[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2453

    To amend the Federal Meat Inspection Act, the Poultry Products 
  Inspection Act, and animal quarantine laws to provide for improved 
 public health and food safety through the reduction of pathogens, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 12), 1994

Mr. Daschle (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Meat Inspection Act, the Poultry Products 
  Inspection Act, and animal quarantine laws to provide for improved 
 public health and food safety through the reduction of pathogens, 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. This Act may be cited as ``The Pathogen Reduction Act of 
1994''.

                                TITLE I

                          legislative findings

    Sec. 101. The Congress finds that:
            (a) Pathogens are a significant source of foodborne illness 
        associated with meat, meat food products, poultry, and poultry 
        products.
            (b) Proper handling of meat or products of cattle, sheep, 
        swine, goats, horses, mules, or other equines, or poultry 
        products which may bear or contain human pathogens is necessary 
        to prevent foodborne illness.
            (c) Livestock and poultry producers, handlers, processors, 
        distributors, transporters, and retailers all share 
        responsibility in handling livestock, meat, meat food products, 
        poultry, and poultry products in such a way as to protect the 
        public health.
            (d) The distribution of meat, meat food products, poultry, 
        or poultry products which could be injurious to the public 
        health because they contain human pathogens, would impair the 
        effective regulation of wholesome meat, meat food products, 
        poultry, or poultry products in interstate and foreign commerce 
        and would destroy markets for wholesome products.
            (e) In order to reduce the risk of foodborne illnesses and 
        protect public health, a concerted effort is required on the 
        part of regulatory authorities and all parties involved in the 
        production and handling of meat, meat food products, poultry, 
        or poultry products to address the problem of microbial 
        contamination using the best available scientific information 
        and appropriate technology.
            (f) All articles and other animals which are subject to 
        this Act are either in interstate or foreign commerce or 
        substantially affect such commerce, and regulation by the 
        Secretary of Agriculture and cooperation by the States as 
        contemplated by this Act are necessary to prevent or eliminate 
        burdens upon such commerce and to protect the health and 
        welfare of consumers.

             amendments to the federal meat inspection act

    Sec. 102. The Federal Meat Inspection Act (21 U.S.C. 601, et seq.) 
is amended:
            (1) In section 1 (21 U.S.C. 601), by adding a definition of 
        ``official establishment'' to read as follows:
    ``(w) The term `official establishment' means any establishment as 
determined by the Secretary at which inspection of the slaughter of 
cattle, sheep, swine, goats, mules, and other equines, or the 
processing of meat and meat food products of such animals, is 
maintained under authority of this Act.'';
            (2) In section 3(a) (21 U.S.C. 603(a)), by inserting ``on 
        the basis of the best available scientific and technologic 
        data, and evaluation of the risks posed to public health and 
        safety,'' after the words ``That hereafter,''.
            (3) In section 4 (21 U.S.C. 604), by inserting ``, on the 
        basis of the best available scientific and technologic data, 
        and evaluation of the risks posed to public health and 
        safety,'' after the words ``That for the purposes hereinbefore 
        set forth''.
            (4) In section 301(c)(1), (21 U.S.C. 661(c)(1)), by 
        inserting ``or by thirty days prior to the expiration of two 
        years after enactment of the Pathogen Reduction Act of 1994,'' 
        after the words ``the Wholesome Meat Act,''.
            (5) In section 301(c), (21 U.S.C. 661(c)), by deleting 
        ``titles I and IV'', ``title I and title IV'', and ``title I 
        and IV'', wherever they appear and inserting in lieu thereof 
        ``titles I, IV, and V''.
            (6) By adding at the end thereof a new title V to read as 
        follows:

                     ``TITLE V--PATHOGEN REDUCTION

    ``Sec. 501. (a) The Secretary is directed upon the basis of the 
best available scientific and technologic data, as determined by the 
Secretary, to prescribe by regulation such actions as the Secretary 
deems necessary to--
            ``(1) limit the presence of human pathogens in cattle, 
        sheep, swine, goats, horses, mules, or other equines at the 
        time they are presented for slaughter;
            ``(2) ensure that appropriate measures are taken to control 
        the presence and growth of human pathogens on carcasses and 
        parts thereof and on meat or meat food products derived from 
        such animals prepared in any official establishment;
            ``(3) ensure that all ready-to-eat meat or meat food 
        products prepared in any official establishment preparing any 
        such article for distribution in commerce are processed in such 
        a manner as to destroy any human pathogens likely to cause 
        foodborne illness; and
            ``(4) ensure that meat and meat food products other than 
        those included in subsection (a)(3) of this section prepared 
        any official establishment preparing any such article for 
        distribution in commerce are labeled with instructions for 
        handling and preparation for consumption which, when adhered 
        to, destroy any human pathogens likely to cause foodborne 
        illness.
    ``(b) Carcasses or parts thereof and meat or meat food products 
prepared at any official establishment preparing any such article for 
distribution in commerce which are found not to be in compliance with 
the regulations promulgated under subsection (a)(2), (a)(3), or (a)(4) 
of this section shall be considered adulterated and condemned and 
shall, if no appeal be taken from such determination of condemnation, 
be destroyed for human food purposes under the supervision of an 
inspector: Provided, That carcasses or parts thereof, and meat and meat 
food products which are not in compliance with subsection (a)(2), 
(a)(3), or (a)(4) of this section, but which may by processing, 
labeling, or both, as applicable, in accordance with subsection (a)(2), 
(a)(3), or (a)(4) of this section be made not adulterated need not be 
condemned and destroyed if so reprocessed, labeled, or both, as 
applicable and as determined by the Secretary, under the supervision of 
an inspector and thereafter inspected and found to be not adulterated. 
If an appeal be taken from such determination of condemnation, the 
carcasses or parts thereof, or meat and meat food products shall be 
appropriately marked, segregated and held by the official establishment 
pending completion of an appeal inspection. If the determination of 
condemnation is sustained, the carcasses or parts thereof, and meat and 
meat food products if not so reprocessed, labeled, or both, as 
applicable, as to be made not adulterated shall be destroyed for human 
food purposes under the supervision of a duly authorized representative 
of the Secretary.
    ``(c) The Secretary shall, within two years of the enactment of 
this Act, issue regulations that--
            ``(1) require meat and meat food products prepared in any 
        official establishment to be tested, in such manner and with 
        such frequency as the Secretary deems necessary, to identify 
        human disease-causing pathogens or markers for these pathogens 
        in the meat and meat food products;
            ``(2) require that the results of any test conducted in 
        accordance with subsection (c)(1) of this section be reported 
        to the Secretary, in such manner and with such frequency as the 
        Secretary deems necessary;
            ``(3) establish, to the maximum extent scientifically 
        supportable, levels of human pathogens that, when found on meat 
        or meat food products prepared in official establishments, 
        constitute a threat to public health. When making decisions 
        regarding specific human pathogen levels, the Secretary shall 
        consider the risk to human health, including the risk to 
        infants, the elderly, persons whose immune systems are 
        compromised, and other population subgroups, posed by 
        consumption of the meat or meat food products containing the 
        human pathogen; and
            ``(4) prohibit or restrict the sale, transportation, offer 
        for sale or transportation, or receipt for transportation of 
        any meat or meat food products that--
                    ``(A) are capable of use as human food, and
                    ``(B) exceed the levels of human pathogens 
                established in accordance with subsection (c)(3) of 
                this section.
    ``(d)(1) The Secretary shall, as the Secretary deems necessary and 
feasible, conduct or support appropriate research regarding the 
establishment of levels of human pathogens that when found on meat and 
meat food products prepared in official establishments constitute a 
threat to public health and shall conduct studies to validate these 
levels.
    ``(2) The Secretary is directed to review, on a regular basis, all 
regulations, processes, procedures and methods designed to limit and 
control human pathogens on carcasses and parts thereof and on meat or 
meat food products. This on-gong review shall include, as necessary, 
epidemiologic and other scientific studies to ascertain the efficiency 
and efficacy of such regulations, processes, procedures and methods.
    ``(3) The Secretary shall consult with the Public Health Service, 
the Centers for Disease Control and Prevention, the Food and Drug 
Administration, and any other State or Federal public health agency the 
Secretary deems necessary in order to carry out subsections (c)(1), 
(c)(3), (d)(1), and (d)(2) of this section.

