[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1786 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1786

   To amend the Federal Meat Inspection Act and the Poultry Products 
    Inspection Act to require the inspection of meat and poultry to 
 determine the presence of microbial contamination that can cause food 
     poisoning or infection in humans, to require the Secretary of 
Agriculture to develop appropriate labeling to warn purchasers of meat 
   and poultry of potential microbial contamination and give proper 
 handling and cooking instructions to destroy microbial contaminants, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 1993

Mr. Kreidler (for himself and Mr. Swift) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
    Inspection Act to require the inspection of meat and poultry to 
 determine the presence of microbial contamination that can cause food 
     poisoning or infection in humans, to require the Secretary of 
Agriculture to develop appropriate labeling to warn purchasers of meat 
   and poultry of potential microbial contamination and give proper 
 handling and cooking instructions to destroy microbial contaminants, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Food-borne Illness 
Prevention Act of 1993''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
           TITLE I--AMENDMENTS TO FEDERAL MEAT INSPECTION ACT

Sec. 101. Definition of pathogens.
Sec. 102. Adulterated meat to include contamination with pathogens.
Sec. 103. Standards of animal cleanliness.
Sec. 104. Domestic inspection for pathogen contamination.
Sec. 105. Inspection of imported meat articles for pathogen 
                            contamination.
Sec. 106. Pathogens warning and handling and cooking instructions for 
                            raw meat and meat products.
Sec. 107. Recordkeeping.
        TITLE II--AMENDMENTS TO POULTRY PRODUCTS INSPECTION ACT

Sec. 201. Definition of pathogens.
Sec. 202. Adulterated poultry to include contamination with pathogens.
Sec. 203. Standards of poultry cleanliness.
Sec. 204. Domestic inspection for pathogen contamination.
Sec. 205. Inspection of imported poultry for pathogen contamination.
Sec. 206. Pathogens warning and handling and cooking instructions for 
                            raw poultry products.
Sec. 207. Recordkeeping.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Research program to prevent contamination of meat and poultry 
                            by pathogens.
Sec. 302. Animal identification program to trace pathogen 
                            contamination.
Sec. 303. Advisory council on meat and poultry pathogen control.
Sec. 304. Annual reports.
Sec. 305. Recoupment of costs of inspection for pathogen contamination 
                            and other activities under this Act.

           TITLE I--AMENDMENTS TO FEDERAL MEAT INSPECTION ACT

SEC. 101. DEFINITION OF PATHOGENS.

    Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is 
amended by adding at the end the following new definition:
    ``(w) The term `pathogens' means bacteria and other microbial 
organisms which, if present on or in a carcass, part of a carcass, 
meat, or meat food product of cattle, sheep, swine, goats, horses, 
mules, or other equines, may cause food poisoning or infection if 
consumed without proper handling and cooking.''.

SEC. 102. ADULTERATED MEAT TO INCLUDE CONTAMINATION WITH PATHOGENS.

    (a) Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 
601(m)) is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(10) if it contains a level of pathogens in excess of the 
        level of pathogens established by the Secretary by rule for the 
        particular type of carcass, part of a carcass, meat, or meat 
        food product involved.''.

SEC. 103. STANDARDS OF ANIMAL CLEANLINESS.

    (a) Standards.--Section 8 of the Federal Meat Inspection Act (21 
U.S.C. 608) is amended--
            (1) by striking ``Sec. 8.'' and inserting the following:

``SEC. 8. SANITATION AND ANIMAL CLEANLINESS AT INSPECTED 
              ESTABLISHMENTS.

