I
104TH CONGRESS
1ST SESSION
H. R. 1423
To amend the Federal Meat Inspection Act and the Poultry Products Inspec-
tion Act to provide for improved public health and food safety through
the reduction in meat and poultry of harmful substances that present
a threat to public health, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mr. BROWN of California (for himself and Mr. TORRICELLI) 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 the reduction in meat
and poultry of harmful substances that present a threat
to public health, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Family Food Protection Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—MEAT INSPECTION
Sec. 101. References to the Federal Meat Inspection Act.
Sec. 102. Definitions.
Sec. 103. Storage and handling regulations.
Sec. 104. Federal and State cooperation.
Sec. 105. Auxiliary provisions.
Sec. 106. Reducing adulteration of meat and meat food products.
TITLE II—POULTRY INSPECTION
Sec. 201. References to the Poultry Products Inspection Act.
Sec. 202. Definitions.
Sec. 203. Federal and State cooperation.
Sec. 204. Exemptions.
Sec. 205. Reducing adulteration of poultry and poultry products.
SEC. 2. FINDINGS.
Congress finds that—
(1) bacterial foodborne illness exacts a terrible
toll on United States citizens, taking approximately
9,000 lives each year and causing between 6,500,000
and 80,000,000 illnesses;
(2) meat and meat food products, and poultry
and poultry products, contaminated with pathogenic
bacteria are a leading cause of foodborne illness;
(3) foodborne illness related to meat and poul-
try cost Americans between $2,000,000,000 and
$4,000,000,000 each year in medical expenses and
lost wages;
(4) the number of illnesses and deaths associ-
ated with adulterated meat and poultry undermines
public confidence in the food supply of the United
States and tends to destroy both domestic and for-
eign markets for wholesome meat and poultry;
(5) the meat and poultry inspection system
costs 
United 
States 
taxpayers 
approximately
$600,000,000 per year but does not provide ade-
quate protection against foodborne illness because
the system does not test for and limit the presence
of disease-causing bacteria;
(6) the Federal Government must—
(A) set levels of disease-causing bacteria
above which meat and meat food products and
poultry and poultry products are determined to
be unsafe for human consumption and adulter-
ated; and
(B) remove the products from commerce
unless and until the products are made safe;
(7) beginning with the National Academy of
Sciences report entitled ‘‘Meat and Poultry: The Sci-
entific Basis for the Nation’s Program’’, the United
States Department of Agriculture has been urged to
shift from organoleptic inspection to inspection
based on the detection and limitation of disease-
causing bacteria;
(8) to sustain the confidence of the people of
the United States and justify the expenditure of tax
dollars, the inspection system must—
(A) be based on sound application of mod-
ern science;
(B) effectively protect human health;
(C) be open to public scrutiny;
(D) create incentives for high standards;
(E) provide for fines for failure to meet
standards; and
(F) assess severe penalties for intentional
violation of the law;
(9) a modern system of meat and poultry in-
spection should extend from farm to table and re-
quire livestock and poultry producers, handlers,
processors, distributors, transporters, and retailers
to assume responsibility for handling livestock, meat,
meat food products, poultry, and poultry products in
such a way as to limit contamination to a level that
will not endanger human health;
(10) to effectively protect human health, there
must be an orderly transition from the system of in-
spection in effect on the date of enactment of this
Act to a new system based on preventive controls
that are designed to limit the presence of disease-
causing bacteria on meat, meat food products, poul-
try, and poultry products, and the efficacy of the
new system must be demonstrated by pilot projects;
(11)(A) consumer confidence is further under-
mined by the ‘‘USDA Inspected and Passed’’ seal
that appears on every package of meat or a meat
food product and the ‘‘USDA Inspected for Whole-
someness’’ seal that appears on every package of
poultry and poultry products, a seal that misleads
consumers into believing the products are safe when
the products often are contaminated with disease-
causing bacteria; and
(B) the Federal Government should not affix a
seal that misleads consumers and may increase the
incidence of foodborne illness and death; and
(12)(A) all articles and other animals that are
subject to the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) and the Poultry Products In-
spection Act (21 U.S.C. 451 et seq.) are in inter-
state or foreign commerce or substantially affect
commerce; and
(B) regulation by the Secretary of Agriculture
and cooperation by the States, consistent with this
Act and the amendments made by this Act, are nec-
essary to prevent or eliminate burdens on commerce
and to protect the health and welfare of consumers
of the United States.
