I
103D CONGRESS
2D SESSION
H. R. 3751
To establish a Meat, Poultry, and Eggs Inspection Agency to administer
the Federal Meat Inspection Act, the Poultry Products Inspection Act,
and the Egg Products Inspection Act, to expand the application of
these Acts, to provide for the establishment of safe cooking standards
for meat and poultry products, and to improve scientific research and
understanding of foodborne illnesses.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1994
Mr. TORRICELLI introduced the following bill; which was referred jointly to
the Committees on Agriculture and Energy and Commerce
A BILL
To establish a Meat, Poultry, and Eggs Inspection Agency
to administer the Federal Meat Inspection Act, the Poul-
try Products Inspection Act, and the Egg Products In-
spection Act, to expand the application of these Acts,
to provide for the establishment of safe cooking stand-
ards for meat and poultry products, and to improve
scientific research and understanding of foodborne
illnesses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Katie O’Connell Safe
Food Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—MEAT, POULTRY, AND EGGS INSPECTION AGENCY
SUBTITLE A—ESTABLISHMENT AND AUTHORITIES OF AGENCY
Sec. 101. Establishment of Meat, Poultry, and Eggs Inspection Agency.
Sec. 102. Director of Meat, Poultry, and Eggs Inspection.
Sec. 103. General authorities of the Director.
Sec. 104. Bureau for Improved Inspection Capabilities.
Sec. 105. Rules.
SUBTITLE B—TRANSITIONAL PROVISIONS
Sec. 131. Termination of Food Safety and Inspection Service and transfer of
assets, appropriations, and personnel to the Agency.
Sec. 132. Clarification of authority of Director to administer the Federal Meat
Inspection Act.
Sec. 133. Clarification of authority of Director to administer the Poultry Prod-
ucts Inspection Act.
Sec. 134. Clarification of authority of Director to administer the Egg Products
Inspection Act.
Sec. 135. Office of Inspector General of the Agency.
SUBTITLE C—OTHER MATTERS
Sec. 141. Definitions.
TITLE II—EXPANSION OF FOODS COVERED BY INSPECTION
LAWS.
Sec. 201. Coverage of additional meats under the Federal Meat Inspection Act.
Sec. 202. Coverage of additional poultry under the Poultry Products Inspection
Act.
TITLE III—ESTABLISHMENT AND ENFORCEMENT OF SAFE
COOKING STANDARDS FOR MEAT AND POULTRY PRODUCTS
Sec. 301. Establishment of safe cooking standards.
Sec. 302. Enforcement of safe cooking standards.
Sec. 303. Civil penalty for violations of safe cooking standards.
Sec. 304. Effect on State and local laws.
Sec. 305. Whistleblower protections.
Sec. 306. Definitions.
TITLE IV—EPIDEMIOLOGICAL ACTIVITIES REGARDING
FOODBORNE DISEASES
Sec. 401. Epidemiological activities.
TITLE V—RESEARCH ON TREATMENT OF FOODBORNE DISEASES
Sec. 501. Research on treatment; National Institute of Diabetes and Digestive
and Kidney Diseases.
TITLE I—MEAT, POULTRY, AND
EGGS INSPECTION AGENCY
Subtitle A—Establishment and
Authorities of Agency
SEC. 101. ESTABLISHMENT OF MEAT, POULTRY, AND EGGS
INSPECTION AGENCY.
(a) ESTABLISHMENT OF AGENCY.—There is estab-
lished in the executive branch an agency to be known as
the ‘‘Meat, Poultry, and Eggs Inspection Agency’’. The
Agency shall be an independent establishment, as defined
in section 104 of title 5, United States Code.
(b) RESPONSIBILITIES
OF AGENCY.—The Agency
shall be responsible for the implementation and adminis-
tration of—
(1) the Federal Meat Inspection Act (21 U.S.C.
601 et seq.);
(2) the Poultry Products Inspection Act (21
U.S.C. 451 et seq.);
(3) the Egg Products Inspection Act (21 U.S.C.