    ``(a) Sanitary Inspection and Regulation of Establishments.--''; 
and
            (2) by adding at the end the following new subsection:
    ``(b) Standards of Cleanliness for Animals.--(1) The Secretary 
shall prescribe by rule for slaughtering, meat-canning, salting, 
packing, rendering, or similar establishments certain standards of 
cleanliness--
            ``(A) for cattle, sheep, swine, goats, horses, mules, and 
        other equines, which shall apply between the time they are 
        first allowed to enter the establishment under section 3(a) and 
        the time they are slaughtered; and
            ``(B) for the carcasses and parts of carcasses of cattle, 
        sheep, swine, goats, horses, mules, and other equines after 
        slaughter during the preparation of such carcasses and parts of 
        carcasses as meat or meat food products for commerce.
    ``(2) The Secretary shall cause to be made, by experts in 
sanitation or by other competent inspectors, such inspection of these 
establishments as may be necessary to determine--
            ``(A) the sanitary condition of cattle, sheep, swine, 
        goats, horses, mules, and other equines pending their 
        slaughter;
            ``(B) the sanitary condition of carcasses and parts of 
        carcasses during the preparation of such carcasses and parts of 
        carcasses as meat or meat food products for commerce; and
            ``(C) whether a violation of the standards of cleanliness 
        established under paragraph (1) exists.
    ``(3) If the sanitary condition of cattle, sheep, swine, goats, 
horses, mules, and other equines or the sanitary condition of carcasses 
and parts of carcasses at such an establishment are such that the 
Secretary determines that a violation of the standards of cleanliness 
exists and the meat or meat food products prepared at the establishment 
are rendered adulterated, the Secretary shall refuse to allow the meat 
or meat food products to be labeled, marked, stamped, or tagged as 
`inspected and passed'.''.
    (b) Effect of Noncompliance.--Section 1(m) of such Act (21 U.S.C. 
601(m)) is amended--
            (1) in paragraph (4), by inserting ``or in violation of the 
        standards of cleanliness established under section 8(b),'' 
        after ``insanitary conditions''; and
            (2) in paragraph (5), by striking ``the product of an 
        animal which has died otherwise than by slaughter;'' and 
        inserting the following: ``the product of--
                    ``(A) an animal that has been held by a 
                slaughtering, meat-canning, salting, packing, 
                rendering, or similar establishment in violation of the 
                standards of cleanliness established under section 
                8(b); or
                    ``(B) an animal that has died otherwise than by 
                slaughter;''.

SEC. 104. DOMESTIC INSPECTION FOR PATHOGEN CONTAMINATION.

    The Federal Meat Inspection Act is amended by inserting after 
section 6 (21 U.S.C. 606) the following new section:

``SEC. 6A. MICROBIAL TESTING OF CARCASSES, PARTS OF CARCASSES, MEAT, 
              AND MEAT FOOD PRODUCTS TO DETERMINE PATHOGEN LEVELS.

    ``(a) Microbial Testing Required.--The Secretary shall initiate an 
inspection program of microbial testing of a statistically significant 
sample of carcasses and parts of carcasses of cattle, sheep, swine, 
goats, horses, mules, and other equines slaughtered at any 
slaughtering, meat-canning, salting, packing, rendering, or similar 
establishment in the United States and of meat and meat food products 
prepared for commerce in any such establishment to determine the 
presence of pathogens and to detect levels of pathogens exceeding those 
levels established under subsection (c).
    ``(b) Violation of Pathogen Levels.--Any carcass, part of a 
carcass, meat, or meat food product found by microbial testing to be 
adulterated under section 1(m)(10) shall be marked, stamped, tagged, or 
labeled as `Inspected and condemned'. Such a condemned item shall be 
destroyed for human food purposes, and the Secretary may suspend 
inspection at, and remove inspectors from, any establishment that fails 
to condemn adulterated items or fails to destroy condemned items.
    ``(c) Establishment of Pathogen Levels.--The Secretary shall issue 
rules establishing allowable levels of pathogens for purposes of 
determining whether a carcass, part of a carcass, meat, or meat food 
product of cattle, sheep, swine, goats, horses, mules, or other equines 
is adulterated under section 1(m)(10). For the purpose of establishing 
such levels, the Secretary shall collect and evaluate scientific 
information on the presence and quantities of pathogens occurring--
            ``(1) in live animals, including different species and 
        classes of animals, such as dairy cattle and diseased animals 
        to be slaughtered separately under section 3(a);
            ``(2) in carcasses condemned under section 4; and
            ``(3) in raw meat and meat food products.
    ``(d) Identification of Pathogens.--The Secretary of Agriculture 
shall identify those bacteria and other organisms which cannot normally 
be detected by visual inspection and which, when present on or in 
carcasses, parts of carcasses, meat, or meat food products of cattle, 
sheep, swine, goats, horses, mules, and other equines, can cause food 
poisoning or infection if consumed without proper handling and cooking.
    ``(e) Investigation of Detection Methods.--To effectively carry out 
the inspection program required under subsection (a), the Secretary 
shall periodically investigate existing and potentially available 
methods of detecting pathogens on or in carcasses, parts of carcasses, 
meat, or meat food products of cattle, sheep, swine, goats, horses, 
mules, and other equines.
    ``(f) Identification of Contamination Risks.--The Secretary shall 
identify those steps in the process by which meat and meat food 
products are prepared for commerce which represent substantial risk of 
contamination by pathogens.''.