   ``notification, distribution, and recall regarding nonconforming 
                                articles

    ``Sec. 502. (a) Any person, firm, or corporation preparing 
carcasses or parts thereof, meat or meat food products for distribution 
in commerce which obtains knowledge providing a reasonable basis for 
believing that any carcasses or parts thereof or any meat or meat food 
products--
            ``(1) are adulterated, or not produced in compliance with 
        section 501(a) of this Act or the regulations promulgated 
        thereunder; or
            ``(2) are misbranded, shall immediately notify the 
        Secretary, in such manner and by such means as the Secretary 
        may by regulation prescribe, of the identity and location of 
        such articles.
    ``(b) If the Secretary finds, upon such notification or otherwise, 
that any carcasses or parts thereof or any meat or meat food products--
            ``(1) are adulterated or not produced in compliance with 
        section 501(a) of this Act or the regulations promulgated 
        thereunder and that there is a reasonable probability that 
        human consumption of such articles present a threat to the 
        public health, as determined by the Secretary; or
            ``(2) are misbranded, the Secretary shall provide the 
        appropriate person, firm, or corporation with an opportunity to 
        cease distribution of such articles; notify all persons, firms, 
        or corporations transporting or distributing such articles or 
        to which such articles were shipped or sold to immediately 
        cease distribution of such articles; and to recall the 
        articles. If the person, firm, or corporation refuses to 
        voluntarily cease distribution, make notification, and recall 
        the articles or does not voluntarily cease distribution, make 
        notification, and recall the articles within the time or in the 
        manner prescribed by the Secretary, the Secretary shall 
        immediately issue an order requiring the person, firm, or 
        corporation (including the official establishment which 
        prepared the articles), as the Secretary deems necessary to: 
        immediately cease distribution of such articles; and 
        immediately notify all persons, firms, or corporations 
        transporting or distributing such articles or to which such 
        articles were shipped or sold to immediately cease distribution 
        of such articles. The order shall provide any person, firm, or 
        corporation subject to the order with an opportunity for an 
        informal hearing, to be held not later than 5 days after the 
        date of the issuance of the order, on the actions required by 
        the order and on whether the order should be amended to require 
        recall of such articles. If, after providing an opportunity for 
        such a hearing, the Secretary determines that inadequate 
        grounds exist to support the actions required by the order, the 
        Secretary shall vacate the order.
    ``(c) If, after providing an opportunity for an informal hearing 
under subsection (b) of this section, the Secretary determines that the 
articles that are the subject of an order under subsection (b) of this 
section must be recalled, the Secretary shall amend the order to 
require a recall. The Secretary shall--
            ``(1) specify a timetable in which the recall will occur;
            ``(2) require periodic reports to the Secretary describing 
        the progress of the recall; and
            ``(3) provide for notice to consumers to whom such articles 
        were, or may have been distributed as to how they should treat 
        the article.

