[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1264

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to provide for improved public health and food safety 
                     through enhanced enforcement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 1997

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to provide for improved public health and food safety 
                     through enhanced enforcement.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Safety Enforcement Enhancement 
Act of 1997''.

SEC. 2. FOOD SAFETY ENFORCEMENT FOR MEAT AND MEAT FOOD PRODUCTS.

    (a) In General.--The Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) is amended--
            (1) by redesignating section 411 (21 U.S.C. 681) as section 
        414; and
            (2) by inserting after section 410 (21 U.S.C. 679a) the 
        following:

``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR 
              MISBRANDED ARTICLES.

    ``(a) Notification.--A person (other than a household consumer) 
that has reason to believe that a carcass, part of a carcass, meat, or 
meat food product of cattle, sheep, swine, goats, horses, mules, or 
other equines (referred to in this section as an `article') 
transported, stored, distributed, or otherwise handled by the person is 
adulterated or misbranded shall immediately notify the Secretary, in 
such manner and by such means as the Secretary may by regulation 
promulgate, of the identity and location of the article.
    ``(b) Nondistribution and Recall.--
            ``(1) Voluntary actions.--On receiving the notification 
        under subsection (a) or otherwise, if the Secretary finds that 
        an article is adulterated or misbranded and that there is a 
        reasonable probability that human consumption of the article 
        would present a threat to public health, as determined by the 
        Secretary, the Secretary shall provide all appropriate persons, 
        as determined by the Secretary, that transported, stored, 
        distributed, or otherwise handled the article with an 
        opportunity to--
                    ``(A) cease distribution of the article;
                    ``(B) notify all persons transporting, storing, 
                distributing, or otherwise handling the article, or to 
                which the article has been transported, sold, 
                distributed, or otherwise handled, to immediately cease 
                distribution of the article;
                    ``(C) recall the article; and
                    ``(D) in consultation with the Secretary, provide 
                notice to consumers to whom the article is, or may have 
                been, distributed.
            ``(2) Mandatory actions.--If the person refuses to or does 
        not voluntarily take the actions described in paragraph (1) 
        with respect to an article within the time and in the manner 
        prescribed by the Secretary, the Secretary shall, by order, 
        require the person to immediately--
                    ``(A) cease distribution of the article; and
                    ``(B) notify all persons transporting, storing, 
                distributing, or otherwise handling the article, or to 
                which the article has been transported, sold, 
                distributed, or otherwise handled, to immediately cease 
                distribution of the article.
            ``(3) Notice to consumers.--The Secretary shall, as the 
        Secretary considers necessary, provide notice to consumers to 
        whom the article was, or may have been, distributed.
            ``(4) Nondistribution by notified persons.--A person 
        transporting, storing, distributing, or otherwise handling the 
        article, or to which the article has been transported, sold, 
        distributed, or otherwise handled, that is notified under 
        paragraph (1)(B) or (2)(B) shall immediately cease distribution 
        of the article.
    ``(c) Informal Hearing on Order.--
            ``(1) In general.--The Secretary shall provide a person 
        subject to an order under subsection (b) with an opportunity 
        for an informal hearing (pursuant to such rules or regulations 
        as the Secretary shall prescribe) on the actions required by 
        the order and on why the article that is the subject of the 
        order should not be recalled.
            ``(2) Timing.--The Secretary shall hold the informal 
        hearing as soon as practicable, but not later than 2 days, 
        after the issuance of the order.
    ``(d) Recall or Other Actions.--
            ``(1) In general.--If, after providing an opportunity for 
        an informal hearing under subsection (c), the Secretary 
determines that there is a reasonable probability that human 
consumption of the article that is the subject of an order under 
subsection (b) presents a threat to public health, the Secretary may--
                    ``(A) amend the order to require recall of the 
                article or other appropriate action;
                    ``(B) specify a timetable during which the recall 
                will occur;
                    ``(C) require periodic reports to the Secretary 
                describing the progress of the recall; and
                    ``(D) provide notice to consumers to whom the 
                article is, or may have been, distributed.
            ``(2) Vacation of order.--If, after providing an 
        opportunity for an informal hearing under subsection (c), the 
        Secretary determines that adequate grounds do not exist to 
        continue the actions required by the order, the Secretary shall 
        vacate the order.
    ``(e) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.

``SEC. 412. REFUSAL OR WITHDRAWAL OF INSPECTION OF ESTABLISHMENTS.