TITLE I—MEAT INSPECTION
SEC. 101. REFERENCES TO THE FEDERAL MEAT INSPEC-
TION 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 Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), except to
the extent otherwise specifically provided.
SEC. 102. DEFINITIONS.
(a) ADULTERATED.—Section 1(m)(1) (21 U.S.C.
601(m)(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
consequences;’’.
(b) ADDED
SUBSTANCE; OFFICIAL
ESTABLISH-
MENT.—Section 1 is amended by adding at the end the
following:
‘‘(w) 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.
‘‘(x) The term ‘official establishment’ means an es-
tablishment at which inspection of the slaughter of cattle,
sheep, swine, goats, mules, and other equines, or the proc-
essing of meat and meat food products of the animals,
is maintained in accordance with this Act.’’.
SEC. 103. STORAGE AND HANDLING REGULATIONS.
The last sentence of section 24 (21 U.S.C. 624) is
amended by inserting before the period at the end the fol-
lowing: ‘‘, except that regulations issued under section 503
shall apply to a retail store or other type of retail
establishment’’.
SEC. 104. FEDERAL AND STATE COOPERATION.
Section 301(c) (21 U.S.C. 661(c)) is amended—
(1) in paragraph (1)—
(A) in the first sentence—
(i) by inserting after ‘‘the Wholesome
Meat Act,’’ the following: ‘‘or by 30 days
prior to the expiration of the two-year pe-
riod beginning on the date of enactment of
the Family Food Protection Act of 1995,’’;
and
(ii) by striking ‘‘title I and IV’’ and
inserting ‘‘titles I, IV, and V’’;
(B) by striking ‘‘titles I and IV’’ each
place it appears and inserting ‘‘titles I, IV, and
V’’; and
(C) by striking ‘‘title I and title IV’’ each
place it appears and inserting ‘‘titles I, IV, and
V’’; and
(2) in paragraph (3), by striking ‘‘titles I and
IV’’ each place it appears and inserting ‘‘titles I, IV,
and V’’.
SEC. 105. AUXILIARY PROVISIONS.
Sections 402 and 403 (21 U.S.C. 672 and 673) are
amended by striking ‘‘title I or II’’ each place it appears
and inserting ‘‘title I, II, or V’’.
SEC. 106. REDUCING ADULTERATION OF MEAT AND MEAT
FOOD PRODUCTS.
The Act (21 U.S.C. 601 et seq.) is amended by add-
ing at the end the following:
‘‘TITLE V—REDUCING ADULTER-
ATION OF MEAT AND MEAT
FOOD PRODUCTS
‘‘SEC. 501. REDUCING ADULTERATION OF MEAT AND MEAT
FOOD 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 cattle, sheep,
swine, or goats, or horses, mules, or other equines
at the time the animals 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 carcasses and parts of carcasses and
on meat or meat food products derived from the ani-
mals prepared in any official establishment;
‘‘(3) ensure that all ready-to-eat meat or meat
food products prepared in any official establishment
preparing the meat or food product 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 meat and meat food products,
other than meat and meat food products referred to
in paragraph (3), prepared at any official establish-
ment preparing meat or a meat food product for dis-
tribution in commerce are labeled with instructions
for handling and preparation for consumption that,
when adhered to, will destroy any human pathogens
or other potentially harmful substances that are like-
ly to cause foodborne illness.
‘‘(b) NONCOMPLIANCE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a carcass or part of a carcass, or meat
or a meat food product, prepared at any official es-
tablishment preparing the article 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 a duly
authorized representative of the Secretary.
