
has been condemned within such time as the Sec-
retary may prescribe.
(3) Sell, offer for sale or transportation, receive
for transportation, or transport any such article or
product that—
(A) was not slaughtered or processed in
compliance with the requirements of this title;
or
(B) is otherwise adulterated
(4) Commit any act which was intended to
cause, or has the effect of causing, any such article
or product to become adulterated.
SEC. 107. EXEMPT ACTIVITIES.
(a) ACTIVITIES EXEMPT FROM FEDERAL INSPEC-
TION.—The provisions of this title requiring examination
of the slaughter of livestock, poultry, or seafood and the
processing of meat products, poultry products, and sea-
food products conducting shall not apply to—
(1) any person who slaughters or processes live-
stock, poultry, or seafood raised by that person for
the exclusive use of that person or his or her house-
hold;
(2) any person who engages in the custom
slaughter of livestock, poultry, or seafood received
from the owner thereof for the exclusive use by the
owner and his or her household; or
(3) the custom processing by any person of live-
stock, poultry, seafood, game animals, or game birds
received from the owner thereof exclusively for use
by the owner or his or her household.
(b) SEGREGATION OF EXEMPT PRODUCT FROM IN-
SPECTED PRODUCT.—The Secretary shall require that
any person who, at the same facility, engages in both the
activity described in subsection (a) and other slaughtering
or processing activity for which ante-mortem, post-
mortem, or processing examinations are required by this
title—
(1) shall keep the livestock and poultry car-
casses, seafood, meat products, poultry products,
seafood products, containers, and packages of each
activity separate and distinct from the livestock and
poultry carcasses, seafood, meat products, poultry
products, seafood products, containers and packages
of the other activity at all times; and
(2) shall plainly mark all articles, containers, or
packages containing products slaughtered or proc-
essed under the conditions described in subsection
(a) as ‘‘Not For Sale.’’
(c) SUSPENSION
OF EXEMPTION.—The Secretary
may suspend the exemption provided under subsection (a)
for any person who fails to comply with section 106 or
subsection (b) of this section.
SEC. 108. MICROBIOLOGICAL TESTING.
The Secretary may adopt such microbiological testing
as has been demonstrated to be necessary in assisting offi-
cials in verifying the effectiveness of the written proce-
dures established by a slaughtering facility or a processing
facility to control foodborne hazards under sections 102
and 103. In determining the appropriate role and use of
such testing, the Secretary shall collaborate with the Panel
established in section 144 and utilize the most current sci-
entific and technological evidence available.
Subtitle B—Labeling Requirements
SEC. 121. INSPECTION LABELING.
(a) RECEPTACLE LABELS.—Any meat product, poul-
try product, or seafood product which has been examined
under chapter 1, prepared for commerce, and placed or
packed in any can, pot, tin, canvas, or other receptacle
or covering, shall have a label attached to said can, pot,
tin, canvas, or other receptacle or covering, by the slaugh-
tering facility or processing facility stating that its con-
tents have been ‘‘inspected and passed’’ pursuant to the
provisions of this Act.
(b) CARCASS AND PRODUCT LABELING.—Any live-
stock or poultry carcass, portion of a livestock or poultry
carcass, seafood, meat product, poultry product, or sea-
food product which has beenexamined under chapter 1 and
found to be unadulterated, shall have a label attached di-
rectly on the article or product or its container, as the
Secretary may designate, which contains the information
required to avoid misbranding.
(c) LABEL SPECIFICATIONS AND PRODUCT STAND-
ARDS.—Whenever the Secretary determines that action is
necessary to protect the public from false or misleading
information which poses a direct and significant threat to
public health or safety, the Secretary may—
(1) prescribe the styles and sizes of type to be
used when labeling any articles or products subject
to this Act; and
(2) provide definitions, standards of identity or
composition and standards of fill of container for ar-
ticles and products subject to this Act which are
consistent with any such standards established
under the Federal Food, Drug, and Cosmetic Act.
The Secretary shall collaborate with the Secretary of
Health and Human Services and the Panel estab-
lished under section 144 prior to the issuance of
such findings to avoid any inconsistency with other
state or Federal standards and to coordinate the ad-
ministration of those standards.
(d) FALSE AND MISLEADING MARKINGS, LABELS
AND CONTAINERS.—The Secretary shall prohibit articles
or products subject to this Act from being sold, marketed
or transported with markings, labels, or containers which
convey false or misleading information that poses a direct
and significant threat to public health or safety. If the
Secretary determines that such a threat exists from any
marking, labeling, or container, the Secretary shall direct
that the marking, label, or contain be withheld unless
modified. The person or facility may either alter the mark-
ing, label, or container to conform to the specifications of
the Secretary or appeal the matter. Until a final adminis-
trative decision is rendered, the person or facility may not
continue to utilize the marking, label, or container.
SEC. 122. DERIVATION LABELING; SEPARATE PREPARA-
TION AND SLAUGHTERING ACTIVITIES.
(a) DERIVATION LABELING.—No person shall sell,
market, or transport any livestock or poultry carcass, any
portion of a livestock or poultry carcass, seafood, meat
product, poultry product, or seafood product unless it is
conspicuously marked, labeled, or otherwise identified to
show the species of livestock, poultry, or seafood from
which it was derived.
(b) SEPARATE PROCESSING AND SLAUGHTERING FA-
CILITIES.—The Secretary may require that livestock or
poultry carcasses, seafood, meat products, poultry prod-
ucts, or seafood products from a particular species be
processed in facilities separate from the facilities in which
livestock or poultry carcasses, seafood, meat products,
poultry products, or seafood products of other species are
slaughtered or processed.
SEC. 123. PROHIBITED ACTS: MISBRANDING.
