[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1423 Introduced in House (IH)]

  1st Session
                                H. R. 1423

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to provide for improved public health and food safety 
 through the reduction in meat and poultry of harmful substances that 
       present a threat to public health, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

Mr. Brown of California (for himself and Mr. Torricelli) 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 provide for improved public health and food safety 
 through the reduction in meat and poultry of harmful substances that 
       present a threat to public health, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Family Food 
Protection Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                        TITLE I--MEAT INSPECTION

Sec. 101. References to the Federal Meat Inspection Act.
Sec. 102. Definitions.
Sec. 103. Storage and handling regulations.
Sec. 104. Federal and State cooperation.
Sec. 105. Auxiliary provisions.
Sec. 106. Reducing adulteration of meat and meat food products.
                      TITLE II--POULTRY INSPECTION

Sec. 201. References to the Poultry Products Inspection Act.
Sec. 202. Definitions.
Sec. 203. Federal and State cooperation.
Sec. 204. Exemptions.
Sec. 205. Reducing adulteration of poultry and poultry products.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) bacterial foodborne illness exacts a terrible toll on 
        United States citizens, taking approximately 9,000 lives each 
        year and causing between 6,500,000 and 80,000,000 illnesses;
            (2) meat and meat food products, and poultry and poultry 
        products, contaminated with pathogenic bacteria are a leading 
        cause of foodborne illness;
            (3) foodborne illness related to meat and poultry cost 
        Americans between $2,000,000,000 and $4,000,000,000 each year 
        in medical expenses and lost wages;
            (4) the number of illnesses and deaths associated with 
        adulterated meat and poultry undermines public confidence in 
        the food supply of the United States and tends to destroy both 
        domestic and foreign markets for wholesome meat and poultry;
            (5) the meat and poultry inspection system costs United 
        States taxpayers approximately $600,000,000 per year but does 
        not provide adequate protection against foodborne illness 
        because the system does not test for and limit the presence of 
        disease-causing bacteria;
            (6) the Federal Government must--
                    (A) set levels of disease-causing bacteria above 
                which meat and meat food products and poultry and 
                poultry products are determined to be unsafe for human 
                consumption and adulterated; and
                    (B) remove the products from commerce unless and 
                until the products are made safe;
            (7) beginning with the National Academy of Sciences report 
        entitled ``Meat and Poultry: The Scientific Basis for the 
        Nation's Program'', the United States Department of Agriculture 
        has been urged to shift from organoleptic inspection to 
        inspection based on the detection and limitation of disease-
        causing bacteria;
            (8) to sustain the confidence of the people of the United 
        States and justify the expenditure of tax dollars, the 
        inspection system must--
                    (A) be based on sound application of modern 
                science;
                    (B) effectively protect human health;
                    (C) be open to public scrutiny;
                    (D) create incentives for high standards;
                    (E) provide for fines for failure to meet 
                standards; and
                    (F) assess severe penalties for intentional 
                violation of the law;
            (9) a modern system of meat and poultry inspection should 
        extend from farm to table and require livestock and poultry 
        producers, handlers, processors, distributors, transporters, 
        and retailers to assume responsibility for handling livestock, 
        meat, meat food products, poultry, and poultry products in such 
        a way as to limit contamination to a level that will not 
        endanger human health;
            (10) to effectively protect human health, there must be an 
        orderly transition from the system of inspection in effect on 
        the date of enactment of this Act to a new system based on 
        preventive controls that are designed to limit the presence of 
        disease-causing bacteria on meat, meat food products, poultry, 
        and poultry products, and the efficacy of the new system must 
        be demonstrated by pilot projects;
            (11)(A) consumer confidence is further undermined by the 
        ``USDA Inspected and Passed'' seal that appears on every 
        package of meat or a meat food product and the ``USDA Inspected 
        for Wholesomeness'' seal that appears on every package of 
        poultry and poultry products, a seal that misleads consumers 
        into believing the products are safe when the products often 
        are contaminated with disease-causing bacteria; and
            (B) the Federal Government should not affix a seal that 
        misleads consumers and may increase the incidence of foodborne 
        illness and death; and
            (12)(A) all articles and other animals that are subject to 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.) are in 
        interstate or foreign commerce or substantially affect 
        commerce; and
            (B) regulation by the Secretary of Agriculture and 
        cooperation by the States, consistent with this Act and the 
        amendments made by this Act, are necessary to prevent or 
        eliminate burdens on commerce and to protect the health and 
        welfare of consumers of the United States.

                        TITLE I--MEAT INSPECTION

SEC. 101. REFERENCES TO THE FEDERAL MEAT INSPECTION ACT.

    Whenever in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), 
except to the extent otherwise specifically provided.

SEC. 102. DEFINITIONS.

    (a) Adulterated.--Section 1(m)(1) (21 U.S.C. 601(m)(1)) is amended 
to read as follows:
            ``(1) if it bears or contains a poisonous or deleterious 
        substance that may render it injurious to health, except that, 
        in the case of a substance that is not an added substance, the 
        article shall be considered adulterated under this subsection 
        if there is a reasonable probability that the quantity of the 
        substance in the article will cause adverse health 
        consequences;''.
    (b) Added Substance; Official Establishment.--Section 1 is amended 
by adding at the end the following:
    ``(w) The term `added substance'--
            ``(1) means a substance that is not an inherent constituent 
        of a food and whose intended use results, or may reasonably be 
        expected to result, directly or indirectly, in the substance 
        becoming a component of, or otherwise affecting the 
        characteristics of, the food; and
            ``(2) includes--
                    ``(A) a substance that is intentionally added to 
                any food; or
                    ``(B) a substance that is the result of microbial, 
                viral, environmental, agricultural, industrial, or 
                other contamination.
    ``(x) The term `official establishment' means an establishment 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 the animals, is maintained in accordance with this Act.''.

SEC. 103. STORAGE AND HANDLING REGULATIONS.

    The last sentence of section 24 (21 U.S.C. 624) is amended by 
inserting before the period at the end the following: ``, except that 
regulations issued under section 503 shall apply to a retail store or 
other type of retail establishment''.

SEC. 104. FEDERAL AND STATE COOPERATION.

    Section 301(c) (21 U.S.C. 661(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by inserting after ``the Wholesome Meat 
                        Act,'' the following: ``or by 30 days prior to 
                        the expiration of the two-year period beginning 
                        on the date of enactment of the Family Food 
                        Protection Act of 1995,''; and
                            (ii) by striking ``title I and IV'' and 
                        inserting ``titles I, IV, and V'';
                    (B) by striking ``titles I and IV'' each place it 
                appears and inserting ``titles I, IV, and V''; and
                    (C) by striking ``title I and title IV'' each place 
                it appears and inserting ``titles I, IV, and V''; and
            (2) in paragraph (3), by striking ``titles I and IV'' each 
        place it appears and inserting ``titles I, IV, and V''.

SEC. 105. AUXILIARY PROVISIONS.

    Sections 402 and 403 (21 U.S.C. 672 and 673) are amended by 
striking ``title I or II'' each place it appears and inserting ``title 
I, II, or V''.

SEC. 106. REDUCING ADULTERATION OF MEAT AND MEAT FOOD PRODUCTS.

    The Act (21 U.S.C. 601 et seq.) is amended by adding at the end the 
following:

    ``TITLE V--REDUCING ADULTERATION OF MEAT AND MEAT FOOD PRODUCTS

``SEC. 501. REDUCING ADULTERATION OF MEAT AND MEAT FOOD PRODUCTS.