1031 et seq.);
(4) the establishment and enforcement pursu-
ant to title III of safe cooking standards for the
preparation of meat and poultry products at res-
taurants and other retail food establishments; and
(5) such other inspection, research, and over-
sight authorities regarding meat, poultry products,
and eggs inspection as may be provided to the Agen-
cy by this Act or other laws.
SEC. 102. DIRECTOR OF MEAT, POULTRY, AND EGGS IN-
SPECTION.
(a) APPOINTMENT.—There shall be at the head of the
Agency a Director of Meat, Poultry, and Eggs Inspection
who shall be appointed by the President, by and with the
advice and consent of the Senate. The Agency and the in-
spection laws shall be administered under the supervision
and direction of the Director.
(b) COMPENSATION.—The Director shall be com-
pensated at the rate provided for level II of the Executive
Schedule under section 5313 of title 5, United States
Code.
SEC. 103. GENERAL AUTHORITIES OF THE DIRECTOR.
(a) ASSISTANT DIRECTORS.—The Director may ap-
point not more than eight assistant directors of the Agen-
cy, who shall perform such supervisory and administrative
duties with respect to the Agency and the inspection laws
(e) EXPERTS
AND CONSULTANTS.—The Director
may procure the services of experts and consultants as au-
thorized by section 3109 of title 5, United States Code,
and pay in connection with such services travel expenses
of individuals, including transportation and per diem in
lieu of subsistence while away from their homes or regular
places of business, as authorized by section 5703 of such
title.
(f) BUREAUS, OFFICES, AND DIVISIONS.—The Direc-
tor may establish within the Agency such bureaus, offices,
and divisions as the Director may determine to be nec-
essary to discharge the responsibilities of the Agency.
Such an office may include an Office of the General Coun-
sel.
(g) REGIONAL AND FIELD OFFICES.—The Director
may establish, alter, discontinue, or maintain such re-
gional or other field offices as the Director may determine
to be necessary to carry out the functions vested in the
Director or other officials of the Agency.
SEC. 104. BUREAU FOR IMPROVED INSPECTION CAPABILI-
TIES.
(a) ESTABLISHMENT.—There is established within
the Agency an entity to be known as the ‘‘Bureau for Im-
proved Inspection Capabilities’’, which shall support ef-
forts to discover modern scientific techniques to improve
the inspection of meat, poultry, and eggs under the inspec-
tion laws and to incorporate such techniques into the in-
spection practices used by the Agency.
(b) BUREAU DIRECTOR.—The Director shall des-
ignate one of the assistant directors of the Agency ap-
pointed under section 103(a) to serve as director of the
Bureau. The director of the Bureau shall report directly
to the Director.
(c) ADVISORY COMMISSION ON INSPECTION.—
(1) APPOINTMENT AND DUTIES.—The Director
shall appoint an advisory commission to make rec-
ommendations to the Director regarding methods to
improve inspection techniques used to carry out the
inspection laws or to improve the reliability of exist-
ing techniques. The commission shall also perform
such other advisory or investigative duties as may be
assigned to the commission by this section or the Di-
rector.
(2) MEMBERS.—The members of the commis-
sion shall consist of—
(A) representatives of the meat, poultry,
and egg industries;
(B) scientists who are experts in the field
of food safety; and
(C) government officials who are actively
involved in meat, poultry, or eggs inspection at
the Federal or State level.
(3) TIME
PERIOD
FOR
FIRST
RECOMMENDA-
TIONS.—Not later than six months after the date on
which the commission is first appointed, the commis-
sion shall present the Director with a list of rec-
ommendations regarding methods to improve current
meat, poultry, and eggs inspection techniques.
(d) GRANT AND CONTRACT AUTHORITY FOR RE-
SEARCH.—The Director may make grants to and enter
into contracts with State and local governments, institu-
tions of higher education, and nonprofit research organiza-
tions for the purpose of promoting research to evaluate
the feasibility of implementing recommendations submit-
ted by the commission under subsection (c). Grants and
contracts under this subsection shall be made by the Di-
rector on a competitive basis in consultation with the Bu-
reau and commission. The commission shall review and
evaluate research conducted with assistance provided
under this subsection.
(e) IMPLEMENTATION OF RESULTS.—The Director
may prescribe rules to implement recommendations sub-
mitted by the commission under subsection (c) that are
shown to have potential for improving inspection tech-
niques or reliability under the inspection laws.