Except as specifically authorized by the Secretary, no
person shall do any of the following acts with respect to
any livestock or poultry carcass, seafood, meat product,
or seafood product—
(1) forge any official marking, label, or certifi-
cate;
(2) simulate, alter, detach, deface, or destroy
any official marking, label, or certificate;
(3) fail to use any official marking, label, or
certificate required by the Secretary;
(4) knowingly possess any counterfeit, simu-
lated, forged, or altered official certificate;
(5) knowingly make any false statement in any
certificate or other official or unofficial document re-
quired by the Secretary;
(6) knowingly possess any article or product
bearing any counterfeit, simulated, forged, or altered
official marking; or
(7) knowingly misrepresent that any article or
product either has passed inspection or is exempt
from examination under this Act.
Subtitle C—International
Commerce
SEC. 131. IMPORTED LIVESTOCK AND POULTRY CAR-
CASSES, SEAFOOD, MEAT PRODUCTS, POUL-
TRY PRODUCTS, AND SEAFOOD PRODUCTS.
(a) IMPORTS TO MEET DOMESTIC STANDARDS.—
(1) INSPECTION AND VERIFICATION REQUIRE-
MENTS.—Notwithstanding any other provision of law
and except as provided in paragraphs (3) and (4),
all livestock and poultry carcasses, seafood, meat
products, poultry products, and seafood products ca-
pable of use as human food offered for importation
into the United States shall be subject to the re-
quirements of this Act and the provisions of the
Federal Food, Drug and Cosmetic Act, and shall
further—
(A) be subject to inspection, sanitary, qual-
ity, species verification and residue standards
that are equivalent to those applied to products
produced in the United States; and
(B) have been slaughtered and processed
in facilities and under conditions that are equiv-
alent to those under which similar products are
processed in the United States, including the
requirements for humane methods of handling
and slaughter included in Public Law 85–765
(7 U.S.C. 1901–1906).
(2) FAILURE
TO
MEET
DOMESTIC
STAND-
ARDS.—Any imported livestock and poultry car-
casses, seafood, meat products, poultry products, or
seafood products that do not meet the domestic
standards specified in paragraph (1) shall not be
permitted entry into the United States. The Sec-
retary shall enforce this provision through—
(A) the imposition of risk-based sampling,
testing, and inspection both at the point of
slaughter or processing in an exporting country
and at the point of entry into the United
States; and
(B) the certification by the Secretary of an
exporting country’s inspection, sanitary, quality,
species verification, and residue standards. The
Secretary shall periodically review such certifi-
cations. A foreign country whose standards
have not been certified by the Secretary as
equivalent to domestic standards shall not be el-
igible to export livestock and poultry carcasses,
seafood, meat products, poultry products, and
seafood products into the United States.
(3) CANADA AND MEXICO.—At any time during
which the North American Free Trade Agreement is
in effect, Canada and Mexico may demonstrate com-
pliance with the requirements of paragraph (1) of
this subsection by providing the Secretary with sci-
entific or other evidence, in accordance with risk as-
sessment methodologies adopted by the Secretary
and the exporting country, that the exporting coun-
try achieves a level of consumer protection the Sec-
retary deems appropriate based on sound scientific
principles and reliable analytical methods.
(4) EXEMPTION
FOR
PERSONAL
USE.—Live-
stock or poultry carcasses, seafood, meat products,
poultry products, or seafood products slaughtered or
processed in a foreign country shall be exempt from
the provisions of this section when purchased by an
individual exclusively for his or her household and if
the total weight all of the imported articles or prod-
ucts do not exceed fifty pounds.
(b) USAGE
OF DRUGS BANNED
IN
THE UNITED
STATES.—The Secretary may limit the circumstances and
specify the terms and conditions upon which live livestock,
poultry, or seafood to which a drug banned for use in the
United States has been administered, or articles and prod-
ucts from such livestock, poultry, and seafood, may be im-
ported into the United States.
(c) REQUIREMENT
THAT
FOREIGN
INSPECTION
STANDARDS BE BASED ON SOUND SCIENTIFIC PRIN-
CIPLES AND RELIABLE ANALYTICAL METHODS.—
(1) The Secretary shall determine whether any
foreign country applies inspection, sanitary, quality,
species verification, residue or other standards to
imports of livestock or poultry carcasses, seafood,
meat products, poultry products, or seafood products
which are either unrelated to public health or safety
or cannot be justified by sound scientific principles
and reliable analytical methods.
(2) Following a determination by the Secretary
that a foreign country is employing standards to
United States imports as specified in paragraph (1)
of this subsection and consultation with the United
States Trade Representative, the President may re-
voke any certification provided under subsection (a)
to that foreign country unless that country’s inspec-
tion, sanitary, quality, species verification, or other
standards applicable to livestock and poultry car-
casses, seafood, meat products, poultry products,
and seafood products are identical to those required
in the United States.
(3) The action authorized under paragraph (2)
may be utilized under the circumstances noted in
that paragraph instead of, or in addition to, any
other action taken under any other law.
(d) DESTRUCTION
OF IMPORTED ARTICLES CON-
DEMNED BY THE SECRETARY.—The Secretary may speci-
fy the terms and conditions for the destruction of articles
and products that are imported contrary to this section.
However, imported articles and products which are not in
compliance with this section solely because of misbranding
may be brought into compliance under the supervision of
authorized representatives of the Secretary and subse-
quently released.
