[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4302 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4302

  To consolidate within the Department of Agriculture all inspection 
  activities regarding livestock and poultry carcasses, seafood, meat 
  products, poultry products, and seafood products to provide for the 
          improved inspection of those articles and products.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

Mr. Gunderson introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To consolidate within the Department of Agriculture all inspection 
  activities regarding livestock and poultry carcasses, seafood, meat 
  products, poultry products, and seafood products to provide for the 
          improved inspection of those articles and products.

    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 ``Meat, Poultry, and 
Seafood Inspection Reform Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions
Sec. 3. Congressional intent and statement of findings.
Sec. 4. Transfer of jurisdiction over seafood inspection.
 TITLE I--INSPECTION AND LABELING OF LIVESTOCK , POULTRY, SEAFOOD, AND 
                             THEIR PRODUCTS

                  Subtitle A--Inspection Requirements

Sec. 101. Ante-mortem examination.
Sec. 102. Post-mortem examination.
Sec. 103. Processing examination.
Sec. 104. Facility sanitation.
Sec. 105. Night examinations and verifications.
Sec. 106. Prohibited acts: adulteration.
Sec. 107. Exempt activities.
Sec. 108. Microbiological testing.
                   Subtitle B--Labeling Requirements

Sec. 121. Inspection labeling.
Sec. 122. Derivation labeling; separate preparation and slaughtering 
                            activities.
Sec. 123. Prohibited acts: misbranding.
                   Subtitle C--International Commerce

Sec. 131. Imported livestock and poultry carcasses, seafood, meat 
                            products, poultry products, and seafood 
                            products.
Sec. 132. Exports and certificates of condition.
                       Subtitle D--Miscellaneous

Sec. 141. Transitional period.
Sec. 142. Rulemaking.
Sec. 143. Appeals.
Sec. 144. Safe Meat, Poultry, and Seafood Inspection Advisory Panel.
Sec. 145. Bribery of officers, employees, or officials.
Sec. 146. Conditions for entry.
Sec. 147. Pre-slaughter identification and control.
Sec. 148. Monitoring and closure of growing areas and fishing grounds.
Sec. 149. Trade secret protection.
                      TITLE II--RELATED INDUSTRIES

Sec. 201. Prohibition of title I inspection for articles not intended 
                            for use as human food; Denaturation or 
                            other identification prior to distribution 
                            in commerce; Inedible articles.
Sec. 202. Record keeping requirements.
Sec. 203. Registration of person, place of business, and trade name.
Sec. 204. Regulation of certain transactions, transportation, or 
                            importation of certain livestock, poultry, 
                            or seafood to prevent its use as human 
                            food.
Sec. 205. Applicability to State and territorial businesses not engaged 
                            in interstate commerce.
                TITLE III--FEDERAL AND STATE COOPERATION

Sec. 301. Federal and State cooperation.
                     TITLE IV--AUXILIARY PROVISIONS

Sec. 401. Inspection services.
Sec. 402. Administrative detention and release of carcasses, meat 
                            products, poultry products, and seafood 
                            products.
Sec. 403. Seizure and condemnation.
Sec. 404. Federal jurisdiction.
Sec. 405. Criminal acts against inspection officials.
Sec. 406. Violations.
Sec. 407. Other Federal laws applicable to administration and 
                            enforcement of Act.
Sec. 408. State jurisdiction over federally-regulated matters.
Sec. 409. Federal Food, Drug, and Cosmetic Act applications.
                       TITLE V--PUBLIC EDUCATION

Sec. 501. Education.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Research.
Sec. 602. Cost of inspection; Overtime.
Sec. 603. Authorization of appropriations.
Sec. 604. Reports to Congress
                  TITLE VII--REPEAL OF SUPERSEDED LAWS

Sec. 701. Poultry Products Inspection Act.
Sec. 702. Federal Meat Inspection Act.
Sec. 703. Related laws.
Sec. 704. Conforming amendments.
                       TITLE VIII--EFFECTIVE DATE

Sec. 801. Effective date.

SEC. 2. DEFINITIONS.

    The following definitions apply for purposes of this Act:
    (a) Definitions Related to Regulated Articles.--
            (1) Carcass.--The term ``carcass'' means the body of any 
        livestock or poultry following the removal of the viscera, 
        hide, head, tail, or extremities.
            (2) Livestock.--The term ``livestock'' means any wild, 
        domesticated, or exotic animal or reptile produced and intended 
        for use, or used, as food.
            (3) Meat product.--The term ``meat product'' means any 
        product capable of use as human food that is made in whole or 
        in part from any portion of a livestock carcass.
            (4) Poultry.--The term ``poultry'' means any wild, 
        domesticated, or exotic bird produced and intended for use, or 
        used, as food.
            (5) Poultry product.--The term ``poultry product'' means 
        any product capable of use as human food that is made in whole 
        or in part from any portion of a poultry carcass.
            (6) Raw agricultural commodity.--The term ``raw 
        agricultural commodity'' has the same meaning given the term in 
        section 201(r) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 321(r)).
            (7) Regulated article.--The term ``regulated article'' 
        means any livestock or poultry carcass, seafood, meat product, 
        poultry product, or seafood product.
            (8) Seafood.--The term ``seafood'' means wild or cultured 
        aquatic life, except birds, animals, and reptiles, produced and 
        intended for use, or used, as food.
            (9) Seafood product.--The term ``seafood product'' means 
        any product capable of use as human food and derived in whole 
        or in part from seafood.
    (b) Definitions Related to Regulated Persons.--
            (1) Animal food manufacturer.--The term ``animal food 
        manufacturer'' means any person engaged in the business of 
        processing animal food derived in whole or in part from any 
        portion of a carcass or from seafood.
            (2) Broker.--The term ``broker'' means any person engaged 
        in negotiating the purchase or sale of all or any portion of a 
        carcass, seafood, meat product, poultry product, seafood 
        product, or seafood for other than the person's own account or 
        as an employee of another person.
            (3) Person.--The term ``person'' means any individual, 
        corporation, unincorporated business entity (such as a 
        partnership, association, cooperative, or joint venture), the 
        Federal Government, or a local, State, or foreign government.
            (4) Processing.--The term ``processing'' means heading and 
        gutting, filleting, fermenting, freezing, dehydrating, mincing, 
        drying, canning, salting, curing, smoking, stuffing, rendering, 
        boning, cutting up, grinding, cooking, assembling, labeling or 
        otherwise manufacturing or preparing a carcass, seafood, meat 
        product, poultry product, or seafood product for direct or 
        indirect sale to a consumer.
            (5) Processing facility.--The term ``processing facility'' 
        means a building or other premises, including a vessel, where 
        the processing of carcasses, seafood, meat products, poultry 
        products, or seafood products is conducted.
            (6) Renderer.--The term ``renderer'' means any person 
        engaged in the business of rendering any portion of a carcass 
        or seafood, except those persons inspected or exempted under 
        title I.
            (7) Slaughter.--The term ``slaughter'' means the 
        intentional cessation of the life of an animal covered by this 
        Act for purposes of food production.
            (8) Slaughtering facility.--The term ``slaughtering 
        facility'' means a building or other premises, including a 
        vessel, where slaughtering of livestock, poultry, or seafood is 
        conducted. A slaughtering facility may also be a processing 
        facility.
    (c) Definitions Related to Standards.--
            (1) Adulterated.--The term ``adulterated'' means all or any 
        portion of any carcass, seafood, meat product, poultry product, 
        or seafood product to which one or more of the following 
        circumstances apply:
                    (A) The regulated article bears or contains any 
                poisonous or deleterious substance that renders it 
                injurious to health, except that, if the substance is 
                not an intentionally added substance, the regulated 
                article shall not be considered adulterated under this 
                subparagraph if the quantity of the substance in or on 
                the regulated article is not sufficient to render the 
                regulated article injurious to the health of an 
                ordinary consumer.
                    (B) The regulated article bears or contains (by 
                reason of administration of any substance to live 
                animals regulated under this Act or otherwise) any 
                added poisonous or added deleterious substance (other 
                than a substance which is (i) a pesticide chemical in 
                or on a raw agricultural commodity, (ii) a food 
                additive, or (iii) a color additive) which, in the 
                judgment of the Secretary, makes the regulated article 
                unfit for human food.
                    (C) The regulated article is, in whole or in part, 
                a raw agricultural commodity and such commodity bears 
                or contains a pesticide chemical which is unsafe within 
                the meaning of section 408 of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 346a).
                    (D) The regulated article bears or contains any 
                food additive that is unsafe within the meaning of 
                section 409 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 348).
                    (E) The regulated article bears or contains any 
                color additive that is unsafe within the meaning of 
                section 721 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 379e).
                    (F) The regulated article is not adulterated under 
                subparagraphs (C), (D), or (E), but use of the 
                pesticide chemical, food additive, or color additive in 
                or on the article is prohibited by regulations of the 
                Secretary in facilities at which inspection is 
                maintained under title I.
                    (G) The regulated article consists in whole or in 
                part of any decomposed substance or is for any other 
                reason unwholesome or otherwise unfit for human food.
                    (H) The regulated article has been prepared, 
                packed, or held under unsanitary conditions whereby it 
                may have become contaminated, or whereby it may have 
                been rendered injurious to health.
                    (I) The regulated article is, in whole or in part, 
                the product of livestock or poultry that has died 
                otherwise than by slaughter.
                    (J) The container of the regulated article is 
                composed, in whole or in part, of any poisonous or 
                deleterious substance that may render the contents 
                injurious to health.
                    (K) The regulated article has been rendered 
                radioactive.
                    (L) Any valuable constituent of the regulated 
                article has been, in whole or in part, omitted or 
                abstracted from the article, or any substance has been 
                substituted, in whole or in part, therefor, or damage 
                or inferiority has been concealed in any manner, or any 
                substance has been added thereto or mixed or packed 
                therewith so as to increase its bulk or weight, or 
                reduce its quality or strength, or make it appear 
                better or of greater value than it is.
                    (M) The regulated article is margarine containing 
                livestock, poultry, or seafood fat and any of the raw 
                material used therein consisted in whole or in part of 
                any decomposed substance.
                    (N) The regulated article is a seafood product 
                derived in whole or in part from seafood harvested in--
                            (i) from a growing area or fishing ground 
                        that, for the protection of the public health, 
                        has been closed to such growing or harvesting 
                        under Federal or State law; or
                            (ii) a State or foreign nation that does 
                        not have a program of inspection approved or 
                        certified by the Secretary.
                    (O) A regulated article that is raw or is in a not-
                ready-to-eat condition is not adulterated simply 
                because of the presence of microbiological organisms 
                found in or on the regulated article, except that the 
                Secretary may, through rulemaking under section 523 of 
                title 5, United States Code, identify 
specific microbiological organisms that, when found in sufficient 
quantities in or on a regulated article following normal handling and 
preparation, render the regulated article injurious to the health of an 
ordinary consumer.
            (2) Capable of use as human food.--The term ``capable of 
        use as human food'' means any portion of a carcass or seafood, 
        unless it is--
                    (A) denatured;
                    (B) identified in a manner prescribed by the 
                Secretary so as to deter its use as human food; or
                    (C) naturally inedible by humans.
            (3) Color additive.--The term ``color additive'' has the 
        same meaning given the term in section 201(5) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(t)).
            (4) Food additive.--The term ``food additive'' has the same 
        meaning given the term in section 201(s) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321(s)).
            (5) Generally recognized control procedures and corrective 
        actions.--The term ``generally recognized control procedures 
        and corrective actions'' means those techniques which have been 
        shown to be effective through scientific method or which are 
        acknowledged as good and effective food processing practices by 
        the Panel established under section 144.
            (6) Label.--The term ``label'' means a display of written, 
        printed, or graphic matter upon the immediate container (not 
        including package liners) of any regulated article.
            (7) Labeling.--The term ``labeling'' means all labels and 
        other written, printed, or graphic matter--
                    (A) upon any regulated article or any of its 
                containers or wrappers; or
                    (B) accompanying such article.
            (8) Misbranded.--The term ``misbranded'' means all or any 
        portion of a carcass, seafood, meat product, poultry product, 
        or seafood product to which one or more of the following 
        circumstances apply:
                    (A) The labeling of the regulated product is false 
                or misleading in any particular.
                    (B) The regulated article is offered for sale under 
                the name of another food.
                    (C) The regulated article is an imitation of 
                another food, unless its label bears, in type of 
                uniform size and prominence, the word ``imitation'' and 
                immediately thereafter the name of the food imitated.
                    (D) The container of the regulated article is so 
                made, formed, or filled as to be misleading.
                    (E) The regulated article is in a package or other 
                container that does not bear a label showing--
                            (i) the name and place of business of the 
                        manufacturer, packer, or distributor; and
                            (ii) an accurate statement of the quantity 
                        of the contents in terms of weight, measure, or 
                        numerical count, except that, with respect to 
                        this clause reasonable variations may be 
                        permitted, and exemptions as to small packages 
                        may be established, by regulations prescribed 
                        by the Secretary.
                    (F) Any word, statement, or other information 
                required by or under authority of this Act to appear on 
                the label or other labeling of the regulated article is 
                not prominently placed thereon with such 
                conspicuousness (as compared with other words, 
                statements, designs, or devices in the labeling) and in 
                such terms as to render it likely to be read and 
                understood by the ordinary individual under customary 
                conditions of purchase and use.
                    (G) The regulated article purports to be or is 
                represented as a food for which a definition and 
                standard of identity or composition has been prescribed 
                by regulations of the Secretary under section 121 
                unless--
                            (i) it conforms to such definition and 
                        standard; and
                            (ii) its label bears the name of the food 
                        specified in the definition and standard and, 
                        insofar as may be required by such regulations, 
                        the common names of optional ingredients (other 
                        than spices, flavoring, and coloring) present 
                        in such food.
                    (H) The regulated article purports to be or is 
                represented as a food for which a standard or standards 
                of fill of container have been prescribed by 
                regulations of the Secretary under section 121(c)(2), 
                and it falls below the standard of fill of container 
                applicable thereto, unless its label bears, in such 
                manner and form as such regulations specify, a 
                statement that it falls below such standard.
                    (I)(i) The regulated article is not subject to 
                subparagraph (G) and the label of the article does not 
                bear--
                            (I) the common or usual name of the food, 
                        if any there be; and
                            (II) in case it is fabricated from two or 
                        more ingredients, the common or unusual name of 
                        each such ingredient.
                    (ii) Spices, flavorings, and colorings may, when 
                authorized by the Secretary, be designated as spices, 
                flavorings, and colorings without naming each. To the 
                extent that compliance with subclause (II) of clause 
                (i) is impracticable, or results in deception or unfair 
                competition, exemptions shall be established by 
                regulations promulgated by the Secretary.
                    (J) The regulated article purports to be or is 
                represented for special dietary uses, unless its label 
                bears such information concerning its vitamin, mineral, 
                and other dietary properties as the Secretary, after 
                consultation with the Secretary of Health and Human 
                Services, determines to be, and by regulation 
                prescribes as, necessary in order fully to inform 
purchasers as to its value for such uses.
                    (K) The regulated article contains any artificial 
                flavoring, artificial coloring, or chemical 
                preservative, unless it bears labeling stating that 
                fact, except that, to the extent that compliance with 
                the requirements of this subparagraph is impracticable, 
                exemptions shall be established by regulations 
                promulgated by the Secretary.
                    (L) The regulated article fails to bear, directly 
                thereon or on its container, as the Secretary may by 
                regulations prescribe, the inspection legend and, 
                unrestricted by any of the foregoing, such other 
                information as the Secretary may require in such 
                regulation to assure that it will not have false or 
                misleading labeling and that the public will be 
                informed of the manner of handling required to maintain 
                the article in a wholesome condition.
            (9) Pesticide chemical.--The term ``pesticide chemical'' 
        has the same meaning given the term in section 201(q) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)).
            (10) Significant risk to human health.--The term 
        ``significant risk to human health'' means a hazard of such a 
        nature that its prevention, elimination, or reduction to an 
        acceptable level is essential to the production of a safe 
        product. In determining whether a specific hazard poses a 
        significant risk, consideration is to be given to the frequency 
        and severity with which the hazard occurs, and to whether the 
        hazard can be controlled at a subsequent stage of processing.
    (d) Other Definitions.--
            (1) Commerce.--The term ``commerce'' means commerce between 
        any State or territory of the United States, or the District of 
        Columbia, and any other State or territory of the United 
        States, the District of Columbia, or a foreign nation.
            (2) Official certificate.--The term ``official 
        certificate'' means the certificate of any person performing 
        official functions under this Act, as determined by the 
        Secretary.
            (3) Official device.--The term ``official device'' means 
        any device used to apply any official mark, as determined by 
        the Secretary.
            (4) Official inspection legend.--The term ``official 
        inspection legend'' means any symbol indicating that an article 
        passed any inspection under this Act, as determined by the 
        Secretary.
            (5) Official mark.--The term ``official mark'' means the 
        official inspection legend or other symbol used to identify the 
        status of any article under this Act, as determined by the 
        Secretary.
            (6) Panel.--The term ``Panel'' means the Safe Meat, 
        Poultry, and Seafood Inspection Panel established under section 
        144.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) State.--The term ``State'' means any State of the 
        United States.
            (9) Territory.--The term ``territory'' means Puerto Rico, 
        Guam, the Virgin Islands of the United States, American Samoa, 
        and any other territory or possession of the United States, 
        excluding the Canal Zone.
            (10) United States.--The term ``United States'' means the 
        States and territories of the United States and the District of 
        Columbia.