                         ``livestock traceback

    ``Sec. 503. (a) For the purpose of limiting the risk of foodborne 
illness from carcasses and parts thereof and meat and meat food 
products distributed in commerce, the Secretary shall, as the Secretary 
deems necessary, prescribe by regulation that cattle, sheep, swine, 
goats, horses, mules, and other equines presented for slaughter for 
human food purposes be identified in the manner prescribed by the 
Secretary to enable the Secretary to trace each animal to any premises 
at which it has been held for such period prior to slaughter that the 
Secretary deems necessary to effectuate the purposes of this Act. The 
Secretary may prohibit or restrict entry into any slaughtering 
establishment inspected under this Act of any cattle, sheep, swine, 
goats, horses, mules, or other equines not identified as prescribed by 
the Secretary.
    ``(b) The Secretary is authorized to require that all persons, 
firms, and corporations required to identify livestock pursuant to 
subsection (a) of this section maintain accurate records, as prescribed 
by the Secretary, regarding the purchase, sale, and identification such 
livestock; and all persons, firms, and corporations subject to such 
requirements shall, at all reasonable times, upon notice by a duly 
authorized representative of the Secretary, afford such representative 
access to their places of business and opportunity to examine the 
records thereof, and to copy any such records. Any such record required 
to be maintained by this section shall be maintained for such period of 
time as the Secretary prescribes.
    ``(c) No person, firm, or corporation shall falsify or misrepresent 
to any other person, firm, or corporation, or to the Secretary, any 
information as to any premises at which any cattle, sheep, swine, 
goats, horses, mules, or other equines, or carcasses thereof, were 
held.
    ``(d) No person, firm, or corporation shall, without authorization 
from the Secretary, alter, detach, or destroy any records or other 
means of identification prescribed by the Secretary for use in 
determining the premises at which were held any cattle, sheep, swine, 
goats, horses, mules, or other equines, or the carcasses thereof.
    ``(e)(1) If the Secretary finds any human pathogen or any residue 
in any cattle, sheep, swine, goats, horses, mules, or other equines at 
the time they are presented for slaughter or in any carcasses, parts of 
carcasses, meat, or meat food product prepared in an official 
establishment and the Secretary finds that there is a reasonable 
probability that human consumption of any meat or meat food product 
containing the human pathogen or residue presents a threat to public 
health, the Secretary may take such action as the Secretary deems 
necessary to determine the source of the human pathogen or residue.
    ``(2) If the Secretary identifies the source of any human pathogen 
or residue described in subsection (e)(1) of this section, the 
Secretary is authorized to prohibit or restrict the movement of any 
animals, carcasses, parts of carcasses, meat, meat food product, or any 
other article from any source of the human pathogen or residue until 
the Secretary determines that the human pathogen or residue at the 
source no longer presents a threat to public health.
    ``(f)(1) The Secretary shall use any means of identification and 
recordkeeping methods utilized by producers or handlers of cattle, 
sheep, swine, goats, horses, mules, or other equines whenever the 
Secretary determines that such means of identification and 
recordkeeping methods will enable the Secretary to carry out the 
purposes of this section.
    ``(2) The Secretary is authorized to cooperate with producers or 
handlers of cattle, sheep, swine, goats, horses, mules, or other 
equines, in which any human pathogen or residue described in subsection 
(e)(1) of this section is found, to develop and implement methods to 
limit or eliminate the human pathogen or residue at the source.

                 ``refusal or withdrawal of inspection

    ``Sec. 504. (a) The Secretary may for such period, or indefinitely, 
as the Secretary deems necessary to effectuate the purposes of this 
Act, refuse to provide, or withdraw, inspection service under title I 
of this Act with respect to any official establishment if the Secretary 
determines, after opportunity for a hearing is accorded to the 
applicant for, or recipient of, such service, that the applicant or 
recipient, or any person responsibly connected with the applicant or 
recipient, has repeatedly failed to comply with the requirements of 
this Act or the regulations promulgated thereunder.
    ``(b) The Secretary may direct that, pending opportunity for an 
expedited hearing with respect to any refusal or withdrawal of 
inspection service and the final determination and order under 
subsection (a) of this section and any judicial review thereof, 
inspection service shall be denied or suspended if the Secretary deems 
such action necessary in the public interest in order to protect the 
health or welfare of consumers or to assure the safe and effective 
performance of official duties under this Act.
    ``(c) The determination and order of the Secretary with respect to 
withdrawal or refusal of inspection service under this section shall be 
final and conclusive unless the affected applicant for, or recipient 
of, inspection service files application for judicial review within 30 
days after the effective date of the order; and inspection service 
shall be withdrawn or refused as of the effective date of the order 
pending any judicial review of the order unless the Secretary directs 
otherwise. Judicial review of any such order shall be in the United 
States Court of Appeals for the circuit in which the applicant for, or 
recipient of, inspection service has its principal place of business or 
in the United States Court of Appeals for the District of Columbia 
Circuit and shall be upon the record upon which the determination and 
order are based. The provisions of section 204 of the Packers and 
Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), shall be 
applicable to appeals taken under this section.
    ``(d) The provisions of this section shall be in addition to and 
not derogate from any other provision of this Act for refusal, 
withdrawal, or suspension of inspection service under title I of this 
Act.

                           ``civil penalties

    ``Sec. 505. (a) Any person, firm, or corporation which violates any 
provision of this Act, any regulation issued under this Act, or any 
order issued under section 502(b) or (c) of this Act may be assessed a 
civil penalty by the Secretary of not more than $100,000 per day of 
violation. Each offense shall be a separate violation. No penalty shall 
be assessed unless such person, firm, or corporation 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. 
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, and history of prior offenses; and may be reviewed only 
as provided in subsection (b) of this section.
    ``(b) Any person, firm, or corporation against whom such violation 
is found and a civil penalty assessed by order of the Secretary under 
subsection (a) of this section may obtain review in the Court of 
Appeals of the United States for the circuit in which such party 
resides or has a 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 within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail to the 
Secretary. The Secretary shall promptly file in such Court a certified 
copy of the record upon which such violation was found and such penalty 
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) If any person, firm, or corporation 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 recover the amount assessed in any 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) All penalties collected under authority of this section shall 
be paid into the Treasury of the United States.
    ``(e) Nothing in this Act shall be construed as requiring the 
Secretary to report for criminal 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. Furthermore, the Secretary may, in 
the Secretary's discretion, compromise, modify, or remit, with or 
without conditions, any civil penalty assessed under this section.''.

           amendments to the poultry products inspection act

    Sec. 103. The Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.) is amended:
            (1) In section 5(c) (21 U.S.C. 454(c)), by deleting ``and 
        12-22 of this Act'' and inserting in lieu thereof ``12-22, and 
        30-34 of this Act''.
            (2) In section 5(c)(1) (21 U.S.C. 454(c)(1)), by inserting 
        ``or by thirty days prior to the expiration of two years after 
        enactment of the Pathogen Reduction Act of 1994,'' after the 
        words ``the Wholesome Poultry Products Act,''.
            (3) In section 6(a) (21 U.S.C. 455(a)), by inserting ``on 
        the basis of the best available scientific and technologic 
        data, and evaluation of the risks posed to public health and 
        safety,'' after the word ``necessary''.
            (4) In section 6(b) (21 U.S.C. 455(b)), by inserting ``on 
        the basis of the best available scientific and technologic 
        data, and evaluation of the risks posed to public health and 
        safety,'' after the words ``The Secretary,''.
            (5) By adding at the end thereof new sections 30 through 34 
        as follows:

