I
105TH CONGRESS
1ST SESSION
H. R. 2344
To expand the enforcement options under the Federal Meat Inspection Act
and the Poultry Products Inspection Act to include the imposition of
civil money penalties.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1997
Mrs. LOWEY introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To expand the enforcement options under the Federal Meat
Inspection Act and the Poultry Products Inspection Act
to include the imposition of civil money penalties.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CIVIL PENALTIES UNDER MEAT AND POULTRY
INSPECTION LAWS.
(a) FMIA.—Section 406 of the Federal Meat Inspec-
tion Act (21 U.S.C. 676) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b)(1) In lieu of seeking the imposition of a fine or
imprisonment under subsection (a) against a person, firm,
or corporation for a violation of this Act, the Secretary
may assess a civil penalty against the person, firm, or cor-
poration in an amount not to exceed the amount specified
in subsection (a) for a comparable violation. The civil pen-
alty may be assessed for each violation or, in the case of
a continuing violation, for each day on which the violation
occurs.
‘‘(2) The Secretary may not access a civil penalty
against a person, firm, or corporation under this sub-
section unless the person, firm, or corporation is given no-
tice and an opportunity for a hearing on the record before
the Secretary. The Secretary shall assess the civil penalty
by written order.
‘‘(3) In determining the amount of the civil penalty
to be assessed against a person, firm, or corporation, the
Secretary shall take into account the gravity of the viola-
tion, the degree of culpability, the size and type of busi-
ness of the person, firm, or corporation, and any history
of prior offenses.
‘‘(4) An order assessing a civil penalty under this
subsection shall be final and conclusive unless the person,
firm, or corporation files, within 30 days after the effective
date of the order, an application for judicial review with—
‘‘(A) the United States Court of Appeals
for the circuit in which the person, firm, or cor-
poration resides or has its principal place of
business; or
‘‘(B) the United States Court of Appeals
for the District of Columbia.
‘‘(5) If, after a civil penalty has become a final and
unappealable order or after the appropriate court has en-
tered final judgment in favor of the Secretary, the person,
firm, or corporation fails to pay the civil penalty assessed
against the person, firm, or corporation, the Secretary
may refer the matter to the Attorney General, who shall
institute a civil action to recover the amount assessed. In
a recovery action under this paragraph, the validity and
appropriateness of the order of the Secretary assessing the
civil penalty shall not be subject to review.’’.
(b) PPIA.—Section 12 of the Poultry Products In-
spection Act (21 U.S.C. 461) is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b)(1) In lieu of seeking the imposition of a fine or
imprisonment under subsection (a) against a person for
a violation of this Act, the Secretary may assess a civil
penalty against the person in an amount not to exceed
the amount specified in subsection (a) for a comparable
violation. The civil penalty may be assessed for each viola-
tion or, in the case of a continuing violation, for each day
on which the violation occurs.
‘‘(2) The Secretary may not access a civil penalty
against a person under this subsection unless the person
is given notice and an opportunity for a hearing on the
record before the Secretary. The Secretary shall assess the
civil penalty by written order.
‘‘(3) In determining the amount of the civil penalty
to be assessed against a person, the Secretary shall take
into account the gravity of the violation, the degree of cul-
pability, the size and type of business of the person, and
any history of prior offenses.
‘‘(4) An order assessing a civil penalty under this
subsection shall be final and conclusive unless the person
files, within 30 days after the effective date of the order,
an application for judicial review with—
‘‘(A) the United States Court of Appeals
for the circuit in which the person resides or
has the person’s principal place of business; or