SEC. 3. CONGRESSIONAL INTENT AND STATEMENT OF FINDINGS.

    (a) Importance of Wholesome, Unadulterated, and Properly Branded 
Products.--Congress finds that meat products, poultry products, and 
seafood products are an essential portion of the nation's total food 
supply. It is important that the Government work together with 
producers, processors, and consumers to assure that meat products, 
poultry products, and seafood products are wholesome and unadulterated 
as well as properly marked, labeled, and packaged, handled, prepared, 
and stored. Unwholesome, adulterated, misbranded, mishandled, 
improperly prepared, or improperly stored meat products, poultry 
products, and seafood products not only injure the public health and 
safety, but also destroy markets for legitimate products and result in 
losses to producers and processors. It is intended that the only 
articles regulated under this Act are those which are either in 
interstate or foreign commerce, or substantially affect such commerce.
    (b) Paramount Interest of Federal Inspection.--Congress finds that 
the paramount purpose of Government oversight of the meat, poultry, and 
seafood industries is to promote the public health and safety, and that 
this purpose takes priority over aesthetic or economic concerns.
    (c) Goal of Risk- and Science-Based System of Inspection.--Congress 
finds that promoting the public health and safety can only be achieved 
with a risk-based program that covers the entire food production system 
from the raising, slaughtering, and processing of livestock, poultry, 
or seafood to retail distribution and that covers the proper handling, 
preparation, and storage of meat products, poultry products, and 
seafood products. Further, any program of Government oversight must be 
science-based and focus on the prevention, not detection, of food 
safety hazards to be effective and viable.
    (d) Identification of Hazards and Control Procedures.--Congress 
finds that a preventive program of meat, poultry and seafood inspection 
requires the identification of hazards that pose a significant risk to 
the public heath and implementation of scientifically recognized 
control procedures to address such hazards.
    (e) Support for State Inspection Programs.--Because of the 
importance of meat, poultry, and seafood products to the Nation's food 
supply, Congress intends that the Federal Government foster and support 
effective State inspection programs under this Act to ensure 
comprehensive meat, poultry, and seafood inspection.

SEC. 4. TRANSFER OF JURISDICTION OVER SEAFOOD INSPECTION.

    (a) Transfer.--Upon the effective date of this Act, Federal 
inspection responsibilities over seafood and seafood products is hereby 
transferred from the Food and Drug Administration to the Food Safety 
and Inspection Service of the Department of Agriculture.
    (b) Conforming Repeal.--Section 706 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 376) is repealed.

 TITLE I--INSPECTION AND LABELING OF LIVESTOCK, POULTRY, SEAFOOD, AND 
                             THEIR PRODUCTS

                  Subtitle A--Inspection Requirements

SEC. 101. ANTE-MORTEM EXAMINATION.

    (a) Examination Required, Purpose.--
            (1) In general.--The Secretary shall provide a written 
        procedure for a risk-based ante-mortem examination of 
        livestock, poultry, and seafood prior to entry into a 
        slaughtering facility. The examination shall be for the purpose 
        of detecting any abnormality in the livestock, poultry, or 
        seafood and to assure compliance with any requirements imposed 
        by section 147. Livestock, poultry, or seafood showing an 
        abnormality shall be set apart and slaughtered only after being 
        examined separately by an official chosen by the Secretary.
            (2) Self-inspection authorized.--Upon the petition of a 
        facility, the Secretary may permit the ante-mortem examination 
        to be conducted by one or more representatives of that 
        facility. In such cases, the Secretary may prescribe the 
        minimum qualifications for such representatives which shall not 
        exceed the minimum qualification of other officials chosen by 
        the Secretary to perform such examinations.
            (3) Written procedure.--Petitions for self-inspection shall 
        contain a written procedure for conducting ante-mortem 
        examinations. The written procedure shall incorporate generally 
        recognized control procedures and corrective actions to enable 
        the facility to monitor those physical, biological, and 
        chemical hazards that pose a significant risk to human health 
        and to control such risks. A facility may limit its written 
        procedure to food safety concerns. Aesthetic and economic 
        concerns need not be part of the required procedure and shall 
        not be subject to the mandatory verification activities 
        provided by this section. All written procedures shall 
        include--
                    (A) a provision empowering officials chosen by the 
                Secretary to verify compliance with the written 
                procedure;
                    (B) a provision specifying how the facility will 
                perform the ante-mortem examination of livestock, 
                poultry, and seafood required by this section;
                    (C) a provision requiring the facility to document 
                both the procedure by which abnormalities are detected 
                and the disposition of livestock, poultry, and seafood 
                with abnormalities; and
                    (D) a provision mandating that any livestock, 
                poultry, and seafood to be used as human food showing 
                an abnormality shall be set apart and examined 
                separately by an official chosen by the Secretary.
    (b) Verification of the Written Procedure.--
            (1) Verification by secretary.--Following the approval of a 
        facility's petition for self-inspection, the Secretary shall 
        choose officials to verify a facility's compliance with its 
        written procedure of ante-mortem examination. The Secretary may 
        require a slaughtering facility to maintain such records as may 
        be necessary to verify the facility's compliance with its 
        written procedure.
            (2) Verification activities.--In verifying the compliance 
        of a slaughtering facility with its written procedure, the 
        officials chosen by the Secretary shall review the following 
        documents maintained by the facility--
                    (A) written procedure of ante-mortem examination;
                    (B) in-house monitoring and control records;
                    (C) records of deviations and dispositions taken;
                    (D) in-house reviews of the ante-mortem examination 
                procedures of the facility; and
                    (E) upon the request of the facility, the quality 
                assurance program, if any, adopted and followed by the 
                facility.
        The officials chosen by the Secretary may also review any other 
        records generated by a facility's written procedure, make 
        visual observations of the facility's ante-mortem inspections, 
        and take samples of carcasses and products to ensure the 
        facility is following its written procedure.
    (c) Remediation of the Written Procedure.--If a verification 
inspection raises questions as to whether product produced under the 
written procedure of ante-mortem examination poses an unacceptable risk 
to human health, the official making the inspection shall notify the 
facility, in writing, of the alleged deficiencies in the written 
procedure and what corrective action is necessary. The facility may 
either amend its written procedure to conform to the recommendations of 
the official making the inspection or appeal the matter. The Secretary 
shall provide an expedited hearing process for such appeals. Until a 
final administrative decision is rendered, the facility may continue to 
operate pursuant to its written procedure, unless the Secretary makes 
an express factual determination that product processed under that 
written procedure would pose a direct and significant risk to public 
health and safety.
    (d) Disposition of Product.--Except as provided in subsection (c), 
any product produced in accordance with the written procedure of ante-
mortem examination may be shipped in commerce. When a facility 
determines that a deviation has occurred, the facility shall retain the 
product and either reprocess the suspect product using generally 
recognized procedures or destroy the product. Any product so destroyed 
shall be deemed to have been condemned by the Secretary.
    (e) Noncompliance With the Written Procedure.--Should an official 
making a verification inspection determine that a facility is not 
following its written procedure, that official may increase 
verification activities until the official determines the facility will 
follow the procedure without such increased verification. The official 
also may retain product if such product would pose a direct and 
significant risk to public health and safety. The decision of any 
official under this subsection may be appealed to the Secretary by the 
facility. The Secretary shall provide an expedited process to hear and 
decide such appeals.

SEC. 102. POST-MORTEM EXAMINATION.