SEC. 105. INSPECTION OF IMPORTED MEAT ARTICLES FOR PATHOGEN 
              CONTAMINATION.

    Section 20(f) of the Federal Meat Inspection Act (21 U.S.C. 620(f)) 
is amended by inserting after the first sentence the following new 
sentence: ``The inspection standards referred to in the preceding 
sentence shall include the participation of such meat articles in the 
program of microbial testing required by section 6A and compliance by 
such meat articles with the levels of pathogens established under such 
section.''.

SEC. 106. PATHOGENS WARNING AND HANDLING AND COOKING INSTRUCTIONS FOR 
              RAW MEAT AND MEAT PRODUCTS.

    (a) Labeling Required.--The Federal Meat Inspection Act is amended 
by inserting after section 7 (21 U.S.C. 607) the following new section:

``SEC. 7A. PATHOGENS WARNING AND HANDLING AND COOKING INSTRUCTIONS FOR 
              RAW MEAT AND MEAT PRODUCTS.

    ``(a) Labeling Required.--All raw meat and raw meat food products 
that are intended to be sold at retail stores or cooked at restaurants 
or other food-service establishments shall include accompanying 
labeling that contains--
            ``(1) an adequate explanation to the purchaser that the raw 
        meat or raw meat food product may contain pathogens capable of 
        causing food poisoning or infection, which will multiply unless 
        the product is properly handled and cooked; and
            ``(2) handling and cooking instructions designed to 
        minimize the risk of food poisoning or infection.
    ``(b) Design and Content of Labeling.--The Secretary shall 
prescribe by rule the design and content of the labeling required by 
subsection (a) and the slaughtering, meat-canning, salting, packing, 
rendering, or similar establishments, including retail stores, to be 
subject to the labeling requirements.''.
    (b) Misbranded Meat and Meat Food Products.--Section 1(n) of such 
Act (21 U.S.C. 601(n)) is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by redesignating paragraph (12) as paragraph (13); and
            (3) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) if it is a raw meat or meat food product that fails 
        to comply with the labeling requirements established under 
        section 6A; or''.

SEC. 107. RECORDKEEPING.

    Section 202 of the Federal Meat Inspection Act (21 U.S.C. 642) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Tracing of Adulterated Meat.--Among the records required to 
be kept under subsection (a), the Secretary shall require the persons, 
firms, and corporations referred to in such subsection to maintain 
records and other means of animal identification adequate to permit 
tracing back to the source of contamination any carcass, part of a 
carcass, meat, or meat food product found to be adulterated under 
section 1(m)(10).''.

        TITLE II--AMENDMENTS TO POULTRY PRODUCTS INSPECTION ACT

SEC. 201. DEFINITION OF PATHOGENS.

    Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is 
amended by adding at the end the following new definition:
    ``(cc) The term `pathogens' means bacteria and other microbial 
organisms which, if present on or in a poultry product, may cause food 
poisoning or infection if consumed without proper handling and 
cooking.''.

SEC. 202. ADULTERATED POULTRY TO INCLUDE CONTAMINATION WITH PATHOGENS.

    (a) Section 4(g) of the Poultry Products Inspection Act (21 U.S.C. 
453(g)) is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(9) if it contains a level of pathogens in excess of the 
        level of pathogens established by the Secretary by rule for the 
        particular type of poultry product involved.''.

SEC. 203. STANDARDS OF POULTRY CLEANLINESS.