(e) REPORT TO CONGRESS.—Not later than March
1 of each year the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a comprehensive written report regarding the ad-
ministration of this section during the immediately preced-
ing calendar year. Such report shall include the following:
(1) A certification by the Secretary that foreign
persons exporting livestock and poultry carcasses,
seafood, meat products, poultry products, and sea-
food products to the United States employ inspec-
tion, sanitary, quality, species verification, and resi-
due standards that are equivalent to those applied to
products produced in the United States, and have
been slaughtered and processed under conditions
and in facilities that are equivalent to those under
which similar articles and products are slaughtered
and processed in the United States. The Secretary
may treat the standards of Canada or Mexico as
equivalent if that country provides the Secretary
with scientific or other evidence, in accordance with
risk assessment methodologies accepted by the Sec-
retary and the exporting country, that the country
achieves the level of consumer protection that the
Secretary considers appropriate based upon sound
scientific principles and reliable analytical methods.
(2) The names and locations of facilities that
exported livestock and poultry carcasses, seafood,
meat products, poultry products, or seafood products
to the United States.
(3) The number of officials utilized by the Unit-
ed States Department of Agriculture during that
calendar year to inspect the facilities, articles and
products specified in paragraph (2) and the fre-
quency with which each such facility was inspected
by those officials.
(4) The number of officials utilized by each
country during that year to inspect the facilities, ar-
ticles, and products specified in paragraph (2) and
the frequency and effectiveness of such inspection.
(5) The total volume of livestock and poultry
carcasses, seafood, meat products, poultry products,
or seafood products imported into the United States
during that calendar year from each country, includ-
ing the volume of each major category of such im-
ports from each country and a detailed accounting
by facility, country, and product of facilities or prod-
ucts that failed to meet the standards prescribed by
this Act.
(6) The name of each country that employs
standards specified in subsection (c)(1).
SEC. 132. EXPORTS AND CERTIFICATES OF CONDITION.
(a) EXPORT EXAMINATION OF LIVESTOCK, POUL-
TRY, AND SEAFOOD.—The Secretary shall require the ex-
amination of all live livestock, poultry, and seafood offered
for export to foreign countries to ascertain whether such
animals are free from disease.
(b) EXPORT REVIEW OF LIVESTOCK AND POULTRY
CARCASSES, SEAFOOD, MEAT
PRODUCTS, POULTRY
PRODUCTS, AND SEAFOOD PRODUCTS.—The Secretary
shall require the review of all livestock and poultry car-
casses, seafood, meat products, poultry products, and sea-
food products offered for export to any foreign country
to assure compliance with the examinations specified in
sections 101, 102, and 103.
(c) CERTIFICATES OF CONDITION.—The Secretary
shall choose officials to perform the examinations and re-
views required by this section and to issue official certifi-
cates stating the condition in which such live livestock,
poultry, and seafood, and such livestock and poultry car-
casses, seafood, meat products, poultry products, and sea-
food products are found. Three copies of each certificate
shall be made and distributed as follows:
(1) one copy shall be filed with the United
States Department of Agriculture;
(2) one copy shall be delivered to the person ex-
porting the articles or products; and
(3) one copy shall be delivered to the person in
charge of the means of transportation through which
the articles or products are exported.
(d) DENIAL OF EXPORT.—The following items shall
not be exported to a foreign country unless the Secretary
has waived the requirement for certificates of condition
for that foreign country—
(1) live livestock, poultry or seafood without a
certificate of condition stating that the same are
sound and healthy; and
(2) livestock and poultry carcasses, seafood,
meat products, poultry products, and seafood prod-
ucts without a certificate of condition stating that
the examination of the same complied with sections
101, 102, and 103.
Subtitle D—Miscellaneous
SEC. 141. TRANSITIONAL PERIOD.
(a) DEADLINE TO DEVELOP AND IMPLEMENT WRIT-
TEN PROCEDURES; ASSISTANCE DURING TRANSITION PE-
RIOD.—Each person subject to this Act shall implement
any written procedure required by sections 101, 102, 103,
and 104 that is applicable to its facility within three years
of the effective date of this Act. The Secretary shall direct
the Cooperative State Research, Education, and Extension
Service to develop an extension program to assist persons
and facilities which are small businesses to develop and
implement the written procedures required under sections
101, 102, 103, and 104.
(b) APPLICATION OF CURRENT LAW.—During the
period specified in subsection (a), the provisions of 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.), as in effect on the day before the effective date of
this Act, shall be applicable to any person subject to this
Act until such time as the person has implemented all of
the written procedures required by sections 101, 102, 103,
and 104 that are applicable to the facilities of the person.
(c) PROHIBITION OF SLAUGHTERING AND PROCESS-
ING ACTIVITY.—The Secretary may prohibit any person
who fails, within the period specified in subsection (a), to
implement any written procedure required by sections 101,
102, 103, and 104 that is applicable to the facilities of
the person from engaging in the slaughtering or process-
ing of livestock and poultry carcasses, seafood, meat prod-
ucts, poultry products, or seafood products until such time
as the person has developed and implemented the required
written procedures.
SEC. 142. RULEMAKING.
The Secretary shall promulgate such rules and regu-
lations as may be necessary for the efficient execution of
this title using the procedure set forth in section 523 of
title 5, United States Code.
SEC. 143. APPEALS.
(a) FINALITY OF SECRETARY’S DETERMINATION.—
Any determination by the Secretary under this Act shall
be final and conclusive unless, within thirty days of writ-
ten notice, the person to which the determination is appli-
cable appeals that determination to the court of appeals
for the circuit in which that person has its principal place
of business by filing with the clerk of such court a petition
asking that the Secretary’s determination be set aside or
modified as specified in the petition. The court may re-
quire the petitioner to file a bond sufficient to pay the
cost of the court proceedings.