    (a) Examination Required, Purpose.--
            (1) In general.--The Secretary shall provide for a risk-
        based post-mortem examination of livestock and poultry 
        carcasses and seafood at a slaughtering facility. The Secretary 
        is authorized, but is not required, to accomplish such 
        examination through a separate inspection of each article 
        following its slaughter.
            (2) Self-inspection authorized.--Upon the petition of a 
        facility, the Secretary may permit the post-mortem examination 
        to be conducted by one or more representatives of the facility 
        pursuant to a written procedure which is prepared by the 
        facility and based on the nature of the operations conducted by 
        the facility. In such cases, the Secretary may prescribe 
        minimum qualifications for such representatives which shall not 
        exceed the minimum qualifications of other officials chosen by 
        the Secretary to perform such examinations.
            (3) Contents of the written procedure.--Petitions for self-
        inspection shall contain a written procedure for conducting 
        post-mortem examinations. The written procedure shall 
        incorporate generally recognized control procedures and 
        corrective actions to enable the facility to monitor those 
        physical, biological, and chemical hazards that pose a 
        significant risk to human health and to control such risks. A 
        facility may limit its written procedure to food safety 
        concerns. Aesthetic and economic concerns need not be part of 
        the required procedure and shall not be subject to the 
        mandatory verification activities provided by this section. All 
        written procedures shall include--
                    (A) a provision empowering officials chosen by the 
                Secretary to verify compliance with the written 
                procedure;
                    (B) a provision specifying how the facility will 
                perform the post-mortem examination of livestock and 
                poultry carcasses and seafood required by this section;
                    (C) a provision requiring the facility to document 
                both the procedure by which abnormalities are detected 
                and the disposition of livestock and poultry carcasses 
                and seafood with abnormalities; and
                    (D) a provision mandating that any livestock or 
                poultry carcass or seafood to be used as human food 
                showing an abnormality shall be set apart and examined 
                separately by an official chosen by the Secretary.
    (b) Verification of the Written Procedure.--
            (1) Verification by secretary.--Following the approval of a 
        facility's petition for self-inspection, the Secretary shall 
        choose officials to verify a facility's compliance with its 
        written procedure of post-mortem examination. The Secretary may 
        require a slaughtering facility to maintain such records as may 
        be necessary to verify the facility's compliance with its 
        written procedure.
            (2) Verification activities.--In verifying the compliance 
        of a slaughtering facility with its written procedure, the 
        officials chosen by the Secretary shall review the following 
        documents maintained by the facility--
                    (A) written procedure of post-mortem examination;
                    (B) in-house monitoring and control records;
                    (C) records of deviations and dispositions taken;
                    (D) in-house reviews of the post-mortem examination 
                procedures of the facility; and
                    (E) upon the request of the facility, the quality 
                assurance program, if any, adopted and followed by the 
                facility.
        The officials chosen by the Secretary may also review any other 
        records generated by a facility's written procedure, make 
        visual observations of the facility's post-mortem inspections, 
        and take samples of carcasses and products to ensure the 
        facility is following its written procedure.
    (c) Remediation of the Written Procedure.--If a verification 
inspection raises questions as to whether product produced under the 
written procedure of post-mortem examination poses an unacceptable risk 
to human health, the official making the inspection shall notify the 
facility, in writing, of the alleged deficiencies in the written 
procedure and what corrective action is necessary. The facility may 
either amend its written procedure to conform to the recommendations of 
the official making the inspection or appeal the matter. The Secretary 
shall provide an expedited hearing process for such appeals. Until a 
final administrative decision is rendered, the facility may continue to 
operate pursuant to its written procedure, unless the Secretary makes 
an express factual determination that product processed under that 
written procedure would pose a direct and significant risk to public 
health and safety.
    (d) Disposition of Product.--Except as provided in subsection (c), 
any product produced in accordance with the written procedure of post-
mortem examination may be shipped in commerce. When a facility 
determines that a deviation has occurred, the facility shall retain the 
product and either reprocess the suspect product using generally 
recognized procedures or destroy the product. Any product so destroyed 
shall be deemed to have been condemned by the Secretary.
    (e) Noncompliance With the Written Procedure.--Should an official 
making a verification inspection determine that a facility is not 
following its written procedure, that official may increase 
verification activities until the official determines the facility will 
follow the procedure without such increased verification. The official 
also may retain product if such product would pose a direct and 
significant risk to public health and safety. The decision of any 
official under this subsection may be appealed to the Secretary by the 
facility. The Secretary shall provide an expedited process to hear and 
decide such appeals.

SEC. 103. PROCESSING EXAMINATION.

    (a) Examination Required; Purpose.--
            (1) In general.--The Secretary shall provide for a risk-
        based examination of meat products, poultry products, or 
        seafood products at any processing facility according to the 
        requirements of this section--
            (2) Self-inspection authorized.--Upon the petition of a 
        facility, the Secretary may permit the processing examination 
        to be conducted by one or more representatives of the 
        processing facility pursuant to a written procedure which is 
        prepared by the facility and based on the nature of the 
        operations conducted by the facility. In such cases, the 
        Secretary may prescribe minimum qualifications for such 
        representatives which shall not exceed the minimum 
        qualifications of other officials chosen by the Secretary to 
        perform such examinations.
            (3) Written procedure.--Petitions for self-inspection shall 
        contain a written procedure for conducting processing 
        examinations. The written procedure shall incorporate generally 
        recognized control procedures and corrective actions to enable 
        the processing facility to monitor those physical, biological, 
        and chemical hazards that pose a significant risk to human 
        health and to control such risks. A processing facility may 
        limit its written procedure to food safety concerns only. 
        Aesthetic and economic concerns need not be part of the 
        required procedure and shall not be subject to the verification 
        activities provided in this section. All written procedures 
        shall include a provision empowering officials chosen by the 
        Secretary to verify compliance with the written procedure.
    (b) Verification of the Written Procedure.--
            (1) Verification by secretary.--Following the approval of a 
        facility's petition for self-inspection, the Secretary shall 
        choose officials to verify a facility's compliance with its 
        written procedure of processing examination. The Secretary 
        shall coordinate the choice of such officials with other state 
        and Federal agencies to maximize the efficient use of 
        verification resources. The Secretary may require a processing 
        facility to maintain such records as may be necessary to verify 
        the facility's compliance with its written procedure.
            (2) Verification activities.--In verifying the compliance 
        of a processing facility with its written procedure, the 
        officials chosen by the Secretary shall review the following 
        documents maintained by the facility--
                    (A) written procedure of processing examination;
                    (B) in-house monitoring and control records;
                    (C) records of deviations and dispositions taken;
                    (D) in-house reviews of the processing examination 
                procedures of the facility; and
                    (E) upon the request of the facility, if any, 
                adopted and followed by the facility.
The officials chosen by the Secretary may also review any other records 
generated by a facility's written procedure, make visual observations 
of the facility's post-mortem inspections, and take samples of products 
to ensure the facility is following its written procedure.
            (3) Frequency of verification.--Among the factors the 
        Secretary shall consider in determining the frequency of 
        verification activities at a processing facility are--
                    (A) the public health risk presented at the various 
                stages of processing;
                    (B) the reliability of the monitoring and control 
                systems used by the facility; and
                    (C) the compliance history of the facility.
    (c) Remediation of the Written Procedure.--If a verification 
inspection raises questions as to whether product produced under the 
written procedure of processing examination poses an unacceptable risk 
to human health, the official making the inspection shall notify the 
facility, in writing, of the alleged deficiencies in the written 
procedure and what corrective action is necessary. The facility may 
either amend its written procedure to conform to the recommendations of 
the official making the inspection or appeal the matter. The Secretary 
shall provide an expedited hearing process for such appeals. Until a 
final administrative decision is rendered, the facility may continue to 
operate pursuant to its written procedure, unless the Secretary makes 
an express factual determination that product processed under that 
written procedure would pose a direct and significant risk to public 
health and safety.
    (d) Disposition of Product.--Except as provided in subsection (c), 
any product produced in accordance with the written procedure of post-
mortem examination may be shipped in commerce. When a facility 
determines that a deviation has occurred, the facility shall retain the 
product and either reprocess the suspect product using generally 
recognized procedures or destroy the product. Any product so destroyed 
shall be deemed to have been condemned by the Secretary.
    (e) Noncompliance With the Written Procedure.--Should an official 
making a verification inspection determine that a facility is not 
following its written procedure of processing examination, that 
official may increase verification activities until the official 
determines the facility will follow the procedure without such 
increased verification. The official also may retain product if such 
product would pose a direct and significant risk to public health and 
safety. The decision of any official under this subsection may be 
appealed to the Secretary by the facility. The Secretary shall provide 
an expedited process to hear and decide such appeals.

SEC. 104. FACILITY SANITATION.

    (a) Sanitation.--Each slaughtering facility or processing facility, 
and any other facility that is engaged in the business of buying, 
selling, freezing, storing, or transporting livestock and poultry 
carcasses, seafood, meat products, poultry products, or seafood 
products, shall adopt a written procedure providing for the maintenance 
of sanitary conditions at that facility. Among the topics covered by 
the written procedure shall be the proper storage and handling of 
articles and products to assure that they do not become adulterated or 
misbranded.
    (b) Verification of the Written Procedure.--The Secretary shall 
choose officials who, using the procedures set forth in section 104, 
shall periodically verify a facility's compliance with its written 
procedure for sanitation.

SEC. 105. NIGHT EXAMINATIONS AND VERIFICATIONS.

    If a slaughtering facility or a processing facility operates both 
during the day and at night, the Secretary shall require that a portion 
of the examinations at that facility and a portion of any visual 
observations by officials to verify compliance with that facility's 
written procedure for examinations occur at night.

SEC. 106. PROHIBITED ACTS: ADULTERATED PRODUCT.

    Except as provided in section 105, no person shall do any of the 
following with respect to any livestock or poultry carcass, seafood, 
meat product, poultry product, or seafood product capable of use as 
human food:
            (1) Slaughter or process any such article or product except 
        in compliance with the requirements of this title.
            (2) Fail to destroy any article or product that has been 
        condemned within such time as the Secretary may prescribe.
            (3) Sell, offer for sale or transportation, receive for 
        transportation, or transport any such article or product that--
                    (A) was not slaughtered or processed in compliance 
                with the requirements of this title; or
                    (B) is otherwise adulterated
            (4) Commit any act which was intended to cause, or has the 
        effect of causing, any such article or product to become 
        adulterated.

SEC. 107. EXEMPT ACTIVITIES.

    (a) Activities Exempt From Federal Inspection.--The provisions of 
this title requiring examination of the slaughter of livestock, 
poultry, or seafood and the processing of meat products, poultry 
products, and seafood products conducting shall not apply to--
            (1) any person who slaughters or processes livestock, 
        poultry, or seafood raised by that person for the exclusive use 
        of that person or his or her household;
            (2) any person who engages in the custom slaughter of 
        livestock, poultry, or seafood received from the owner thereof 
        for the exclusive use by the owner and his or her household; or
            (3) the custom processing by any person of livestock, 
        poultry, seafood, game animals, or game birds received from the 
        owner thereof exclusively for use by the owner or his or her 
        household.
    (b) Segregation of Exempt Product From Inspected Product.--The 
Secretary shall require that any person who, at the same facility, 
engages in both the activity described in subsection (a) and other 
slaughtering or processing activity for which ante-mortem, post-mortem, 
or processing examinations are required by this title--
            (1) shall keep the livestock and poultry carcasses, 
        seafood, meat products, poultry products, seafood products, 
        containers, and packages of each activity separate and distinct 
        from the livestock and poultry carcasses, seafood, meat 
        products, poultry products, seafood products, containers and 
        packages of the other activity at all times; and
            (2) shall plainly mark all articles, containers, or 
        packages containing products slaughtered or processed under the 
        conditions described in subsection (a) as ``Not For Sale.''
    (c) Suspension of Exemption.--The Secretary may suspend the 
exemption provided under subsection (a) for any person who fails to 
comply with section 106 or subsection (b) of this section.

SEC. 108. MICROBIOLOGICAL TESTING.

    The Secretary may adopt such microbiological testing as has been 
demonstrated to be necessary in assisting officials in verifying the 
effectiveness of the written procedures established by a slaughtering 
facility or a processing facility to control foodborne hazards under 
sections 102 and 103. In determining the appropriate role and use of 
such testing, the Secretary shall collaborate with the Panel 
established in section 144 and utilize the most current scientific and 
technological evidence available.

                   Subtitle B--Labeling Requirements

SEC. 121. INSPECTION LABELING.