    ``(a) In General.--On the basis of an evaluation of the risks to 
public health and safety, the Secretary shall issue regulations to--
            ``(1) limit the presence of human pathogens and other 
        potentially harmful substances in cattle, sheep, swine, or 
        goats, or horses, mules, or other equines at the time the 
        animals are presented for slaughter;
            ``(2) ensure that appropriate measures are taken to control 
        and reduce the presence and growth of human pathogens and other 
        potentially harmful substances on carcasses and parts of 
        carcasses and on meat or meat food products derived from the 
        animals prepared in any official establishment;
            ``(3) ensure that all ready-to-eat meat or meat food 
        products prepared in any official establishment preparing the 
        meat or food product for distribution in commerce are processed 
        in such a manner as to destroy any human pathogens and other 
        potentially harmful substances that are likely to cause 
        foodborne illness; and
            ``(4) ensure that meat and meat food products, other than 
        meat and meat food products referred to in paragraph (3), 
        prepared at any official establishment preparing meat or a meat 
        food product for distribution in commerce are labeled with 
        instructions for handling and preparation for consumption that, 
        when adhered to, will destroy any human pathogens or other 
        potentially harmful substances that are likely to cause 
        foodborne illness.
    ``(b) Noncompliance.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        carcass or part of a carcass, or meat or a meat food product, 
        prepared at any official establishment preparing the article 
        for distribution in commerce, that is found not to be in 
        compliance with the regulations issued under paragraph (2), 
        (3), or (4) of subsection (a) shall be--
                    ``(A) considered adulterated and determined to be 
                condemned; and
                    ``(B) if no appeal is made to the determination of 
                condemnation, destroyed for human food purposes under 
                the supervision of a duly authorized representative of 
                the Secretary.
            ``(2) Reprocessing or labeling.--A carcass or part of a 
        carcass, or meat or a meat food product that is not in 
        compliance with paragraph (2), (3), or (4) of subsection (a), 
        but that may by reprocessing or labeling, or both, be made not 
        adulterated, need not be condemned and destroyed if after 
        reprocessing or labeling, or both, as applicable and as 
        determined by the Secretary, under the supervision of a duly 
        authorized representative of the Secretary, the carcass, part 
        of a carcass, meat, or meat food product is subsequently 
        inspected and found to be not adulterated.
            ``(3) Appeals.--
                    ``(A) Action pending appeal.--If an appeal is made 
                to a determination of condemnation, the carcass, part 
                of a carcass, meat, or meat food product shall be 
                appropriately marked, segregated, and held by the 
                official establishment pending completion of an appeal 
                inspection.
                    ``(B) Condemnation sustained.--If the determination 
                of condemnation is sustained, the carcass, part of a 
                carcass, meat, or meat food product if not so 
                reprocessed or labeled, or both, under paragraph (2) so 
                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) Human Pathogens and Other Harmful Substances.--Not later than 
one year after the date of enactment of this title, the Secretary shall 
issue regulations that--
            ``(1) require meat and meat food products in an official 
        establishment to be tested, in such manner and with such 
        frequency as the Secretary considers necessary, to identify 
        human pathogens, or markers for the pathogens, and other 
        potentially harmful substances in the meat and meat food 
        products;
            ``(2) require that the results of any test conducted in 
        accordance with paragraph (1) be reported to the Secretary, in 
        such manner and with such frequency as the Secretary considers 
        necessary;
            ``(3)(A) establish interim limits for human pathogens and 
        other potentially harmful substances that, when found on meat 
        or meat food products, may present a threat to public health; 
        and
            ``(B) in carrying out subparagraph (A)--
                    ``(i) establish interim limits that are below the 
                industry mean as determined by the Secretary for the 
                pathogen or other potentially harmful substance 
                established through national baseline studies; and
                    ``(ii) reestablish the interim limits every two 
                years until the regulatory limits referred to in 
                subsection (d)(2), tolerances, or other standards are 
                established under this Act or other applicable law; 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 regulatory limits, interim limits, 
                tolerances, or other standards established under this 
                Act or other applicable law for human pathogens or 
                other potentially harmful substances.
    ``(d) Research and Regulatory Limits.--
            ``(1) Research on food safety.--The Secretary, acting 
        through the Under Secretary of Agriculture for Food Safety, 
        shall conduct or support appropriate research on food safety, 
        including--
                    ``(A) developing and reevaluating appropriate 
                limits for human pathogens or other potentially harmful 
                substances that when found on meat and meat food 
                products prepared in official establishments may 
                present a threat to public health;
                    ``(B) developing efficient, rapid, and sensitive 
                methods for determining and detecting the presence of 
                microbial contamination, chemical residues, and animal 
                diseases that have an adverse impact on human health;
                    ``(C) conducting baseline studies on the prevalence 
                of human pathogens or other potentially harmful 
                substances in processing facilities; and
                    ``(D) conducting risk assessments to determine the 
                human pathogens and other potentially harmful 
                substances that pose the greatest risk to human health.
            ``(2) Regulatory limits for human pathogens and other 
        harmful substances.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this title, the Secretary of 
                Health and Human Services shall establish regulatory 
                limits, to the maximum extent scientifically 
                supportable, for human pathogens and other potentially 
                harmful substances, including heavy metals, that, when 
                found as a component of meat or meat food products 
                prepared in official establishments, may present a 
                threat to public health.
                    ``(B) Risk to human health.--In establishing the 
                regulatory limits, the Secretary of Health and Human 
                Services shall consider the risk to human health, 
                including the risk to children, the elderly, 
                individuals whose immune systems are compromised, and 
                other population subgroups, posed by consumption of the 
                meat or meat food products containing the human 
                pathogen or other potentially harmful substance.
                    ``(C) Funding.--The Secretary of Agriculture shall 
                annually transfer to the Secretary of Health and Human 
                Services an amount, to be determined by the 
                Secretaries, to defray the cost of establishing the 
                regulatory limits.
    ``(e) Surveillance and Sampling Systems.--
            ``(1) Surveillance system.--In conjunction with the 
        Director of the Centers for Disease Control and Prevention and 
        the Commissioner of Food and Drugs, the Secretary shall develop 
        and administer an active surveillance system for foodborne 
        illness, that is based on a representative sample of the 
        population of the United States, to assess more accurately the 
        frequency and sources of human disease in the United States 
        associated with the consumption of food products.
            ``(2) Sampling system.--
                    ``(A) In general.--Not later than two years after 
                the date of enactment of this title, the Secretary 
                shall establish a sampling system, using data collected 
                under subsection (c)(2) and other sources, to analyze 
                the nature, frequency of occurrence, and quantities of 
                human pathogens and other potentially harmful 
                substances in meat and meat food products.
                    ``(B) Information.--The sampling system shall 
                provide--
                            ``(i) statistically valid monitoring, 
                        including market basket studies, on the nature, 
                        frequency of occurrence, and quantity of human 
                        pathogens and other potentially harmful 
                        substances in meat and meat food products 
                        available to consumers; and
                            ``(ii) such other information as the 
                        Secretary determines may be useful in assessing 
                        the occurrence of human pathogens and other 
                        potentially harmful substances in meat and meat 
                        food products.
                    ``(C) Noncompliance.--If a sample is found to 
                exceed regulatory limits, interim limits, tolerances, 
                or standards established under this Act or other 
                applicable law, the Secretary shall take action to 
                prevent violative products from entering commerce or to 
                remove the violative products from the market.
    ``(f) Review and Consultation.--
            ``(1) Review.--The Secretary shall review, at least every 
        two years, all regulations, processes, procedures, and methods 
        designed to limit and control human pathogens and other 
        potentially harmful substances present on or in carcasses and 
        parts of carcasses and in meat and meat food products. The 
        ongoing review shall include, as necessary, epidemiologic and 
        other scientific studies to ascertain the efficiency and 
        efficacy of the regulations, processes, procedures, and 
        methods.
            ``(2) Consultation.--In carrying out paragraphs (1) and (3) 
        of subsection (c), subsection (d), subsection (e)(1), and 
        paragraph (1), the Secretary shall consult with the Assistant 
        Secretary for Health, the Director of the Centers for Disease 
        Control and Prevention, the Commissioner of Food and Drugs, and 
        the heads of such other Federal and State public health 
        agencies as the Secretary considers appropriate.