(b) FINALITY OF APPELLATE REVIEW.—The court of
appeals shall have exclusive jurisdiction to review and af-
firm, set aside, or modify the determination of the Sec-
retary. The court’s decision shall be final except that it
shall be subject to review by the Supreme Court of the
United States upon certiorari, as provided in section 1254
of title 28, United States Code, if application is made for
such writ within sixty days of the entry of the decree.
SEC. 144. SAFE MEAT, POULTRY, AND SEAFOOD INSPEC-
TION ADVISORY PANEL.
(a) ESTABLISHMENT.—There is established in the
Department of Agriculture a permanent advisory panel to
be known as the ‘‘Safe Meat, Poultry, and Seafood Inspec-
tion Advisory Panel’’.
(b) DUTIES.—
(1) REVIEW
AND
EVALUATION.—The Panel
shall review and evaluate, as the Panel considers
necessary, the adequacy, necessity, safety, cost-effec-
tiveness, and scientific merit of—
(A) inspection procedures of, and work
rules and worker relations involving Federal
employees employed in, plants inspected under
this Act;
(B) informal petitions or proposals for
changes in inspection procedures, processes,
and techniques of plants inspected under this
Act;
(C) formal changes in inspection regula-
tions promulgated under this Act, whether in
notice, proposed, or final form; and
(D) such other matters as may be referred
to the Panel by the Secretary regarding the
quality or effectiveness of a safe and cost-effec-
tive meat, poultry, and seafood inspection sys-
tem under this Act.
(2) REPORTS.—
(A) IN GENERAL.—The Panel shall submit
to the Secretary a report on the results of each
review and evaluation carried out under para-
graph (1), including such recommendations as
the Panel considers appropriate.
(B) REPORTS ON FORMAL CHANGES.—In
the case of a report concerning a formal change
in inspection regulations, the report shall be
made within the time limits prescribed for for-
mal comments on such changes.
(C) 
PUBLICATION
IN
FEDERAL
REG-
ISTER.—Each report of the Panel to the Sec-
retary shall be published in the Federal Reg-
ister.
(c) SECRETARIAL RESPONSE.—Not later than 90
days after the publication of a Panel report under sub-
section (b)(2)(C), the Secretary shall publish in the Fed-
eral Register any response required of the Secretary to
the report.
(d) COMPOSITION OF PANEL.—The Panel shall be
composed of 7 members, not fewer than 5 of whom shall
be from the food science, meat science, poultry science,
or seafood science profession, appointed to staggered
terms not to exceed 3 years by the Secretary from nomina-
tions received from the National Institutes of Health and
the Federation of American Societies of Food Animal
Science and based on the professional qualifications of the
nominees.
(e) NOMINATIONS.—
(1) INITIAL PANEL.—The members of the Safe
Meat and Poultry Inspection Panel established
under section 410 of the Federal Meat Inspection
Act, as in effect on the day before the effective date
of this Act, shall constitute the initial Panel.
(2) VACANCIES.—Any subsequent vacancy on
the Panel shall be filled by the Secretary after solic-
iting 2 nominees from the National Institutes of
Health and 2 nominees from the Federation of
American Societies of Food Animal Science.
(3) REQUIREMENTS FOR NOMINEES.—
(A) IN GENERAL.—Each nominee provided
under paragraph (2) shall have a background in
public health issues and a scientific expertise in
food, meat, or poultry science or in veterinary
science.
(B) SUBMISSION OF INFORMATION.—The
Secretary may require nominees to submit such
information as the Secretary considers nec-
essary prior to completing the selection process.
(4) ADDITIONAL
NOMINEES.—If any list of
nominees provided under paragraph (2) is unsatis-
factory to the Secretary, the Secretary may request
the nominating entities to submit an additional list
of nominees.
(f) TRAVEL EXPENSES.—While away from the home
or regular place of business of a member of the Panel in
the performance of services for the Panel, the member
shall be allowed travel expenses, including per diem in lieu
of subsistence, at the same rate as a person employed
intermittently in the Government service would be allowed
under section 5703 of title 5, United States Code.
(g) CONFLICTS OF INTEREST.—The Secretary shall
promulgate regulations regarding conflicts of interest with
respect to the members of the Panel.
(h) EXEMPTION.—The Federal Advisory Committee
Act (5 U.S.C. App.) and title XVIII of the Food and Agri-
culture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply
to the Panel.
(i) FUNDING.—From funds available to the Secretary
to carry out this Act, the Secretary shall ensure that suffi-
cient sums are made available to the Panel to carry out
its duties under this section. Funds made available to the
Panel shall not be subject to funding limitations included
in annual appropriations Acts enacted after the date of
the enactment of this Act.
SEC. 145. BRIBERY OF OFFICERS, EMPLOYEES, OR OFFI-
CIALS.
(a) OFFERING BRIBES TO OFFICERS, EMPLOYEES,
OR OFFICIALS.—Any person who directly or indirectly
gives, pays, or offers to give or pay to any officer or em-
ployee of the United States or other official chosen by the
Secretary to perform any of the duties prescribed by this
Act or the regulations made pursuant to this Act, any-
thing of value, with intent to influence said officer, em-
ployee or official in the discharge of any duty prescribed
by this Act or the regulations made pursuant to this Act,
shall be guilty of the felony of bribery and, upon convic-
tion, shall be punished by a fine of not less than five thou-
sand dollars nor more than ten thousand dollars or by im-
prisonment of not less than one year nor more than three
years, or both.
(b) OFFICERS, EMPLOYEES, OR OFFICIALS ACCEPT-
ING BRIBES.—Any officer or employee of the United
States or other official chosen by the Secretary to perform
any of the duties prescribed by this Act or the regulations
made pursuant to this Act, who accepts anything of value
from any person with the intent that such payment or gift
would influence the performance or forbearance of any
duty prescribed by this Act or the regulations made pursu-
ant to this Act, shall be guilty of the felony of accepting
bribes and, upon conviction, shall be summarily discharged
from his or her duties under this Act and shall be pun-
ished further with a fine of not less than five thousand
dollars nor more than ten thousand dollars or by imprison-
ment of not less than one year nor more than three years,
or both.