    (a) Standards.--Section 7 of the Poultry Products Inspection Act 
(21 U.S.C. 456) is amended--
            (1) in subsection (a), by inserting ``Sanitary Inspection 
        and Regulation of Establishments.--'' after ``(a)'';
            (2) in subsection (b), by striking ``(b)'' and inserting 
        ``(c) Refusal to Inspect.--''; and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Standards of Cleanliness for Poultry.--(1) The Secretary 
shall prescribe by rule for official establishments slaughtering 
poultry or processing poultry products for commerce or otherwise 
subject to inspection under this Act certain standards of cleanliness--
            ``(A) for poultry, which shall apply between the time the 
        poultry first enter the establishment and the time the poultry 
        are slaughtered; and
            ``(B) for poultry products during processing.
    ``(2) The Secretary shall cause to be made, by experts in 
sanitation or by other competent inspectors, such inspection of these 
establishments as may be necessary to determine--
            ``(A) the sanitary condition of poultry pending their 
        slaughter;
            ``(B) the sanitary condition of poultry products during 
        processing; and
            ``(C) whether a violation of the standards of cleanliness 
        established under paragraph (1) exists.
    ``(3) If the sanitary condition of poultry or poultry products at 
such an establishment are such that the Secretary determines that a 
violation of the standards of cleanliness exists and the poultry 
products prepared at the establishment are rendered adulterated, the 
Secretary shall condemn the poultry products in the manner provided in 
section 6(c).''.
    (b) Effect of Noncompliance.--Section 4(g) of such Act (21 U.S.C. 
453(g)) is amended--
            (1) in paragraph (4), by inserting ``or in violation of the 
        standards of cleanliness established under section 7(b),'' 
        after ``insanitary conditions''; and
            (2) in paragraph (5), by striking ``the product of any 
        poultry which has died otherwise than by slaughter;'' and 
        inserting the following: ``the product of--
                    ``(A) any poultry that has been held by an official 
                establishment slaughtering poultry or processing 
                poultry products for commerce (or an establishment 
                otherwise subject to inspection under this Act) in 
                violation of the standards of cleanliness established 
                under section 7(b); or
                    ``(B) any poultry that has died otherwise than by 
                slaughter;''.

SEC. 204. DOMESTIC INSPECTION FOR PATHOGEN CONTAMINATION.

    The Poultry Products Inspection Act is amended by inserting after 
section 6 (21 U.S.C. 455) the following new section:

``SEC. 6A. MICROBIAL TESTING OF POULTRY PRODUCTS TO DETERMINE PATHOGEN 
              LEVELS.

    ``(a) Microbial Testing Required.--The Secretary shall initiate an 
inspection program of testing of a statistically significant sample of 
poultry products at official establishments slaughtering poultry or 
processing poultry products for commerce or otherwise subject to 
inspection under this Act to determine the presence of pathogens in 
such products and to detect levels of pathogens exceeding those levels 
established under subsection (c).
    ``(b) Violation of Pathogen Levels.--Any poultry product found by 
microbial testing to be adulterated under section 1(g)(9) shall be 
marked, stamped, tagged, or labeled as `Inspected and condemned'. A 
condemned poultry product shall be destroyed for human food purposes, 
and the Secretary may suspend inspection at, and remove inspectors 
from, any establishment that fails to condemn adulterated poultry 
products or fails to destroy condemned poultry products.
    ``(c) Establishment of Pathogen Levels.--The Secretary shall issue 
rules establishing allowable levels of pathogens for purposes of 
determining whether poultry products are adulterated under section 
1(g)(9). For the purpose of establishing such levels, the Secretary 
shall collect and evaluate scientific information on the presence and 
quantities of pathogens occurring--
            ``(1) in live poultry;
            ``(2) in poultry carcasses, parts of poultry products, and 
        other poultry products condemned under section 6(c); and
            ``(3) in raw poultry and poultry products.
    ``(d) Identification of Pathogens.--The Secretary of Agriculture 
shall identify those bacteria and other organisms which cannot normally 
be detected by visual inspection and which, when present on or in 
poultry products, can cause food poisoning or infection if consumed 
without proper handling and cooking.
    ``(e) Investigation of Detection Methods.--To effectively carry out 
the inspection program required under subsection (a), the Secretary 
shall periodically investigate existing and potentially available 
methods of detecting pathogens on or in poultry products.
    ``(f) Identification of Contamination Risks.--The Secretary shall 
identify those steps in the processing of poultry products which 
represent substantial risk of contamination by pathogens.''.

SEC. 205. INSPECTION OF IMPORTED POULTRY FOR PATHOGEN CONTAMINATION.

    Section 17(a) of the Poultry Products Inspection Act (21 U.S.C. 
466(a)) is amended by inserting after the first sentence the following 
new sentence: ``The standards referred to in the preceding sentence 
shall include the participation of imported poultry and poultry 
products in the program of microbial testing required by section 6A and 
compliance by such poultry and poultry products with the levels of 
pathogens established by the Secretary under such section.''.