``SEC. 502. HAZARD CONTROLS.

    ``(a) Regulations.--
            ``(1) Issuance.--Not later than one year after the date of 
        enactment of this title, the Secretary shall issue regulations 
        that require an official establishment to--
                    ``(A) adopt processing controls that are adequate 
                to protect public health; and
                    ``(B) limit the presence and growth of human 
                pathogens and other potentially harmful substances in 
                carcasses and parts of carcasses and on meat and meat 
                food products derived from animals prepared in the 
                establishment.
            ``(2) Content.--The regulations shall--
                    ``(A) set standards for sanitation;
                    ``(B) set interim limits for biological, chemical, 
                and physical hazards, as appropriate;
                    ``(C) require processing controls to ensure that 
                relevant regulatory standards are met;
                    ``(D) require recordkeeping to monitor compliance;
                    ``(E) require sampling to ensure that processing 
                controls are effective and that regulatory standards 
                are being met; and
                    ``(F) provide for agency access to records kept by 
                official establishments and submission of copies of the 
                records to the Secretary as the Secretary considers 
                appropriate.
            ``(3) Public access.--Public access to records that relate 
        to the adequacy of measures taken by an official establishment 
        to protect the public health, and to limit the presence and 
        growth of human pathogens and other potentially harmful 
        substances, shall be subject to section 552 of title 5, United 
        States Code.
            ``(4) Processing controls.--The Secretary may, as the 
        Secretary considers necessary, require any person with 
        responsibility for, or control over, any animals or meat or 
        meat food products intended for human consumption to adopt 
        processing controls, if the processing controls are needed to 
        ensure the protection of public health.
    ``(b) Advisory Board.--
            ``(1) In general.--On the issuance of regulations under 
        subsection (a), the Secretary shall convene an advisory board 
        on meat and poultry safety to--
                    ``(A) recommend improvements to the meat and 
                poultry inspection programs;
                    ``(B) evaluate alternatives to the programs; and
                    ``(C) provide other relevant advice to the 
                Secretary.
            ``(2) Composition.--The advisory board shall include 
        representatives of consumers, processors, producers, retail 
        outlets, inspectors, plant workers, public health officials, 
        and victims of foodborne illness.
            ``(3) Duties.--The advisory board shall--
                    ``(A) evaluate--
                            ``(i) the meat and poultry inspection 
                        programs; and
                            ``(ii) the significance of the programs in 
                        ensuring the proper operation of mandatory 
                        processing controls; and
                    ``(B) make recommendations to the Secretary 
                described in paragraph (4).
            ``(4) Report.--The Secretary shall report to Congress on 
        the recommendations of the advisory board for improving the 
        meat and poultry inspection programs, including--
                    ``(A) the timing and criteria for any changes in 
                the programs;
                    ``(B) alternative approaches for addressing safety 
                and quality issues; and
                    ``(C) the minimum time needed to ensure that 
                processing controls effectively reduce foodborne 
                illness prior to any change in the programs.
            ``(5) Procedure.--The advisory board shall be subject to 
        the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(c) Labeling.--Notwithstanding any other provision of this Act, 
if the Secretary discontinues carcass-by-carcass inspection of meat, 
the `USDA Inspected and Passed' seal, or a similar seal, shall not be 
affixed to any carcasses and parts of carcasses and to meat and meat 
food products derived from the animals prepared in any official 
establishment.

``SEC. 503. VOLUNTARY GUIDELINES FOR RETAIL ESTABLISHMENTS.

    ``(a) Standards.--
            ``(1) In general.--In consultation with representatives of 
        States, the Conference for Food Protection, the Association of 
        Food and Drug Officials, and Federal agencies, the Secretary 
        shall establish minimum standards for the handling, processing, 
        and storage of meat and meat food products at retail stores, 
        restaurants, and similar types of retail establishments 
        (collectively referred to in this section as `retail 
        establishments').
            ``(2) Content.--The standards shall--
                    ``(A) be designed to ensure that meat and meat food 
                products sold by retail establishments are safe for 
                human consumption;
                    ``(B) be based on the principles of preventive 
                controls; and
                    ``(C) include--
                            ``(i) safe food processing and handling 
                        practices for retail establishments, including 
                        time and temperature controls on meat and meat 
                        food products sold by the establishments;
                            ``(ii) equipment handling practices, 
                        including standards for the cleaning and 
                        sanitization of food equipment and utensils;
                            ``(iii) minimum personnel hygiene 
                        requirements; and
                            ``(iv) requirements for the use of 
                        temperature warning devices on raw meat and 
                        meat food products to alert consumers to 
                        inadequate temperature controls.
    ``(b) Guidelines.--
            ``(1) Issuance.--Not later than 18 months after the date of 
        enactment of this title, the Secretary, after notice and 
        opportunity for comment, shall issue guidelines for retail 
        establishments that offer meat and meat food products that 
        include the standards established under subsection (a).
            ``(2) Compliance.--Not later than 18 months after the date 
        of enactment of this title, the Secretary shall issue a final 
        regulation defining the circumstances that constitute 
        substantial compliance by retail establishments with the 
        guidelines issued under paragraph (1). The regulation shall 
        provide that there is not substantial compliance if a 
        significant number of retail establishments have failed to 
        comply with the guidelines.
            ``(3) Report.--
                    ``(A) In general.--Not later than three years after 
                the date of enactment of this title, the Secretary 
                shall issue a report to Congress on actions taken by 
                retail establishments to comply with the guidelines. 
                The report shall include a determination of whether 
                there is substantial compliance with the guidelines.
                    ``(B) Substantial compliance.--If the Secretary 
                determines that there is substantial compliance with 
                the guidelines, the Secretary shall issue a report and 
                make a determination in accordance with subparagraph 
                (A) not less than every two years.
                    ``(C) No substantial compliance.--If the Secretary 
                determines that there is not substantial compliance 
                with the guidelines, the Secretary shall (at the time 
                the determination is made) issue proposed regulations 
                requiring that retail establishments comply with the 
                guidelines. The Secretary shall issue final regulations 
                imposing the requirement not later than 180 days after 
                issuance of any proposed regulations. Any final 
                regulations shall become effective 180 days after the 
                date of the issuance of the final regulations.
    ``(c) Enforcement.--A State may bring, in the name of the State and 
within the jurisdiction of the State, a proceeding for the civil 
enforcement, or to restrain a violation, of final regulations issued 
pursuant to subsection (b)(3)(C) if the food that is the subject of the 
proceeding is located in the State.

``SEC. 504. LIVESTOCK TRACEBACK.