SEC. 146. CONDITIONS FOR ENTRY.
The Secretary may limit the entry of live livestock,
poultry, or seafood, or livestock and poultry carcasses, sea-
food, meat products, poultry products, or seafood prod-
ucts, or any other materials, into any facility subject to
sections 102 or 103, or both, of this title to ensure that
the entry of such articles or products is consistent with
the purposes of this Act.
SEC. 147. PRE-SLAUGHTER IDENTIFICATION AND CONTROL.
(a) IDENTIFICATION OF THE SOURCE OF LIVESTOCK,
POULTRY, AND SEAFOOD.—The Secretary may require
persons involved in the production or marketing livestock,
poultry, or seafood to provide such information as would
enable the slaughterer to determine the source of such
livestock, poultry, or seafood and, further, may require
slaughterers to notify the person marketing or raising the
livestock, poultry, or seafood of any disease or abnormality
identified by the Secretary.
(b) COORDINATION
OF
VOLUNTARY
RISK-BASED
PRODUCER PROGRAMS.—The Secretary shall encourage
the establishment of voluntary producer programs to iden-
tify significant risks to public health or safety, if any,
posed by livestock, poultry, or seafood production practices
and to address such risks using generally recognized sci-
entific control procedures and corrective actions. In en-
couraging voluntary programs, the Secretary shall collabo-
rate with the panel established under section 144 and
shall, further,consult with appropriate Federal, State and
local agencies as well as with academic and research insti-
tutions in order to coordinate their efforts with the vol-
untary efforts of private sector companies, organizations,
and associations.
SEC. 148. MONITORING OF GROWING AREAS AND FISHING
GROUNDS.
(a) MONITORING SYSTEM.—The Secretary of Agri-
culture, in consultation with appropriate Federal and state
agencies, shall identify, classify, and monitor shellfish
growing areas, seafood growing areas, and fishing grounds
from which significant quantities of seafood are harvested
within waters under Federal jurisdiction seaward of the
inner boundary of the exclusive economic zone. Within
such areas, the Secretary shall collect samples and other
scientific information concerning potential hazards with a
significant probability of rendering one or more species of
seafood and seafood products processed from such areas
and grounds adulterated.
(b) CLOSURE OF WATERS UNDER FEDERAL JURIS-
DICTION.—
(1) CLOSURE UPON DETERMINATION OF ADUL-
TERATION.—If the Secretary determines, based on
sampling or other scientific information, that one or
more species of seafood or seafood products proc-
essed from seafood harvested from a specific area or
ground is adulterated, the Secretary may prohibit or
otherwise impose conditions on the harvesting of
that seafood in a specific area of waters under Fed-
eral jurisdiction seaward of the inner boundary of
the exclusive economic zone in order to assure public
health and safety.
(2) IMMEDIATE
EFFECT
OF
CLOSURE.—Any
conditions or closure imposed by the Secretary and
published in the Federal Register under authority
provided by section 523 of title 5, United States
Code, shall have immediate effect.
(3) REVIEW AND DURATION OF CLOSURE.—The
Secretary shall review any conditions or closure im-
posed on a specific area of waters at least once every
six months to determine whether seafood from those
waters continues to be adulterated. The conditions
or closure shall remain in effect until the Secretary
determines that the source of adulteration no longer
exists.
(c) CLOSURE OF STATE WATERS.—
(1) GUIDELINES FOR CLOSURE OF STATE WA-
TERS.—The Secretary, in consultation with appro-
priate Federal and State agencies, shall develop
guidelines to assist states in establishing procedures
for closing waters under State jurisdiction.
(2) STATE CLOSURE OF STATE WATERS.—If the
Secretary determines that one or more species of
seafood or seafood products processed from seafood
harvested in an area of State waters is adulterated,
the Secretary shall immediately request the Gov-
ernor of such State to close or otherwise restrict
such area with respect to the harvesting of that spe-
cies of seafood until the circumstances that led to
the request no longer exist. The Secretary shall also
notify the Secretary of Commerce and, if the species
of seafood is a species of shellfish or other bivalve
mollusk, the Chairman of the Interstate Shellfish
Sanitation Conference of his or her request of the
Governor.
(3) FEDERAL CLOSURE OF STATE WATERS.—
(A) If a State has not closed the affected
State waters within 15 days of the Secretary’s
request, and the Secretary determines that a
significant risk of adulteration continues, the
Secretary shall request the Secretary of Com-
merce to close the affected area of State waters
to the harvesting of the species identified, which
area shall remained closed until the Secretary
determines that the risk of adulteration no
longer exists.
(B) The Secretary may not determine that
a significant risk of adulteration exists with re-
spect to a species of shellfish or other bivalve
mollusk until the Secretary has consulted with
the Chairman of the Interstate Shellfish Sanita-
tion Conference.
(d) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclu-
sive economic zone’’ has the same meaning as that pro-
vided by section 3(6) of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1801(6)).
SEC. 149. TRADE SECRET PROTECTION.
No person shall reveal any information acquired
under the authority of sections 101, 102, 103, 104, or 121
concerning any method or process that is a bona fide trade
secret or confidential commercial information, except to
the Secretary, another officer or employee of the United
States, an official chosen by the Secretary, or to a judge
when relevant to any administrative or judicial proceeding
brought under this Act.