    ``(a) In General.--The Secretary may, for such period, or 
indefinitely, as the Secretary considers necessary to carry out this 
Act, refuse to provide or withdraw inspection under title I with 
respect to an establishment if the Secretary determines, after 
opportunity for a hearing on the record is provided to the applicant 
for, or recipient of, inspection, that the applicant or recipient, or 
any person responsibly connected with the applicant or recipient 
(within the meaning of section 401), has committed a willful violation 
or repeated violations of this Act (including a regulation promulgated 
under this Act).
    ``(b) Denial or Suspension of Inspection Pending Hearing.--The 
Secretary may deny or suspend inspection under title I, pending 
opportunity for an expedited hearing, with respect to an action under 
subsection (a), if the Secretary determines that the denial or 
suspension is in the public interest to protect the health or welfare 
of consumers or to ensure the effective performance of an official duty 
under this Act.
    ``(c) Judicial Review.--
            ``(1) In general.--A determination and order of the 
        Secretary with respect to the refusal or withdrawal of 
        inspection under this section shall be final and conclusive 
        unless, not later than 30 days after the effective date of the 
        order, the affected applicant for, or recipient of, 
        inspection--
                    ``(A) files a petition for judicial review of the 
                order; and
                    ``(B) simultaneously sends a copy of the petition 
                by certified mail to the Secretary.
            ``(2) Refusal or withdrawal of inspection pending review.--
        Inspection shall be refused or withdrawn as of the effective 
        date of the order pending any judicial review of the order 
        unless the Secretary directs otherwise.
            ``(3) Venue; record.--Judicial review of the order shall 
        be--
                    ``(A) in--
                            ``(i) the United States court of appeals 
                        for the circuit in which the applicant for, or 
                        recipient of, inspection resides or has its 
                        principal place of business; or
                            ``(ii) the United States Court of Appeals 
                        for the District of Columbia; and
                    ``(B) on the record on which the determination and 
                order are based.
    ``(d) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.

``SEC. 413. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Assessment.--The Secretary may assess a civil penalty 
        against a person that violates this Act (including a regulation 
        promulgated or order issued under this Act) of not more than 
        $100,000 for each violation.
            ``(2) Separate offenses.--Each violation and each day 
        during which a violation continues shall be a separate offense.
            ``(3) Notice and opportunity for hearing.--The Secretary 
        shall not assess a civil penalty under this section against a 
        person unless the person is given notice and opportunity for a 
        hearing on the record before the Secretary in accordance with 
        sections 554 and 556 of title 5, United States Code.
            ``(4) Amount.--The amount of a civil penalty under this 
        section shall be--
                    ``(A) assessed by the Secretary by written order, 
                taking into account--
                            ``(i) the gravity of the violation;
                            ``(ii) the degree of culpability;
                            ``(iii) the size and type of the business; 
                        and
                            ``(iv) any history of prior offenses under 
                        this Act; and
                    ``(B) reviewed only in accordance with subsection 
                (b).
    ``(b) Judicial Review.--
            ``(1) In general.--An order assessing a civil penalty 
        against a person under subsection (a) shall be final and 
        conclusive unless the person--
                    ``(A) not later than 30 days after the effective 
                date of the order, files a petition for judicial review 
                in--
                            ``(i) the United States court of appeals 
                        for the circuit in which the person resides or 
                        has its principal place of business; or
                            ``(ii) the United States Court of Appeals 
                        for the District of Columbia; and
                    ``(B) simultaneously sends a copy of the petition 
                by certified mail to the Secretary.
            ``(2) Record.--The Secretary shall promptly file in the 
        court a certified copy of the record on which the violation was 
        found and the civil penalty assessed.
    ``(c) Collection Action for Failure To Pay Assessment.--
            ``(1) Referral to attorney general.--If a person fails to 
        pay a civil penalty after the order assessing the civil penalty 
        has become final and unappealable, the Secretary shall refer 
        the matter to the Attorney General.
            ``(2) Action by attorney general.--The Attorney General 
        shall bring a civil action to recover the amount of the civil 
        penalty in United States district court.
            ``(3) Scope of review.--In the collection action, the 
        validity and appropriateness of the order of the Secretary 
        imposing the civil penalty shall not be subject to review.
    ``(d) Refusal or Withdrawal of Inspection Pending Payment.--If a 
person fails to pay the amount of a civil penalty after the order 
assessing the civil penalty becomes final and unappealable, the 
Secretary may refuse to provide or withdraw inspection under title I of 
the person until the civil penalty is paid or until the Secretary 
directs otherwise.
    ``(e) Penalties in Lieu of Other Actions.--Nothing in this Act 
requires the Secretary to report for prosecution, or for the 
institution of an action, a violation of this Act if the Secretary 
believes that the public interest will be adequately served by 
assessment of a civil penalty.
    ``(f) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.''.
    (b) Conforming Amendments.--
            (1) Section 1 of the Federal Meat Inspection Act (21 U.S.C. 
        601) is amended by adding at the end the following:
    ``(w) Person.--The term `person' means any individual, partnership, 
corporation, association, or other business unit.''.
            (2) The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 
        is amended--
                    (A) by striking ``person, firm, or corporation'' 
                each place it appears and inserting ``person'';
                    (B) by striking ``persons, firms, and 
                corporations'' each place it appears and inserting 
                ``persons''; and
                    (C) by striking ``persons, firms, or corporations'' 
                each place it appears and inserting ``persons''.