    ``(a) In General.--
            ``(1) Identification.--For the purpose of understanding the 
        nature of foodborne illness and minimizing the risks of 
        foodborne illness from carcasses and parts of carcasses and 
        meat and meat food products distributed in commerce, the 
        Secretary shall, as the Secretary considers necessary, 
        prescribe by regulation that cattle, sheep, swine, and goats, 
        and horses, mules, and other equines presented for slaughter 
        for human food purposes be identified in a manner prescribed by 
        the Secretary to enable the Secretary to trace each animal to 
        any premises at which the animal has been held for such period 
        prior to slaughter as the Secretary considers necessary to 
        carry out this Act.
            ``(2) Prohibition or restriction on entry.--The Secretary 
        may prohibit or restrict entry into any slaughtering 
        establishment inspected under this Act of any cattle, sheep, 
        swine, or goats, or horses, mules, or other equines not 
        identified as prescribed by the Secretary.
    ``(b) Records.--
            ``(1) In general.--The Secretary may require that a person 
        required to identify livestock pursuant to subsection (a) 
        maintain accurate records, as prescribed by the Secretary, 
        regarding the purchase, sale, and identification of the 
        livestock.
            ``(2) Access.--A person subject to paragraph (1) shall, at 
        all reasonable times, on notice by a duly authorized 
        representative of the Secretary, afford the representative 
        access to the place of business of the person and an 
        opportunity to examine the records of the person and copy the 
        records.
            ``(3) Duration.--Any record required to be maintained under 
        this subsection shall be maintained for such period of time as 
        the Secretary prescribes.
    ``(c) False Information.--No person shall falsify or misrepresent 
to the Secretary or any other person any information concerning the 
premises at which any cattle, sheep, swine, or goats, or horses, mules, 
or other equines, or carcasses thereof, were held.
    ``(d) Maintenance of Records.--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 cattle, sheep, swine, 
or goats, or horses, mules, or other equines, or the carcasses thereof.
    ``(e) Human Pathogens or Other Harmful Substances.--
            ``(1) Identification of source.--If the Secretary finds any 
        human pathogen or any other potentially harmful substance in 
        any cattle, sheep, swine, or goats, or horses, mules, or other 
        equines at the time they are presented for slaughter or in any 
        carcasses, parts of carcasses, meat, or meat food products 
        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 other potentially harmful substance presents a threat to 
        public health, the Secretary may take such action as the 
        Secretary considers necessary to determine the source of the 
        human pathogen or other potentially harmful substance.
            ``(2) Action.--If the Secretary identifies the source of 
        any human pathogen or other potentially harmful substance 
        referred to in paragraph (1), the Secretary may prohibit or 
        restrict the movement of any animals, carcasses, parts of 
        carcasses, meat, meat food products, or any other article from 
        any source of the human pathogen or other potentially harmful 
        substance until the Secretary determines that the human 
        pathogen or other potentially harmful substance at the source 
        no longer presents a threat to public health.
    ``(f) Producers and Handlers.--
            ``(1) Use of methods.--The Secretary shall use any means of 
        identification and recordkeeping methods utilized by producers 
        or handlers of cattle, sheep, swine, or goats, or horses, 
        mules, or other equines whenever the Secretary determines that 
        the means of identification and recordkeeping methods will 
        enable the Secretary to carry out this section.
            ``(2) Cooperation.--The Secretary may cooperate with 
        producers or handlers of cattle, sheep, swine, or goats, or 
        horses, mules, or other equines, in which any human pathogen or 
        other potentially harmful substance described in subsection 
        (e)(1) is found, to develop and carry out methods to limit or 
        eliminate the human pathogen or other potentially harmful 
        substance at the source.

``SEC. 505. NOTIFICATION AND RECALL OF NONCONFORMING ARTICLES.

    ``(a) Notification.--Any person preparing carcasses or parts of 
carcasses, meat, or meat food products for distribution in commerce who 
obtains knowledge that provides a reasonable basis for believing that 
any carcasses or parts of carcasses or any meat or meat food products--
            ``(1) are unsafe for human consumption, adulterated, or not 
        produced in accordance with section 501(a); 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 the articles.
    ``(b) Recall.--
            ``(1) In general.--If the Secretary finds, on notification 
        or otherwise, that any carcasses or parts of carcasses or any 
        meat or meat food products--
                    ``(A) are unsafe for human consumption, 
                adulterated, or not produced in accordance with section 
                501(a); or
                    ``(B) are misbranded;
        the Secretary shall by order require any person engaged in the 
        processing, handling, transportation, storage, importation, 
        distribution, or sale of the articles to immediately cease any 
        distribution of the articles, and to recall the articles from 
        commercial distribution and use, if the Secretary determines 
        that there is a reasonable probability that the product is 
        unsafe for human consumption, adulterated, or misbranded, 
        unless the person is engaged in a voluntary recall of the 
        articles that the Secretary considers adequate.
            ``(2) Order.--The order shall--
                    ``(A) include a timetable during which the recall 
                shall occur;
                    ``(B) require periodic reports by the person to the 
                Secretary describing the progress of the recall; and
                    ``(C) require notice to consumers to whom the 
                articles were, or may have been, distributed as to how 
                the consumers should treat the article.
    ``(c) Informal Hearing.--
            ``(1) In general.--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 
        issuance of the order, on the actions required by the order.
            ``(2) Vacation of order.--If, after providing an 
        opportunity for the hearing, the Secretary determines that 
        inadequate grounds exist to support the actions required by the 
        order, the Secretary shall vacate the order.
    ``(d) Judicial Recall.--A district court of the United States may 
order any person engaged in the processing, handling, transportation, 
storage, importation, distribution, or sale of any carcass, part of a 
carcass, meat, or meat food product to recall the carcass, part of a 
carcass, meat, or meat food product if the court finds that there is a 
reasonable probability that the carcass, part of a carcass, meat, or 
meat food product is unsafe for human consumption, adulterated, or 
misbranded.

``SEC. 506. REFUSAL OR WITHDRAWAL OF INSPECTION.

    ``(a) In General.--The Secretary may, for such period or 
indefinitely as the Secretary considers necessary to carry out this 
Act, refuse to provide, or withdraw, inspections under title I with 
respect to any official establishment if the Secretary determines, 
after opportunity for a hearing is accorded to the applicant for, or 
recipient of, the service that the applicant or recipient, or any 
person connected with the applicant or recipient, has repeatedly failed 
to comply with this Act.
    ``(b) Inspections Pending Review.--The Secretary may direct that, 
pending opportunity for an expedited hearing in the case of any refusal 
or withdrawal of inspections and the final determination and order 
under subsection (a) and any judicial review of the determination and 
order, inspections shall be denied or suspended if the Secretary 
considers the action necessary in the public interest in order to 
protect the health or welfare of consumers or to ensure the safe and 
effective performance of official duties under this Act.
    ``(c) Judicial Review.--
            ``(1) In general.--The determination and order of the 
        Secretary with respect to refusal or withdrawal of inspections 
        under this section shall be final and conclusive unless the 
        applicant for, or recipient of, inspections files an 
        application for judicial review not later than 30 days after 
        the effective date of the order.
            ``(2) Inspections pending review.--Inspections shall be 
        refused or withdrawn as of the effective date of the order 
        pending any judicial review of the order unless the Secretary 
        or the Court of Appeals directs otherwise.
            ``(3) Venue; record.--Judicial review of the order shall 
        be--
                    ``(A) in the United States Court of Appeals for the 
                circuit in which the applicant for, or the recipient 
                of, inspections has the principal place of business of 
                the applicant or recipient or in the United States 
                Court of Appeals for the District of Columbia Circuit; 
                and
                    ``(B) based on the record on which the 
                determination and order are based.
            ``(4) Process.--Section 204 of the Packers and Stockyards 
        Act, 1921 (7 U.S.C. 194), shall be applicable to appeals taken 
        under this section.
    ``(d) Additional Authority.--This section shall be in addition to, 
and not derogate from, any provision of this Act for refusal, 
withdrawal, or suspension of inspections under title I.