                          ``pathogen reduction

    ``Sec. 30. (a) The Secretary is directed upon the basis of the best 
available scientific and technologic data, as determined by the 
Secretary, to prescribe by regulation such actions as the Secretary 
deems necessary to--
            ``(1) limit the presence of human pathogens in poultry at 
        the time they are presented for slaughter;
            ``(2) ensure that appropriate means are taken to control 
        the presence and growth of human pathogens on poultry or 
        poultry products prepared in any official establishment;
            ``(3) ensure that all ready-to-eat poultry and poultry 
        products prepared in any official establishment preparing any 
        such article for distribution in commerce are processed in such 
        a manner as to destroy any human pathogens likely to cause 
        foodborne illness; and
            ``(4) ensure that poultry and poultry products other than 
        those included in subsection (a)(3) of this section prepared at 
        any official establishment preparing any such article for 
        distribution in commerce are labeled with instructions for 
        handling and preparation for consumption which, when adhered 
        to, destroy any human pathogens likely to cause foodborne 
        illness.
    ``(b) Poultry or poultry products prepared at any official 
establishment preparing any such article for distribution in commerce 
which are found not to be in compliance with the regulations 
promulgated under subsection (a)(2), (a)(3), or (a)(4) of this section 
shall be considered adulterated and condemned and shall, if no appeal 
be taken from such determination of condemnation, be destroyed for 
human food purposes under the supervision of an inspector: Provided, 
That poultry and poultry products which are not in compliance with 
subsection (a)(2), (a)(3), or (a)(4) of this section but which may by 
reprocessing, labeling, or both, as applicable, in accordance with 
subsection (a)(2), (a)(3), or (a)(4) of this section be made not 
adulterated need not be condemned and destroyed if so reprocessed, 
labeled, or both, as applicable and as determined by the Secretary, 
under the supervision of an inspector and thereafter inspected and 
found to be not adulterated. If an appeal be taken from such 
determination of condemnation, the poultry or poultry products shall be 
appropriately marked, segregated, and held by the official 
establishment pending completion of an appeal inspection. If the 
determination of condemnation is sustained, the poultry and poultry 
products if not so reprocessed, labeled, or both, as applicable, as to 
be made not adulterated shall be destroyed for human food purposes 
under the supervision of a duly authorized representative of the 
Secretary.
    ``(c) The Secretary shall, within two years of the enactment of 
this Act, issue regulations that--
            ``(1) require poultry and poultry products prepared in any 
        official establishment to be tested, in such manner and with 
        such frequency as the Secretary deems necessary, to identify 
        human disease-causing pathogens or markers for these pathogens 
        in the poultry and poultry products;
            ``(2) require that the results of any test conducted in 
        accordance with subsection (c)(1) of this section be reported 
        to the Secretary, in such manner and with such frequency as the 
        Secretary deems necessary;
            ``(3) establish, to the maximum extent scientifically 
        supportable, levels of human pathogens that, when found on 
        poultry and poultry products prepared in official 
        establishments, constitute a threat to public health. When 
        making decisions regarding specific human pathogen levels, the 
        Secretary shall consider the risk to human health, including 
        the risk to infants, the elderly, persons whose immune systems 
        are compromised, and other population subgroups, posed by 
        consumption of the poultry or poultry products containing the 
        human pathogen; and
            ``(4) prohibit or restrict the sale, transportation, offer 
        for sale or transportation, or receipt for transportation of 
        any poultry or poultry products that--
                    ``(A) are capable of use as human food, and
                    ``(B) exceed the levels of human pathogens 
                established in accordance with subsection (c)(3) of 
                this section.
    ``(d)(1) The Secretary shall, as the Secretary deems necessary and 
feasible, conduct or support appropriate research regarding the 
establishment of levels of human pathogens that when found on poultry 
and poultry products prepared in official establishments constitute a 
threat to public health and shall conduct studies to validate these 
levels.
    ``(2) The Secretary is directed to review, on a regular basis, all 
regulations, processes, procedures and methods designed to limit and 
control human pathogens on poultry and poultry products. This ongoing 
review shall include, as necessary, epidemiologic and other scientific 
studies to ascertain the efficiency and efficacy of such regulations, 
processes, procedures and methods.
    ``(3) The Secretary shall consult with the Public Health Service, 
the Centers for Disease Control and Prevention, the Food and Drug 
Administration, and any other State or Federal public health agency the 
Secretary deems necessary in order to carry out subsections (c)(1), 
(c)(3), (d)(1), and (d)(2) of this section.

   ``notification, distribution, and recall regarding nonconforming 
                                articles

    ``Sec. 31. (a) Any person preparing poultry or poultry products for 
distribution in commerce which obtains knowledge providing a reasonable 
basis for believing that any poultry or poultry products--
            ``(1) are adulterated or not produced in compliance with 
        section 30(a) of this Act or the regulations promulgated 
        thereunder; or
            ``(2) are misbranded, shall immediately notify the 
        Secretary, in such manner and by such means as the Secretary 
        may by regulation prescribe, of the identity and location of 
        such poultry or poultry products.
    ``(b) If the Secretary finds, upon such notification or otherwise, 
that any poultry or poultry products--
            ``(1) are adulterated or not produced in compliance with 
        section 30(a) of this Act or the regulations promulgated 
        thereunder and that there is a reasonable probability that 
        human consumption of such articles present a threat to the 
        public health, as determined by the Secretary; or
            ``(2) are misbranded, the Secretary shall provide the 
        appropriate person with an opportunity to cease distribution of 
        such articles; notify all persons, firms, or corporations 
        transporting or distributing such articles or to which such 
        articles were shipped or sold to immediately cease distribution 
        of such articles; and to recall the articles. If the person 
        refuses to voluntarily cease distribution, make notification, 
        and recall the articles or does not voluntarily cease 
        distribution, make notification, and recall the articles within 
        the time or in the manner prescribed by the Secretary, the 
        Secretary shall immediately issue an order requiring the person 
        (including the official establishment which prepared the 
        articles), as the Secretary deems necessary to: immediately 
        cease distribution of such articles; and immediately notify all 
        persons, firms, or corporations transporting or distributing 
        such articles or to which such articles were shipped or sold to 
        immediately cease distribution of such articles. The order 
        shall provide any person subject to the order with an 
        opportunity for an informal hearing, to be held not later than 
        5 days after the date of the issuance of the order, on the 
        actions required by the order and on whether the order should 
        be amended to require recall of such articles. If, after 
        providing an opportunity for such a hearing, the Secretary 
        determines that inadequate grounds exist to support the actions 
        required by the order, the Secretary shall vacate the order.
    ``(c) If, after providing an opportunity for an informal hearing 
under subsection (b) of this section, the Secretary determines that the 
articles that are the subject of an order under subsection (b) of this 
section must be recalled, the Secretary shall amend the order to 
require a recall. The Secretary shall--
            ``(1) specify a timetable in which the recall will occur;
            ``(2) require periodic reports to the Secretary describing 
        the progress of the recall; and
            ``(3) provide for notice to consumers to whom such articles 
        were, or may have been, distributed as to how they should treat 
        the article.