TITLE II—RELATED INDUSTRIES
SEC. 201. PROHIBITION OF TITLE I INSPECTION OF ARTI-
CLES NOT INTENDED FOR USE AS HUMAN
FOOD; DENATURATION OR OTHER IDENTI-
FICATION PRIOR TO DISTRIBUTION IN COM-
MERCE; INEDIBLE ARTICLES.
Inspection shall not be provided under title I at any
facility for the slaughter of livestock, poultry, or seafood,
or the preparation of any livestock or poultry carcasses,
seafood, meat products, poultry products, or seafood prod-
ucts, that are not intended for use as human food, but
such articles shall, prior to their offer for sale or transpor-
tation in commerce, unless naturally inedible by humans,
must be denatured or identified in a manner that will
deter their use for human food. No person shall buy, sell,
market, store, transport, or import, any livestock or poul-
try carcasses, seafood, meat products, poultry products,
or seafood products, that are not intended for use as
human food unless they are denatured or otherwise identi-
fied as inedible by humans.
SEC. 202. RECORD KEEPING REQUIREMENTS.
(a) PERSONS REQUIRED TO KEEP RECORDS; AC-
CESS AND EXAMINATION OF RECORDS.—The following
persons shall keep such records as will fully and correctly
disclose all transactions involved in their businesses and
shall, at all reasonable times and upon notice by the Sec-
retary, afford any duly appointed representative of the
Secretary access to their places of business, an oppor-
tunity to examine the facilities, inventory, and records,
and to remove reasonable samples of inventory upon pay-
ment of its fair market value:
(1) Any person that engages in the business of
slaughtering any livestock or poultry, or preparing,
freezing, packaging, labeling, or storing any livestock
or poultry carcasses, seafood, meat products, poultry
products, or seafood products for use as human food
or animal food. However, this section shall not su-
persede or otherwise impact on the records or docu-
ments prepared by virtue of the written procedures
established under sections 101, 102, 103, and 104.
(2) Any person, such as a broker or wholesaler,
that engages in the business of buying, selling,
transporting, or importing any livestock or poultry
carcass, seafood, meat product, poultry product, or
seafood product.
(3) Any person, such as a renderer, that en-
gages in the business of buying, selling, transport-
ing, or importing any dead, dying, disabled, or dis-
eased livestock or poultry, or the carcasses or por-
tions of carcasses of livestock or poultry that died
otherwise than by slaughter.
(b) TIME PERIOD.—Any record required by this sec-
tion shall be maintained for such period of time as the
Secretary may prescribe by regulation.
SEC. 203. REGISTRATION OF PERSON, PLACE OF BUSINESS,
AND TRADE NAME.
No person, such as a broker, renderer, animal food
manufacturer, wholesaler, or public warehouseman shall
engage in the business of buying, selling, marketing, stor-
ing, transporting, or importing any livestock or poultry
carcasses, seafood, meat products, poultry products, or
seafood products, or the business of buying, selling, mar-
keting, storing, transporting, or importing any dead,
dying, disabled, or diseased livestock, poultry, or seafood
or the carcasses or parts of the carcasses of any such live-
stock, poultry, or seafood that died otherwise than by
slaughter, unless that person has registered with the Sec-
retary the name and address of each place of business at
which, and all of the trade names under which, it conducts
its business.
SEC. 204. REGULATION OF TRANSACTIONS, TRANSPOR-
TATION, OR IMPORTATION OF CERTAIN LIVE-
STOCK, POULTRY, OR SEAFOOD TO ITS USE
AS HUMAN FOOD.
No person shall engage in the business of buying, sell-
ing, marketing, storing, transporting, or importing dead,
dying, disabled, or diseased livestock, poultry, or seafood
or the carcasses or parts of the carcasses of any such live-
stock, poultry, or seafood that died otherwise than by
slaughter, shall buy, sell, transport, unless such trans-
action is made in accordance with such regulations as the
Secretary may prescribe to assure that such livestock,
poultry, or seafood, or the unwholesome parts of products
thereof, will be prevented from being used for human food
purposes.
SEC. 205. APPLICABILITY TO STATE AND TERRITORIAL
BUSINESSES NOT ENGAGED IN INTERSTATE
COMMERCE.
The Secretary may exercise the authority contained
in this title with respect to any person in any State or
Territory engaged in any business described in section
202, but not engaged in interstate commerce, whenever
the Secretary determines, after consultation with an ap-
propriate advisory committee described in section 301,
that the State or Territory regulating that person either
does not have authority under its laws or is not exercising
the authority it has under its laws to regulate that person
in a manner which effectuates the purposes of this Act.
The authority under such a State or Territorial law must
at least be equal to that provided under this title.
TITLE III—FEDERAL AND STATE
COOPERATION
SEC. 301. FEDERAL AND STATE COOPERATION.
(a) CONGRESSIONAL POLICY.—It is the policy of the
Congress to protect the consuming public from livestock
and poultry carcasses, seafood, meat products, poultry
products, and seafood products that are adulterated or
misbranded and to assist in any efforts by State and other
government agencies to accomplish this objective. In fur-
therance of this policy:
(1) The Secretary is authorized, whenever he or
she determines that it would effectuate the purposes
of this Act, to cooperate with the appropriate State
agency in developing and administering a State
meat, poultry, or seafood inspection program in any
State that has enacted a State meat, poultry or sea-
food inspection law that imposes mandatory ante-
mortem examination, post-mortem examination, and
sanitation requirements that are at least equal to
those under title I of this Act, with respect to per-
sons engaged in the State in slaughtering of live-
stock, poultry, or seafood, or preparing the car-
casses, parts thereof, meat products, poultry prod-
ucts, or seafood products of any such livestock, poul-
try, or seafood for use as human food.
