‘‘(f) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to any other rem-
edies that may be available.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1 of the Federal Meat Inspection
Act (21 U.S.C. 601) is amended by adding at the
end the following:
‘‘(w) PERSON.—The term ‘person’ means any indi-
vidual, partnership, corporation, association, or other busi-
ness unit.’’.
(2) The Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended—
(A) by striking ‘‘person, firm, or corpora-
tion’’ each place it appears and inserting ‘‘per-
son’’;
(B) by striking ‘‘persons, firms, and cor-
porations’’ each place it appears and inserting
‘‘persons’’; and
(C) by striking ‘‘persons, firms, or corpora-
tions’’ each place it appears and inserting ‘‘per-
sons’’.
SEC. 3. FOOD SAFETY ENFORCEMENT FOR POULTRY AND
POULTRY FOOD PRODUCTS.
The Poultry Products Inspection Act (21 U.S.C. 451
et seq.) is amended—
(1) in the first sentence of section 5(c)(1) (21
U.S.C. 454(c)(1))—
(A) by striking ‘‘, by thirty days prior to
the expiration of two years after enactment of
the Wholesome Poultry Products Act,’’; and
(B) by striking ‘‘sections 1–4, 6–10, and
12–22 of this Act’’ and inserting ‘‘sections 1
through 4, 6 through 10, 12 through 22, and
31 through 33’’; and
(2) by adding at the end the following:
‘‘SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL
OF ADULTERATED OR MISBRANDED ARTI-
CLES.
‘‘(a) NOTIFICATION.—A person (other than a house-
hold consumer) that has reason to believe that any poultry
or poultry product (referred to in this section as an ‘arti-
cle’) transported, stored, distributed, or otherwise handled
by the person is adulterated or misbranded shall imme-
diately 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 noti-
fication 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.