                          ``poultry traceback

    ``Sec. 32. (a) For the purpose of limiting the risk of foodborne 
illness from poultry and poultry products distributed in commerce, the 
Secretary shall, as the Secretary deems necessary, prescribe by 
regulation that poultry presented for slaughter for human food purposes 
be identified in the manner prescribed by the Secretary to enable the 
Secretary to trace each bird to any premises at which it has been held 
for such period prior to slaughter that the Secretary deems necessary 
to effectuate the purposes of this Act. The Secretary may prohibit or 
restrict entry into any slaughtering establishment inspected under this 
Act of any poultry not identified as prescribed by the Secretary.
    ``(b) The Secretary is authorized to require that all persons 
required to identify poultry pursuant to subsection (a) of this 
section, maintain accurate records, as prescribed by the Secretary, 
regarding the purchase, sale, and identification of such poultry; and 
all persons subject to such requirements shall, at all reasonable 
times, upon notice by a duly authorized representative of the 
Secretary, afford such representative access to their places of 
business and opportunity to examine the records thereof, and to copy 
any such records. Any such record required to be maintained by this 
section shall be maintained for such period of time as the Secretary 
prescribes.
    ``(c) No person shall falsify or misrepresent to any other person 
or to the Secretary, any information as to any premises at which any 
poultry, or the carcasses thereof, were held.
    ``(d) No person shall, without authorization from the Secretary, 
alter, detach, or destroy any records or other means of identification 
prescribed by the Secretary for use in determining the premises at 
which were held any poultry or carcasses thereof.
    ``(e)(1) If the Secretary finds any human pathogen or any residue 
in any poultry at the time they are presented for slaughter or in any 
poultry carcasses, parts of poultry carcasses, or poultry products 
prepared in an official establishment and the Secretary finds that 
there is a reasonable probability that human consumption of any poultry 
or poultry product containing the human pathogen or residue presents a 
threat to public health, the Secretary may take such action as the 
Secretary deems necessary to determine the source of the human pathogen 
or residue.
    ``(2) If the Secretary identifies the source of any human pathogen 
or residue described in subsection (e)(1) of this section, the 
Secretary is authorized to prohibit or restrict the movement of any 
poultry, poultry carcasses, parts of poultry carcasses, poultry 
product, or any other article from any source of the human pathogen or 
residue until the Secretary determines that the human pathogen or 
residue at the source no longer presents a threat to public health.
    ``(f)(1) The Secretary shall use any means of identification and 
recordkeeping methods utilized by producers or handlers of poultry 
whenever such means of identification and recordkeeping methods will 
enable the Secretary to carry out the purposes of this section.
    ``(2) The Secretary is authorized to cooperate with producers or 
handlers of poultry, in which any human pathogen or residue described 
in subsection (e)(1) of this section is found, to develop and implement 
methods to limit or eliminate the human pathogen or residue at the 
source.

                 ``refusal or withdrawal of inspection

    ``Sec. 33. (a) The Secretary may for such period, or indefinitely, 
as the Secretary deems necessary to effectuate the purposes of this 
Act, refuse to provide, or withdraw, inspection service under this Act 
with respect to any official establishment if the Secretary determines, 
after opportunity for a hearing is accorded to the applicant for, or 
recipient of, such service, that the applicant or recipient, or any 
person responsibly connected with the applicant or recipient, has 
repeatedly failed to comply with the requirements of this Act or the 
regulations promulgated thereunder.
    ``(b) The Secretary may direct that, pending opportunity for an 
expedited hearing with respect to any refusal or withdrawal of 
inspection service and the final determination and order under 
subsection (a) of this section and any judicial review thereof, 
inspection service shall be denied or suspended if the Secretary deems 
such action necessary in the public interest in order to protect the 
health or welfare of consumers or to assure the safe and effective 
performance of official duties under this Act.
    ``(c) The determination and order of the Secretary with respect to 
withdrawal or refusal of inspection service under this section shall be 
final and conclusive unless the affected applicant for, or recipient 
of, inspection service files application for judicial review within 30 
days after the effective date of the order; and inspection service 
shall be withdrawn or refused as of the effective date of the order 
pending any judicial review of the order unless the Secretary directs 
otherwise. Judicial review of any such order shall be in the United 
States Court of Appeals for the circuit in which the applicant for, or 
recipient of, inspection service has its principal place of business or 
in the United States Court of Appeals for the District of Columbia 
Circuit and shall be upon the record upon which the determination and 
order are based. The provisions of section 204 of the Packers and 
Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), shall be 
applicable to appeals taken under this section.
    ``(d) The provisions of this section shall be in addition to and 
not derogate from any other provision of this Act for refusal, 
withdrawal, or suspension of inspection service under this Act.

                           ``civil penalties

    ``Sec. 34. (a) Any person which violates any provision of this Act, 
any regulation issued under this Act, or any order issued under section 
31 (b) or (c) of this Act may be assessed a civil penalty by the 
Secretary of not more than $100,000 per day of violation. Each offense 
shall be a separate violation. No penalty shall be assessed unless such 
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. 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, and history of prior 
offenses; and may be reviewed only as provided in subsection (b) of 
this section.
    ``(b) Any person against whom such violation is found and a civil 
penalty assessed by order of the Secretary under subsection (a) of this 
section may obtain review in the Court of Appeals of the United States 
for the circuit in which such party resides or has a place of business 
or in the United States Court of Appeals of the District of Columbia 
Circuit by filing a notice of appeal in such Court within 30 days from 
the date of such order and by simultaneously sending a copy of such 
notice by certified mail to the Secretary. The Secretary shall promptly 
file in such Court a certified copy of the record upon which such 
violation was found and such penalty 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) If any person fails to pay an assessment of a civil penalty 
after if 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 recover the amount 
assessed in any 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) All penalties collected under authority of this section shall 
be paid into the Treasury of the United States.
    ``(e) Nothing in this Act shall be construed as requiring the 
Secretary to report for criminal 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. Furthermore, the Secretary may, in 
the Secretary's discretion, compromise, modify, or remit, with or 
without conditions, any civil penalty assessed under this section.