SEC. 105. RULES.
The Director may prescribe, in accordance with chap-
ters 5 and 6 of title 5, United States Code, such rules
as the Director determines to be necessary or appropriate
to administer and manage the functions of the Agency.
Subtitle B—Transitional Provisions
SEC. 131. TERMINATION OF FOOD SAFETY AND INSPECTION
SERVICE AND TRANSFER OF ASSETS, APPRO-
PRIATIONS, 
AND 
PERSONNEL 
TO 
THE
AGENCY.
(a) TERMINATION
OF SERVICE.—Not later than
lll days after the date of the enactment of this Act,
the Secretary of Agriculture shall terminate the activities
of the Food Safety and Inspection Service of the Depart-
ment of Agriculture to the extent such activities relate to
the administration or operation of the inspection laws.
(b) TRANSFER OF ASSETS AND FUNDS.—Consistent
with section 1531 of title 31, United States Code, the as-
sets, liabilities, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds of the Food Safety and Inspection
Service used in connection with the administration or op-
eration of the inspection laws shall be transferred to the
Agency not later than the date of the termination of the
Food Safety and Inspection Service under subsection (a).
Unexpended funds transferred pursuant to this subsection
shall be used by the Director only for the purposes for
which the funds were originally authorized and appro-
priated.
(c) TRANSFER OF PERSONNEL.—During the period
beginning on the date of the enactment of this Act and
ending upon the termination of the Food Safety and In-
spection Service under subsection (a), the Secretary of Ag-
riculture shall transfer to the Agency those officers and
employees of the Food Safety and Inspection Service who
perform duties in connection with the administration or
operation of the inspection laws.
(d) EFFECT OF TRANSFER ON PERSONNEL.—The
transfer under subsection (c) of full-time employees (ex-
cept special Government employees) and part-time em-
ployees holding permanent positions is not intended to
cause any such employee to be separated or reduced in
grade or compensation for one year after the date of the
transfer of the employee under such subsection. Any per-
son who, on the day preceding the effective date of this
Act, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break in service,
is appointed in the Agency to a position having duties
comparable to the duties performed immediately preceding
the appointment shall continue to be compensated in the
new position at not less than the rate provided for the
previous position, for the duration of the service of the
person in the new position.
(e) REFERENCES.—After the termination of the Food
Safety and Inspection Service under subsection (a), any
reference in any other Federal law, Executive order, rule,
regulation, document, or other material to the Food Safety
and Inspection Service in connection with the administra-
tion or operation of the inspection laws shall be deemed
a reference to the Agency.
SEC. 132. CLARIFICATION OF AUTHORITY OF DIRECTOR TO
ADMINISTER THE FEDERAL MEAT INSPEC-
TION ACT.
(a) DEFINITION OF DIRECTOR.—Section 1(a) of the
Federal Meat Inspection Act (21 U.S.C. 601(a)) is amend-
ed to read as follows:
‘‘(a) The term ‘Director’ means the Director of Meat,
Poultry, and Eggs Inspection of the Meat, Poultry, and
Eggs Inspection Agency.’’.
(b) REPEAL OF REFERENCES TO SECRETARY OF AG-
RICULTURE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by striking ‘‘Sec-
retary’’ each place it appears and inserting ‘‘Direc-
tor’’.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to the following uses of the term ‘‘Secretary’’
in such Act:
(A) 
Section 
1(n)(10) 
(21 
U.S.C.
601(n)(10)), the second place the term appears.
(B) Section 7(c)(2) (21 U.S.C. 607(c)(2)),
the second place the term appears.
(C) Section 409(b) (21 U.S.C. 679(b)), the
first and third places the term appears.
(c) REPEAL OF REFERENCES TO THE DEPARTMENT
OF AGRICULTURE.—The Federal Meat Inspection Act is
further amended—
(1) in section 18 (21 U.S.C. 618), by striking
‘‘Department’’ and inserting ‘‘Meat, Poultry, and
Eggs Inspection Agency’’; and
(2) in section 20(e)(3) (21 U.S.C. 620(e)(3)) by
striking ‘‘Department of Agriculture’’ and inserting
‘‘Meat, Poultry, and Eggs Inspection Agency’’.