    (a) Receptacle Labels.--Any meat product, poultry product, or 
seafood product which has been examined under chapter 1, prepared for 
commerce, and placed or packed in any can, pot, tin, canvas, or other 
receptacle or covering, shall have a label attached to said can, pot, 
tin, canvas, or other receptacle or covering, by the slaughtering 
facility or processing facility stating that its contents have been 
``inspected and passed'' pursuant to the provisions of this Act.
    (b) Carcass and Product Labeling.--Any livestock or poultry 
carcass, portion of a livestock or poultry carcass, seafood, meat 
product, poultry product, or seafood product which has beenexamined 
under chapter 1 and found to be unadulterated, shall have a label 
attached directly on the article or product or its container, as the 
Secretary may designate, which contains the information required to 
avoid misbranding.
    (c) Label Specifications and Product Standards.--Whenever the 
Secretary determines that action is necessary to protect the public 
from false or misleading information which poses a direct and 
significant threat to public health or safety, the Secretary may--
            (1) prescribe the styles and sizes of type to be used when 
        labeling any articles or products subject to this Act; and
            (2) provide definitions, standards of identity or 
        composition and standards of fill of container for articles and 
        products subject to this Act which are consistent with any such 
        standards established under the Federal Food, Drug, and 
        Cosmetic Act. The Secretary shall collaborate with the 
        Secretary of Health and Human Services and the Panel 
        established under section 144 prior to the issuance of such 
        findings to avoid any inconsistency with other state or Federal 
        standards and to coordinate the administration of those 
        standards.
    (d) False and Misleading Markings, Labels and Containers.--The 
Secretary shall prohibit articles or products subject to this Act from 
being sold, marketed or transported with markings, labels, or 
containers which convey false or misleading information that poses a 
direct and significant threat to public health or safety. If the 
Secretary determines that such a threat exists from any marking, 
labeling, or container, the Secretary shall direct that the marking, 
label, or contain be withheld unless modified. The person or facility 
may either alter the marking, label, or container to conform to the 
specifications of the Secretary or appeal the matter. Until a final 
administrative decision is rendered, the person or facility may not 
continue to utilize the marking, label, or container.

SEC. 122. DERIVATION LABELING; SEPARATE PREPARATION AND SLAUGHTERING 
              ACTIVITIES.

    (a) Derivation Labeling.--No person shall sell, market, or 
transport any livestock or poultry carcass, any portion of a livestock 
or poultry carcass, seafood, meat product, poultry product, or seafood 
product unless it is conspicuously marked, labeled, or otherwise 
identified to show the species of livestock, poultry, or seafood from 
which it was derived.
    (b) Separate Processing and Slaughtering Facilities.--The Secretary 
may require that livestock or poultry carcasses, seafood, meat 
products, poultry products, or seafood products from a particular 
species be processed in facilities separate from the facilities in 
which livestock or poultry carcasses, seafood, meat products, poultry 
products, or seafood products of other species are slaughtered or 
processed.

SEC. 123. PROHIBITED ACTS: MISBRANDING.

    Except as specifically authorized by the Secretary, no person shall 
do any of the following acts with respect to any livestock or poultry 
carcass, seafood, meat product, or seafood product--
            (1) forge any official marking, label, or certificate;
            (2) simulate, alter, detach, deface, or destroy any 
        official marking, label, or certificate;
            (3) fail to use any official marking, label, or certificate 
        required by the Secretary;
            (4) knowingly possess any counterfeit, simulated, forged, 
        or altered official certificate;
            (5) knowingly make any false statement in any certificate 
        or other official or unofficial document required by the 
        Secretary;
            (6) knowingly possess any article or product bearing any 
        counterfeit, simulated, forged, or altered official marking; or
            (7) knowingly misrepresent that any article or product 
        either has passed inspection or is exempt from examination 
        under this Act.

                   Subtitle C--International Commerce

SEC. 131. IMPORTED LIVESTOCK AND POULTRY CARCASSES, SEAFOOD, MEAT 
              PRODUCTS, POULTRY PRODUCTS, AND SEAFOOD PRODUCTS.

    (a) Imports To Meet Domestic Standards.--
            (1) Inspection and verification requirements.--
        Notwithstanding any other provision of law and except as 
        provided in paragraphs (3) and (4), all livestock and poultry 
        carcasses, seafood, meat products, poultry products, and 
        seafood products capable of use as human food offered for 
        importation into the United States shall be subject to the 
        requirements of this Act and the provisions of the Federal 
        Food, Drug and Cosmetic Act, and shall further--
                    (A) be subject to inspection, sanitary, quality, 
                species verification and residue standards that are 
                equivalent to those applied to products produced in the 
                United States; and
                    (B) have been slaughtered and processed in 
                facilities and under conditions that are equivalent to 
                those under which similar products are processed in the 
                United States, including the requirements for humane 
                methods of handling and slaughter included in Public 
                Law 85-765 (7 U.S.C. 1901-1906).
            (2) Failure to meet domestic standards.--Any imported 
        livestock and poultry carcasses, seafood, meat products, 
        poultry products, or seafood products that do not meet the 
        domestic standards specified in paragraph (1) shall not be 
        permitted entry into the United States. The Secretary shall 
        enforce this provision through--
                    (A) the imposition of risk-based sampling, testing, 
                and inspection both at the point of slaughter or 
                processing in an exporting country and at the point of 
                entry into the United States; and
                    (B) the certification by the Secretary of an 
                exporting country's inspection, sanitary, 
quality, species verification, and residue standards. The Secretary 
shall periodically review such certifications. A foreign country whose 
standards have not been certified by the Secretary as equivalent to 
domestic standards shall not be eligible to export livestock and 
poultry carcasses, seafood, meat products, poultry products, and 
seafood products into the United States.
            (3) Canada and mexico.--At any time during which the North 
        American Free Trade Agreement is in effect, Canada and Mexico 
        may demonstrate compliance with the requirements of paragraph 
        (1) of this subsection by providing the Secretary with 
        scientific or other evidence, in accordance with risk 
        assessment methodologies adopted by the Secretary and the 
        exporting country, that the exporting country achieves a level 
        of consumer protection the Secretary deems appropriate based on 
        sound scientific principles and reliable analytical methods.
            (4) Exemption for personal use.--Livestock or poultry 
        carcasses, seafood, meat products, poultry products, or seafood 
        products slaughtered or processed in a foreign country shall be 
        exempt from the provisions of this section when purchased by an 
        individual exclusively for his or her household and if the 
        total weight all of the imported articles or products do not 
        exceed fifty pounds.
    (b) Usage of Drugs Banned in the United States.--The Secretary may 
limit the circumstances and specify the terms and conditions upon which 
live livestock, poultry, or seafood to which a drug banned for use in 
the United States has been administered, or articles and products from 
such livestock, poultry, and seafood, may be imported into the United 
States.
    (c) Requirement That Foreign Inspection Standards Be Based on Sound 
Scientific Principles and Reliable Analytical Methods.--
            (1) The Secretary shall determine whether any foreign 
        country applies inspection, sanitary, quality, species 
        verification, residue or other standards to imports of 
        livestock or poultry carcasses, seafood, meat products, poultry 
        products, or seafood products which are either unrelated to 
        public health or safety or cannot be justified by sound 
        scientific principles and reliable analytical methods.
            (2) Following a determination by the Secretary that a 
        foreign country is employing standards to United States imports 
        as specified in paragraph (1) of this subsection and 
        consultation with the United States Trade Representative, the 
        President may revoke any certification provided under 
        subsection (a) to that foreign country unless that country's 
        inspection, sanitary, quality, species verification, or other 
        standards applicable to livestock and poultry carcasses, 
        seafood, meat products, poultry products, and seafood products 
        are identical to those required in the United States.
            (3) The action authorized under paragraph (2) may be 
        utilized under the circumstances noted in that paragraph 
        instead of, or in addition to, any other action taken under any 
        other law.
    (d) Destruction of Imported Articles Condemned by the Secretary.--
The Secretary may specify the terms and conditions for the destruction 
of articles and products that are imported contrary to this section. 
However, imported articles and products which are not in compliance 
with this section solely because of misbranding may be brought into 
compliance under the supervision of authorized representatives of the 
Secretary and subsequently released.
    (e) Report to Congress.--Not later than March 1 of each year the 
Secretary shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a comprehensive written report regarding the 
administration of this section during the immediately preceding 
calendar year. Such report shall include the following:
            (1) A certification by the Secretary that foreign persons 
        exporting livestock and poultry carcasses, seafood, meat 
        products, poultry products, and seafood products to the United 
        States employ inspection, sanitary, quality, species 
        verification, and residue standards that are equivalent to 
        those applied to products produced in the United States, and 
        have been slaughtered and processed under conditions and in 
        facilities that are equivalent to those under which similar 
        articles and products are slaughtered and processed in the 
        United States. The Secretary may treat the standards of Canada 
        or Mexico as equivalent if that country provides the Secretary 
        with scientific or other evidence, in accordance with risk 
        assessment methodologies accepted by the Secretary and the 
        exporting country, that the country achieves the level of 
        consumer protection that the Secretary considers appropriate 
        based upon sound scientific principles and reliable analytical 
        methods.
            (2) The names and locations of facilities that exported 
        livestock and poultry carcasses, seafood, meat products, 
        poultry products, or seafood products to the United States.
            (3) The number of officials utilized by the United States 
        Department of Agriculture during that calendar year to inspect 
        the facilities, articles and products specified in paragraph 
        (2) and the frequency with which each such facility was 
        inspected by those officials.
            (4) The number of officials utilized by each country during 
        that year to inspect the facilities, articles, and products 
        specified in paragraph (2) and the frequency and effectiveness 
        of such inspection.
            (5) The total volume of livestock and poultry carcasses, 
        seafood, meat products, poultry products, or seafood products 
        imported into the United States during that calendar year from 
        each country, including the volume of each major category of 
        such imports from each country and a detailed accounting by 
        facility, country, and product of facilities or products that 
        failed to meet the standards prescribed by this Act.
            (6) The name of each country that employs standards 
        specified in subsection (c)(1).

SEC. 132. EXPORTS AND CERTIFICATES OF CONDITION.

    (a) Export Examination of Livestock, Poultry, and Seafood.--The 
Secretary shall require the examination of all live livestock, poultry, 
and seafood offered for export to foreign countries to ascertain 
whether such animals are free from disease.
    (b) Export Review of Livestock and Poultry Carcasses, Seafood, Meat 
Products, Poultry Products, and Seafood Products.--The Secretary shall 
require the review of all livestock and poultry carcasses, seafood, 
meat products, poultry products, and seafood products offered for 
export to any foreign country to assure compliance with the 
examinations specified in sections 101, 102, and 103.
    (c) Certificates of Condition.--The Secretary shall choose 
officials to perform the examinations and reviews required by this 
section and to issue official certificates stating the condition in 
which such live livestock, poultry, and seafood, and such livestock and 
poultry carcasses, seafood, meat products, poultry products, and 
seafood products are found. Three copies of each certificate shall be 
made and distributed as follows:
            (1) one copy shall be filed with the United States 
        Department of Agriculture;
            (2) one copy shall be delivered to the person exporting the 
        articles or products; and
            (3) one copy shall be delivered to the person in charge of 
        the means of transportation through which the articles or 
        products are exported.
    (d) Denial of Export.--The following items shall not be exported to 
a foreign country unless the Secretary has waived the requirement for 
certificates of condition for that foreign country--
            (1) live livestock, poultry or seafood without a 
        certificate of condition stating that the same are sound and 
        healthy; and
            (2) livestock and poultry carcasses, seafood, meat 
        products, poultry products, and seafood products without a 
        certificate of condition stating that the examination of the 
        same complied with sections 101, 102, and 103.

                       Subtitle D--Miscellaneous

SEC. 141. TRANSITIONAL PERIOD.

    (a) Deadline To Develop and Implement Written Procedures; 
Assistance During Transition Period.--Each person subject to this Act 
shall implement any written procedure required by sections 101, 102, 
103, and 104 that is applicable to its facility within three years of 
the effective date of this Act. The Secretary shall direct the 
Cooperative State Research, Education, and Extension Service to develop 
an extension program to assist persons and facilities which are small 
businesses to develop and implement the written procedures required 
under sections 101, 102, 103, and 104.
    (b) Application of Current Law.--During the period specified in 
subsection (a), the provisions of 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.), as in effect on the day before the effective date of this 
Act, shall be applicable to any person subject to this Act until such 
time as the person has implemented all of the written procedures 
required by sections 101, 102, 103, and 104 that are applicable to the 
facilities of the person.
    (c) Prohibition of Slaughtering and Processing Activity.--The 
Secretary may prohibit any person who fails, within the period 
specified in subsection (a), to implement any written procedure 
required by sections 101, 102, 103, and 104 that is applicable to the 
facilities of the person from engaging in the slaughtering or 
processing of livestock and poultry carcasses, seafood, meat products, 
poultry products, or seafood products until such time as the person has 
developed and implemented the required written procedures.