                                TITLE II

    Sec. 201. Section 1 of the Act of July 2, 1962 (21 U.S.C. 134), is 
amended by adding a new subsection (e) to read:
    ``(e) The term `disease' means any disease of livestock or poultry, 
both infectious and non-infectious, and any other health-related 
condition that may be transmitted by livestock or poultry or their 
products to other animals or humans.''.
    Sec. 202. Section 2(a) of the Act of July 2, 1962 (21 U.S.C. 
134a(a)), is amended to read:
    ``(a) Whenever the Secretary deems it necessary in order to prevent 
the introduction or dissemination of a disease, the Secretary may 
seize, quarantine, and dispose of, in a reasonable manner taking into 
consideration the nature of the disease and the necessity of such 
action to protect the livestock or poultry of the United States, or the 
health of the people of the United States because the disease may be 
transmitted by livestock or poultry or their products: (1) any animals 
which the Secretary finds are moving or are being handled or have moved 
or have been handled in interstate or foreign commerce contrary to any 
law or regulation administered by the Secretary for the prevention of 
the introduction or dissemination of any disease; (2) any animals which 
the Secretary finds are moving into the United States, or interstate, 
and are affected with or have been exposed to any disease; and (3) any 
animals which the Secretary finds have moved into the United States, or 
interstate, and, at the time of such movement, were affected with or 
exposed to any disease.''.
    Sec. 203. Section 2(e) of the Act of July 2, 1962 (21 U.S.C. 
134a(e)), is amended to read:
    ``(e) No such payment shall be made by the Secretary for any 
animal, carcass, product, or article which has been moved or handled by 
the owner thereof or the owner's agent in violation of a law or 
regulation administered by the Secretary for the prevention of the 
interstate dissemination of disease, for which the animal, carcass, 
product, or article was destroyed or a law or regulation for the 
enforcement of which the Secretary enters or has entered into a 
cooperative agreement for the control and eradication of disease, or 
for any animal which has moved into the United States contrary to such 
law or regulation administered by the Secretary for the prevention of 
the introduction of a disease.''.
    Sec. 204. Section 3 of the Act of July 2, 1962 (21 U.S.C. 134b), is 
amended to read: ``The Secretary, in order to protect the health of the 
livestock or poultry of the United States, and the health of the people 
of the United States because the disease may be transmitted by 
livestock or poultry or their products, may promulgate regulations 
requiring that railway cars; vessels; airplanes; trucks; and other 
means of conveyance; stockyards; feed, water, and rest stations; and 
other facilities, used in connection with the movement of animals into 
or from the United States, or interstate, be maintained in a clean and 
sanitary condition, including requirements for inspection, cleaning, 
and disinfection.''.
    Sec. 205. Section 4 of the Act of July 2, 1962 (21 U.S.C. 134c), is 
amended to read: ``The Secretary is authorized to promulgate 
regulations prohibiting or regulating the movement into the United 
States of any animals which are or have been affected with or exposed 
to any disease, or which have been vaccinated or otherwise treated for 
any disease, or which the Secretary finds would otherwise be likely to 
introduce or disseminate any disease, when the Secretary determines 
that such action is necessary to protect the livestock or poultry of 
the United States, or to protect the health of the people of the United 
States because the disease may be transmitted by livestock or poultry 
or their products.''.
    Sec. 206. Section 5 of the Act of July 2, 1962 (21 U.S.C. 134d), is 
amended to read: ``Employees of the Department of Agriculture 
designated by the Secretary for the purpose, when properly identified, 
shall have authority: (1) to stop and inspect, without a warrant, any 
person or means of conveyance, moving into the United States from a 
foreign country, to determine whether such person or means of 
conveyance is carrying any animal, carcass, product, are article 
regulated or subject to disposal under any law or regulation 
administered by the Secretary for prevention of the introduction or 
dissemination of any disease; (2) to stop and inspect, without a 
warrant, any means of conveyance moving interstate upon probable cause 
to believe the means of conveyance is carrying any animal, carcass, 
product, or article regulated or subject to disposal under any law or 
regulation administered by the Secretary for the prevention of the 
introduction or dissemination of any disease; and (3) to enter upon, 
with a warrant, any premises for the purpose of making inspections and 
seizures necessary under any laws or regulation administered by the 
Secretary for the prevention of the introduction or dissemination of 
any disease. Any Federal judge, or any judge of a court of record in 
the United States, or any United States Commissioner, may, within such 
Commissioner's jurisdiction, upon proper oath or affirmation indicating 
probable cause to believe that there is on certain premises any animal, 
carcass, product, or article regulated or subject to disposal under any 
law or regulation administered by the Secretary for the prevention of 
the introduction or dissemination of any disease, issue warrants for 
the entry upon such premises and for inspections and seizures necessary 
under such laws and regulations. Warrants may be executed by any 
authorized employee of the Department of Agriculture.''.
    Sec. 207. Section 6 of the Act of August 30, 1890, as amended (21 
U.S.C. 104), is amended to read:
    ``(a) The Secretary of Agriculture is authorized to prohibit or 
restrict the importation of animals which are affected with disease or 
which have been exposed to disease prior to their importation into the 
United States.
    ``(b) Any person who knowingly violates any provision of this 
section or sections 7 through 10 of this Act or any regulation 
prescribed by the Secretary of Agriculture under any such section shall 
be guilty of a misdemeanor and shall, on conviction, be punished by a 
fine not exceeding $5,000, by imprisonment not exceeding one year, or 
both. Any person who violates any such provision or any such regulation 
may be assessed a civil penalty by the Secretary of Agriculture not 
exceeding $1,000. The Secretary of Agriculture may issue an order 
assessing such civil penalty only after notice and an opportunity for 
an agency hearing on the record. The order shall be treated as a final 
order reviewable under chapter 158 of Title 28. The validity of the 
order may not be reviewed in an action to collect the civil penalty.
    ``(c) For the purposes of this Act the word `disease' means any 
disease of livestock or poultry, both infectious and noninfectious, and 
any other health-related condition that may be transmitted by livestock 
or poultry or their products to other animals or humans.''.
    Sec. 208. Section 8 of the Act of August 30, 1890 (21 U.S.C. 103), 
is amended to read:
    ``(a) The Secretary of Agriculture is authorized to require animals 
to be imported into ports in the United States designated by the 
Secretary of Agriculture, with the approval of the Secretary of the 
