I
105TH CONGRESS
2D SESSION
H. R. 4497
To amend the Federal Meat Inspection Act and the Poultry Products Inspec-
tion Act to provide for improved public health and food safety through
enhanced enforcement.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Mr. ROTHMAN introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To amend the Federal Meat Inspection Act and the Poultry
Products Inspection Act to provide for improved public
health and food safety through enhanced enforcement.
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 ‘‘Food Safety Enforce-
ment Enhancement Act of 1998’’.
SEC. 2. FOOD SAFETY ENFORCEMENT FOR MEAT AND MEAT
FOOD PRODUCTS.
(a) IN GENERAL.—The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended—
(1) by redesignating section 411 (21 U.S.C.
681) as section 414; and
(2) by inserting after section 410 (21 U.S.C.
679a) the following:
‘‘SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL
OF ADULTERATED OR MISBRANDED ARTI-
CLES.
‘‘(a) NOTIFICATION.—A person (other than a house-
hold consumer) that has reason to believe that a carcass,
part of a carcass, meat, or meat food product of cattle,
sheep, swine, goats, horses, mules, or other equines (re-
ferred to in this section as an ‘article’) transported, stored,
distributed, or otherwise handled by the person is adulter-
ated or misbranded shall immediately notify the Secretary,
in such manner and by such means as the Secretary may
by regulation promulgate, of the identity and location of
the article.
‘‘(b) NONDISTRIBUTION AND RECALL.—
‘‘(1) VOLUNTARY ACTIONS.—On receiving the
notification under subsection (a) or otherwise, if the
Secretary finds that an article is adulterated or mis-
branded and that there is a reasonable probability
that human consumption of the article would present
a threat to public health, as determined by the Sec-
retary, the Secretary shall provide all appropriate
persons, as determined by the Secretary, that trans-
ported, stored, distributed, or otherwise handled the
article with an opportunity to—
‘‘(A) cease distribution of the article;
‘‘(B) notify all persons transporting, stor-
ing, distributing, or otherwise handling the arti-
cle, or to which the article has been trans-
ported, sold, distributed, or otherwise handled,
to immediately cease distribution of the article;
‘‘(C) recall the article; and
‘‘(D) in consultation with the Secretary,
provide notice to consumers to whom the article
is, or may have been, distributed.
‘‘(2) MANDATORY ACTIONS.—If the person re-
fuses to or does not voluntarily take the actions de-
scribed in paragraph (1) with respect to an article
within the time and in the manner prescribed by the
Secretary, the Secretary shall, by order, require the
person to immediately—
‘‘(A) cease distribution of the article; and
‘‘(B) notify all persons transporting, stor-
ing, distributing, or otherwise handling the arti-
cle, or to which the article has been trans-
ported, sold, distributed, or otherwise handled,
to immediately cease distribution of the article.
‘‘(3) NOTICE TO CONSUMERS.—The Secretary
shall, as the Secretary considers necessary, provide
notice to consumers to whom the article was, or may
have been, distributed.
‘‘(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person transporting, storing, distributing,
or otherwise handling the article, or to which the ar-
ticle has been transported, sold, distributed, or oth-
erwise handled, that is notified under paragraph
(1)(B) or (2)(B) shall immediately cease distribution
of the article.
‘‘(c) INFORMAL HEARING ON ORDER.—
‘‘(1) IN GENERAL.—The Secretary shall provide
a person subject to an order under subsection (b)
with an opportunity for an informal hearing (pursu-
ant to such rules or regulations as the Secretary
shall prescribe) on the actions required by the order
and on why the article that is the subject of the
order should not be recalled.
‘‘(2) TIMING.—The Secretary shall hold the in-
formal hearing as soon as practicable, but not later
than 2 days, after the issuance of the order.
‘‘(d) RECALL OR OTHER ACTIONS.—
‘‘(1) IN GENERAL.—If, after providing an op-
portunity for an informal hearing under subsection
(c), the Secretary determines that there is a reason-
able probability that human consumption of the arti-
cle that is the subject of an order under subsection
(b) presents a threat to public health, the Secretary
may—
‘‘(A) amend the order to require recall of
the article or other appropriate action;
‘‘(B) specify a timetable during which the
recall will occur;
‘‘(C) require periodic reports to the Sec-
retary describing the progress of the recall; and
‘‘(D) provide notice to consumers to whom
the article is, or may have been, distributed.
‘‘(2) VACATION OF ORDER.—If, after providing
an opportunity for an informal hearing under sub-
section (c), the Secretary determines that adequate
grounds do not exist to continue the actions required
by the order, the Secretary shall vacate the order.
‘‘(e) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to any other rem-
edies that may be available.
