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).
‘‘(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.
‘‘(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. 416. 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 2001, the
Federal Food, Drug, and Cosmetic Act, the Meat
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. 417. 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 provision (including penalties) of sections
46, 48, 49, and 50 of title 15 (except subsections (c)
through (h) of section 46 and section 49 of title 15), are
made applicable to the jurisdiction, powers, and duties of
the Secretary in administrating and enforcing the provi-
sions of this chapter and to any person with respect to
whom such authority is exercised. The Secretary, in per-
son 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 sections 49 and 50 of title 15 on the district courts
of the United States may be exercised for the purposes
of this chapter by any appropriate court.
‘‘SEC. 418. 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. 419. 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
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 new subsections:
‘‘(x) The failure or refusal to comply with an order
issued under section 414(b)(2) or 414(d).
‘‘(y) The failure to comply with the Consumer Food
Safety Act of 2001.’’.
TITLE IV—AUTHORIZATION
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 year 2001 and for fiscal year 2002.
(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 year 2001 and for fiscal year 2002, for
carrying out State program assistance activities under sec-
tion 106.
(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 year 2001 and for fiscal year 2002,
for carrying out the research program authorized by sec-
tion 203.
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