SEC. 133. CLARIFICATION OF AUTHORITY OF DIRECTOR TO
ADMINISTER THE POULTRY PRODUCTS IN-
SPECTION ACT.
(a) DEFINITION OF DIRECTOR.—Section 4(i) of the
Poultry Products Inspection Act (21 U.S.C. 453(i)) is
amended to read as follows:
‘‘(i) The term ‘Director’ means the Director of Meat,
Poultry, and Eggs Inspection of the Meat, Poultry, and
Eggs Inspection Agency.’’.
(b) DEFINITION OF AGENCY.—Section 4(q) of the
Poultry Products Inspection Act (21 U.S.C. 453(q)) is
amended to read as follows:
‘‘(q) The term ‘inspection service’ means the Meat,
Poultry, and Eggs Inspection Agency.’’.
(c) REPEAL OF REFERENCES TO SECRETARY OF AG-
RICULTURE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Poultry Products Inspection Act is
amended—
(A) in section 2 (21 U.S.C. 451), by strik-
ing ‘‘Secretary of Agriculture’’ and inserting
‘‘Director of Meat, Poultry, and Eggs Inspec-
tion of the Meat, Poultry, and Eggs Inspection
Agency’’;
(B) in sections 4, 5, 6, 7, 8, 9, 11, 12, 13,
14, 15, 16, 18, 19, 20, 22, 23, 25, 27, and 29
(21 U.S.C. 453 et seq.) by striking ‘‘Secretary’’
each place it appears and inserting ‘‘Director’’;
(C) in section 17 (21 U.S.C. 466)—
(i) by striking ‘‘Secretary of Agri-
culture’’ each place it appears and insert-
ing ‘‘Director’’; and
(ii) in subsection (d)(3), by striking
‘‘Secretary’’ both places it appears and in-
serting ‘‘Director’’; and
(D) in section 24(b) (21 U.S.C. 467f(b)),
by striking ‘‘Secretary’’ the second place it ap-
pears and inserting ‘‘Director’’.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to the following uses of the term ‘‘Secretary’’
in such Act:
(A) 
Section 
4(h)(10) 
(21 
U.S.C.
453(h)(10)), the second place the term appears.
(B) Section 8(b)(2) (21 U.S.C. 457(b)(2)),
the second place the term appears.
SEC. 134. CLARIFICATION OF AUTHORITY OF DIRECTOR TO
ADMINISTER THE EGG PRODUCTS INSPEC-
TION ACT.
(a) DEFINITION OF DIRECTOR.—Section 4(x) of the
Egg Products Inspection Act (21 U.S.C. 1033(x)) is
amended to read as follows:
‘‘(i) The term ‘Director’ means the Director of Meat,
Poultry, and Eggs Inspection of the Meat, Poultry, and
Eggs Inspection Agency.’’.
(b) REPEAL OF REFERENCES TO SECRETARY OF AG-
RICULTURE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Egg Products Inspection Act is
amended—
(A) in section 2 (21 U.S.C. 1031), by
striking ‘‘Secretary of Agriculture’’ and insert-
ing ‘‘Director of Meat, Poultry, and Eggs In-
spection of the Meat, Poultry, and Eggs Inspec-
tion Agency’’;
(B) in sections 4 (other than subsection
(j)), 5, 6, 7, 8 (other than subsection (e)(8)),
9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24,
and 26 (21 U.S.C. 1033 et seq.) by striking
‘‘Secretary’’ each place it appears and inserting
‘‘Director’’;
(C) in section 4(j) (21 U.S.C. 1033(j)) is
amended by striking ‘‘the responsible Sec-
retary’’ and inserting ‘‘the Director or the Sec-
retary of Health and Human Services, as the
case may be,’’;
(D) in section 5(d) (21 U.S.C. 1034(d)) by
striking ‘‘said Secretaries’’ in the last sentence
and inserting ‘‘the Director or the Secretary of
Health and Human Services’’;
(E) 
in 
section 
8(e)(8) 
(21 
U.S.C.