‘‘(2) REPROCESSING OR LABELING.—A carcass
or part of a carcass, or meat or a meat food 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 destroyed if after reprocess-
ing or labeling, or both, as applicable and as deter-
mined by the Secretary, under the supervision of a
duly authorized representative of the Secretary, the
carcass, part of a carcass, meat, or meat food prod-
uct is subsequently inspected and found to be not
adulterated.
‘‘(3) APPEALS.—
‘‘(A) ACTION PENDING APPEAL.—If an ap-
peal is made to a determination of condemna-
tion, the carcass, part of a carcass, meat, or
meat food product shall be appropriately
marked, segregated, and held by the official es-
tablishment pending completion of an appeal
inspection.
‘‘(B) CONDEMNATION SUSTAINED.—If the
determination of condemnation is sustained, the
carcass, part of a carcass, meat, or meat food
product if not so reprocessed or labeled, or
both, under paragraph (2) so as to be made not
adulterated, shall be destroyed for human food
purposes under the supervision of a duly au-
thorized representative of the Secretary.
‘‘(c) HUMAN PATHOGENS
AND OTHER HARMFUL
SUBSTANCES.—Not later than one year after the date of
enactment of this title, the Secretary shall issue regula-
tions that—
‘‘(1) require meat and meat food products in an
official establishment to be tested, in such manner
and with such frequency as the Secretary considers
necessary, to identify human pathogens, or markers
for the pathogens, and other potentially harmful
substances in the meat and meat food products;
‘‘(2) require that the results of any test con-
ducted in accordance with paragraph (1) be reported
to the Secretary, in such manner and with such fre-
quency as the Secretary considers necessary;
‘‘(3)(A) establish interim limits for human
pathogens and other potentially harmful substances
that, when found on meat or meat food products,
may present a threat to public health; and
‘‘(B) in carrying out subparagraph (A)—
‘‘(i) establish interim limits that are below
the industry mean as determined by the Sec-
retary for the pathogen or other potentially
harmful substance established through national
baseline studies; and
‘‘(ii) reestablish the interim limits every
two years until the regulatory limits referred to
in subsection (d)(2), tolerances, or other stand-
ards are established under this Act or other ap-
plicable law; and
‘‘(4) prohibit or restrict the sale, transpor-
tation, offer for sale or transportation, or receipt for
transportation of any meat or meat food products
that—
‘‘(A) are capable of use as human food;
and
‘‘(B) exceed the regulatory limits, interim
limits, tolerances, or other standards estab-
lished under this Act or other applicable law for
human pathogens or other potentially harmful
substances.
‘‘(d) RESEARCH AND REGULATORY LIMITS.—
‘‘(1) RESEARCH ON FOOD SAFETY.—The Sec-
retary, acting through the Under Secretary of Agri-
culture for Food Safety, shall conduct or support ap-
propriate research on food safety, including—
‘‘(A) developing and reevaluating appro-
priate limits for human pathogens or other po-
tentially harmful substances that when found
on meat and meat food products prepared in of-
ficial establishments may present a threat to
public health;
‘‘(B) developing efficient, rapid, and sen-
sitive methods for determining and detecting
the presence of microbial contamination, chemi-
cal residues, and animal diseases that have an
adverse impact on human health;
‘‘(C) conducting baseline studies on the
prevalence of human pathogens or other poten-
tially harmful substances in processing facili-
ties; and
‘‘(D) conducting risk assessments to deter-
mine the human pathogens and other poten-
tially harmful substances that pose the greatest
risk to human health.
‘‘(2) REGULATORY LIMITS FOR HUMAN PATHO-
GENS AND OTHER HARMFUL SUBSTANCES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this title, the
Secretary of Health and Human Services shall
establish regulatory limits, to the maximum ex-
tent scientifically supportable, for human patho-
gens and other potentially harmful substances,
including heavy metals, that, when found as a
component of meat or meat food products pre-
pared in official establishments, may present a
threat to public health.
