[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2344 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2344

To expand the enforcement options under the Federal Meat Inspection Act 
 and the Poultry Products Inspection Act to include the imposition of 
                         civil money penalties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1997

  Mrs. Lowey introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To expand the enforcement options under the Federal Meat Inspection Act 
 and the Poultry Products Inspection Act to include the imposition of 
                         civil money penalties.

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

SECTION 1. CIVIL PENALTIES UNDER MEAT AND POULTRY INSPECTION LAWS.

    (a) FMIA.--Section 406 of the Federal Meat Inspection Act (21 
U.S.C. 676) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b)(1) In lieu of seeking the imposition of a fine or 
imprisonment under subsection (a) against a person, firm, or 
corporation for a violation of this Act, the Secretary may assess a 
civil penalty against the person, firm, or corporation in an amount not 
to exceed the amount specified in subsection (a) for a comparable 
violation. The civil penalty may be assessed for each violation or, in 
the case of a continuing violation, for each day on which the violation 
occurs.
    ``(2) The Secretary may not access a civil penalty against a 
person, firm, or corporation under this subsection unless the person, 
firm, or corporation is given notice and an opportunity for a hearing 
on the record before the Secretary. The Secretary shall assess the 
civil penalty by written order.
    ``(3) In determining the amount of the civil penalty to be assessed 
against a person, firm, or corporation, the Secretary shall take into 
account the gravity of the violation, the degree of culpability, the 
size and type of business of the person, firm, or corporation, and any 
history of prior offenses.
    ``(4) An order assessing a civil penalty under this subsection 
shall be final and conclusive unless the person, firm, or corporation 
files, within 30 days after the effective date of the order, an 
application for judicial review with--
                    ``(A) the United States Court of Appeals for the 
                circuit in which the person, firm, or corporation 
                resides or has its principal place of business; or
                    ``(B) the United States Court of Appeals for the 
                District of Columbia.
    ``(5) If, after a civil penalty has become a final and unappealable 
order or after the appropriate court has entered final judgment in 
favor of the Secretary, the person, firm, or corporation fails to pay 
the civil penalty assessed against the person, firm, or corporation, 
the Secretary may refer the matter to the Attorney General, who shall 
institute a civil action to recover the amount assessed. In a recovery 
action under this paragraph, the validity and appropriateness of the 
order of the Secretary assessing the civil penalty shall not be subject 
to review.''.
    (b) PPIA.--Section 12 of the Poultry Products Inspection Act (21 
U.S.C. 461) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b)(1) In lieu of seeking the imposition of a fine or 
imprisonment under subsection (a) against a person for a violation of 
this Act, the Secretary may assess a civil penalty against the person 
in an amount not to exceed the amount specified in subsection (a) for a 
comparable violation. The civil penalty may be assessed for each 
violation or, in the case of a continuing violation, for each day on 
which the violation occurs.
    ``(2) The Secretary may not access a civil penalty against a person 
under this subsection unless the person is given notice and an 
opportunity for a hearing on the record before the Secretary. The 
Secretary shall assess the civil penalty by written order.
    ``(3) In determining the amount of the civil penalty to be assessed 
against a person, the Secretary shall take into account the gravity of 
the violation, the degree of culpability, the size and type of business 
of the person, and any history of prior offenses.
    ``(4) An order assessing a civil penalty under this subsection 
shall be final and conclusive unless the person files, within 30 days 
after the effective date of the order, an application for judicial 
review with--
                    ``(A) the United States Court of Appeals for the 
                circuit in which the person resides or has the person's 
                principal place of business; or
                    ``(B) the United States Court of Appeals for the 
                District of Columbia.
    ``(5) If, after a civil penalty has become a final and unappealable 
order or after the appropriate court has entered final judgment in 
favor of the Secretary, the person fails to pay the civil penalty 
assessed against the person, the Secretary may refer the matter to the 
Attorney General, who shall institute a civil action to recover the 
amount assessed. In a recovery action under this paragraph, the 
validity and appropriateness of the order of the Secretary assessing 
the civil penalty shall not be subject to review.''.
                                 <all>