1037(e)(8)) by striking ‘‘the Secretary of Agri-
culture’’ and inserting ‘‘the Director’’;
(F) in section 11 (21 U.S.C. 1040)—
(i) by striking ‘‘the Secretary of Agri-
culture’’ and inserting ‘‘the Director’’; and
(ii) by striking ‘‘either of said Sec-
retaries’’ and inserting ‘‘either the Director
or the Secretary of Health and Human
Services’’;
(G) in section 13 (21 U.S.C. 1042) by
striking ‘‘the Secretary of Agriculture’’ both
places it appears and inserting ‘‘the Director’’;
and
(H) in subsections (c) and (d) of section
23 (21 U.S.C. 1052), by striking ‘‘the Secretary
of Agriculture’’ both places it appears and in-
serting ‘‘the Director’’.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to the following uses of the term ‘‘Secretary’’
in such Act:
(A) Section 5(d) (21 U.S.C. 1034(d)), the
second place the term appears.
(B) 
Section 
5(e)(3) 
(21 
U.S.C.
1034(e)(3)), both places the term appears.
(C) 
Section 
5(e)(5) 
(21 
U.S.C.
1034(e)(5)), the second place the term appears.
(c) REPEAL OF REFERENCES TO THE DEPARTMENT
OF AGRICULTURE.—The Egg Products Inspection Act is
further amended—
(1) in section 4(q) (21 U.S.C. 1033(q)), by
striking ‘‘Department of Agriculture’’ and inserting
‘‘Meat, Poultry, and Eggs Inspection Agency’’; and
(2) 
in 
section 
26(a)(2)(C) 
(21 
U.S.C.
1054(a)(2)(C)), by striking ‘‘Department of Agri-
culture’’ and inserting ‘‘Meat, Poultry, and Eggs In-
spection Agency’’.
SEC. 135. OFFICE OF INSPECTOR GENERAL OF THE
AGENCY.
(a) TREATMENT OF AGENCY AS A DESIGNATED FED-
ERAL ENTITY.—Section 8F(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the
Meat, Poultry, and Eggs Inspection Agency,’’ after ‘‘the
Legal Services Corporation,’’.
(b) TIME FOR ESTABLISHMENT.—The Office of In-
spector General of the Agency required to be established
by the Director as a result of the amendment made by
subsection (a) shall be established not later than 180 days
after the date of the enactment of this Act.
Subtitle C—Other Matters
SEC. 141. DEFINITIONS.
For purposes of this title:
(1) AGENCY.—The term ‘‘Agency’’ means the
Meat, Poultry, and Eggs Inspection Agency estab-
lished under section 101.
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of Meat, Poultry, and Eggs Inspection
Agency appointed under section 102(a).
(3) INSPECTION LAWS.—The term ‘‘inspection
laws’’ means the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.), and the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.).
TITLE II—EXPANSION OF FOODS
COVERED BY INSPECTION LAWS
SEC. 201. COVERAGE OF ADDITIONAL MEATS UNDER THE
FEDERAL MEAT INSPECTION ACT.
The Federal Meat Inspection Act is amended by in-
serting after section 2 (21 U.S.C. 602) the following new
section:
‘‘SEC. 2A. AUTHORITY TO EXPAND ACT TO COVER ADDI-
TIONAL MEATS.
‘‘In addition to cattle, sheep, swine, goats, horses,
mules, and other equines specifically referred to in this
Act, the Director may extend the provisions of this Act
to cover other animals (such as deer, bison, and rabbits)
intended for human consumption.’’.
SEC. 202. COVERAGE OF ADDITIONAL POULTRY UNDER
THE POULTRY PRODUCTS INSPECTION ACT.
The Poultry Products Inspection Act is amended by
inserting after section 5 (21 U.S.C. 454) the following new
section:
‘‘SEC. 5A. AUTHORITY TO EXPAND ACT TO COVER ADDI-
TIONAL POULTRY.
‘‘In addition to chickens and turkeys traditionally
covered by this Act, the Director may extend the provi-
sions of this Act to cover other poultry (such as quail,
pheasant, and squab) intended for human consumption.’’.