‘‘SEC. 412. REFUSAL OR WITHDRAWAL OF INSPECTION OF
ESTABLISHMENTS.
‘‘(a) IN GENERAL.—The Secretary may, for such pe-
riod, or indefinitely, as the Secretary considers necessary
to carry out this Act, refuse to provide or withdraw inspec-
tion under title I with respect to an establishment if the
Secretary determines, after opportunity for a hearing on
the record is provided to the applicant for, or recipient
of, inspection, that the applicant or recipient, or any per-
son responsibly connected with the applicant or recipient
(within the meaning of section 401), has committed a will-
ful violation or repeated violations of this Act (including
a regulation promulgated under this Act).
‘‘(b) DENIAL OR SUSPENSION OF INSPECTION PEND-
ING HEARING.—The Secretary may deny or suspend in-
spection under title I, pending opportunity for an expe-
dited hearing, with respect to an action under subsection
(a), if the Secretary determines that the denial or suspen-
sion is in the public interest to protect the health or wel-
fare of consumers or to ensure the effective performance
of an official duty under this Act.
‘‘(c) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—A determination and order
of the Secretary with respect to the refusal or with-
drawal of inspection under this section shall be final
and conclusive unless, not later than 30 days after
the effective date of the order, the affected applicant
for, or recipient of, inspection—
‘‘(A) files a petition for judicial review of
the order; and
‘‘(B) simultaneously sends a copy of the
petition by certified mail to the Secretary.
‘‘(2) REFUSAL
OR
WITHDRAWAL
OF
INSPEC-
TION PENDING REVIEW.—Inspection shall be refused
or withdrawn as of the effective date of the order
pending any judicial review of the order unless the
Secretary directs otherwise.
‘‘(3) VENUE; RECORD.—Judicial review of the
order shall be—
‘‘(A) in—
‘‘(i) the United States court of ap-
peals for the circuit in which the applicant
for, or recipient of, inspection resides or
has its principal place of business; or
‘‘(ii) the United States Court of Ap-
peals for the District of Columbia; and
‘‘(B) on the record on which the deter-
mination and order are based.
‘‘(d) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to any other rem-
edies that may be available.
‘‘SEC. 413. CIVIL PENALTIES.
‘‘(a) IN GENERAL.—
‘‘(1) ASSESSMENT.—The Secretary may assess
a civil penalty against a person that violates this Act
(including a regulation promulgated or order issued
under this Act) of not more than $100,000 for each
violation.
‘‘(2) SEPARATE
OFFENSES.—Each violation
and each day during which a violation continues
shall be a separate offense.
‘‘(3) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—The Secretary shall not assess a civil penalty
under this section against a person unless the person
is given notice and opportunity for a hearing on the
record before the Secretary in accordance with sec-
tions 554 and 556 of title 5, United States Code.
‘‘(4) AMOUNT.—The amount of a civil penalty
under this section shall be—
‘‘(A) assessed by the Secretary by written
order, taking into account—
‘‘(i) the gravity of the violation;
‘‘(ii) the degree of culpability;
‘‘(iii) the size and type of the busi-
ness; and
‘‘(iv) any history of prior offenses
under this Act; and
‘‘(B) reviewed only in accordance with sub-
section (b).
‘‘(b) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—An order assessing a civil
penalty against a person under subsection (a) shall
be final and conclusive unless the person—
‘‘(A) not later than 30 days after the effec-
tive date of the order, files a petition for judi-
cial review in—
‘‘(i) the United States court of ap-
peals for the circuit in which the person re-
sides or has its principal place of business;
or
‘‘(ii) the United States Court of Ap-
peals for the District of Columbia; and
‘‘(B) simultaneously sends a copy of the
petition by certified mail to the Secretary.
‘‘(2) RECORD.—The Secretary shall promptly
file in the court a certified copy of the record on
which the violation was found and the civil penalty
assessed.
‘‘(c) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—
‘‘(1) REFERRAL TO ATTORNEY GENERAL.—If a
person fails to pay a civil penalty after the order as-
sessing the civil penalty has become final and
unappealable, the Secretary shall refer the matter to
the Attorney General.
‘‘(2) ACTION
BY
ATTORNEY
GENERAL.—The
Attorney General shall bring a civil action to recover
the amount of the civil penalty in United States dis-
trict court.
‘‘(3) SCOPE OF REVIEW.—In the collection ac-
tion, the validity and appropriateness of the order of
the Secretary imposing 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
becomes final and unappealable, the Secretary may refuse
to provide or withdraw inspection under title I of the per-
son 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 institution of an action, a violation
of this Act if the Secretary believes that the public interest
will be adequately served by assessment of a civil penalty.