‘‘(B) RISK TO HUMAN HEALTH.—In estab-
lishing the regulatory limits, the Secretary of
Health and Human Services shall consider the
risk to human health, including the risk to chil-
dren, the elderly, individuals whose immune
systems are compromised, and other population
subgroups, posed by consumption of the meat
or meat food products containing the human
pathogen or other potentially harmful sub-
stance.
‘‘(C) FUNDING.—The Secretary of Agri-
culture shall annually transfer to the Secretary
of Health and Human Services an amount, to
be determined by the Secretaries, to defray the
cost of establishing the regulatory limits.
‘‘(e) SURVEILLANCE AND SAMPLING SYSTEMS.—
‘‘(1) SURVEILLANCE SYSTEM.—In conjunction
with the Director of the Centers for Disease Control
and Prevention and the Commissioner of Food and
Drugs, the Secretary shall develop and administer
an active surveillance system for foodborne illness,
that is based on a representative sample of the pop-
ulation of the United States, to assess more accu-
rately the frequency and sources of human disease
in the United States associated with the consump-
tion of food products.
‘‘(2) SAMPLING SYSTEM.—
‘‘(A) IN
GENERAL.—Not later than two
years after the date of enactment of this title,
the Secretary shall establish a sampling system,
using data collected under subsection (c)(2) and
other sources, to analyze the nature, frequency
of occurrence, and quantities of human patho-
gens and other potentially harmful substances
in meat and meat food products.
‘‘(B) INFORMATION.—The sampling sys-
tem shall provide—
‘‘(i) statistically valid monitoring, in-
cluding market basket studies, on the na-
ture, frequency of occurrence, and quantity
of human pathogens and other potentially
harmful substances in meat and meat food
products available to consumers; and
‘‘(ii) such other information as the
Secretary determines may be useful in as-
sessing the occurrence of human pathogens
and other potentially harmful substances
in meat and meat food products.
‘‘(C) NONCOMPLIANCE.—If a sample is
found to exceed regulatory limits, interim lim-
its, tolerances, or standards established under
this Act or other applicable law, the Secretary
shall take action to prevent violative products
from entering commerce or to remove the viola-
tive products from the market.
‘‘(f) REVIEW AND CONSULTATION.—
‘‘(1) REVIEW.—The Secretary shall review, at
least every two years, all regulations, processes, pro-
cedures, and methods designed to limit and control
human pathogens and other potentially harmful sub-
stances present on or in carcasses and parts of car-
casses and in meat and meat food products. The on-
going review shall include, as necessary, epidemio-
logic and other scientific studies to ascertain the ef-
ficiency and efficacy of the regulations, processes,
procedures, and methods.
‘‘(2) CONSULTATION.—In carrying out para-
graphs (1) and (3) of subsection (c), subsection (d),
subsection (e)(1), and paragraph (1), the Secretary
shall consult with the Assistant Secretary for
Health, the Director of the Centers for Disease Con-
trol and Prevention, the Commissioner of Food and
Drugs, and the heads of such other Federal and
State public health agencies as the Secretary consid-
ers appropriate.
‘‘SEC. 502. HAZARD CONTROLS.
‘‘(a) REGULATIONS.—
‘‘(1) ISSUANCE.—Not later than one year after
the date of enactment of this title, the Secretary
shall issue regulations that require an official estab-
lishment to—
‘‘(A) adopt processing controls that are
adequate to protect public health; and
‘‘(B) limit the presence and growth of
human pathogens and other potentially harmful
substances in carcasses and parts of carcasses
and on meat and meat food products derived
from animals prepared in the establishment.
‘‘(2) CONTENT.—The regulations shall—
‘‘(A) set standards for sanitation;
‘‘(B) set interim limits for biological,
chemical, and physical hazards, as appropriate;
‘‘(C) require processing controls to ensure
that relevant regulatory standards are met;
‘‘(D) require recordkeeping to monitor
compliance;
‘‘(E) require sampling to ensure that proc-
essing controls are effective and that regulatory
standards are being met; and
‘‘(F) provide for agency access to records
kept by official establishments and submission
of copies of the records to the Secretary as the
Secretary considers appropriate.