TITLE III—ESTABLISHMENT AND
ENFORCEMENT 
OF 
SAFE
COOKING 
STANDARDS 
FOR
MEAT AND POULTRY PROD-
UCTS
SEC. 301. ESTABLISHMENT OF SAFE COOKING STANDARDS.
(a) ESTABLISHMENT.—The Director of Meat, Poul-
try, and Eggs Inspection Agency shall establish by rule
safe cooking standards for the preparation of meat and
poultry products, and foods containing meat and poultry
products, at restaurants and other retail food establish-
ments. The Director shall require that all meat and poul-
try products, and foods containing meat and poultry prod-
ucts, that require cooking or smoking shall be cooked to
heat all parts of the item to a temperature established in
the standards as sufficient to destroy potentially harmful
foodborne microorganisms.
(b) ENTITIES SUBJECT TO SAFE COOKING STAND-
ARDS.—Each restaurant or other retail food establishment
operating in the United States shall comply with the safe
cooking standards established pursuant to subsection (a),
except that the Director may exempt a restaurant or other
retail food establishment, or types of restaurants and
other retail food establishments, from the operation of the
standards.
(c) EXCEPTION TO COMPLIANCE.—A restaurant or
other retail food establishment may deviate from the safe
cooking standard applicable to the cooking or smoking of
a particular meat or poultry product, or a food containing
a meat or poultry product, if the customer orders the item
in an uncooked form or to be prepared in a manner that
necessitates a lower cooking temperature than the stand-
ard.
SEC. 302. ENFORCEMENT OF SAFE COOKING STANDARDS.
(a) ENFORCEMENT.—The Director shall use the per-
sonnel of the Meat, Poultry, and Eggs Inspection Agency
to enforce the safe cooking standards established under
section 301(a).
(b) INSPECTIONS.—To ensure compliance with the
safe cooking standards established under section 301(a),
the Director shall cause to be made, by inspectors ap-
pointed for that purpose, an examination and inspection
of the preparation of meat and poultry products, and foods
containing meat and poultry products, at restaurants and
other retail food establishments subject to this title. Such
examination and inspection shall be conducted with such
frequency and in such manner as the Director considers
necessary, as provided in rules issued by the Director. The
Director shall take into account such factors as the Direc-
tor considers to be appropriate, including—
(1) the nature and frequency of the cooking op-
erations at the restaurant or other retail food estab-
lishment involved;
(2) the adequacy and reliability of the cooking
controls and sanitary procedures at the restaurant
or establishment; and
(3) the history of compliance with inspection re-
quirements in effect under this title by the operator
of the restaurant or establishment.
(c) ACCESS.—For purposes of any examination and
inspection under subsection (b), inspectors shall have ac-
cess to every part of a restaurant or other retail food es-
tablishment subject to this title during operating hours of
the restaurant or establishment.
SEC. 303. CIVIL PENALTY FOR VIOLATIONS OF SAFE COOK-
ING STANDARDS.
(a) PENALTY.—Any restaurant or other retail food
establishment subject to this title that violates a safe cook-
ing standard established under section 301(a) shall be lia-
ble to the United States for a civil penalty assessed under
subsection (b) in an amount not less than $100, but not
to exceed $1000, for each violation.
(b) ASSESSMENT.—(1) A civil penalty payable under
subsection (a) may be assessed by the Director only on
the record after an opportunity for a hearing.
(2) In connection with a hearing under paragraph
(1), the Secretary shall have the power to issue subpoenas.
SEC. 304. EFFECT ON STATE AND LOCAL LAWS.
Nothing in this title shall be construed to preclude
a State or local government from establishing or enforcing
any safe cooking standards for the preparation of meat
and poultry products, and foods containing meat and poul-
try products, that is not in conflict with the safe cooking
standards established under section 301(a).
SEC. 305. WHISTLEBLOWER PROTECTION.
(a) PROTECTION.—No employee of a restaurant or
other retail food establishment subject to this title, and
no other person, may be harassed, prosecuted, held liable,
or discriminated against in any way because that employee
or other person—
(1) has notified the Meat, Poultry, and Eggs
Inspection Agency of a violation or possible violation
of the safe cooking standards established under sec-
tion 301(a); or
(2) has testified, is about to testify, has assisted
or participated, or is about to assist or participate,
in a proceeding or other action to enforce such safe
cooking standards.