SEC. 206. PATHOGENS WARNING AND HANDLING AND COOKING INSTRUCTIONS FOR 
              RAW POULTRY PRODUCTS.

    (a) Labeling Required.--The Poultry Products Inspection Act is 
amended by inserting after section 8 (21 U.S.C. 457) the following new 
section:

``SEC. 8A. PATHOGENS WARNING AND HANDLING AND COOKING INSTRUCTIONS FOR 
              RAW POULTRY PRODUCTS.

    ``(a) Labeling Required.--All raw poultry products that are 
intended to be sold at retail stores or cooked at restaurants or other 
food-service establishments shall include accompanying labeling that 
contains--
            ``(1) an adequate explanation to the purchaser that the raw 
        poultry product may contain pathogens capable of causing food 
        poisoning or infection, which will multiply unless the product 
        is properly handled and cooked; and
            ``(2) handling and cooking instructions designed to 
        minimize the risk of food poisoning or infection.
    ``(b) Design and Content of Labeling.--The Secretary shall 
prescribe by rule the design and content of the labeling required by 
subsection (a) and the establishments slaughtering poultry or 
processing poultry products for commerce, including retail stores, to 
be subject to the labeling requirements.''.
    (b) Misbranded Poultry Products.--Section 4(h) of such Act (21 
U.S.C. 453(h)) is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by redesignating paragraph (12) as paragraph (13); and
            (3) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) if it is a raw poultry product that fails to comply 
        with the labeling requirements established under section 8A; 
        or''.

SEC. 207. RECORDKEEPING.

    Section 11 of the Poultry Products Inspection Act (21 U.S.C. 460) 
is amended by adding at the end the following new subsection:
    ``(f) Tracing of Adulterated Poultry.--Among the records required 
to be kept under subsection (b), the Secretary shall require the 
persons, firms, and corporations referred to in such subsection to 
maintain records and other means of poultry identification adequate to 
permit tracing back to the source of contamination any poultry product 
found to be adulterated under section 1(g)(9).''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. RESEARCH PROGRAM TO PREVENT CONTAMINATION OF MEAT AND POULTRY 
              BY PATHOGENS.

    (a) Research Program.--The Secretary of Agriculture shall engage in 
research--
            (1) to determine the causes of animal infection by 
        pathogens, including asymptomatic infection;
            (2) to determine the modes of transmission of pathogen 
        infection;
            (3) to determine the relative risks to human health of 
        different pathogens and different levels of such pathogens in 
        meat or meat food products or poultry products;
            (4) to develop means to reduce the incidence of pathogen 
        infection, including--
                    (A) the use of animal vaccinations; and
                    (B) changes in the methods of raising livestock and 
                poultry that can reduce the risk of such infection;
            (5) to develop methods of treating livestock or poultry 
        infected by pathogens to eliminate or control the infection;
            (6) to develop rapid and accurate means of testing live 
        animals and meat and poultry products for infection by 
        pathogens; and
            (7) to develop methods by which animals can be identified 
        while proceeding through the slaughtering process and the 
        process of preparation as meat and meat food products or 
        poultry products so that any pathogen infection discovered can 
        be traced to its source.
    (b) Definition of Pathogens.--For purposes of this section, the 
term ``pathogens'' means bacteria and other microbial organisms which, 
if present on or in a meat or poultry product, may cause food poisoning 
or infection if consumed without proper handling and cooking.

SEC. 302. ANIMAL IDENTIFICATION PROGRAM TO TRACE PATHOGEN 
              CONTAMINATION.