SEC. 142. RULEMAKING.

    The Secretary shall promulgate such rules and regulations as may be 
necessary for the efficient execution of this title using the procedure 
set forth in section 523 of title 5, United States Code.

SEC. 143. APPEALS.

    (a) Finality of Secretary's Determination.--Any determination by 
the Secretary under this Act shall be final and conclusive unless, 
within thirty days of written notice, the person to which the 
determination is applicable appeals that determination to the court of 
appeals for the circuit in which that person has its principal place of 
business by filing with the clerk of such court a petition asking that 
the Secretary's determination be set aside or modified as specified in 
the petition. The court may require the petitioner to file a bond 
sufficient to pay the cost of the court proceedings.
    (b) Finality of Appellate Review.--The court of appeals shall have 
exclusive jurisdiction to review and affirm, set aside, or modify the 
determination of the Secretary. The court's decision shall be final 
except that it shall be subject to review by the Supreme Court of the 
United States upon certiorari, as provided in section 1254 of title 28, 
United States Code, if application is made for such writ within sixty 
days of the entry of the decree.

SEC. 144. SAFE MEAT, POULTRY, AND SEAFOOD INSPECTION ADVISORY PANEL.

    (a) Establishment.--There is established in the Department of 
Agriculture a permanent advisory panel to be known as the ``Safe Meat, 
Poultry, and Seafood Inspection Advisory Panel''.
    (b) Duties.--
            (1) Review and evaluation.--The Panel shall review and 
        evaluate, as the Panel considers necessary, the adequacy, 
        necessity, safety, cost-effectiveness, and scientific merit 
        of--
                    (A) inspection procedures of, and work rules and 
                worker relations involving Federal employees employed 
                in, plants inspected under this Act;
                    (B) informal petitions or proposals for changes in 
                inspection procedures, processes, and techniques of 
                plants inspected under this Act;
                    (C) formal changes in inspection regulations 
                promulgated under this Act, whether in notice, 
                proposed, or final form; and
                    (D) such other matters as may be referred to the 
                Panel by the Secretary regarding the quality or 
                effectiveness of a safe and cost-effective meat, 
                poultry, and seafood inspection system under this Act.
            (2) Reports.--
                    (A) In general.--The Panel shall submit to the 
                Secretary a report on the results of each review and 
                evaluation carried out under paragraph (1), including 
                such recommendations as the Panel considers 
                appropriate.
                    (B) Reports on formal changes.--In the case of a 
                report concerning a formal change in inspection 
                regulations, the report shall be made within the time 
                limits prescribed for formal comments on such changes.
                    (C) Publication in federal register.--Each report 
                of the Panel to the Secretary shall be published in the 
                Federal Register.
    (c) Secretarial Response.--Not later than 90 days after the 
publication of a Panel report under subsection (b)(2)(C), the Secretary 
shall publish in the Federal Register any response required of the 
Secretary to the report.
    (d) Composition of Panel.--The Panel shall be composed of 7 
members, not fewer than 5 of whom shall be from the food science, meat 
science, poultry science, or seafood science profession, appointed to 
staggered terms not to exceed 3 years by the Secretary from nominations 
received from the National Institutes of Health and the Federation of 
American Societies of Food Animal Science and based on the professional 
qualifications of the nominees.
    (e) Nominations.--
            (1) Initial panel.--The members of the Safe Meat and 
        Poultry Inspection Panel established under section 410 of the 
        Federal Meat Inspection Act, as in effect on the day before the 
        effective date of this Act, shall constitute the initial Panel.
            (2) Vacancies.--Any subsequent vacancy on the Panel shall 
        be filled by the Secretary after soliciting 2 nominees from the 
        National Institutes of Health and 2 nominees from the 
        Federation of American Societies of Food Animal Science.
            (3) Requirements for nominees.--
                    (A) In general.--Each nominee provided under 
                paragraph (2) shall have a background in public health 
                issues and a scientific expertise in food, meat, or 
                poultry science or in veterinary science.
                    (B) Submission of information.--The Secretary may 
                require nominees to submit such information as the 
                Secretary considers necessary prior to completing the 
                selection process.
            (4) Additional nominees.--If any list of nominees provided 
        under paragraph (2) is unsatisfactory to the Secretary, the 
        Secretary may request the nominating entities to submit an 
        additional list of nominees.
    (f) Travel Expenses.--While away from the home or regular place of 
business of a member of the Panel in the performance of services for 
the Panel, the member shall be allowed travel expenses, including per 
diem in lieu of subsistence, at the same rate as a person employed 
intermittently in the Government service would be allowed under section 
5703 of title 5, United States Code.
    (g) Conflicts of Interest.--The Secretary shall promulgate 
regulations regarding conflicts of interest with respect to the members 
of the Panel.
    (h) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 
et seq.) shall not apply to the Panel.
    (i) Funding.--From funds available to the Secretary to carry out 
this Act, the Secretary shall ensure that sufficient sums are made 
available to the Panel to carry out its duties under this section. 
Funds made available to the Panel shall not be subject to funding 
limitations included in annual appropriations Acts enacted after the 
date of the enactment of this Act.

SEC. 145. BRIBERY OF OFFICERS, EMPLOYEES, OR OFFICIALS.

    (a) Offering Bribes to Officers, Employees, or Officials.--Any 
person who directly or indirectly gives, pays, or offers to give or pay 
to any officer or employee of the United States or other official 
chosen by the Secretary to perform any of the duties prescribed by this 
Act or the regulations made pursuant to this Act, anything of value, 
with intent to influence said officer, employee or official in the 
discharge of any duty prescribed by this Act or the regulations made 
pursuant to this Act, shall be guilty of the felony of bribery and, 
upon conviction, shall be punished by a fine of not less than five 
thousand dollars nor more than ten thousand dollars or by imprisonment 
of not less than one year nor more than three years, or both.
    (b) Officers, Employees, or Officials Accepting Bribes.--Any 
officer or employee of the United States or other official chosen by 
the Secretary to perform any of the duties prescribed by this Act or 
the regulations made pursuant to this Act, who accepts anything of 
value from any person with the intent that such payment or gift would 
influence the performance or forbearance of any duty prescribed by this 
Act or the regulations made pursuant to this Act, shall be guilty of 
the felony of accepting bribes and, upon conviction, shall be summarily 
discharged from his or her duties under this Act and shall be punished 
further with a fine of not less than five thousand dollars nor more 
than ten thousand dollars or by imprisonment of not less than one year 
nor more than three years, or both.

SEC. 146. CONDITIONS FOR ENTRY.

    The Secretary may limit the entry of live livestock, poultry, or 
seafood, or livestock and poultry carcasses, seafood, meat products, 
poultry products, or seafood products, or any other materials, into any 
facility subject to sections 102 or 103, or both, of this title to 
ensure that the entry of such articles or products is consistent with 
the purposes of this Act.

SEC. 147. PRE-SLAUGHTER IDENTIFICATION AND CONTROL.

    (a) Identification of the Source of Livestock, Poultry, and 
Seafood.--The Secretary may require persons involved in the production 
or marketing livestock, poultry, or seafood to provide such information 
as would enable the slaughterer to determine the source of such 
livestock, poultry, or seafood and, further, may require slaughterers 
to notify the person marketing or raising the livestock, poultry, or 
seafood of any disease or abnormality identified by the Secretary.
    (b) Coordination of Voluntary Risk-based Producer Programs.--The 
Secretary shall encourage the establishment of voluntary producer 
programs to identify significant risks to public health or safety, if 
any, posed by livestock, poultry, or seafood production practices and 
to address such risks using generally recognized scientific control 
procedures and corrective actions. In encouraging voluntary programs, 
the Secretary shall collaborate with the panel established under 
section 144 and shall, further,consult with appropriate Federal, State 
and local agencies as well as with academic and research institutions 
in order to coordinate their efforts with the voluntary efforts of 
private sector companies, organizations, and associations.

SEC. 148. MONITORING OF GROWING AREAS AND FISHING GROUNDS.

    (a) Monitoring System.--The Secretary of Agriculture, in 
consultation with appropriate Federal and state agencies, shall 
identify, classify, and monitor shellfish growing areas, seafood 
growing areas, and fishing grounds from which significant quantities of 
seafood are harvested within waters under Federal jurisdiction seaward 
of the inner boundary of the exclusive economic zone. Within such 
areas, the Secretary shall collect samples and other scientific 
information concerning potential hazards with a significant probability 
of rendering one or more species of seafood and seafood products 
processed from such areas and grounds adulterated.
    (b) Closure of Waters Under Federal Jurisdiction.--
            (1) Closure upon determination of adulteration.--If the 
        Secretary determines, based on sampling or other scientific 
        information, that one or more species of seafood or seafood 
        products processed from seafood harvested from a specific area 
        or ground is adulterated, the Secretary may prohibit or 
        otherwise impose conditions on the harvesting of that seafood 
        in a specific area of waters under Federal jurisdiction seaward 
        of the inner boundary of the exclusive economic zone in order 
        to assure public health and safety.
            (2) Immediate effect of closure.--Any conditions or closure 
        imposed by the Secretary and published in the Federal Register 
        under authority provided by section 523 of title 5, United 
        States Code, shall have immediate effect.
            (3) Review and duration of closure.--The Secretary shall 
        review any conditions or closure imposed on a specific area of 
        waters at least once every six months to determine whether 
        seafood from those waters continues to be adulterated. The 
        conditions or closure shall remain in effect until the 
        Secretary determines that the source of adulteration no longer 
        exists.
    (c) Closure of State Waters.--
            (1) Guidelines for closure of state waters.--The Secretary, 
        in consultation with appropriate Federal and State agencies, 
        shall develop guidelines to assist states in establishing 
        procedures for closing waters under State jurisdiction.
            (2) State closure of state waters.--If the Secretary 
        determines that one or more species of seafood or seafood 
        products processed from seafood harvested in an area of State 
        waters is adulterated, the Secretary shall immediately request 
        the Governor of such State to close or otherwise restrict such 
        area with respect to the harvesting of that species of seafood 
        until the circumstances that led to the request no longer 
        exist. The Secretary shall also notify the Secretary of 
        Commerce and, if the species of seafood is a species of 
        shellfish or other bivalve mollusk, the Chairman of the 
        Interstate Shellfish Sanitation Conference of his or her 
        request of the Governor.
            (3) Federal closure of state waters.--
                    (A) If a State has not closed the affected State 
                waters within 15 days of the Secretary's request, and 
                the Secretary determines that a significant risk of 
                adulteration continues, the Secretary shall request the 
                Secretary of Commerce to close the affected area of 
                State waters to the harvesting of the species 
                identified, which area shall remained closed until the 
                Secretary determines that the risk of adulteration no 
                longer exists.
                    (B) The Secretary may not determine that a 
                significant risk of adulteration exists with respect to 
                a species of shellfish or other bivalve mollusk until 
                the Secretary has consulted with the Chairman of the 
                Interstate Shellfish Sanitation Conference.
    (d) Exclusive Economic Zone.--The term ``exclusive economic zone'' 
has the same meaning as that provided by section 3(6) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801(6)).

SEC. 149. TRADE SECRET PROTECTION.

    No person shall reveal any information acquired under the authority 
of sections 101, 102, 103, 104, or 121 concerning any method or process 
that is a bona fide trade secret or confidential commercial 
information, except to the Secretary, another officer or employee of 
the United States, an official chosen by the Secretary, or to a judge 
when relevant to any administrative or judicial proceeding brought 
under this Act.

                      TITLE II--RELATED INDUSTRIES

SEC. 201. PROHIBITION OF TITLE I INSPECTION OF ARTICLES NOT INTENDED 
              FOR USE AS HUMAN FOOD; DENATURATION OR OTHER 
              IDENTIFICATION PRIOR TO DISTRIBUTION IN COMMERCE; 
              INEDIBLE ARTICLES.

    Inspection shall not be provided under title I at any facility for 
the slaughter of livestock, poultry, or seafood, or the preparation of 
any livestock or poultry carcasses, seafood, meat products, poultry 
products, or seafood products, that are not intended for use as human 
food, but such articles shall, prior to their offer for sale or 
transportation in commerce, unless naturally inedible by humans, must 
be denatured or identified in a manner that will deter their use for 
human food. No person shall buy, sell, market, store, transport, or 
import, any livestock or poultry carcasses, seafood, meat products, 
poultry products, or seafood products, that are not intended for use as 
human food unless they are denatured or otherwise identified as 
inedible by humans.

