I
107TH CONGRESS
1ST SESSION
H. R. 1276
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
MARCH 28, 2001
Mrs. LOWEY (for herself and Mr. THOMPSON of Mississippi) 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 FOR VIOLATION OF MEAT
AND POULTRY INSPECTION LAWS.
(a) AUTHORITY TO ACCESS PENALTIES.—The Sec-
retary of Agriculture may assess, by written order, a civil
penalty against a person that violates the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), including
a regulation promulgated or order issued under such Acts.
Each violation, and each day during which a violation con-
tinues, shall be a separate offense.
(b) AMOUNT
AND FACTORS
IN ACCESSING PEN-
ALTIES.—The maximum amount that may be accessed
under this section for a violation may not exceed
$100,000. In determining the amount of the civil penalty,
the Secretary of Agriculture shall take into account—
(1) the gravity of the violation;
(2) the degree of culpability;
(3) the size and type of the business; and
(4) any history of prior offenses under the Fed-
eral Meat Inspection Act or the Poultry Products In-
spection Act.
(c) NOTICE AND OPPORTUNITY FOR HEARING.—The
Secretary of Agriculture 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 sections 554 and
556 of title 5, United States Code.
(d) JUDICIAL REVIEW.—(1) An order assessing a
civil penalty against a person under subsection (a) may
be reviewed only in accordance with this subsection. The
order shall be final and conclusive unless the person—
(A) not later than 30 days after the effective
date of the order, files a petition for judicial review
in the United States court of appeals for the circuit
in which the person resides or has its principal place
of business or in the United States Court of Appeals
for the District of Columbia; and
(B) simultaneously sends a copy of the petition
by certified mail to the Secretary.
(2) 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.
(e) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—If a person fails to pay a civil penalty after
the order assessing the civil penalty has become final and
unappealable, the Secretary shall refer the matter to the
Attorney General, who shall bring a civil action to recover
the amount of the civil penalty in United States district
court. In the collection action, the validity and appro-
priateness of the order of the Secretary of Agriculture im-
posing the civil penalty shall not be subject to review.
(f) 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 of Agri-
culture may refuse to provide or withdraw inspection
under title I of the Federal Meat Inspection Act or under
the Poultry Products Inspection Act, as the case may be,
until the civil penalty is paid or until the Secretary directs
otherwise.
(g) PENALTIES IN LIEU OF OTHER ACTIONS.—Noth-
ing in the Federal Meat Inspection Act or the Poultry
Products Inspection Act requires the Secretary of Agri-
culture to report for prosecution, or for the institution of
an action, a violation of such Act if the Secretary believes
that the public interest will be adequately served by assess-
ment of a civil penalty under this section.
(h) ADDITIONAL REMEDIES.—The remedies provided
in this section shall be in addition to any other remedies
that may be available.
(i) PERSON DEFINED.—In this section, the term
‘‘person’’ means any individual, partnership, corporation,
association, or other business unit.
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