    (a) Purpose of Program.--The Secretary of Agriculture shall carry 
out a program to develop means of animal identification designed to 
identify as accurately as possible the animal or group of animals that 
is the source of--
            (1) adulteration under section 1(m)(10) of the Federal Meat 
        Inspection Act (21 U.S.C. 601(m)(10)) or section 4(g)(9) of the 
        Poultry Products Inspection Act (21 U.S.C. 453(g)(9)); or
            (2) any food-borne illness identified by a Federal, State, 
        or local public health agency.
    (b) Use of Identification Methods.--The Secretary of Agriculture 
may require the use of animal identification methods developed under 
subsection (a) at farms, feedlots, and other establishments where 
livestock or poultry are raised, slaughtered, or prepared for commerce.
    (c) Inspections.--Upon notice by a duly authorized representative 
of the Secretary of Agriculture, any person, firm, or other entity 
subject to subsection (b) shall afford the representative--
            (1) access at all reasonable times to their places of 
        business in order to trace a pathogen contamination or to 
        verify the use of required methods of animal identification; 
        and
            (2) the opportunity to examine the facilities, inventory, 
        and records of their places of business, to copy such records, 
        and to take reasonable samples of their inventory upon payment 
        of the fair market value as part of such access.

SEC. 303. ADVISORY COUNCIL ON MEAT AND POULTRY PATHOGEN CONTROL.

    (a) Establishment Required.--The Secretary of Agriculture shall 
establish an advisory council to advise the Secretary with respect to 
actions required under the amendments made by this Act and sections 301 
and 302.
    (b) Membership.--Members of the advisory council shall be appointed 
by the Secretary of Agriculture. The advisory council shall include 
representatives of the following:
            (1) The Centers for Disease Control and Prevention.
            (2) The Association of State and Territorial Public Health 
        Officers.
            (3) The National Academy of Sciences.
            (4) The Food and Drug Administration.
            (5) Nonprofit organizations representing consumers 
        concerned about food safety.
            (6) Nonprofit organizations representing producers of meat 
        and poultry subject to inspection under the Federal Meat 
        Inspection Act or the Poultry Products Inspection Act.
    (c) Annual Report.--Not later than January 1 of each year, the 
advisory council shall submit a report to the Secretary of Agriculture 
and the Congress--
            (1) describing the activities of the advisory council 
        during the preceding fiscal year;
            (2) evaluating the success of efforts to prevent and 
        control pathogen infections in livestock and poultry, meat and 
        meat food products, and poultry products; and
            (3) containing such recommendations as the advisory council 
        considers to be appropriate.
    (d) Time for Establishment.--The members of the advisory council 
shall be first appointed not later than 90 days after the date of the 
enactment of this Act.

SEC. 304. ANNUAL REPORTS.

    (a) Meat.--Section 17 of the Wholesome Meat Act (21 U.S.C. 691) is 
amended--
            (1) by striking ``the Committee on Agriculture and Forestry 
        of the Senate'' and inserting ``the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate''; and
            (2) by adding at the end the following new sentence: ``The 
        report shall include a description of the actions undertaken by 
        the Secretary during the preceding year to implement and 
        improve the use of microbial testing to identify and control 
        the contamination by pathogens of animals subject to this Act 
        and carcasses, parts of carcasses, meat, and meat food products 
        of such animals.''.
    (b) Poultry.--Section 27 of the Poultry Products Inspection Act (21 
U.S.C. 470) is amended--
            (1) by striking ``the Committee on Agriculture and Forestry 
        of the Senate'' and inserting ``the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate''; and
            (2) by adding at the end the following new sentence: ``The 
        report shall include a description of the actions undertaken by 
        the Secretary during the preceding year to implement and 
        improve the use of microbial testing to identify and control 
        the contamination by pathogens of poultry products.''.

SEC. 305. RECOUPMENT OF COSTS OF INSPECTION FOR PATHOGEN CONTAMINATION 
              AND OTHER ACTIVITIES UNDER THIS ACT.

    (a) Imposition of Fees.--Notwithstanding the Act of June 5, 1948 
(62 Stat. 344; 21 U.S.C. 695), and section 25 of the Poultry Products 
Inspection Act (21 U.S.C. 468), the Secretary of Agriculture shall 
develop a structure of fees to be imposed each fiscal year on persons 
and establishments (including importers) subject to inspection under 
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.) in order to collect an 
amount equal to the total amount of appropriations made available to 
the Secretary under the Federal Meat Inspection Act or the Poultry 
Products Inspection Act for that fiscal year--
            (1) to carry out the microbial testing, labeling, and other 
        activities required by the amendments made by this Act;
            (2) to carry out the research and identification programs 
        authorized by sections 301 and 302; and
            (3) to operate the advisory council established under 
        section 303.
    (b) Deposit of Fees.--Fees collected by the Secretary under 
subsection (a) shall be deposited in the general fund of the Treasury.

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