SEC. 202. RECORD KEEPING REQUIREMENTS.

    (a) Persons Required To Keep Records; Access and Examination of 
Records.--The following persons shall keep such records as will fully 
and correctly disclose all transactions involved in their businesses 
and shall, at all reasonable times and upon notice by the Secretary, 
afford any duly appointed representative of the Secretary access to 
their places of business, an opportunity to examine the facilities, 
inventory, and records, and to remove reasonable samples of inventory 
upon payment of its fair market value:
            (1) Any person that engages in the business of slaughtering 
        any livestock or poultry, or preparing, freezing, packaging, 
        labeling, or storing any livestock or poultry carcasses, 
        seafood, meat products, poultry products, or seafood products 
        for use as human food or animal food. However, this section 
        shall not supersede or otherwise impact on the records or 
        documents prepared by virtue of the written procedures 
        established under sections 101, 102, 103, and 104.
            (2) Any person, such as a broker or wholesaler, that 
        engages in the business of buying, selling, transporting, or 
        importing any livestock or poultry carcass, seafood, meat 
        product, poultry product, or seafood product.
            (3) Any person, such as a renderer, that engages in the 
        business of buying, selling, transporting, or importing any 
        dead, dying, disabled, or diseased livestock or poultry, or the 
        carcasses or portions of carcasses of livestock or poultry that 
        died otherwise than by slaughter.
    (b) Time Period.--Any record required by this section shall be 
maintained for such period of time as the Secretary may prescribe by 
regulation.

SEC. 203. REGISTRATION OF PERSON, PLACE OF BUSINESS, AND TRADE NAME.

    No person, such as a broker, renderer, animal food manufacturer, 
wholesaler, or public warehouseman shall engage in the business of 
buying, selling, marketing, storing, transporting, or importing any 
livestock or poultry carcasses, seafood, meat products, poultry 
products, or seafood products, or the business of buying, selling, 
marketing, storing, transporting, or importing any dead, dying, 
disabled, or diseased livestock, poultry, or seafood or the carcasses 
or parts of the carcasses of any such livestock, poultry, or seafood 
that died otherwise than by slaughter, unless that person has 
registered with the Secretary the name and address of each place of 
business at which, and all of the trade names under which, it conducts 
its business.

SEC. 204. REGULATION OF TRANSACTIONS, TRANSPORTATION, OR IMPORTATION OF 
              CERTAIN LIVESTOCK, POULTRY, OR SEAFOOD TO ITS USE AS 
              HUMAN FOOD.

    No person shall engage in the business of buying, selling, 
marketing, storing, transporting, or importing dead, dying, disabled, 
or diseased livestock, poultry, or seafood or the carcasses or parts of 
the carcasses of any such livestock, poultry, or seafood that died 
otherwise than by slaughter, shall buy, sell, transport, unless such 
transaction is made in accordance with such regulations as the 
Secretary may prescribe to assure that such livestock, poultry, or 
seafood, or the unwholesome parts of products thereof, will be 
prevented from being used for human food purposes.

SEC. 205. APPLICABILITY TO STATE AND TERRITORIAL BUSINESSES NOT ENGAGED 
              IN INTERSTATE COMMERCE.

    The Secretary may exercise the authority contained in this title 
with respect to any person in any State or Territory engaged in any 
business described in section 202, but not engaged in interstate 
commerce, whenever the Secretary determines, after consultation with an 
appropriate advisory committee described in section 301, that the State 
or Territory regulating that person either does not have authority 
under its laws or is not exercising the authority it has under its laws 
to regulate that person in a manner which effectuates the purposes of 
this Act. The authority under such a State or Territorial law must at 
least be equal to that provided under this title.

                TITLE III--FEDERAL AND STATE COOPERATION

SEC. 301. FEDERAL AND STATE COOPERATION.

    (a) Congressional Policy.--It is the policy of the Congress to 
protect the consuming public from livestock and poultry carcasses, 
seafood, meat products, poultry products, and seafood products that are 
adulterated or misbranded and to assist in any efforts by State and 
other government agencies to accomplish this objective. In furtherance 
of this policy:
            (1) The Secretary is authorized, whenever he or she 
        determines that it would effectuate the purposes of this Act, 
        to cooperate with the appropriate State agency in developing 
        and administering a State meat, poultry, or seafood inspection 
        program in any State that has enacted a State meat, poultry or 
        seafood inspection law that imposes mandatory ante-mortem 
        examination, post-mortem examination, and sanitation 
        requirements that are at least equal to those under title I of 
        this Act, with respect to persons engaged in the State in 
        slaughtering of livestock, poultry, or seafood, or preparing 
        the carcasses, parts thereof, meat products, poultry products, 
        or seafood products of any such livestock, poultry, or seafood 
        for use as human food.
            (2) The Secretary is further authorized, whenever the 
        Secretary determines that it would effectuate the purposes of 
        this Act--
                    (A) to cooperate with appropriate State agencies in 
                developing and administering State programs under State 
                laws containing authorities at least equal to those 
                provided in title II; and
                    (B) to cooperate with other agencies of the United 
                States in carrying out any provisions of this Act.
            (3) Cooperation with State agencies under this section 
        shall include furnishing to the appropriate State agency--
                    (A) advisory assistance in planning and otherwise 
                developing an adequate State program under the State 
                law and provide for a fully operational Federal-State 
                relations office staffed in proportion to the size of 
                Federal State program; and
                    (B) technical and laboratory assistance and 
                training, the total cost to be borne by the United 
                States (including necessary curricular and 
                instructional materials and equipment), and financial 
                and other aid for administration of such a program, and 
                consulting with State officials regarding the 
                development and implementation of regulatory 
                requirements. The amount to be contributed to any State 
                by the Secretary under this section, except as provided 
                in subparagraph (B), from Federal funds for any year 
                shall not exceed 50 percent of the estimated total cost 
                of the cooperative program; and the Federal funds shall 
                be allocated among the States desiring to cooperate on 
                an equitable basis. Such cooperation and payment shall 
                be contingent at all times upon the administration of 
                the State program in a manner which the Secretary, in 
                consultation with the appropriate advisory committee 
                appointed under paragraph (4), deems adequate to 
                effectuate the purposes of this section. The Secretary 
                shall inform the States of program changes within a 
                reasonable period of time.
            (4) The Secretary shall appoint advisory committees 
        consisting of such representatives of appropriate State 
        agencies as the Secretary and the State agencies may designate 
        to consult with him concerning State and Federal programs with 
        respect to meat and poultry inspection and other matters within 
        the scope of this Act, including evaluating State programs for 
        purposes of this Act and obtaining better coordination and more 
        uniformity among the State programs and between the Federal and 
        State programs and adequate protection of consumers.
            (5) In addition to appointing officials as provided in this 
        Act the Secretary may enter into agreements to utilize officers 
        and employees of a State or the District of Columbia to conduct 
        examinations and investigations authorized under this Act, as 
        the Secretary determines practicable.
    (b) State Agency.--The appropriate State agency with which the 
Secretary may cooperate under this Act shall be a single agency in the 
State that is primarily responsible for the coordination of the State 
programs having objectives similar to those under this Act. When the 
State programs include performance of certain functions by a 
municipality or other subordinate governmental unit, such unit shall be 
deemed to be a part of the State agency for purposes of this section.
    (c) Designation of a State Without Inspection Requirements At Least 
Equal to Federal Inspection Requirements.--
            (1) If, at the end of two years following the enactment of 
        this Act, the Secretary has reason to believe that a State has 
        failed to develop or is not enforcing meat, poultry, and 
        seafood inspection requirements at least equal to those imposed 
        under titles I and IV, with respect to all facilities within 
        its jurisdiction that are slaughtering or processing livestock, 
        poultry, or seafood, their carcasses, or parts or products 
        thereof, for use as human food, the Secretary shall promptly 
        notify the Governor of the State of this fact.
                    (A) If the Secretary determines after consultation 
                with the Governor of the State, or representative 
                selected by him or her, that such requirements have not 
                been developed and activated, the Secretary shall 
                promptly, after the expiration of such two year period, 
                designate such State as one in which the provisions of 
                titles I and IV shall apply to operations and 
                transactions wholly within such State.
                    (B) If the Secretary has reason to believe that the 
                State will activate such requirements within one 
                additional year, he or she may delay such designation 
                for said period, and not designate the State, if the 
                Secretary believes that, by the end of that year, the 
                State will have such requirements in effective 
                operation.
                    (C) The Secretary shall publish any such 
                designation in the Federal Register and, upon the 
                expiration of 30 days after such publication, the 
                provisions of titles I and IV shall apply to operations 
                and transactions of persons engaged in such businesses 
                in that State to the same extent and in the same manner 
                as if such operations and transactions were conducted 
                in interstate commerce.
                    (D) Upon request of the Governor, the Secretary 
                shall revoke such designation if the Secretary 
                determines that such State has developed and will 
                enforce requirements at least equal to those imposed 
                under title I and title IV.
                    (E) Notwithstanding any other provision of this 
                section, if the Secretary determines that any person 
                within a State is producing for intrastate distribution 
                adulterated meat products, poultry products, or seafood 
                products that would clearly endanger the public health, 
                the Secretary shall notify the Governor of the State 
                and the appropriate Advisory Committee described in 
                section 301 of such fact for effective action under 
                State or local law. If the State does not take action 
                within a reasonable time to end this endangerment to 
                public health, the Secretary may immediately designate 
                the facility of such person as subject to the 
                provisions of titles I and IV of the Act, and that 
                facility shall be subject to those provisions as though 
                engaged in interstate commerce until such time as the 
                Secretary determines that such State has developed and 
                will enforce inspection requirements at least equal to 
                those imposed under titles I and IV.
            (2) Whenever the Secretary determines that any State 
        designated under this subsection has developed and will enforce 
        State meat, poultry, and seafood inspection requirements at 
        least equal to those imposed under titles I and IV, with 
        respect to all establishments within its jurisdiction that do 
        not operate under Federal inspection under title I and at which 
        any livestock, poultry, or seafood are slaughtered, or 
        livestock and poultry carcasses, seafood, meat products, 
        poultry products, or seafood products are processed or 
        distributed for use as human food, the Secretary shall 
        terminate the designation of that State. Such termination shall 
        not preclude the subsequent redesignation of that State 
        following publication of that redesignation in the Federal 
        Register and 30 days notice to its Governor.
            (3) The Secretary shall periodically review the meat, 
        poultry, and seafood inspection requirements of the States not 
        designated under this subsection. In the annual report required 
        under section 604, the Secretary shall include the results of 
        the review and comment on whether these State requirements are 
        at least equal to the Federal inspection requirements under 
        titles I and IV.
    (d) Interstate Distribution of State-inspected Meat, Poultry and 
Seafood Products.--
            (1) Livestock and poultry carcasses, seafood, meat 
        products, poultry products, and seafood products inspected 
        under any State meat, poultry, and seafood inspection law 
        (other than a State designated under subsection (c)) whose 
        requirements the Secretary has verified as being at least equal 
        to the substantive Federal inspection requirements of title I, 
shall be eligible for distribution in interstate commerce and for use 
in the preparation of products in establishments at which Federal 
inspection is maintained under title I.
                    (A) The Secretary is authorized to perform random 
                inspections at the facilities of persons operating 
                under any State meat, poultry, and seafood inspection 
                law to insure that the state inspection requirements 
                employed in that facility are at least equal to the 
                substantive Federal inspection requirements of title I.
                    (B) The Secretary may utilize Federal personnel, or 
                may cooperate with the appropriate State agency under 
                this Act to train and utilize State personnel, to 
                perform any random inspections authorized by this 
                paragraph.
                    (C) In the event that a random inspection performed 
                under this paragraph discloses that a state-inspected 
                facility is not employing inspection requirements at 
                least equal to the substantive Federal inspection 
                requirements under title I, the Secretary may restrict 
                the products produced by that facility to intrastate 
                distribution until a subsequent inspection verifies 
                that the facility has re-established inspection 
                requirements at least equal to the substantive Federal 
                inspection requirements under title I.
            (2) Livestock and poultry carcasses, seafood, meat 
        products, poultry products, or seafood products that are 
        inspected pursuant to a State law (other than a State 
        designated under subsection (c)), shall bear the official 
        inspection mark of the State which performed those inspection 
        services.
            (3) A person may transfer between Federal inspection under 
        title I and a State meat, poultry, and seafood inspection 
        program whose requirements are at least equal to Federal 
        inspection under title I on October 1st of any year upon 60 
        days written notice to the Secretary.

