or not the first sale) after shipment in interstate 
commerce and there is a reasonable probability that 
such article, if consumed, would present a threat to 
public health, as determined by the Secretary, the 
Secretary shall provide the appropriate persons (in-
cluding the manufacturers, importers, distributors, 
or retailers) with an opportunity to— 
‘‘(A) cease distribution of such article; 
‘‘(B) notify all persons— 
‘‘(i) producing, manufacturing, pack-
ing, processing, preparing, treating, pack-
aging, distributing, or holding such article; 
or 
‘‘(ii) to which such article has been 
distributed, transported, or sold, to imme-
diately cease distribution of such article; 
‘‘(C) recall such article; 
‘‘(D) provide, in consultation with the Sec-
retary, notice to consumers to whom such arti-
cle was, or may have been, distributed; or 
‘‘(E) take any combination of the above 
measures, as appropriate in the circumstances. 
‘‘(2) PRE-HEARING ORDER TO CEASE DISTRIBU-
TION AND GIVE NOTICE.—If such person refuses to 
or does not voluntarily cease distribution, make noti-
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fication, recall such article, or provide notice to con-
sumers, as applicable, within the time and in the 
manner prescribed by the Secretary, the Secretary 
shall, by order, require, as the Secretary deems nec-
essary, such person to— 
‘‘(A) immediately cease distribution of 
such article; 
‘‘(B) immediately notify all persons— 
‘‘(i) producing, manufacturing, pack-
ing, processing, preparing, treating, pack-
aging, distributing, or holding such article; 
or 
‘‘(ii) to which such article has been 
distributed, transported, or sold, to imme-
diately cease distribution of such article; or 
‘‘(C) immediately take the actions specified 
in both subparagraphs (A) and (B). 
‘‘(3) NOTIFICATION
OF
CONSUMERS
BY
SEC-
RETARY.—The Secretary shall, as the Secretary 
deems necessary, provide notice to consumers to 
whom such article was, or may have been, distrib-
uted. 
‘‘(c) HEARING ON ORDER.—The Secretary shall pro-
vide any person subject to an order under subsection (b) 
with an opportunity for a hearing, to be held as soon as 
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possible but not later than 2 days after the issuance of 
the order, on the actions required by the order and on 
why the article that is the subject of the order should not 
be recalled. 
‘‘(d) POST-HEARING RECALL ORDER.— 
‘‘(1) AMENDMENT OF ORDER.—If, after pro-
viding opportunity for a hearing under subsection 
(c), the Secretary determines that there is a reason-
able probability that the article that is the subject 
of an order under subsection (b), if consumed, pre-
sents a threat to public health, the Secretary, as the 
Secretary deems necessary, may— 
‘‘(A) amend the order to require recall of 
such article or other appropriate action; 
‘‘(B) specify a timetable in which the recall 
shall occur; 
‘‘(C) require periodic reports to the Sec-
retary describing the progress of the recall; and 
‘‘(D) provide notice to consumers to whom 
such article was, or may have been, distributed. 
‘‘(2) VACATION OF ORDER.—If, after such a 
hearing, the Secretary determines that adequate 
grounds do not exist to continue the actions required 
by the order, the Secretary shall vacate the order. 
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‘‘(e) REMEDIES NOT EXCLUSIVE.—The remedies 
provided in this section shall be in addition to and not 
exclusive of other remedies that may be available. 
‘‘SEC. 418. CIVIL PENALTIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) ACTS
SUBJECT
TO
PENALTY; PENALTY 
AMOUNT.—Any person that commits an act that vio-
lates this Act with respect to food or the Consumer 
Food Safety Act of 2007 may be assessed a civil 
penalty by the Secretary of not more than $100,000 
for each such act. Each such act and each day dur-
ing which such act continues shall be a separate of-
fense. 
‘‘(2) NOTICE AND HEARING.—No penalty shall 
be assessed by the Secretary under this section un-
less such person is given notice and opportunity for 
a hearing on the record before the Secretary in ac-
cordance with sections 554 and 556 of title 5, 
United States Code. 
‘‘(3) OTHER REQUIREMENTS.—The amount of 
such civil penalty shall be assessed by the Secretary 
by written order, taking into account the gravity of 
the violation, degree of culpability, size and type of 
business, and any history of prior offenses; and may 
be reviewed only as provided in subsection (b). 
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‘‘(b) JUDICIAL REVIEW.—An order assessing a civil 
penalty under subsection (a) shall be final and conclusive 
unless the person files, within 30 days from the effective 
date of the order, an application for judicial review in the 
Court of Appeals of the United States for the circuit in 
which such person resides or has its principal place of 
business or in the United States Court of Appeals for the 
District of Columbia Circuit by filing a notice of appeal 
in such court and by simultaneously sending a copy of 
such notice by certified mail to the Secretary. The Sec-
retary shall promptly file in such court a certified copy 
of the record upon which such penalty was assessed. 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) COLLECTION ACTIONS.—If any person fails to 
pay an assessment of a civil penalty after it has become 
a final and unappealable order, or after the appropriate 
court of appeals has entered final judgment in favor of 
the Secretary, the Secretary shall refer the matter to the 
Attorney General, who shall institute a civil action to re-
cover the amount assessed in an appropriate district court 
of the United States. In such collection action, the validity 
and appropriateness of the Secretary’s order imposing the 
civil penalty shall not be subject to review. 