Treasury, as quarantine stations. If any animals required by the 
Secretary of Agriculture to be imported into ports designated as 
quarantine stations are brought to any port of the United States where 
no quarantine station is established, the Secretary of Agriculture may 
require the animals to be moved to the nearest quarantine station at 
the expense of owner of the animals under such conditions as the 
Secretary of Agriculture determines necessary to prevent the spread of 
disease.
    ``(b) The Secretary of Agriculture may destroy animals which the 
Secretary of Agriculture finds to be affected with or exposed to a 
disease dangerous to other animals, or to the health of the people of 
the United States because the disease may be transmitted by livestock 
or poultry or their products.
    ``(c) Except as provided in subsection (d) of this section, the 
Secretary of Agriculture shall compensate the owner of animals 
destroyed in accordance with subsection (b) of this section which are 
exposed to disease, but not affected with disease. Such compensation 
shall be based upon the fair market value of the animal at the time of 
destruction as determined by the Secretary of Agriculture. Compensation 
paid any owner under this subsection shall not include anticipated 
profits and shall not exceed the difference between any compensation 
received by the owner of the animals from any other source and the fair 
market value of the animal at the time of destruction. Funds in the 
Treasury available for carrying out animal disease control activities 
of the Department of Agriculture shall be used to compensate owners of 
animals destroyed in accordance with subsection (b) of this section.
    ``(d) No payment shall be made by the Secretary of Agriculture for 
animals destroyed in accordance with subsection (b) of this section if 
the animal has been imported in violation of any law or regulation 
administered by the Secretary of Agriculture for the prevention of the 
introduction or dissemination of any disease.''.
    Sec. 209. Section 1 of the Act of February 2, 1903, as amended (21 
U.S.C. 121), is amended to read:
    ``(a) Whenever the Secretary of Agriculture issues a certificate 
showing that the Secretary of Agriculture had inspected any livestock 
and/or live poultry which were about to be exported from the United 
States or moved interstate, and had found them free of any disease, 
such animals, so inspected and certified, may be transported into and 
through any State, or they may be exported from the United States 
without further inspection or the exaction of fees of any kind, except 
such as may at anytime be ordered or exacted by the Secretary of 
Agriculture; and all such animals shall at all times be under control 
and supervision of the Secretary of Agriculture for the purposes of 
such inspection.
    ``(b) For the purposes of this Act, the word `disease' means any 
disease of livestock or poultry, both infectious and non-infectious, 
and any other health-related condition that may be transmitted by 
livestock or poultry or their products to other animals or humans.
    ``(c) for the purposes of this Act, the word `State' means any of 
the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec. 210. Section 2 of the Act of February 2, 1903, as amended (21 
U.S.C. 111), is amended to read:
    ``(a) The Secretary of Agriculture is authorized to make such 
regulations and take such measures as the Secretary of Agriculture 
deems necessary to prevent the introduction or dissemination of any 
disease from a foreign country into the United States or from one State 
to another.
    ``(b) The Secretary of Agriculture is authorized to seize, 
quarantine, and dispose of any hay, straw, forage, or similar material, 
or any meats, hides, or other animal products coming from a foreign 
country in which disease exists to the United States, or from one State 
in which disease exists to another State, whenever in the Secretary of 
Agriculture's judgment such action is advisable in order to prevent the 
introduction or spread of disease.''.
    Sec. 211. Section 3 of the Act of May 29, 1884, as amended (21 
U.S.C. 114), is amended to read:
    ``(a) The Secretary of Agriculture is authorized to prepare 
regulations for the speedy and effectual suppression and eradication of 
diseases, and to certify such regulations to the executive authority of 
each State, and invite these executive authorities to cooperate in the 
execution and enforcement of this Act and section 2 of the Act of 
February 2, 1903. Whenever the plans and methods of the Secretary of 
Agriculture shall be accepted by any State in which a disease is 
declared to exist, or any State shall have adopted plans and methods 
for the suppression and eradication of diseases, and the State plans 
and methods are accepted by the Secretary of Agriculture, and whenever 
the Governor of a State or other properly constituted authorities 
signify their readiness to cooperate for the suppression or eradication 
of any disease in conformity with this Act and section 2 of the Act of 
February 2, 1903, the Secretary of Agriculture is authorized to expend 
so much of the money appropriated for carrying out this Act and section 
2 of the Act of February 2, 1903, as may be necessary in such 
investigations, and in such disinfection and quarantine measures as may 
be necessary to prevent the spread of the disease from one state into 
another.
    ``(b) For the purposes of this Act, the word `disease' means any 
disease of livestock or poultry, both infectious and non-infectious, 
and any other health-related condition that may be transmitted by 
livestock or poultry or their products to other animals or humans.''
    ``(c) For the purposes of this section, the word `State' means any 
of the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec. 212. Section 4 of the Act of May 29, 1884, as amended (21 
U.S.C. 112), is amended to read: ``In order to promote the exportation 
of livestock and/or live poultry from the United States, the Secretary 
of Agriculture is authorized to investigate the existence of any 
disease, along the dividing lines between the United States and foreign 
countries, and along the lines of transportation from all parts of the 
United States to ports from which livestock and/or live poultry are 
exported, and may establish regulations concerning the exportation and 
transportation of livestock and/or live poultry as the results of the 
investigations may require.''.
    Sec. 213. Section 5 of the Act of May 29, 1884, as amended (21 
U.S.C. 113), is amended to read: ``In order to prevent the exportation 
from the United States to any foreign country of livestock and/or live 
poultry affected with disease or exposed to disease, the Secretary of 
Agriculture is authorized to take such steps and adopt such measures, 
as the Secretary of Agriculture may deem necessary.''.
    Sec. 214. Sections 4 and 5 of the Act of May 29, 1884, as amended 
(21 U.S.C. 120), are amended to read:
    ``(a) In order to enable the Secretary of Agriculture to 
effectually suppress and eradicate diseases, and to prevent the spread 
of diseases, the Secretary of Agriculture is authorized to establish 
such regulations concerning the exportation and transportation of 
livestock and/or live poultry from any place within the United States 
where the Secretary of Agriculture may have reason to believe diseases 
may exist into and through any state and to foreign countries as the 