                     TITLE IV--AUXILIARY PROVISIONS

SEC. 401. INSPECTION SERVICES.

    (a) Withdrawal of Inspection Services for Cause.--The Secretary may 
(for such period, or indefinitely, as he or she deems necessary to 
effectuate the purposes of this Act) refuse to provide, or withdraw, 
inspection under title I with respect to the facility of any person if 
he or she determines, after an opportunity for a hearing is accorded to 
the applicant for or recipient of inspection, that such applicant or 
recipient is unfit to engage in any business requiring inspection under 
title I because the applicant or recipient, or anyone responsibly 
connected to the applicant or recipient has been convicted, in any 
Federal or State Court, of--
            (1) more than one violation of any law, other than a 
        felony, based upon the acquiring, handling, or distributing of 
        unwholesome, mislabeled, or deceptively packaged food, or upon 
        fraud in connection with transactions in food, or
            (2) any felony.
    (b) Administrative Request for Temporary Court Order; Duration; 
Administrative Order.--
            (1) At the sentencing of any individual responsibly 
        connected with any business requiring inspection under title I 
        and who is convicted of a felony involving--
                    (A) the intentional adulteration of food (except as 
                defined in section 2(c)(1)(L));
                    (B) the adulteration of food, as defined in section 
                2(c)(1)(L), with intent to defraud;
                    (C) bribery; or
                    (D) extortion;
        the Secretary may request the sentencing court to issue a 
        temporary order forbidding such individual to exercise 
        operational control of, or to be physically present at, any 
        facility requiring inspection under title I if the court finds 
        that the exercise of operational control by, or the presence of 
        such individual at any such facility, either poses a direct and 
        substantial threat to the public health or safety or, if such 
        individual is convicted of a felony described in subparagraph 
        (B), poses a clear likelihood of significant economic harm to 
        consumers.
            (2) If issued, such temporary court order shall terminate--
                    (A) whenever the Secretary determines by 
                administrative order, after a hearing on the record, 
                whether such individual should exercise operational 
                control of, or be physically present at, any facility 
                requiring inspection under title I, and judicial 
                review, if any, of such determination is completed; or
                    (B) 90 days after the issuance of such temporary 
                order by the court if the Secretary does not commence 
                such hearing before the expiration of such 90 days, 
                whichever occurs earlier.
    (c) Conclusiveness of Administrative Order.--Any determination and 
order of the Secretary issued under subsection (a) or (b)(2) shall be 
conclusive and enforceable unless the affected applicant for or 
recipient of inspection or the affected individual files, not later 
than 30 days after the effective date of such order, a petition for 
review of such order in the United States Court of Appeals for the 
District of Columbia Circuit or the United States Court of Appeals for 
the circuit in which the relevant facility is doing business. Judicial 
review of such order shall be on the record on which the determination 
and order are based.
    (d) Judicial Remedies; Withdrawal of Inspection Services; Removal 
of Individual From Control.--
            (1) Subject to paragraph (3), the Secretary may commence a 
        civil action in an appropriate court, as provided in section 
        404, to withdraw inspection under title I with respect to any 
        facility or to prevent any individual responsibly connected 
        with any business requiring inspection under title I from 
        exercising operational control of, or being present at, any 
        facility requiring inspection under title I.
            (2) If the court finds, on the basis of clear and 
        convincing evidence, that the recipient of inspection or such 
        individual has repeatedly failed to comply with the 
        requirements of this Act, or the rules and regulations issued 
under this Act, in a manner that poses a direct and substantial threat 
to the public health or safety, the court shall issue an order--
                    (A) withdrawing inspection at such facility; or
                    (B) forbidding such individual to exercise 
                operational control of, or to be physically present at, 
                such facility, for such period as the court determines 
                is necessary to carry out the purposes of this Act.
            (3) Not less than 90 days, and not more than 450 days, 
        before commencing a civil action under paragraph (1), the 
        Secretary shall provide to each recipient of inspection, and 
        each individual responsibly connected with the business, with 
        respect to which such action is commenced, a written notice 
        that includes--
                    (A) a statement that the Secretary intends to 
                commence such action;
                    (B) a comprehensive description of the violations 
                of this Act and the regulations issued under this Act 
                alleged by the Secretary; and
                    (C) a description of the actions the Secretary 
                considers necessary to be taken by such recipient or 
                such individual to comply with this Act and to 
                eliminate the need to commence such civil action.
    (e) Temporary Withdrawal of Inspection Services.--
            (1) The Secretary may temporarily withdraw inspection under 
        title I with respect to any facility for such period as is 
        necessary to ensure the safe and effective performance of 
        official duties under this Act if the Secretary determines, 
        after an opportunity for a hearing on the record, that an 
        officer, employee, or agent of such facility--
                    (A) threatened to forcibly assault;
                    (B) forcibly assaulted;
                    (C) forcibly intimidated; or
                    (D) forcibly interfered with, an employee of the 
                United States engaged in, or on account of, the 
                performance of any such official duties.
            (2)(A) Notwithstanding paragraph (1), the Secretary may 
        temporarily suspend inspection under title I with respect to 
        any facility, pending an expedited administrative hearing on 
        the record and judicial review of the order of the Secretary 
        based on such record, if the Secretary determines that 
        temporary suspension of such inspection is necessary for the 
        safety of any employee who performs official duties under this 
        Act.
                    (B) If the Secretary receives, before or after 
                temporarily suspending such inspection in accordance 
                with subparagraph (A), adequate written assurances from 
                the recipient of the inspection, or the individuals 
                involved, that the conduct or circumstances that 
                threatened the safety of such employee will not 
                continue or recur, the Secretary may continue or 
                restore such inspection on condition that such 
                assurances are fulfilled.
    (f) No Impact on Other Remedies.--This section shall not affect in 
any way other provisions of this Act for the withdrawal of inspection 
under title I.
    (g) Definition of ``Responsibly Connected With the Business''.--For 
the purposes of this section, a person shall be deemed to be 
responsibly connected with the business if he or she is a partner, 
officer, director, holder, or owner of 10 percent or more of its voting 
stock, or an employee in a managerial or executive capacity.
    (h) Judicial Review of Administrative Order.--Except as provided in 
subsection (e)(2), the determination and order of the Secretary with 
respect thereto under this section shall be final and conclusive unless 
the applicant for, or recipient of, files an application for judicial 
review within thirty days after the effective date of such order in the 
appropriate court as provided in subsection (e). Judicial review of any 
such order shall be upon the record upon which the determination and 
order are based.

SEC. 402. ADMINISTRATIVE DETENTION AND RELEASE OF CARCASSES, MEAT 
              PRODUCTS, POULTRY PRODUCTS, AND SEAFOOD PRODUCTS.

    Whenever any livestock or poultry carcass, seafood, meat product, 
poultry product, or seafood product, or any dead, dying, disabled, or 
diseased livestock, poultry, or seafood is found by any authorized 
representative of the Secretary upon any premises where it is held for 
purposes of, or during or after distribution, in commerce, or otherwise 
subject to title I or II, and there is reason to believe that any such 
article is adulterated or misbranded and is capable of use as human 
food, or that it has not been inspected, in violation of the provisions 
of title I or of any other Federal law or the laws of any State or 
Territory, or the District of Columbia, or that such article has been 
or is intended to be, distributed in violation of any such provisions, 
it may be detained by such representative for a period not to exceed 
twenty days, pending action under section 403 or notification of any 
Federal, State, or other governmental authorities having jurisdiction 
over such article, and shall not be moved by any person from the place 
at which it is located when so detained, until released by such 
representative. All official marks may be required by such 
representative to be removed from such article before it is released 
unless it appears to the satisfaction of the Secretary that the article 
or animal is eligible to retain such marks.

SEC. 403. SEIZURE AND CONDEMNATION.

    (a) Procedure.--Any livestock or poultry carcass, seafood, meat 
product, poultry product, or seafood product, or any dead, dying, 
disabled, or diseased livestock, poultry, or seafood that is being 
transported in interstate commerce or otherwise subject to title I or 
II, or is held for sale in the United States after such transportation, 
and that--
            (1) is or has been prepared, sold, transported, or 
        otherwise distributed or offered or received for distribution 
        in violation of this Act,
            (2) is capable of use as human food and is adulterated or 
        misbranded, or
            (3) in any other way is in violation of this Act, shall be 
        liable to be proceeded against and seized and condemned, at any 
        time, on a libel of information in any United States district 
        court or other proper court as provided in section 404 within 
the jurisdiction of which the article or animal is found.
    If the article is condemned it shall, after entry of the decree, be 
disposed of by destruction or sale as the court may direct and the 
proceeds, if sold, less the court costs and fees, and storage and other 
proper expenses, shall be paid into the Treasury of the United States, 
but the article shall not be sold contrary to the provisions of this 
Act, or the laws of the jurisdiction in which it is sold. Upon the 
execution and delivery of a good and sufficient bond conditioned that 
the article shall not be sold or otherwise disposed of contrary to the 
provisions of this Act, or the laws of the jurisdiction in which 
disposal is made, the court may direct that such article be delivered 
to the owner thereof subject to such supervision by authorized 
representatives of the Secretary as is necessary to insure compliance 
with the applicable laws. When a decree of condemnation is entered 
against the article and it is released under bond, or destroyed, court 
costs and fees, and storage and other proper expenses shall be awarded 
against the person, if any, intervening as claimant of the article. The 
proceedings in such libel cases shall conform, as nearly as may be, to 
the proceedings in admiralty, except that either party may demand trial 
by jury or any issue of fact joined in any case, and all such 
proceedings shall be at the suit of and in the name of the United 
States.
    (b) Impact on Other Provisions.--The provisions of this section 
shall in no way derogate from authority for condemnation or seizure 
conferred by other provisions of this Act, or other laws.

SEC. 404. FEDERAL JURISDICTION.

    The United States District Courts, the District Court of Guam, the 
District Court of the Virgin Islands, the highest court of American 
Samoa, and the United States courts of the other Territories, are 
vested with jurisdiction specifically to enforce, and to prevent and 
restrain violations of, this Act, and shall have jurisdiction in all 
other cases arising under this Act, except as provided in section 
401(e).

SEC. 405. CRIMINAL ACTS AGAINST INSPECTION OFFICIALS.

    Any person who forcibly assaults, resists, opposes, impedes, 
intimidates, or interferes with any person while engaged in or on 
account of the performance of his official duties under this Act shall 
be fined not more than $5,000 or imprisoned not more than three years, 
or both. Whoever, in the commission of any such acts, uses a deadly or 
dangerous weapon, shall be fined not more than $10,000 or imprisoned 
not more than ten years, or both. Whoever kills any person while 
engaged in or on account of the performance of his official duties 
under this Act shall be punished as provided under sections 1111 and 
1114 of title 18, United States Code.

SEC. 406. VIOLATIONS.

    (a) Criminal Penalties.--Any person who violates any provisions of 
this Act for which no other criminal penalty is provided by this Act 
shall upon conviction be subject to imprisonment for not more than one 
year, or a fine of not more than $1,000, or both such imprisonment and 
fine; but if such violation involves intent to defraud, or any 
distribution or attempted distribution of an article that is 
adulterated (except as defined in section 2(c)(1)(L)), such person 
shall be subject to imprisonment for not more than three years or a 
fine of not more than $10,000, or both. No person shall be subject to 
penalties under this section for receiving for transportation any 
article in violation of this Act if such receipt was made in good 
faith, unless such person refuses to furnish on request of a 
representative of the Secretary the name and address of the person from 
whom he or she received such article and copies of all documents, if 
any there be, pertaining to the delivery of the articles to him or her.
    (b) Minor Violations.--Nothing in this Act shall be construed as 
requiring the Secretary to report for prosecution or for the 
institution of libel or injunction proceedings, minor violations of 
this Act whenever he or she believes that the public interest will be 
adequately served by a suitable written notice of warning. In 
determining whether the public interest could be adequately served by a 
written notice of warning, the Secretary shall take into account, among 
other factors--
            (1) the compliance history of such facility;
            (2) the magnitude of the violation;
            (3) whether compliance with this Act would likely be 
        obtained as a result of such notice; and
            (4) whether such violation is of a minor or technical 
        nature.
    (c) Notice of Referral of Criminal Violation.--Unless the Secretary 
by regulation provides otherwise, before any violation of this Act is 
reported by the Secretary for prosecution in a criminal proceeding, the 
Secretary shall give the person alleged to have committed such 
violation--
            (1) reasonable notice that the Secretary intends to report 
        such violation for prosecution; and
            (2) an opportunity to present to the Secretary, orally or 
        in writing, views with respect to such proceeding.
    (d) Civil Penalties.--In lieu of proceeding under subsection (a) 
above any person who violates this Act or any regulations issued 
thereunder may be liable to the United States for a civil penalty in an 
amount not to exceed $10,000. A civil penalty under this paragraph may 
be assessed by the Secretary of Agriculture in the case of violations 
arising under section 110, and by the Secretary in the case of 
violations arising under other provisions of this Act, by an order made 
on the record after opportunity for a hearing provided in accordance 
with this paragraph and section 554 of title 5, United States Code. 
Before issuing such an order, the Secretary shall give written notice 
to the person to be assessed a civil penalty of the Secretary's 
proposal to issue such order and provide such person an opportunity for 
a hearing. In determining the amount of any civil penalty, such 
Secretary shall take into account the nature, circumstances, extent, 
and gravity of the violation or violations and, with respect to the 
violator, ability to pay, effect on ability to continue to do business, 
any history of prior such violations, the degree of culpability, and 
other matters as justice may require. The Secretary may compromise, 
modify, or remit, with or without conditions, any civil penalty that 
may be assessed under this paragraph. The amount of such penalty, when 
finally determined, or the amount agreed upon in compromise, may be 
deducted from any sums owing by the United States to the person 
charged.