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‘‘(d) PENALTIES PAID INTO TREASURY.—All pen-
alties collected under authority of this section shall be paid 
into the Treasury of the United States. 
‘‘(e) SECRETARY’S DISCRETION TO PROSECUTE.— 
Nothing in this Act shall be construed as requiring the 
Secretary to report for prosecution, or for the institution 
of libel or injunction proceedings, violations of this Act 
whenever the Secretary believes that the public interest 
will be adequately served by assessment of civil penalties. 
‘‘(f) REMEDIES NOT EXCLUSIVE.—The remedies 
provided in this section shall be in addition to and not 
exclusive of other remedies that may be available. 
‘‘SEC. 419. WHISTLEBLOWER PROTECTION. 
‘‘(a) IN GENERAL.—No employee or other person 
may be harassed, prosecuted, held liable, or discriminated 
against in any way because that person— 
‘‘(1) has commenced, caused to be commenced, 
or is about to commence a proceeding, testified or is 
about to testify at a proceeding, or assisted or par-
ticipated or is about to assist or participate in any 
manner in such a proceeding or in any other action 
to carry out the purposes, functions, or responsibil-
ities of the Consumer Food Safety Act of 2007, the 
Federal Food, Drug, and Cosmetic Act, the Meat 
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Inspection Act, or the Poultry Products Inspection 
Act; or 
‘‘(2) is refusing to violate or assist in violation 
of law, rule, or regulation. 
‘‘(b) PROCEDURES.—The process and procedures 
with respect to prohibited discrimination under subsection 
(a) shall be governed by the applicable provisions of sec-
tion 31105 of title 49, United States Code, unless the 
party bringing an action under this subsection chooses al-
ternative dispute resolution procedures such as mediation 
or arbitration. 
‘‘(c) BURDENS OF PROOF.—The legal burdens of 
proof with respect to prohibited discrimination under sub-
section (a) shall be governed by the applicable provisions 
of sections 1214 and 1221 of title 5, United States Code. 
‘‘SEC. 420. ADMINISTRATION AND ENFORCEMENT; APPLICA-
BILITY OF PENALTY PROVISIONS; CONDUCT 
OF INQUIRIES; POWER AND JURISDICTION OF 
COURTS. 
‘‘For the efficient administration and enforcement of 
this chapter, the provisions (including penalties) of sec-
tions 6, 8, 9, and 10 of the Federal Trade Commission 
Act (15 U.S.C. 46, 48, 49, and 50) (except subsections 
(c) through (h) of section 6 of such Act), are made appli-
cable to the jurisdiction, powers, and duties of the Sec-
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retary in administrating and enforcing the provisions of 
this chapter and to any person with respect to whom such 
authority is exercised. The Secretary, in person or by such 
agents as he may designate, may prosecute any inquiry 
necessary to his duties under this chapter in any part of 
the United States, and the powers conferred by said sec-
tions 9 and 10 if the Federal Trade Commission Act (15 
U.S.C. 49, 50) on the district courts of the United States 
may be exercised for the purposes of this chapter by any 
appropriate court. 
‘‘SEC. 421. TRACEBACK. 
‘‘The Secretary may impose on a food product re-
quirements for the traceability of such type or class of food 
product whenever such requirements are necessary to as-
sure the protection of the public health. Traceability re-
quirements shall be established in accordance with regula-
tions and guidelines issued by the Secretary. 
‘‘SEC. 422. CITIZEN’S CIVIL ACTIONS. 
‘‘Any person may commence a civil action against— 
‘‘(1) any person who violated any rule, toler-
ance, order, or other action of the Secretary to en-
sure the safety of food products; or 
‘‘(2) the Secretary where there is alleged a fail-
ure of the Secretary to perform any act or duty to 
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ensure the safety of food products, which is not dis-
cretionary. 
The district courts shall have jurisdiction, without regard 
for the amount in controversy, or the citizenship of the 
parties, to enforce such rule, tolerance, order, or other ac-
tion of the Secretary, or to order the Secretary to perform 
such act or duty. The suit shall be commenced in the dis-
trict in which the defendant resides or is found or has 
an agent. The court may award damages sustained and 
if the court determines it to be in the interest of justice, 
may award the plaintiff the costs of suit, including reason-
able attorney’s fees, reasonable expert witness fees, and 
penalties. The remedies provided for in this section shall 
be in addition to and not in lieu of any other remedies 
provided by common law or under Federal or State law.’’. 
(b) CONFORMING AMENDMENT; PROHIBITED ACT.— 
Section 301 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 331) is amended by adding at the end the fol-
lowing: 
‘‘(jj) The failure or refusal to comply with an order 
issued under section 417(b)(2) or 417(d). 
‘‘(kk) The failure to comply with the Consumer Food 
Safety Act of 2007.’’. 
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TITLE IV—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated, to carry out this Act, such sums as may be nec-
essary for fiscal years 2008 through 2012. 
(b) ASSISTANCE TO STATES.—Of the funds author-
ized to be appropriated under subsection (a), there are au-
thorized to be appropriated such sums as may be nec-
essary for fiscal years 2008 through 2012, for carrying 
out State program assistance activities under section 105. 
(c) RESEARCH PROGRAM AUTHORIZATION.—Of the 
funds authorized to be appropriated under subsection (a), 
there are authorized to be appropriated such sums as may 
be necessary for fiscal years 2008 through 2012, for car-
rying out the research program authorized by section 203. 
Æ 
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