‘‘(3) PUBLIC ACCESS.—Public access to records
that relate to the adequacy of measures taken by an
official establishment to protect the public health,
and to limit the presence and growth of human
pathogens and other potentially harmful substances,
shall be subject to section 552 of title 5, United
States Code.
‘‘(4) PROCESSING
CONTROLS.—The Secretary
may, as the Secretary considers necessary, require
any person with responsibility for, or control over,
any animals or meat or meat food products intended
for human consumption to adopt processing controls,
if the processing controls are needed to ensure the
protection of public health.
‘‘(b) ADVISORY BOARD.—
‘‘(1) IN GENERAL.—On the issuance of regula-
tions under subsection (a), the Secretary shall con-
vene an advisory board on meat and poultry safety
to—
‘‘(A) recommend improvements to the
meat and poultry inspection programs;
‘‘(B) evaluate alternatives to the programs;
and
‘‘(C) provide other relevant advice to the
Secretary.
‘‘(2) COMPOSITION.—The advisory board shall
include representatives of consumers, processors,
producers, retail outlets, inspectors, plant workers,
public health officials, and victims of foodborne ill-
ness.
‘‘(3) DUTIES.—The advisory board shall—
‘‘(A) evaluate—
‘‘(i) the meat and poultry inspection
programs; and
‘‘(ii) the significance of the programs
in ensuring the proper operation of manda-
tory processing controls; and
‘‘(B) make recommendations to the Sec-
retary described in paragraph (4).
‘‘(4) REPORT.—The Secretary shall report to
Congress on the recommendations of the advisory
board for improving the meat and poultry inspection
programs, including—
‘‘(A) the timing and criteria for any
changes in the programs;
‘‘(B) alternative approaches for addressing
safety and quality issues; and
‘‘(C) the minimum time needed to ensure
that processing controls effectively reduce
foodborne illness prior to any change in the
programs.
‘‘(5) PROCEDURE.—The advisory board shall be
subject to the Federal Advisory Committee Act (5
U.S.C. App.).
‘‘(c) LABELING.—Notwithstanding any other provi-
sion of this Act, if the Secretary discontinues carcass-by-
carcass inspection of meat, the ‘USDA Inspected and
Passed’ seal, or a similar seal, shall not be affixed to any
carcasses and parts of carcasses and to meat and meat
food products derived from the animals prepared in any
official establishment.
‘‘SEC. 503. VOLUNTARY GUIDELINES FOR RETAIL ESTAB-
LISHMENTS.
‘‘(a) STANDARDS.—
‘‘(1) IN GENERAL.—In consultation with rep-
resentatives of States, the Conference for Food Pro-
tection, the Association of Food and Drug Officials,
and Federal agencies, the Secretary shall establish
minimum standards for the handling, processing,
and storage of meat and meat food products at re-
tail stores, restaurants, and similar types of retail
establishments (collectively referred to in this section
as ‘retail establishments’).
‘‘(2) CONTENT.—The standards shall—
‘‘(A) be designed to ensure that meat and
meat food products sold by retail establish-
ments are safe for human consumption;
‘‘(B) be based on the principles of preven-
tive controls; and
‘‘(C) include—
‘‘(i) safe food processing and handling
practices for retail establishments, includ-
ing time and temperature controls on meat
and meat food products sold by the estab-
lishments;
‘‘(ii) equipment handling practices, in-
cluding standards for the cleaning and
‘‘(A) IN GENERAL.—Not later than three
years after the date of enactment of this title,
the Secretary shall issue a report to Congress
on actions taken by retail establishments to
comply with the guidelines. The report shall in-
clude a determination of whether there is sub-
stantial compliance with the guidelines.
‘‘(B) SUBSTANTIAL COMPLIANCE.—If the
Secretary determines that there is substantial
compliance with the guidelines, the Secretary
shall issue a report and make a determination
in accordance with subparagraph (A) not less
than every two years.