(b) ENFORCEMENT OF PROTECTIONS.—The process
and procedures specified in subsections (c), (d), and (e)
of section 405 of the Surface Transportation Assistance
Act of 1982 (49 U.S.C. App. 2305) shall apply with re-
spect to an alleged violation of subsection (a) of this sec-
tion in the same manner as such subsections apply to a
violation of subsection (a) or (b) of that section, except
that any reference to the Secretary of Labor in such sub-
sections shall be deemed to mean the Secretary of Agri-
culture for purposes of this subsection.
SEC. 306. DEFINITIONS.
For purposes of this title:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of Meat, Poultry, and Eggs Inspection
Agency appointed under section 102(a).
(2) FOOD.—The term ‘‘food’’ has the meaning
given that term in section 201(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).
(3) MEAT.—The term ‘‘meat’’ has the meaning
given the term ‘‘meat food product’’ in section 1(j)
of the Federal Meat Inspection Act (21 U.S.C.
601(j)).
(4) POULTRY
PRODUCT.—The term ‘‘poultry
product’’ has the meaning given that term in section
4(f) of the Poultry Products Inspection Act (21
U.S.C. 453(f)).
(5) RESTAURANT; OTHER RETAIL FOOD ESTAB-
LISHMENT.—The terms ‘‘restaurant’’ and ‘‘other re-
tail food establishment’’ mean any place at which
meat or poultry products, or foods containing meat
or poultry products, are cooked or smoked for retail
sale to and consumption by a customer without addi-
tional cooking by the customer, whether or not such
consumption occurs on the premises or elsewhere.
Such terms include any central kitchen facility that
cooks or smokes meat or poultry products, or foods
containing meat or poultry products, that are ready
to eat when they leave the facility and are served in
meals or as entrees sold to customers at a res-
taurant owned or operated by the same person, firm,
or corporation owning or operating the facility.
TITLE 
IV—EPIDEMIOLOGICAL
ACTIVITIES 
REGARDING
FOODBORNE DISEASES
SEC. 401. EPIDEMIOLOGICAL ACTIVITIES.
Part B of title III of the Public Health Service Act
(42 U.S.C. 243 et seq.), as amended by section 703 of
Public Law 103–183, is amended by inserting after sec-
tion 317F the following section:
‘‘PREVENTION AND CONTROL OF FOODBORNE DISEASES
‘‘SEC. 317G. (a) IN GENERAL.—The Secretary, act-
ing through the Director of the Centers for Disease Con-
trol and Prevention, may carry out activities for the pre-
vention and control of foodborne diseases. The Secretary
may carry out such activities directly, and through grants
to and cooperative agreements and contracts with public
and nonprofit private entities.
‘‘(b) POPULATION-BASED SURVEILLANCE REGARD-
ING SELECTED DISEASES.—
‘‘(1) IN GENERAL.—In carrying out subsection
(a), the Secretary, in collaboration with public and
nonprofit private entities, shall select specific popu-
lations and, with respect to the populations so se-
lected, carry out the following activities regarding
foodborne diseases:
‘‘(A) Monitor the incidence and prevalence
of the diseases.
‘‘(B) Carry out activities to identify the
pathogenic agents for the diseases.
‘‘(C) Determine the extent to which var-
ious treatments are effective responses to the
agents so identified.
‘‘(D) Carry out activities to determine the
circumstances in which individuals are at risk
of the diseases.
‘‘(E) Evaluate efforts to control such dis-
eases.
‘‘(F) Such other activities as the Secretary
determines to be appropriate.
‘‘(2) SELECTION OF DISEASES FOR STUDY.—
The Secretary shall select the foodborne diseases
with respect to which paragraph (1) is to be carried
out. For purposes of the preceding sentence, the
Secretary may select conditions that have been sci-
entifically named and conditions that have not been
so named, and may select pathogenic agents.
‘‘(c) ACTIVITIES REGARDING NEW AND EMERGING
FOODBORNE PATHOGENS.—In carrying out subsection