``SEC. 507. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Assessment.--A person who violates this title, a 
        regulation issued under this title, or an order issued under 
        subsection (b) or (d) of section 505 may be assessed a civil 
        penalty by the Secretary of not more than $100,000 for each day 
        of violation.
            ``(2) Separate violation.--Each offense described in 
        paragraph (1) shall be considered to be a separate violation.
            ``(3) Notice and opportunity for hearing.--No penalty may 
        be assessed against a person under this section unless the 
        person is given notice and an opportunity for a hearing on the 
        record before the Secretary in accordance with sections 554 and 
        556 of title 5, United States Code.
            ``(4) Amount.--The amount of the civil penalty shall be 
        assessed by the Secretary by written order, taking into account 
        the gravity of the violation, the degree of culpability, and 
        any history of prior offenses. The amount may be reviewed only 
        as provided in subsection (b).
    ``(b) Review.--
            ``(1) In general.--A person against whom a violation is 
        found and a civil penalty assessed by order of the Secretary 
        under subsection (a) may obtain review of the order in the 
        United States Court of Appeals for the circuit in which the 
        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 the court not later than 30 days 
        after the date of the order and by simultaneously sending a 
        copy of the notice by certified mail to the Secretary.
            ``(2) Record.--The Secretary shall promptly file in the 
        court a certified copy of the record on which the violation was 
        found and the penalty assessed.
            ``(3) Findings.--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) Civil Action To Recover Assessment.--
            ``(1) In general.--If a person fails to pay an assessment 
        of a civil penalty after the penalty 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.
            ``(2) Scope of review.--In a recovery action under 
        paragraph (1), the validity and appropriateness of the order of 
        the Secretary imposing the civil penalty shall not be subject 
        to review.
    ``(d) Disposition of Amounts.--All amounts collected under this 
section shall be paid into the Treasury of the United States.
    ``(e) Equitable Relief.--
            ``(1) Relationship to other actions.--Nothing in this Act 
        requires the Secretary to report for criminal prosecution, or 
        for the institution of an injunction or other proceeding, a 
        violation of this Act, if the Secretary believes that the 
        public interest will be adequately served by assessment of 
        civil penalties.
            ``(2) Modification of penalty.--The Secretary may 
        compromise, modify, or remit, with or without conditions, any 
        civil penalty assessed under this section.

``SEC. 508. WHISTLEBLOWER PROTECTION.

    ``(a) In General.--No person subject to this Act may harass, 
prosecute, hold liable, or discriminate against any employee or other 
person because the person--
            ``(1) is assisting or demonstrating an intent to assist in 
        achieving compliance with any Federal or State law (including a 
        rule or regulation);
            ``(2) is refusing to violate or assist in the violation of 
        any Federal or State law (including a rule or regulation); or
            ``(3) has commenced, caused to be commenced, or is about to 
        commence a proceeding, has testified or is about to testify at 
        a proceeding, or has assisted or participated or is about to 
        assist or participate in any manner in such a proceeding or in 
        any other action to carry out the functions or responsibilities 
        of any agency, office, or unit of the Department of 
        Agriculture.
    ``(b) Procedures and Penalties.--The procedures and penalties 
applicable to prohibited acts under subsection (a) shall be governed by 
the applicable provisions of section 31105 of title 49, United States 
Code.
    ``(c) Burdens of Proof.--The legal burdens of proof with respect to 
prohibited acts under subsection (a) shall be governed by the 
applicable provisions of sections 1214 and 1221 of title 5, United 
States Code.''.

                      TITLE II--POULTRY INSPECTION

SEC. 201. REFERENCES TO THE POULTRY PRODUCTS INSPECTION ACT.

    Whenever in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.), except to the extent otherwise specifically provided.

SEC. 202. DEFINITIONS.

    (a) Adulterated.--Section 4(g)(1) (21 U.S.C. 453(g)(1)) is amended 
to read as follows:
            ``(1) if it bears or contains a poisonous or deleterious 
        substance that may render it injurious to health, except that, 
        in the case of a substance that is not an added substance, the 
        article shall be considered adulterated under this subsection 
        if there is a reasonable probability that the quantity of the 
        substance in the article will cause adverse health 
        consequences;''.
    (b) Added Substance.--Section 4 is amended by adding at the end the 
following:
    ``(cc) The term `added substance'--
            ``(1) means a substance that is not an inherent constituent 
        of a food and whose intended use results, or may reasonably be 
        expected to result, directly or indirectly, in the substance 
        becoming a component of, or otherwise affecting the 
        characteristics of, the food; and
            ``(2) includes--
                    ``(A) a substance that is intentionally added to 
                any food; or
                    ``(B) a substance that is the result of microbial, 
                viral, environmental, agricultural, industrial, or 
                other contamination.''.

SEC. 203. FEDERAL AND STATE COOPERATION.

    The first sentence of section 5(c)(1) (21 U.S.C. 454(c)(1)) is 
amended--
            (1) by inserting after ``the Wholesome Poultry Products 
        Act,'' the following: ``or by 30 days prior to the expiration 
        of the two-year period beginning on the date of enactment of 
        the Family Food Protection Act of 1995,''; and
            (2) by striking ``sections 1-4, 6-10, and 12-22 of this 
        Act'' and inserting ``sections 1 through 4, 6 through 10, 12 
        through 22, and 30 through 37''.

SEC. 204. EXEMPTIONS.

    Section 15(a)(1) (21 U.S.C. 464(a)(1)) is amended by inserting 
before the semicolon at the end the following: ``, except that 
regulations issued under section 32 shall apply to a retail store or 
other type of retail establishment''.

SEC. 205. REDUCING ADULTERATION OF POULTRY AND POULTRY PRODUCTS.

    The Act (21 U.S.C. 451 et seq.) is amended by adding at the end the 
following:

``SEC. 30. REDUCING ADULTERATION OF POULTRY AND POULTRY PRODUCTS.