‘‘(C) NO
SUBSTANTIAL
COMPLIANCE.—If
the Secretary determines that there is not sub-
stantial compliance with the guidelines, the Sec-
retary shall (at the time the determination is
made) issue proposed regulations requiring that
retail establishments comply with the guide-
lines. The Secretary shall issue final regulations
imposing the requirement not later than 180
days after issuance of any proposed regulations.
Any final regulations shall become effective 180
days after the date of the issuance of the final
regulations.
‘‘(c) ENFORCEMENT.—A State may bring, in the
name of the State and within the jurisdiction of the State,
a proceeding for the civil enforcement, or to restrain a vio-
lation, of final regulations issued pursuant to subsection
(b)(3)(C) if the food that is the subject of the proceeding
is located in the State.
‘‘SEC. 504. LIVESTOCK TRACEBACK.
‘‘(a) IN GENERAL.—
‘‘(1) IDENTIFICATION.—For the purpose of un-
derstanding the nature of foodborne illness and
minimizing the risks of foodborne illness from car-
casses and parts of carcasses and meat and meat
food products distributed in commerce, the Secretary
shall, as the Secretary considers necessary, prescribe
by regulation that cattle, sheep, swine, and goats,
and horses, mules, and other equines presented for
slaughter for human food purposes be identified in
a manner prescribed by the Secretary to enable the
Secretary to trace each animal to any premises at
which the animal has been held for such period prior
to slaughter as the Secretary considers necessary to
carry out this Act.
‘‘(2) 
PROHIBITION
OR
RESTRICTION
ON
ENTRY.—The Secretary may prohibit or restrict
entry into any slaughtering establishment inspected
under this Act of any cattle, sheep, swine, or goats,
or horses, mules, or other equines not identified as
prescribed by the Secretary.
‘‘(b) RECORDS.—
‘‘(1) IN GENERAL.—The Secretary may require
that a person required to identify livestock pursuant
to subsection (a) maintain accurate records, as pre-
scribed by the Secretary, regarding the purchase,
sale, and identification of the livestock.
‘‘(2) ACCESS.—A person subject to paragraph
(1) shall, at all reasonable times, on notice by a duly
authorized representative of the Secretary, afford
the representative access to the place of business of
the person and an opportunity to examine the
records of the person and copy the records.
‘‘(3) DURATION.—Any record required to be
maintained under this subsection shall be main-
tained for such period of time as the Secretary pre-
scribes.
‘‘(c) FALSE INFORMATION.—No person shall falsify
or misrepresent to the Secretary or any other person any
information concerning the premises at which any cattle,
sheep, swine, or goats, or horses, mules, or other equines,
or carcasses thereof, were held.
‘‘(d) MAINTENANCE OF RECORDS.—No person shall,
without authorization from the Secretary, alter, detach, or
destroy any records or other means of identification pre-
scribed by the Secretary for use in determining the prem-
ises at which were held any cattle, sheep, swine, or goats,
or horses, mules, or other equines, or the carcasses there-
of.
‘‘(e) HUMAN PATHOGENS OR OTHER HARMFUL SUB-
STANCES.—
‘‘(1) IDENTIFICATION OF SOURCE.—If the Sec-
retary finds any human pathogen or any other po-
tentially harmful substance in any cattle, sheep,
swine, or goats, or horses, mules, or other equines
at the time they are presented for slaughter or in
any carcasses, parts of carcasses, meat, or meat food
products prepared in an official establishment and
the Secretary finds that there is a reasonable prob-
ability that human consumption of any meat or meat
food product containing the human pathogen or
other potentially harmful substance presents a
threat to public health, the Secretary may take such
action as the Secretary considers necessary to deter-
mine the source of the human pathogen or other po-
tentially harmful substance.
‘‘(2) ACTION.—If the Secretary identifies the
source of any human pathogen or other potentially
harmful substance referred to in paragraph (1), the
Secretary may prohibit or restrict the movement of
any animals, carcasses, parts of carcasses, meat,
meat food products, or any other article from any
source of the human pathogen or other potentially
harmful substance until the Secretary determines
that the human pathogen or other potentially harm-
ful substance at the source no longer presents a
threat to public health.