SEC. 407. OTHER FEDERAL LAWS APPLICABLE TO ADMINISTRATION AND 
              ENFORCEMENT OF ACT.

    For the efficient administration and enforcement of this Act, the 
provisions (including penalties) of sections 6, 8, 9, and 10 of the Act 
entitled ``An Act to create a Federal Trade Commission, to define its 
powers and duties, and for other purposes,'' approved September 26, 
1914 (38 Stat. 721 09723, as amended: 15 U.S.C. 46, 48, 49, and 50) 
(except subsections (c) through (h) of section 6 and the last paragraph 
of section 9), and the provisions of subsection 409(1) of the 
Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 
409(1)), are made applicable to the jurisdiction, powers, and duties of 
the Secretary in administering and enforcing the provisions of this Act 
and to any person, firm, or corporation with respect to whom such 
authority is exercised. The Secretary, in person or by such agents as 
he or she may designate, may prosecute any inquiry necessary to his or 
her duties under this Act in any part of the United States, and the 
powers conferred by said sections 9 and 10 of the Act of September 26, 
1914, as amended, on the district courts of the United States may be 
exercised for the purposes of this Act by any court designated in 
section 404.

SEC. 408. STATE JURISDICTION OVER FEDERALLY REGULATED MATTERS.

    (a) Inspection.--Requirements within the scope of this Act with 
respect to premises, facilities, and operations of any establishment at 
which inspection is provided under title I, which are in addition to, 
or different than those made under this Act may not be imposed by any 
State or Territory or the District of Columbia. However, any such 
jurisdiction may impose record keeping and other requirements within 
the scope of section 202, if consistent with such section, with respect 
to any such establishment.
    (b) Marking, Labeling, and Packaging.--
            (1) Marking, labeling, packaging, or ingredient 
        requirements in addition to or different than those made under 
        this Act may not be imposed by any State or Territory or 
        District of Columbia with respect to articles prepared at any 
        establishment under Federal inspection in accordance with the 
        requirements of title I or with respect to articles prepared 
        for commerce at any State inspected establishment in accordance 
        with the requirements of section 301(d).
            (2) A State or Territory or the District of Columbia may, 
        consistent with the requirements under this Act, exercise 
        concurrent jurisdiction with the Secretary over articles 
        distributed in commerce or otherwise subject to the Act, for 
        the purpose of preventing the distribution for human food 
        purposes of any such articles which are not in compliance with 
        the requirements under this Act and are outside of any 
        federally or State inspected establishment, or in the case of 
        imported articles, which are not at such an establishment, 
        after their entry into the United States.
    (c) Consistent State Action Permitted.--This Act shall not preclude 
any State or Territory or the District of Columbia from imposing a 
requirement or taking other actions, consistent with this Act, with 
respect to any other matters regulated under this Act.

SEC. 409. FEDERAL FOOD, DRUG, AND COSMETIC ACT APPLICATIONS.

    (a) Consistency With FFDCA.--Notwithstanding any other provisions 
of law, including section 902(b) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 392(a)), the provisions of this Act shall not 
derogate from any authority conferred by the Federal Food, Drug, and 
Cosmetic Act prior to enactment of this Act.
    (b) Detainer Authority for Articles Outside of Inspected 
Facility.--The detainer authority conferred by section 402 shall apply 
to any authorized representative of the Secretary of Health and Human 
Services for purposes of the enforcement of the Federal Food, Drug, and 
Cosmetic Act with respect to any livestock or poultry carcass, seafood, 
meat product, poultry product, or seafood product, that is outside any 
premises at which inspection is being maintained under this Act, and 
for such purposes the first reference to the Secretary in section 402 
shall be deemed to refer to the Secretary of Health and Human Services.

                       TITLE V--PUBLIC EDUCATION

SEC. 501. EDUCATION.

    The Secretary shall, in cooperation with the State departments of 
agriculture, slaughterers, processors, universities, producers, 
cooperative extension services, other appropriate State entities, and 
other interested parties design and implement a national public 
education program on meat, poultry, and seafood products. The program 
shall provide, but is not limited to--
            (1) information to the public regarding Federal good 
        practice requirements and promotion of public awareness, 
        understanding, and acceptance of such requirements;
            (2) advice to individuals involved in recreational and 
        subsistence fisheries concerning the health hazards associated 
        with the seafood they may harvest and the precautions they 
        should take to safeguard themselves and others from those 
        hazards;
            (3) information to consumers regarding appropriate handling 
        and preparation of meat, poultry, and seafood products, as well 
        as information for producers, processors, and food service 
        handlers;
            (4) such other information or advice to consumers and other 
        persons as the Secretary determines will promote the purposes 
        of this Act; and
            (5) new technologies, such as irradiation, to produce a 
        safer food supply.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. RESEARCH.

    The Secretary of Agriculture may conduct research to assist the 
implementation of this Act, including studies to--
            (1) improve sanitation and safety practices in the 
        processing of meat, poultry, and seafood products;
            (2) develop improved techniques for the monitoring and 
        inspection of meat, poultry, and seafood products;
            (3) develop efficient, rapid, and sensitive methods for 
        determining and detecting the presence of contaminants in 
        livestock, poultry, or seafood and in meat, poultry, and 
        seafood products;
            (4) determine the sources of contamination of livestock, 
        poultry, or seafood, and meat, poultry, or seafood products 
        with contaminants;
            (5) develop consumption data with respect to meat, poultry, 
        and seafood products; and
            (6) develop epidemiological and ecological data that will 
        identify risk factors, diagnostic procedures, critical control 
        points, and intervention strategies for pre-slaughter assurance 
        programs.

SEC. 602. COST OF INSPECTION; OVERTIME.

    The cost of inspection rendered under the requirements of this Act, 
shall be borne by the United States, except that the cost of overtime 
and holiday work performed in establishments subject to the provisions 
of this Act at such rates as the Secretary may determine shall be borne 
by such establishments. Sums received by the Secretary in reimbursement 
for sums paid out by him for such premium pay work shall be available 
without fiscal year limitation to carry out the purposes of this 
section.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the provisions of this Act.

SEC. 604. REPORTS TO CONGRESS.

    The Secretary shall annually report to the Committee on Agriculture 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate with respect to the slaughter of 
livestock, poultry, and seafood subject to this Act, and the 
preparation, storage, handling, and distribution of livestock and 
poultry carcasses, seafood, meat products, poultry products, and 
seafood products and inspection of establishments operated in 
connection therewith, including the status and effectiveness of 
inspection operations under this Act.

                  TITLE VII--REPEAL OF SUPERSEDED LAWS

SEC. 701. POULTRY PRODUCTS INSPECTION ACT.

    The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is 
repealed.

SEC. 702. FEDERAL MEAT INSPECTION ACT.

    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is 
repealed.

SEC. 703. RELATED LAWS.

    (a) Reports Under the Wholesome Meat Act.--Section 17 of the 
Wholesome Meat Act (21 U.S.C. 691) is repealed.
    (b) Inspection of Reindeer.--The proviso in the paragraph entitled 
``Meat inspection, Bureau of Animal Industry'' under the heading 
``BUREAU OF ANIMAL INDUSTRY'' in the Act of June 30, 1914 (21 U.S.C. 
692), is repealed.
    (c) Inspection of Dairy Products for Export.--The first proviso in 
the third paragraph under the heading ``BUREAU OF ANIMAL INDUSTRY'' in 
the Act of May 23, 1908 (21 U.S.C. 693), is repealed.
    (d) Payment of Cost of Meat Inspection Services.--The Act entitled 
``An Act relating to the meat-inspection service of the Department of 
Agriculture'', approved June 8, 1948 (21 U.S.C. 695), is repealed.

SEC. 704. CONFORMING AMENDMENTS.

    (a) Food, Agriculture, Conservation, and Trade Act of 1990.--The 
Food, Agriculture, Conservation, and Trade Act of 1990 is amended--
            (1) in section 1327(a) (7 U.S.C. 138f(a)), by striking ``, 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.)'' and 
        inserting ``or the Meat, Poultry, and Seafood Inspection Reform 
Act of 1996''; and
            (2) in section 2120(f) (7 U.S.C. 6519(f))--
                    (A) by striking ``the Federal Meat Inspection Act 
                (21 U.S.C. 601 et seq.), the Poultry Products 
                Inspection Act (21 U.S.C. 451 et seq.),'' and inserting 
                ``the Meat, Poultry, and Seafood Inspection Reform Act 
                of 1996''; and
                    (B) by striking ``meat, poultry and egg products'' 
                and inserting ``meat, poultry, seafood, and egg 
                products''.
    (b) Consumer Product Safety Act.--Section 3(a)(1)(I) of the 
Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(I)) is amended by 
striking ``poultry and poultry products (as defined in sections 4 (e) 
and (f) of the Poultry Products Inspection Act), meat, meat food 
products (as defined in section 1(j) of the Federal Meat Inspection 
Act),'' and inserting ``livestock, poultry, seafood, and their products 
regulated under the Meat, Poultry, and Seafood Inspection Reform Act of 
1996''.
    (c) Toxic Substances Control Act.--Section 3(2)(B) of the Toxic 
Substances Control Act (15 U.S.C. 2602(2)(B)) is amended by striking 
``poultry and poultry products (as defined in sections 4(e) and 4(f) of 
the Poultry Products Inspection Act), meat and meat food products (as 
defined in section 1(j) of the Federal Meat Inspection Act),'' and 
inserting ``livestock, poultry, seafood, and their products regulated 
under the Meat, Poultry, and Seafood Inspection Reform Act of 1996''.
    (d) Endangered Species Act of 1973.--Section 11(h) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(h)) is amended by 
striking ``, and 612-614)'' and inserting ``), section 132 of the Meat, 
Poultry, and Seafood Inspection Reform Act of 1996,''.
    (e) Viruses, Serums, Toxins, and Analogous Products.--The eighth 
paragraph of the matter under the heading ``BUREAU OF ANIMAL INDUSTRY'' 
of the Act of March 4, 1913 (21 U.S.C. 159), is amended--
            (1) by striking ``the Federal Meat Inspection Act (21 
        U.S.C. 672, 673, and 674)'' and inserting ``the Meat, Poultry, 
        and Seafood Inspection Reform Act of 1996''; and
            (2) by striking ``(21 U.S.C. 675)''.
    (f) Federal Food, Drug, and Cosmetic Act.--The Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
            (1) in section 201(s)(4) (21 U.S.C. 321(s)(4)), by striking 
        ``the Poultry Products Inspection Act (21 U.S.C. 451 and the 
        following) or the Meat Inspection Act of March 4, 1907 (34 
        Stat. 1260), as amended and extended (21 U.S.C. 71 and the 
        following)'' and inserting ``the Federal Meat Inspection Act 
        (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act 
        (21 U.S.C. 451 et seq.), as in effect before the date of the 
        enactment of the Meat, Poultry, and Seafood Inspection Reform 
        Act of 1996''; and
            (2) in section 902 (21 U.S.C. 392(a)), by striking 
        subsection (b) and inserting the following new subsection:
    ``(b) Livestock, poultry, seafood, and their products regulated 
under the Meat, Poultry, and Seafood Inspection Reform Act of 1996 
shall be exempt from the provisions of this Act.''.

                       TITLE VIII--EFFECTIVE DATE

SEC. 801. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 30 
days after the date of the enactment of this Act.
                                 <all>