SEC. 3. FOOD SAFETY ENFORCEMENT FOR POULTRY AND POULTRY FOOD PRODUCTS.

    The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is 
amended--
            (1) in the first sentence of section 5(c)(1) (21 U.S.C. 
        454(c)(1))--
                    (A) by striking ``, by thirty days prior to the 
                expiration of two years after enactment of the 
                Wholesome Poultry Products Act,''; and
                    (B) by striking ``sections 1-4, 6-10, and 12-22 of 
                this Act'' and inserting ``sections 1 through 4, 6 
                through 10, 12 through 22, and 31 through 33''; and
            (2) by adding at the end the following:

``SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR 
              MISBRANDED ARTICLES.

    ``(a) Notification.--A person (other than a household consumer) 
that has reason to believe that any poultry or poultry product 
(referred to in this section as an `article') transported, stored, 
distributed, or otherwise handled by the person is adulterated or 
misbranded shall immediately notify the Secretary, in such manner and 
by such means as the Secretary may by regulation promulgate, of the 
identity and location of the article.
    ``(b) Nondistribution and Recall.--
            ``(1) Voluntary actions.--On receiving notification under 
        subsection (a) or otherwise, if the Secretary finds that an 
        article is adulterated or misbranded and that there is a 
        reasonable probability that human consumption of the article 
        would present a threat to public health, as determined by the 
        Secretary, the Secretary shall provide all appropriate persons, 
        as determined by the Secretary, that transported, stored, 
        distributed, or otherwise handled the article with an 
        opportunity to--
                    ``(A) cease distribution of the article;
                    ``(B) notify all persons transporting, storing, 
                distributing, or otherwise handling the article, or to 
                which the article has been transported, sold, 
                distributed, or otherwise handled, to immediately cease 
                distribution of the article;
                    ``(C) recall the article; and
                    ``(D) in consultation with the Secretary, provide 
                notice to consumers to whom the article is, or may have 
                been, distributed.
            ``(2) Mandatory actions.--If the person refuses to or does 
        not voluntarily take the actions described in paragraph (1) 
        with respect to an article within the time and in the manner 
        prescribed by the Secretary, the Secretary shall, by order, 
        require the person to immediately--
                    ``(A) cease distribution of the article; and
                    ``(B) notify all persons transporting, storing, 
                distributing, or otherwise handling the article, or to 
                which the article has been transported, sold, 
                distributed, or otherwise handled, to immediately cease 
                distribution of the article.
            ``(3) Notice to consumers.--The Secretary shall, as the 
        Secretary considers necessary, provide notice to consumers to 
        whom the article was, or may have been, distributed.
            ``(4) Nondistribution by notified persons.--A person 
        transporting, storing, distributing, or otherwise handling the 
        article, or to which the article has been transported, sold, 
        distributed, or otherwise handled, that is notified under 
        paragraph (1)(B) or (2)(B) shall immediately cease distribution 
        of the article.
    ``(c) Informal Hearing on Order.--
            ``(1) In general.--The Secretary shall provide a person 
        subject to an order under subsection (b) with an opportunity 
        for an informal hearing (pursuant to such rules or regulations 
        as the Secretary shall prescribe) on the actions required by 
        the order and on why the article that is the subject of the 
        order should not be recalled.
            ``(2) Timing.--The Secretary shall hold the informal 
        hearing as soon as practicable, but not later than 2 days, 
        after the issuance of the order.
    ``(d) Recall or Other Actions.--
            ``(1) In general.--If, after providing an opportunity for 
        an informal hearing under subsection (c), the Secretary 
        determines that there is a reasonable probability that human 
        consumption of the article that is the subject of an order 
        under subsection (b) presents a threat to public health, the 
        Secretary may--
                    ``(A) amend the order to require recall of the 
                article or other appropriate action;
                    ``(B) specify a timetable during which the recall 
                will occur;
                    ``(C) require periodic reports to the Secretary 
                describing the progress of the recall; and
                    ``(D) provide notice to consumers to whom the 
                article is, or may have been, distributed.
            ``(2) Vacation of order.--If, after providing an 
        opportunity for an informal hearing under subsection (c), the 
        Secretary determines that adequate grounds do not exist to 
        continue the actions required by the order, the Secretary shall 
        vacate the order.
    ``(e) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.

``SEC. 32. REFUSAL OR WITHDRAWAL OF INSPECTION OF ESTABLISHMENTS.