‘‘(f) PRODUCERS AND HANDLERS.—
‘‘(1) USE OF METHODS.—The Secretary shall
use any means of identification and recordkeeping
methods utilized by producers or handlers of cattle,
sheep, swine, or goats, or horses, mules, or other
equines whenever the Secretary determines that the
means of identification and recordkeeping methods
will enable the Secretary to carry out this section.
‘‘(2) COOPERATION.—The Secretary may co-
operate with producers or handlers of cattle, sheep,
swine, or goats, or horses, mules, or other equines,
in which any human pathogen or other potentially
harmful substance described in subsection (e)(1) is
found, to develop and carry out methods to limit or
eliminate the human pathogen or other potentially
harmful substance at the source.
‘‘SEC. 505. NOTIFICATION AND RECALL OF NONCONFORM-
ING ARTICLES.
‘‘(a) NOTIFICATION.—Any person preparing car-
casses or parts of carcasses, meat, or meat food products
for distribution in commerce who obtains knowledge that
provides a reasonable basis for believing that any car-
casses or parts of carcasses or any meat or meat food
products—
‘‘(1) are unsafe for human consumption, adul-
terated, or not produced in accordance with section
501(a); or
‘‘(2) are misbranded;
shall immediately notify the Secretary, in such manner
and by such means as the Secretary may by regulation
prescribe, of the identity and location of the articles.
‘‘(b) RECALL.—
‘‘(1) IN GENERAL.—If the Secretary finds, on
notification or otherwise, that any carcasses or parts
of carcasses or any meat or meat food products—
‘‘(A) are unsafe for human consumption,
adulterated, or not produced in accordance with
section 501(a); or
‘‘(B) are misbranded;
after the date of issuance of the order, on the ac-
tions required by the order.
‘‘(2) VACATION OF ORDER.—If, after providing
an opportunity for the hearing, the Secretary deter-
mines that inadequate grounds exist to support the
actions required by the order, the Secretary shall va-
cate the order.
‘‘(d) JUDICIAL RECALL.—A district court of the
United States may order any person engaged in the proc-
essing, handling, transportation, storage, importation, dis-
tribution, or sale of any carcass, part of a carcass, meat,
or meat food product to recall the carcass, part of a car-
cass, meat, or meat food product if the court finds that
there is a reasonable probability that the carcass, part of
a carcass, meat, or meat food product is unsafe for human
consumption, adulterated, or misbranded.
‘‘SEC. 506. REFUSAL OR WITHDRAWAL OF INSPECTION.
‘‘(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, in-
spections under title I with respect to any official estab-
lishment if the Secretary determines, after opportunity for
a hearing is accorded to the applicant for, or recipient of,
the service that the applicant or recipient, or any person
connected with the applicant or recipient, has repeatedly
failed to comply with this Act.
‘‘(b) INSPECTIONS PENDING REVIEW.—The Sec-
retary may direct that, pending opportunity for an expe-
dited hearing in the case of any refusal or withdrawal of
inspections and the final determination and order under
subsection (a) and any judicial review of the determination
and order, inspections shall be denied or suspended if the
Secretary considers the action necessary in the public in-
terest in order to protect the health or welfare of consum-
ers or to ensure the safe and effective performance of offi-
cial duties under this Act.
‘‘(c) JUDICIAL REVIEW.—
‘‘(1) IN
GENERAL.—The determination and
order of the Secretary with respect to refusal or
withdrawal of inspections under this section shall be
final and conclusive unless the applicant for, or re-
cipient of, inspections files an application for judicial
review not later than 30 days after the effective date
of the order.
‘‘(2) INSPECTIONS PENDING REVIEW.—Inspec-
tions shall be refused or withdrawn as of the effec-
tive date of the order pending any judicial review of
the order unless the Secretary or the Court of Ap-
peals directs otherwise.
