‘‘(3) has commenced, caused to be commenced,
or is about to commence a proceeding, has testified
or is about to testify at a proceeding, or has assisted
or participated or is about to assist or participate in
any manner in such a proceeding or in any other ac-
tion to carry out the functions or responsibilities of
any agency, office, or unit of the Department of Ag-
riculture.
‘‘(b) PROCEDURES
AND PENALTIES.—The proce-
dures and penalties applicable to prohibited acts under
subsection (a) shall be governed by the applicable provi-
sions of section 31105 of title 49, United States Code.
‘‘(c) BURDENS OF PROOF.—The legal burdens of
proof with respect to prohibited acts under subsection (a)
shall be governed by the applicable provisions of sections
1214 and 1221 of title 5, United States Code.’’.
TITLE II—POULTRY INSPECTION
SEC. 201. REFERENCES TO THE POULTRY PRODUCTS IN-
SPECTION ACT.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered
to be made to a section or other provision of the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), except
to the extent otherwise specifically provided.
SEC. 202. DEFINITIONS.
(a) ADULTERATED.—Section 4(g)(1) (21 U.S.C.
453(g)(1)) is amended to read as follows:
‘‘(1) if it bears or contains a poisonous or dele-
terious substance that may render it injurious to
health, except that, in the case of a substance that
is not an added substance, the article shall be con-
sidered adulterated under this subsection if there is
a reasonable probability that the quantity of the sub-
stance in the article will cause adverse health con-
sequences;’’.
(b) ADDED SUBSTANCE.—Section 4 is amended by
adding at the end the following:
‘‘(cc) The term ‘added substance’—
‘‘(1) means a substance that is not an inherent
constituent of a food and whose intended use results,
or may reasonably be expected to result, directly or
indirectly, in the substance becoming a component
of, or otherwise affecting the characteristics of, the
food; and
‘‘(2) includes—
‘‘(A) a substance that is intentionally
added to any food; or
‘‘(B) a substance that is the result of mi-
crobial, viral, environmental, agricultural, in-
dustrial, or other contamination.’’.
SEC. 203. FEDERAL AND STATE COOPERATION.
The first sentence of section 5(c)(1) (21 U.S.C.
454(c)(1)) is amended—
(1) by inserting after ‘‘the Wholesome Poultry
Products Act,’’ the following: ‘‘or by 30 days prior
to the expiration of the two-year period beginning on
the date of enactment of the Family Food Protection
Act of 1995,’’; and
(2) by striking ‘‘sections 1–4, 6–10, and 12–22
of this Act’’ and inserting ‘‘sections 1 through 4, 6
through 10, 12 through 22, and 30 through 37’’.
SEC. 204. EXEMPTIONS.
Section 15(a)(1) (21 U.S.C. 464(a)(1)) is amended
by inserting before the semicolon at the end the following:
‘‘, except that regulations issued under section 32 shall
apply to a retail store or other type of retail establish-
ment’’.
SEC. 205. REDUCING ADULTERATION OF POULTRY AND
POULTRY PRODUCTS.
The Act (21 U.S.C. 451 et seq.) is amended by add-
ing at the end the following:
‘‘SEC. 30. REDUCING ADULTERATION OF POULTRY AND
POULTRY PRODUCTS.
‘‘(a) IN GENERAL.—On the basis of an evaluation of
the risks to public health and safety, the Secretary shall
issue regulations to—
‘‘(1) limit the presence of human pathogens and
other potentially harmful substances in poultry at
the time the poultry are presented for slaughter;
‘‘(2) ensure that appropriate measures are
taken to control and reduce the presence and growth
of human pathogens and other potentially harmful
substances on poultry or poultry products prepared
in any official establishment;
‘‘(3) ensure that all ready-to-eat poultry or
poultry products prepared in any official establish-
ment preparing the poultry or poultry products for
distribution in commerce are processed in such a
manner as to destroy any human pathogens and
other potentially harmful substances that are likely
to cause foodborne illness; and
‘‘(4) ensure that poultry and poultry products,
other than the poultry and products referred to in
paragraph (3), prepared at any official establish-
ment preparing the poultry or poultry products for
distribution in commerce are labeled with instruc-
tions for handling and preparation for consumption
that, when adhered to, will destroy any human
pathogens or other potentially harmful substances
that are likely to cause foodborne illness.
‘‘(b) NONCOMPLIANCE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), poultry or a poultry product prepared at
any official establishment preparing the poultry or
poultry product for distribution in commerce, that is
found not to be in compliance with the regulations
issued under paragraph (2), (3), or (4) of subsection
(a) shall be—
‘‘(A) considered adulterated and deter-
mined to be condemned; and
‘‘(B) if no appeal is made to the deter-
mination of condemnation, destroyed for human
food purposes under the supervision of an in-
spector.
‘‘(2) REPROCESSING OR LABELING.—Poultry or
a poultry product that is not in compliance with
paragraph (2), (3), or (4) of subsection (a), but that
may by reprocessing or labeling, or both, be made
not adulterated, need not be condemned and de-
stroyed if after reprocessing or labeling, or both, as
applicable and as determined by the Secretary,
under the supervision of an inspector, the poultry or
poultry product is subsequently inspected and found
to be not adulterated.
‘‘(3) APPEALS.—