(2) The Secretary is further authorized, when-
ever the Secretary determines that it would effec-
tuate the purposes of this Act—
(A) to cooperate with appropriate State
agencies in developing and administering State
programs under State laws containing authori-
ties at least equal to those provided in title II;
and
(B) to cooperate with other agencies of the
United States in carrying out any provisions of
this Act.
(3) Cooperation with State agencies under this
section shall include furnishing to the appropriate
State agency—
(A) advisory assistance in planning and
otherwise developing an adequate State pro-
gram under the State law and provide for a
fully operational Federal-State relations office
staffed in proportion to the size of Federal
State program; and
(B) technical and laboratory assistance
and training, the total cost to be borne by the
United States (including necessary curricular
and instructional materials and equipment),
and financial and other aid for administration
of such a program, and consulting with State
officials regarding the development and imple-
mentation of regulatory requirements. The
amount to be contributed to any State by the
Secretary under this section, except as provided
in subparagraph (B), from Federal funds for
any year shall not exceed 50 percent of the esti-
mated total cost of the cooperative program;
and the Federal funds shall be allocated among
the States desiring to cooperate on an equitable
basis. Such cooperation and payment shall be
contingent at all times upon the administration
of the State program in a manner which the
Secretary, in consultation with the appropriate
advisory committee appointed under paragraph
(4), deems adequate to effectuate the purposes
of this section. The Secretary shall inform the
States of program changes within a reasonable
period of time.
(4) The Secretary shall appoint advisory com-
mittees consisting of such representatives of appro-
priate State agencies as the Secretary and the State
agencies may designate to consult with him concern-
ing State and Federal programs with respect to
meat and poultry inspection and other matters with-
in the scope of this Act, including evaluating State
programs for purposes of this Act and obtaining bet-
ter coordination and more uniformity among the
State programs and between the Federal and State
programs and adequate protection of consumers.
(5) In addition to appointing officials as pro-
vided in this Act the Secretary may enter into agree-
ments to utilize officers and employees of a State or
the District of Columbia to conduct examinations
and investigations authorized under this Act, as the
Secretary determines practicable.
(b) STATE AGENCY.—The appropriate State agency
with which the Secretary may cooperate under this Act
shall be a single agency in the State that is primarily re-
sponsible for the coordination of the State programs hav-
ing objectives similar to those under this Act. When the
State programs include performance of certain functions
by a municipality or other subordinate governmental unit,
such unit shall be deemed to be a part of the State agency
for purposes of this section.
(c) DESIGNATION OF A STATE WITHOUT INSPECTION
REQUIREMENTS AT LEAST EQUAL TO FEDERAL INSPEC-
TION REQUIREMENTS.—
(1) If, at the end of two years following the en-
actment of this Act, the Secretary has reason to be-
lieve that a State has failed to develop or is not en-
forcing meat, poultry, and seafood inspection re-
quirements at least equal to those imposed under ti-
tles I and IV, with respect to all facilities within its
jurisdiction that are slaughtering or processing live-
stock, poultry, or seafood, their carcasses, or parts
or products thereof, for use as human food, the Sec-
retary shall promptly notify the Governor of the
State of this fact.
(A) If the Secretary determines after con-
sultation with the Governor of the State, or
representative selected by him or her, that such
requirements have not been developed and acti-
vated, the Secretary shall promptly, after the
expiration of such two year period, designate
such State as one in which the provisions of ti-
tles I and IV shall apply to operations and
transactions wholly within such State.
(B) If the Secretary has reason to believe
that the State will activate such requirements
within one additional year, he or she may delay
such designation for said period, and not des-
ignate the State, if the Secretary believes that,
by the end of that year, the State will have
such requirements in effective operation.
(C) The Secretary shall publish any such
designation in the Federal Register and, upon
the expiration of 30 days after such publication,
the provisions of titles I and IV shall apply to
operations and transactions of persons engaged
in such businesses in that State to the same ex-
tent and in the same manner as if such oper-
ations and transactions were conducted in inter-
state commerce.
(D) Upon request of the Governor, the
Secretary shall revoke such designation if the
Secretary determines that such State has devel-
oped and will enforce requirements at least
equal to those imposed under title I and title
IV.
(E) Notwithstanding any other provision of
this section, if the Secretary determines that
any person within a State is producing for
intrastate distribution adulterated meat prod-
ucts, poultry products, or seafood products that
would clearly endanger the public health, the
Secretary shall notify the Governor of the State
and the appropriate Advisory Committee de-
scribed in section 301 of such fact for effective
action under State or local law. If the State
does not take action within a reasonable time to
end this endangerment to public health, the
Secretary may immediately designate the facil-
ity of such person as subject to the provisions
of titles I and IV of the Act, and that facility
shall be subject to those provisions as though
engaged in interstate commerce until such time
as the Secretary determines that such State has
developed and will enforce inspection require-
ments at least equal to those imposed under ti-
tles I and IV.
(2) Whenever the Secretary determines that
any State designated under this subsection has de-
veloped and will enforce State meat, poultry, and
seafood inspection requirements at least equal to
those imposed under titles I and IV, with respect to
all establishments within its jurisdiction that do not
operate under Federal inspection under title I and at
which any livestock, poultry, or seafood are slaugh-
tered, or livestock and poultry carcasses, seafood,
meat products, poultry products, or seafood products
are processed or distributed for use as human food,
the Secretary shall terminate the designation of that
State. Such termination shall not preclude the sub-
sequent redesignation of that State following publi-
cation of that redesignation in the Federal Register
and 30 days notice to its Governor.
(3) The Secretary shall periodically review the
meat, poultry, and seafood inspection requirements
of the States not designated under this subsection.
In the annual report required under section 604, the
Secretary shall include the results of the review and
October 1st of any year upon 60 days written notice
to the Secretary.