    ``(a) In General.--On the basis of an evaluation of the risks to 
public health and safety, the Secretary shall issue regulations to--
            ``(1) limit the presence of human pathogens and other 
        potentially harmful substances in poultry at the time the 
        poultry are presented for slaughter;
            ``(2) ensure that appropriate measures are taken to control 
        and reduce the presence and growth of human pathogens and other 
        potentially harmful substances on poultry or poultry products 
        prepared in any official establishment;
            ``(3) ensure that all ready-to-eat poultry or poultry 
        products prepared in any official establishment preparing the 
        poultry or poultry products for distribution in commerce are 
        processed in such a manner as to destroy any human pathogens 
        and other potentially harmful substances that are likely to 
        cause foodborne illness; and
            ``(4) ensure that poultry and poultry products, other than 
        the poultry and products referred to in paragraph (3), prepared 
        at any official establishment preparing the poultry or poultry 
        products for distribution in commerce are labeled with 
        instructions for handling and preparation for consumption that, 
        when adhered to, will destroy any human pathogens or other 
        potentially harmful substances that are likely to cause 
        foodborne illness.
    ``(b) Noncompliance.--
            ``(1) In general.--Except as provided in paragraph (2), 
        poultry or a poultry product prepared at any official 
        establishment preparing the poultry or poultry product for 
        distribution in commerce, that is found not to be in compliance 
        with the regulations issued under paragraph (2), (3), or (4) of 
        subsection (a) shall be--
                    ``(A) considered adulterated and determined to be 
                condemned; and
                    ``(B) if no appeal is made to the determination of 
                condemnation, destroyed for human food purposes under 
                the supervision of an inspector.
            ``(2) Reprocessing or labeling.--Poultry or a poultry 
        product that is not in compliance with paragraph (2), (3), or 
        (4) of subsection (a), but that may by reprocessing or 
        labeling, or both, be made not adulterated, need not be 
        condemned and destroyed if after reprocessing or labeling, or 
        both, as applicable and as determined by the Secretary, under 
        the supervision of an inspector, the poultry or poultry product 
        is subsequently inspected and found to be not adulterated.
            ``(3) Appeals.--
                    ``(A) Action pending appeal.--If an appeal is made 
                to a determination of condemnation, the poultry or 
                poultry product shall be appropriately marked, 
                segregated, and held by the official establishment 
                pending completion of an appeal inspection.
                    ``(B) Condemnation sustained.--If the determination 
                of condemnation is sustained, the poultry or poultry 
                product if not reprocessed or labeled, or both, under 
                paragraph (2) so 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) Human Pathogens and Other Harmful Substances.--Not later than 
one year after the date of enactment of this section, the Secretary 
shall issue regulations that--
            ``(1) require poultry and poultry products in an official 
        establishment to be tested, in such manner and with such 
        frequency as the Secretary considers necessary, to identify 
        human pathogens, or markers for the pathogens, and other 
        potentially harmful substances in the poultry and poultry 
        products;
            ``(2) require that the results of any test conducted in 
        accordance with paragraph (1) be reported to the Secretary, in 
        such manner and with such frequency as the Secretary considers 
        necessary;
            ``(3)(A) establish interim limits for human pathogens and 
        other potentially harmful substances that, when found on 
        poultry or poultry products, may present a threat to public 
        health; and
            ``(B) in carrying out subparagraph (A)--
                    ``(i) establish interim limits that are below the 
                industry mean as determined by the Secretary for the 
                pathogen or other potentially harmful substance 
                established through national baseline studies; and
                    ``(ii) reestablish the interim limits every two 
                years until the regulatory limits referred to in 
                subsection (d)(2), tolerances, or other standards are 
                established under this Act or other applicable law; 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 regulatory limits, interim limits, 
                tolerances, or other standards established under this 
                Act or other applicable law for human pathogens or 
                other potentially harmful substances.
    ``(d) Research and Regulatory Limits.--
            ``(1) Research on food safety.--The Secretary, acting 
        through the Under Secretary of Agriculture for Food Safety, 
        shall conduct or support appropriate research on food safety, 
        including--
                    ``(A) developing and reevaluating appropriate 
                limits for human pathogens or other potentially harmful 
                substances that when found on poultry and poultry 
                products prepared in official establishments may 
                present a threat to public health;
                    ``(B) developing efficient, rapid, and sensitive 
                methods for determining and detecting the presence of 
                microbial contamination, chemical residues, and animal 
                diseases that have an adverse impact on human health;
                    ``(C) conducting baseline studies on the prevalence 
                of human pathogens or other potentially harmful 
                substances in processing facilities; and
                    ``(D) conducting risk assessments to determine the 
                human pathogens and other potentially harmful 
                substances that pose the greatest risk to human health.
            ``(2) Regulatory limits for human pathogens and other 
        harmful substances.--
                    ``(A) In general.--Not later than one year after 
                the date of enactment of this section, the Secretary of 
                Health and Human Services shall establish regulatory 
                limits, to the maximum extent scientifically 
                supportable, for human pathogens and other potentially 
                harmful substances, including heavy metals, that, when 
                found as a component of poultry or poultry products 
                prepared in official establishments, may present a 
                threat to public health.
                    ``(B) Risk to human health.--In establishing the 
                regulatory limits, the Secretary of Health and Human 
                Services shall consider the risk to human health, 
                including the risk to children, the elderly, 
                individuals whose immune systems are compromised, and 
                other population subgroups, posed by consumption of the 
                poultry or poultry products containing the human 
                pathogen or other potentially harmful substance.
                    ``(C) Funding.--The Secretary of Agriculture shall 
                annually transfer to the Secretary of Health and Human 
                Services an amount, to be determined by the 
                Secretaries, to defray the cost of establishing the 
                regulatory limits.
    ``(e) Surveillance and Sampling Systems.--
            ``(1) Surveillance system.--In conjunction with the 
        Director of the Centers for Disease Control and Prevention and 
        the Commissioner of Food and Drugs, the Secretary shall develop 
        and administer an active surveillance system for foodborne 
        illness, that is based on a representative sample of the 
        population of the United States, to assess more accurately the 
        frequency and sources of human disease in the United States 
        associated with the consumption of food products.
            ``(2) Sampling system.--
                    ``(A) In general.--Not later than two years after 
                the date of enactment of this section, the Secretary 
                shall establish a sampling system, using data collected 
                under subsection (c)(2) and other sources, to analyze 
                the nature, frequency of occurrence, and quantities of 
                human pathogens and other potentially harmful 
                substances in poultry and poultry products.
                    ``(B) Information.--The sampling system shall 
                provide--
                            ``(i) statistically valid monitoring, 
                        including market basket studies, on the nature, 
                        frequency of occurrence, and quantity of human 
                        pathogens and other potentially harmful 
                        substances in poultry and poultry products 
                        available to consumers; and
                            ``(ii) such other information as the 
                        Secretary determines may be useful in assessing 
                        the occurrence of human pathogens and other 
                        potentially harmful substances in poultry and 
                        poultry products.
                    ``(C) Noncompliance.--If a sample is found to 
                exceed regulatory limits, interim limits, tolerances, 
                or standards established under this Act or other 
                applicable law, the Secretary shall take action to 
                prevent violative products from entering commerce or to 
                remove the violative products from the market.
    ``(f) Review and Consultation.--
            ``(1) Review.--The Secretary shall review, at least every 
        two years, all regulations, processes, procedures, and methods 
        designed to limit and control human pathogens and other 
        potentially harmful substances present on or in poultry and 
        poultry products. The ongoing review shall include, as 
        necessary, epidemiologic and other scientific studies to 
        ascertain the efficiency and efficacy of the regulations, 
        processes, procedures, and methods.
            ``(2) Consultation.--In carrying out paragraphs (1) and (3) 
        of subsection (c), subsection (d), subsection (e)(1), and 
        paragraph (1), the Secretary shall consult with the Assistant 
        Secretary for Health, the Director of the Centers for Disease 
        Control and Prevention, the Commissioner of Food and Drugs, and 
        the heads of such other Federal and State public health 
        agencies as the Secretary considers appropriate.

``SEC. 31. HAZARD CONTROLS.