‘‘(3) VENUE; RECORD.—Judicial review of the
order shall be—
‘‘(A) in the United States Court of Appeals
for the circuit in which the applicant for, or the
recipient of, inspections has the principal place
of business of the applicant or recipient or in
the United States Court of Appeals for the Dis-
trict of Columbia Circuit; and
‘‘(B) based on the record on which the de-
termination and order are based.
‘‘(4) PROCESS.—Section 204 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 194), shall be
applicable to appeals taken under this section.
‘‘(d) ADDITIONAL AUTHORITY.—This section shall be
in addition to, and not derogate from, any provision of
this Act for refusal, withdrawal, or suspension of inspec-
tions under title I.
‘‘SEC. 507. CIVIL PENALTIES.
‘‘(a) IN GENERAL.—
‘‘(1) ASSESSMENT.—A person who violates this
title, a regulation issued under this title, or an order
issued under subsection (b) or (d) of section 505
may be assessed a civil penalty by the Secretary of
not more than $100,000 for each day of violation.
‘‘(2) SEPARATE VIOLATION.—Each offense de-
scribed in paragraph (1) shall be considered to be a
separate violation.
‘‘(3) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—No penalty may be assessed against a person
under this section unless the person is given notice
and an opportunity for a hearing on the record be-
fore the Secretary in accordance with sections 554
and 556 of title 5, United States Code.
‘‘(4) AMOUNT.—The amount of the civil penalty
shall be assessed by the Secretary by written order,
taking into account the gravity of the violation, the
degree of culpability, and any history of prior of-
fenses. The amount may be reviewed only as pro-
vided in subsection (b).
‘‘(b) REVIEW.—
‘‘(1) IN GENERAL.—A person against whom a
violation is found and a civil penalty assessed by
order of the Secretary under subsection (a) may ob-
tain review of the order in the United States Court
of Appeals for the circuit in which the party resides
or has a place of business or in the United States
Court of Appeals for the District of Columbia Cir-
cuit by filing a notice of appeal in the court not later
than 30 days after the date of the order and by si-
multaneously sending a copy of the notice by cer-
tified 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 penalty as-
sessed.
‘‘(3) FINDINGS.—The findings of the Secretary
shall be set aside only if found to be unsupported by
substantial evidence on the record as a whole.
‘‘(c) CIVIL ACTION TO RECOVER ASSESSMENT.—
‘‘(1) IN GENERAL.—If a person fails to pay an
assessment of a civil penalty after the penalty has
become a final and unappealable order, or after the
appropriate Court of Appeals has entered final judg-
ment in favor of the Secretary, the Secretary shall
refer the matter to the Attorney General, who shall
institute a civil action to recover the amount as-
sessed in any appropriate district court of the
United States.
‘‘(2) SCOPE OF REVIEW.—In a recovery action
under paragraph (1), the validity and appropriate-
ness of the order of the Secretary imposing the civil
penalty shall not be subject to review.
‘‘(d) DISPOSITION OF AMOUNTS.—All amounts col-
lected under this section shall be paid into the Treasury
of the United States.
‘‘(e) EQUITABLE RELIEF.—
‘‘(1) RELATIONSHIP
TO
OTHER
ACTIONS.—
Nothing in this Act requires the Secretary to report
for criminal prosecution, or for the institution of an
injunction or other proceeding, a violation of this
Act, if the Secretary believes that the public interest
will be adequately served by assessment of civil pen-
alties.
‘‘(2) MODIFICATION
OF
PENALTY.—The Sec-
retary may compromise, modify, or remit, with or
without conditions, any civil penalty assessed under
this section.
‘‘SEC. 508. WHISTLEBLOWER PROTECTION.
‘‘(a) IN GENERAL.—No person subject to this Act
may harass, prosecute, hold liable, or discriminate against
any employee or other person because the person—
‘‘(1) is assisting or demonstrating an intent to
assist in achieving compliance with any Federal or
State law (including a rule or regulation);
‘‘(2) is refusing to violate or assist in the viola-
tion of any Federal or State law (including a rule or
regulation); or