TITLE IV—AUXILIARY
PROVISIONS
SEC. 401. INSPECTION SERVICES.
(a) WITHDRAWAL
OF INSPECTION SERVICES
FOR
CAUSE.—The Secretary may (for such period, or indefi-
nitely, as he or she deems necessary to effectuate the pur-
poses of this Act) refuse to provide, or withdraw, inspec-
tion under title I with respect to the facility of any person
if he or she determines, after an opportunity for a hearing
is accorded to the applicant for or recipient of inspection,
that such applicant or recipient is unfit to engage in any
business requiring inspection under title I because the ap-
plicant or recipient, or anyone responsibly connected to the
applicant or recipient has been convicted, in any Federal
or State Court, of—
(1) more than one violation of any law, other
than a felony, based upon the acquiring, handling,
or distributing of unwholesome, mislabeled, or decep-
tively packaged food, or upon fraud in connection
with transactions in food, or
(2) any felony.
(b) ADMINISTRATIVE REQUEST
FOR TEMPORARY
COURT ORDER; DURATION; ADMINISTRATIVE ORDER.—
(1) At the sentencing of any individual respon-
sibly connected with any business requiring inspec-
tion under title I and who is convicted of a felony
involving—
(A) the intentional adulteration of food
(except as defined in section 2(c)(1)(L));
(B) the adulteration of food, as defined in
section 2(c)(1)(L), with intent to defraud;
(C) bribery; or
(D) extortion;
the Secretary may request the sentencing court to
issue a temporary order forbidding such individual
to exercise operational control of, or to be physically
present at, any facility requiring inspection under
title I if the court finds that the exercise of oper-
ational control by, or the presence of such individual
at any such facility, either poses a direct and sub-
stantial threat to the public health or safety or, if
such individual is convicted of a felony described in
subparagraph (B), poses a clear likelihood of signifi-
cant economic harm to consumers.
(2) If issued, such temporary court order shall
terminate—
(A) whenever the Secretary determines by
administrative order, after a hearing on the
record, whether such individual should exercise
operational control of, or be physically present
at, any facility requiring inspection under title
I, and judicial review, if any, of such determina-
tion is completed; or
(B) 90 days after the issuance of such
temporary order by the court if the Secretary
does not commence such hearing before the ex-
piration of such 90 days, whichever occurs ear-
lier.
(c) 
CONCLUSIVENESS
OF
ADMINISTRATIVE
ORDER.—Any determination and order of the Secretary
issued under subsection (a) or (b)(2) shall be conclusive
and enforceable unless the affected applicant for or recipi-
ent of inspection or the affected individual files, not later
than 30 days after the effective date of such order, a peti-
tion for review of such order in the United States Court
of Appeals for the District of Columbia Circuit or the
United States Court of Appeals for the circuit in which
the relevant facility is doing business. Judicial review of
such order shall be on the record on which the determina-
tion and order are based.
(d) JUDICIAL REMEDIES; WITHDRAWAL OF INSPEC-
TION SERVICES; REMOVAL OF INDIVIDUAL FROM CON-
TROL.—
(1) Subject to paragraph (3), the Secretary
may commence a civil action in an appropriate
court, as provided in section 404, to withdraw in-
spection under title I with respect to any facility or
to prevent any individual responsibly connected with
any business requiring inspection under title I from
exercising operational control of, or being present at,
any facility requiring inspection under title I.
(2) If the court finds, on the basis of clear and
convincing evidence, that the recipient of inspection
or such individual has repeatedly failed to comply
with the requirements of this Act, or the rules and
regulations issued under this Act, in a manner that
poses a direct and substantial threat to the public
health or safety, the court shall issue an order—
(A) withdrawing inspection at such facility;
or
(B) forbidding such individual to exercise
operational control of, or to be physically
present at, such facility, for such period as the
court determines is necessary to carry out the
purposes of this Act.
(3) Not less than 90 days, and not more than
450 days, before commencing a civil action under
paragraph (1), the Secretary shall provide to each
recipient of inspection, and each individual respon-
sibly connected with the business, with respect to
which such action is commenced, a written notice
that includes—
(A) a statement that the Secretary intends
to commence such action;
(B) a comprehensive description of the vio-
lations of this Act and the regulations issued
under this Act alleged by the Secretary; and
(C) a description of the actions the Sec-
retary considers necessary to be taken by such
recipient or such individual to comply with this
Act and to eliminate the need to commence
such civil action.
(e) TEMPORARY
WITHDRAWAL
OF
INSPECTION
SERVICES.—
(1) The Secretary may temporarily withdraw
inspection under title I with respect to any facility
for such period as is necessary to ensure the safe
and effective performance of official duties under
this Act if the Secretary determines, after an oppor-
tunity for a hearing on the record, that an officer,
employee, or agent of such facility—
(A) threatened to forcibly assault;
(B) forcibly assaulted;
(C) forcibly intimidated; or
(D) forcibly interfered with, an employee
of the United States engaged in, or on account
of, the performance of any such official duties.
(2)(A) Notwithstanding paragraph (1), the Sec-
retary may temporarily suspend inspection under
title I with respect to any facility, pending an expe-
dited administrative hearing on the record and judi-
cial review of the order of the Secretary based on
such record, if the Secretary determines that tem-
porary suspension of such inspection is necessary for
the safety of any employee who performs official du-
ties under this Act.
(B) If the Secretary receives, before or
after temporarily suspending such inspection in
accordance with subparagraph (A), adequate
written assurances from the recipient of the in-
spection, or the individuals involved, that the
conduct or circumstances that threatened the
safety of such employee will not continue or
recur, the Secretary may continue or restore
such inspection on condition that such assur-
ances are fulfilled.