    ``(a) Regulations.--
            ``(1) Issuance.--Not later than one year after the date of 
        enactment of this section, the Secretary shall issue 
        regulations that require an official establishment to--
                    ``(A) adopt processing controls that are adequate 
                to protect public health; and
                    ``(B) limit the presence and growth of human 
                pathogens and other potentially harmful substances in 
                poultry and poultry products prepared in the 
                establishment.
            ``(2) Content.--The regulations shall--
                    ``(A) set standards for sanitation;
                    ``(B) set interim limits for biological, chemical, 
                and physical hazards, as appropriate;
                    ``(C) require processing controls to ensure that 
                relevant regulatory standards are met;
                    ``(D) require recordkeeping to monitor compliance;
                    ``(E) require sampling to ensure that processing 
                controls are effective and that regulatory standards 
                are being met; and
                    ``(F) provide for agency access to records kept by 
                official establishments and submission of copies of the 
                records to the Secretary as the Secretary considers 
                appropriate.
            ``(3) Public access.--Public access to records that relate 
        to the adequacy of measures taken by an official establishment 
        to protect the public health, and to limit the presence and 
        growth of human pathogens and other potentially harmful 
        substances, shall be subject to section 552 of title 5, United 
        States Code.
            ``(4) Processing controls.--The Secretary may, as the 
        Secretary considers necessary, require any person with 
        responsibility for, or control over, any poultry or poultry 
        products intended for human consumption to adopt processing 
        controls, if the processing controls are needed to ensure the 
        protection of public health.
    ``(b) Advisory Board.--On the issuance of regulations under 
subsection (a), the Secretary shall convene an advisory board on meat 
and poultry safety in accordance with section 502(b) of the Federal 
Meat Inspection Act.
    ``(c) Labeling.--Notwithstanding any other provision of this Act, 
if the Secretary discontinues carcass-by-carcass inspection of poultry, 
the `USDA Inspected for Wholesomeness' seal, or a similar seal, shall 
not be affixed to any poultry and poultry products derived from the 
poultry prepared in any official establishment.

``SEC. 32. VOLUNTARY GUIDELINES FOR RETAIL ESTABLISHMENTS.

    ``(a) Standards.--
            ``(1) In general.--In consultation with representatives of 
        States, the Conference for Food Protection, the Association of 
        Food and Drug Officials, and Federal agencies, the Secretary 
        shall establish minimum standards for the handling, processing, 
        and storage of poultry and poultry products at retail stores, 
        restaurants, and similar types of retail establishments 
        (collectively referred to in this section as `retail 
        establishments').
            ``(2) Content.--The standards shall--
                    ``(A) be designed to ensure that poultry and 
                poultry products sold by the retail establishments are 
                safe for human consumption;
                    ``(B) be based on the principles of preventive 
                controls; and
                    ``(C) include--
                            ``(i) safe food processing and handling 
                        practices for retail establishments, including 
                        time and temperature controls on poultry and 
                        poultry products sold by the establishments;
                            ``(ii) equipment handling practices, 
                        including standards for the cleaning and 
                        sanitization of food equipment and utensils;
                            ``(iii) minimum personnel hygiene 
                        requirements; and
                            ``(iv) requirements for the use of 
                        temperature warning devices on raw poultry or 
                        poultry products to alert consumers to 
                        inadequate temperature controls.
    ``(b) Guidelines.--
            ``(1) Issuance.--Not later than 18 months after the date of 
        enactment of this section, the Secretary, after notice and 
        opportunity for comment, shall issue guidelines for retail 
        establishments that offer poultry and poultry products that 
        include the standards established under subsection (a).
            ``(2) Compliance.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall issue a final 
        regulation defining the circumstances that constitute 
        substantial compliance by retail establishments with the 
        guidelines issued under paragraph (1). The regulation shall 
        provide that there is not substantial compliance if a 
        significant number of retail establishments have failed to 
        comply with the guidelines.
            ``(3) Report.--
                    ``(A) In general.--Not later than three years after 
                the date of enactment of this section, the Secretary 
                shall issue a report to Congress on actions taken by 
                retail establishments to comply with the guidelines. 
                The report shall include a determination of whether 
                there is substantial compliance with the guidelines.
                    ``(B) Substantial compliance.--If the Secretary 
                determines that there is substantial compliance with 
                the guidelines, the Secretary shall issue a report and 
                make a determination in accordance with subparagraph 
                (A) not less than every 2 years.
                    ``(C) No substantial compliance.--If the Secretary 
                determines that there is not substantial compliance 
                with the guidelines, the Secretary shall (at the time 
                the determination is made) issue proposed regulations 
                requiring that retail establishments comply with the 
                guidelines. The Secretary shall issue final regulations 
                imposing the requirement not later than 180 days after 
                issuance of any proposed regulations. Any final 
                regulations shall become effective 180 days after the 
                date of the issuance of the final regulations.
    ``(c) Enforcement.--A State may bring, in the name of the State and 
within the jurisdiction of the State, a proceeding for the civil 
enforcement, or to restrain a violation, of final regulations issued 
pursuant to subsection (b)(3)(C) if the food that is the subject of the 
proceeding is located in the State.

``SEC. 33. LIVESTOCK TRACEBACK.

    ``(a) In General.--
            ``(1) Identification.--For the purpose of understanding the 
        nature of foodborne illness and minimizing the risks of 
        foodborne illness from poultry and poultry products distributed 
        in commerce, the Secretary shall, as the Secretary considers 
        necessary, prescribe by regulation that poultry presented for 
        slaughter for human food purposes be identified in a manner 
        prescribed by the Secretary to enable the Secretary to trace 
        each poultry to any premises at which the poultry has been held 
        for such period prior to slaughter as the Secretary considers 
        necessary to carry out this Act.
            ``(2) Prohibition or restriction on entry.--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) Records.--
            ``(1) In general.--The Secretary may require that a person 
        required to identify poultry pursuant to subsection (a) 
        maintain accurate records, as prescribed by the Secretary, 
        regarding the purchase, sale, and identification of the 
        poultry.
            ``(2) Access.--A person subject to paragraph (1) shall, at 
        all reasonable times, on notice by a duly authorized 
        representative of the Secretary, afford the representative 
        access to the place of business of the person and an 
        opportunity to examine the records of the person and copy the 
        records.
            ``(3) Duration.--Any record required to be maintained under 
        this subsection shall be maintained for such period of time as 
        the Secretary prescribes.
    ``(c) False Information.--No person shall falsify or misrepresent 
to the Secretary or any other person any information concerning the 
premises at which any poultry were held.
    ``(d) Maintenance of Records.--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.
    ``(e) Human Pathogens or Other Harmful Substances.--
            ``(1) Identification of source.--If the Secretary finds any 
        human pathogen or any other potentially harmful substance in 
        any poultry at the time the poultry is presented for slaughter 
        or in any poultry 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 other 
        potentially harmful substance presents a threat to public 
        health, the Secretary may take such action as the Secretary 
        considers necessary to determine the source of the human 
        pathogen or other potentially harmful substance.
            ``(2) Action.--If the Secretary identifies the source of 
        any human pathogen or other potentially harmful substance 
        referred to in paragraph (1), the Secretary may prohibit or 
        restrict the movement of any poultry or poultry products, or 
        any other article from any source of the human pathogen or 
        other potentially harmful substance until the Secretary 
        determines that the human pathogen or other potentially harmful 
        substance at the source no longer presents a threat to public 
        health.
    ``(f) Producers and Handlers.--
            ``(1) Use of methods.--The Secretary shall use any means of 
        identification and recordkeeping methods utilized by producers 
        or handlers of poultry whenever the Secretary determines that 
the means of identification and recordkeeping methods will enable the 
Secretary to carry out this section.
            ``(2) Cooperation.--The Secretary may cooperate with 
        producers or handlers of poultry in which any human pathogen or 
        other potentially harmful substance described in subsection 
        (e)(1) is found, to develop and carry out methods to limit or 
        eliminate the human pathogen or other potentially harmful 
        substance at the source.

``SEC. 34. NOTIFICATION AND RECALL OF NONCONFORMING ARTICLES.