Secretary of Agriculture may deem necessary.
    ``(b) For the purposes of these sections, the word ``State'' means 
any of the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec. 215. Section 6 of the Act of May 29, 1884, as amended (21 
U.S.C. 115), is amended to read:
    ``(a) No person, company, or corporation shall transport, receive 
for transportation, deliver for transportation, move, or cause to be 
moved from one State to another any livestock and/or live poultry 
affected with any disease except in accordance with regulations 
prescribed by the Secretary of Agriculture to protect the livestock and 
poultry of the United States and the health of the people of the United 
States.
    ``(b) For the purposes of this section, the word `State' means any 
of the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec.  216. Section 11 of the Act of May 29, 1884, as amended (21 
U.S.C. 114a), is amended to read:
    (a) The Secretary of Agriculture, either independently or in 
cooperation with States or political subdivisions of States, farmers' 
associations and similar organizations, and individuals, is authorized 
to: (1) control and eradicate any diseases which in the opinion of the 
Secretary of Agriculture constitute an emergency and threaten the 
livestock industry or poultry industry of the United States, or the 
health of the people of the United States because the disease may be 
transmitted by livestock or poultry or their products; and (2) pay 
claims growing out of destruction of animals (including poultry), and 
of materials, affected by or exposed to any communicable disease, in 
accordance with such regulations as the Secretary of Agriculture may 
prescribe.
    ``(b) The Secretary of Agriculture is authorized to prescribe and 
collect fees to recover the costs of carrying out this section which 
relate to veterinary diagnostics.
    ``(c) For the purposes of this section, the word `State' means any 
of the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec. 217. Section 1 of the Act of March 3, 1905, as amended (21 
U.S.C. 123), is amended to read:
    ``(a) The Secretary of Agriculture is authorized to quarantine by 
regulation any State, or any portion of any State, when the Secretary 
of Agriculture shall determine the fact that any animals or live 
poultry in such State are affected with any disease or that the 
contagion of any disease exists or that vectors which may disseminate 
any disease exist in such State.
    ``(b) For the purposes of this Act, the word `disease' means any 
disease of livestock or poultry, both infectious and non-infectious, 
and any other health-related condition that may be transmitted by 
livestock or poultry or their products to other animals or humans.
    ``(c) For the purposes of this section, the word `State' means any 
of the several States of the United States, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District 
of Columbia, Guam, the Virgin Islands of the United States, or any 
other territory or possession of the United States.''.
    Sec. 218. Section 1 of the Act of May 6, 1970, (21 U.S.C. 135), is 
amended by designating the current section as subsection ``(a)''; by 
deleting the words ``livestock or poultry disease or pests'' and by 
inserting in lieu thereof ``diseases or livestock or poultry pests''; 
by deleting ``livestock or poultry diseases or pests'' and by inserting 
in lieu thereof ``diseases or livestock or poultry pests''; and by 
adding a new subsection (b) to read:
    ``(b) For the purposes of this Act, the word ``diseases'' means any 
diseases of livestock or poultry, both infectious and non-infectious, 
and any other health-related condition that may be transmitted by 
livestock or poultry or their products to other animals or humans.''.
    Sec. 219. Section 12 of the Act of March 4, 1907, as amended (21 
U.S.C. 612), is amended to read:
    ``(a) The Secretary is authorized to inspect all cattle, sheep, 
swine, goats, horses, mules, and other equines intended and offered for 
export to foreign countries at such times and places, and in such 
manner as the Secretary may deem proper, to ascertain whether such 
cattle, sheep, swine, goats, horses, mules, and other equines are free 
from disease.
    ``(b) For the purpose of this section, the word `disease' means any 
disease of cattle, sheep, swine, goats, horses, mules, and other 
equines, both infectious and non-infectious, and any other health-
related condition that may be transmitted by cattle, sheep, swine, 
goats, horses, mules, and other equines or their products to other 
animals or humans.''
    Sec. 220. The Act of September 28, 1962 (7 U.S.C. 450), is amended 
to read:
    ``(a) In order to avoid duplication of functions, facilities, and 
personnel, and to attain closer coordination and greater effectiveness 
and economy in administration of Federal and State laws and regulations 
relating to the production and marketing of agricultural products and 
to the control or eradication of plant diseases, plant pests, animal 
diseases, and animal pests, the Secretary of Agriculture is authorized, 
in the administration and enforcement of such Federal laws within the 
Secretary of Agriculture's area of responsibility, whenever the 
Secretary of Agriculture deems it feasible and in the public interest, 
to enter into cooperative arrangements with State departments of 
agriculture and other State agencies charged with the administration 
and enforcement of such State laws and regulations and to provide that 
any such State agency which has adequate facilities, personnel, and 
procedures, as determined by the Secretary of Agriculture, may assist 
the Secretary of Agriculture in the administration and enforcement of 
such Federal laws and regulations to the extent and in the manner the 
Secretary of Agriculture deems appropriate in the public interest.
    ``(b) The Secretary is authorized to coordinate the administration 
of such Federal laws and regulations with such State laws and 
regulations wherever feasible. However, nothing in this Act shall 
affect the jurisdiction of the Secretary of Agriculture under any 
Federal law, or any authority to cooperate with State agencies or other 
agencies or persons under existing provisions of law, or affect any 
restrictions of law upon such cooperation.
    ``(c) For the purposes of this Act the term `animal diseases' means 
any diseases of animals, both infectious and non-infectious, and any 
other health-related condition that may be transmitted by animals or 
their products to other animals or humans.''.
    Sec. 221. Section 101(d) of the Act of September 21, 1944 (7 U.S.C. 
430), is amended to read:
    ``(a) The Secretary of Agriculture may purchase in the open market 
from applicable appropriations samples of all tuberculin, serums, 
antitoxins, or other products, of foreign or domestic manufacture, 
which are sold in the United States, for the detection, prevention, 
treatment, or cure of diseases of domestic animals, test the same, and 
disseminate the results of the tests in such manner as the Secretary of 
Agriculture may deem best.''.
    ``(b) For the purposes of this section, the word `diseases'; means 
any diseases of domestic animals, both infectious and non-infectious, 
and any other health-related condition that may be transmitted by 
domestic animals or their products to other animals or humans.''.
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