    ``(a) In General.--The Secretary may, for such period, or 
indefinitely, as the Secretary considers necessary to carry out this 
Act, refuse to provide or withdraw inspection under this Act with 
respect to an establishment if the Secretary determines, after 
opportunity for a hearing on the record is provided to the applicant 
for, or recipient of, inspection, that the applicant or recipient, or 
any person responsibly connected with the applicant or recipient 
(within the meaning of section 18(a)), has committed a willful 
violation or repeated violations of this Act (including a regulation 
promulgated under this Act).
    ``(b) Denial or Suspension of Inspection Pending Hearing.--The 
Secretary may deny or suspend inspection under this Act, pending 
opportunity for an expedited hearing, with respect to an action under 
subsection (a), if the Secretary determines that the denial or 
suspension is in the public interest to protect the health or welfare 
of consumers or to ensure the effective performance of an official duty 
under this Act.
    ``(c) Judicial Review.--
            ``(1) In general.--A determination and order of the 
        Secretary with respect to the refusal or withdrawal of 
        inspection under this section shall be final and conclusive 
        unless, not later than 30 days after the effective date of the 
        order, the affected applicant for, or recipient of, 
        inspection--
                    ``(A) files a petition for judicial review of the 
                order; and
                    ``(B) simultaneously sends a copy of the petition 
                by certified mail to the Secretary.
            ``(2) Refusal or withdrawal of inspection pending review.--
        Inspection shall be refused or withdrawn as of the effective 
        date of the order pending any judicial review of the order 
        unless the Secretary directs otherwise.
            ``(3) Venue; record.--Judicial review of the order shall 
        be--
                    ``(A) in--
                            ``(i) the United States court of appeals 
                        for the circuit in which the applicant for, or 
                        recipient of, inspection resides or has its 
                        principal place of business; or
                            ``(ii) the United States Court of Appeals 
                        for the District of Columbia; and
                    ``(B) on the record on which the determination and 
                order are based.
    ``(d) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.

``SEC. 33. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Assessment.--The Secretary may assess a civil penalty 
        against a person that violates this Act (including a regulation 
        promulgated or order issued under this Act) of not more than 
        $100,000 for each violation.
            ``(2) Separate offenses.--Each violation and each day 
        during which a violation continues shall be a separate offense.
            ``(3) Notice and opportunity for hearing.--The Secretary 
        shall not assess a civil penalty under this section against a 
        person unless the person is given notice and opportunity for a 
        hearing on the record before the Secretary in accordance with 
        sections 554 and 556 of title 5, United States Code.
            ``(4) Amount.--The amount of a civil penalty under this 
        section shall be--
                    ``(A) assessed by the Secretary by written order, 
                taking into account--
                            ``(i) the gravity of the violation;
                            ``(ii) the degree of culpability;
                            ``(iii) the size and type of the business; 
                        and
                            ``(iv) any history of prior offenses under 
                        this Act; and
                    ``(B) reviewed only in accordance with subsection 
                (b).
    ``(b) Judicial Review.--
            ``(1) In general.--An order assessing a civil penalty 
        against a person under subsection (a) shall be final and 
        conclusive unless the person--
                    ``(A) not later than 30 days after the effective 
                date of the order, files a petition for judicial review 
                in--
                            ``(i) the United States court of appeals 
                        for the circuit in which the person resides or 
                        has its principal place of business; or
                            ``(ii) the United States Court of Appeals 
                        for the District of Columbia; and
                    ``(B) simultaneously sends a copy of the petition 
                by certified mail to the Secretary.
            ``(2) Record.--The Secretary shall promptly file in the 
        court a certified copy of the record on which the violation was 
        found and the civil penalty assessed.
    ``(c) Collection Action for Failure To Pay Assessment.--
            ``(1) Referral to attorney general.--If a person fails to 
        pay a civil penalty after the order assessing the civil penalty 
        has become final and unappealable, the Secretary shall refer 
        the matter to the Attorney General.
            ``(2) Action by attorney general.--The Attorney General 
        shall bring a civil action to recover the amount of the civil 
        penalty in United States district court.
            ``(3) Scope of review.--In the collection action, the 
        validity and appropriateness of the order of the Secretary 
        imposing the civil penalty shall not be subject to review.
    ``(d) Refusal or Withdrawal of Inspection Pending Payment.--If a 
person fails to pay the amount of a civil penalty after the order 
assessing the civil penalty becomes final and unappealable, the 
Secretary may refuse to provide or withdraw inspection under this Act 
of the person until the civil penalty is paid or until the Secretary 
directs otherwise.
    ``(e) Penalties in Lieu of Other Actions.--Nothing in this Act 
requires the Secretary to report for prosecution, or for the 
institution of an action, a violation of this Act if the Secretary 
believes that the public interest will be adequately served by 
assessment of a civil penalty.
    ``(f) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.''.
                                 <all>