    ``(a) Notification.--Any person preparing poultry or poultry 
products for distribution in commerce who obtains knowledge that 
provides a reasonable basis for believing that any poultry or poultry 
products--
            ``(1) are unsafe for human consumption, adulterated, or not 
        produced in accordance with section 30(a); 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 the articles.
    ``(b) Recall.--
            ``(1) In general.--If the Secretary finds, on notification 
        or otherwise, that any poultry or poultry products--
                    ``(A) are unsafe for human consumption, 
                adulterated, or not produced in accordance with section 
                30(a); or
                    ``(B) are misbranded;
        the Secretary shall by order require any person engaged in the 
        processing, handling, transportation, storage, importation, 
        distribution, or sale of poultry or poultry products to 
        immediately cease any distribution of the poultry or poultry 
        products, and to recall the poultry or poultry products from 
        commercial distribution and use, if the Secretary determines 
        that there is a reasonable probability that the product is 
        unsafe for human consumption, adulterated, or misbranded, 
        unless the person is engaged in a voluntary recall of the 
        poultry or poultry products that the Secretary considers 
        adequate.
            ``(2) Order.--The order shall--
                    ``(A) include a timetable during which the recall 
                shall occur;
                    ``(B) require periodic reports by the person to the 
                Secretary describing the progress of the recall; and
                    ``(C) require notice to consumers to whom the 
                articles were, or may have been, distributed as to how 
                the consumers should treat the article.
    ``(c) Informal Hearing.--
            ``(1) In general.--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 
        issuance of the order, on the actions required by the order.
            ``(2) Vacation of order.--If, after providing an 
        opportunity for the hearing, the Secretary determines that 
        inadequate grounds exist to support the actions required by the 
        order, the Secretary shall vacate the order.
    ``(d) Judicial Recall.--A district court of the United States may 
order any person engaged in the processing, handling, transportation, 
storage, importation, distribution, or sale of poultry or a poultry 
product to recall the poultry or product if the court finds that there 
is a reasonable probability that the poultry or poultry product is 
unsafe for human consumption, adulterated, or misbranded.

``SEC. 35. REFUSAL OR WITHDRAWAL OF INSPECTION.

    ``(a) In General.--The Secretary may, for such period or 
indefinitely as the Secretary considers necessary to carry out this 
Act, refuse to provide, or withdraw, inspections 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, the service that the applicant or recipient, or any 
person connected with the applicant or recipient, has repeatedly failed 
to comply with this Act.
    ``(b) Inspections Pending Review.--The Secretary may direct that, 
pending opportunity for an expedited hearing in the case of any refusal 
or withdrawal of inspections and the final determination and order 
under subsection (a) and any judicial review of the determination and 
order, inspections shall be denied or suspended if the Secretary 
considers the action necessary in the public interest in order to 
protect the health or welfare of consumers or to ensure the safe and 
effective performance of official duties under this Act.
    ``(c) Judicial Review.--
            ``(1) In general.--The determination and order of the 
        Secretary with respect to refusal or withdrawal of inspections 
        under this section shall be final and conclusive unless the 
        applicant for, or recipient of, inspections files an 
        application for judicial review not later than 30 days after 
        the effective date of the order.
            ``(2) Inspections pending review.--Inspections shall be 
        refused or withdrawn as of the effective date of the order 
        pending any judicial review of the order unless the Secretary 
        or the Court of Appeals directs otherwise.
            ``(3) Venue; record.--Judicial review of the order shall 
        be--
                    ``(A) in the United States Court of Appeals for the 
                circuit in which the applicant for, or the recipient 
                of, inspections has the principal place of business of 
                the applicant or recipient or in the United States 
                Court of Appeals for the District of Columbia Circuit; 
                and
                    ``(B) based on the record on which the 
                determination and order are based.
            ``(4) Process.--Section 204 of the Packers and Stockyards 
        Act, 1921 (7 U.S.C. 194), shall be applicable to appeals taken 
        under this section.
    ``(d) Additional Authority.--This section shall be in addition to, 
and not derogate from, any provision of this Act for refusal, 
withdrawal, or suspension of inspections under this Act.

``SEC. 36. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Assessment.--A person who violates any of sections 30 
        through 37, a regulation issued under any of the sections, or 
        an order issued under subsection (b) or (d) of section 34 may 
        be assessed a civil penalty by the Secretary of not more than 
        $100,000 for each day of violation.
            ``(2) Separate violation.--Each offense described in 
        paragraph (1) shall be considered to be a separate violation.
            ``(3) Notice and opportunity for hearing.--No penalty may 
        be assessed against a person under this section unless the 
        person is given notice and an opportunity for a hearing on the 
        record before the Secretary in accordance with sections 554 and 
        556 of title 5, United States Code.
            ``(4) Amount.--The amount of the civil penalty shall be 
        assessed by the Secretary by written order, taking into account 
        the gravity of the violation, the degree of culpability, and 
        any history of prior offenses. The amount may be reviewed only 
        as provided in subsection (b).
    ``(b) Review.--
            ``(1) In general.--A person against whom a violation is 
        found and a civil penalty assessed by order of the Secretary 
        under subsection (a) may obtain review of the order in the 
        United States Court of Appeals for the circuit in which the 
        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 the court not later than 30 days 
        after the date of the order and by simultaneously sending a 
        copy of the notice by certified mail to the Secretary.
            ``(2) Record.--The Secretary shall promptly file in the 
        court a certified copy of the record on which the violation was 
        found and the penalty assessed.
            ``(3) Findings.--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) Civil Action To Recover Assessment.--
            ``(1) In general.--If a person fails to pay an assessment 
        of a civil penalty after the penalty 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.
            ``(2) Scope of review.--In a recovery action under 
        paragraph (1), the validity and appropriateness of the order of 
        the Secretary imposing the civil penalty shall not be subject 
        to review.
    ``(d) Disposition of Amounts.--All amounts collected under this 
section shall be paid into the Treasury of the United States.
    ``(e) Equitable Relief.--
            ``(1) Relationship to other actions.--Nothing in this Act 
        requires the Secretary to report for criminal prosecution, or 
        for the institution of an injunction or other proceeding, a 
        violation of this Act, if the Secretary believes that the 
        public interest will be adequately served by assessment of 
        civil penalties.
            ``(2) Modification of penalty.--The Secretary may 
        compromise, modify, or remit, with or without conditions, any 
        civil penalty assessed under this section.

``SEC. 37. WHISTLEBLOWER PROTECTION.

    ``(a) In General.--No person subject to this Act may harass, 
prosecute, hold liable, or discriminate against any employee or other 
person because the person--
            ``(1) is assisting or demonstrating an intent to assist in 
        achieving compliance with any Federal or State law (including a 
        rule or regulation);
            ``(2) is refusing to violate or assist in the violation of 
        any Federal or State law (including a rule or regulation); or
            ``(3) has commenced, caused to be commenced, or is about to 
        commence a proceeding, has testified or is about to testify at 
        a proceeding, or has assisted or participated or is about to 
        assist or participate in any manner in such a proceeding or in 
        any other action to carry out the functions or responsibilities 
        of any agency, office, or unit of the Department of 
        Agriculture.
    ``(b) Procedures and Penalties.--The procedures and penalties 
applicable to prohibited acts under subsection (a) shall be governed by 
the applicable provisions of section 31105 of title 49, United States 
Code.
    ``(c) Burdens of Proof.--The legal burdens of proof with respect to 
prohibited acts under subsection (a) shall be governed by the 
applicable provisions of sections 1214 and 1221 of title 5, United 
States Code.''.
                                 <all>
HR 1423 IH----2
HR 1423 IH----3
HR 1423 IH----4
HR 1423 IH----5
HR 1423 IH----6