[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1465 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1465

 To consolidate in a single independent agency in the executive branch 
 the responsibilities regarding food safety, labeling, and inspection 
           currently divided among several Federal agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Durbin  (for himself and Mr. Torricelli) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To consolidate in a single independent agency in the executive branch 
 the responsibilities regarding food safety, labeling, and inspection 
           currently divided among several Federal agencies.

    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 ``Safe Food Act of 1997''.

SEC. 2. PURPOSES.

    It is the purpose of this Act--
            (1) to establish a single agency, the Food Safety 
        Administration, to regulate food safety and labeling and to 
        conduct food safety inspections to ensure, with reasonable 
        certainty, that no harm will result from the consumption of 
        food by preventing food-borne illnesses due to microbial, 
        natural, or chemical hazards in food; and
            (2) to transfer to the Food Safety Administration the food 
        safety, labeling, and inspection functions currently performed 
        by other Federal agencies.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Administration.--The term ``Administration'' means the 
        Food Safety Administration established under section 4.
            (2) Food safety laws.--The term ``food safety laws'' 
        means--
                    (A) the Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.);
                    (B) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.);
                    (C) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.);
                    (D) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.), with regard to food safety, 
                labeling, and inspection under that Act;
                    (E) the food safety responsibilities under the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136 et seq.); and
                    (F) such other laws and portions of laws regarding 
                food safety, labeling, and inspection that the 
                President considers appropriate to consolidate under 
                the administration of the Administration.

SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.

    (a) Establishment of Administration.--There is established in the 
executive branch an agency to be known as the ``Food Safety 
Administration''. The Administration shall be an independent 
establishment, as defined in section 104 of title 5, United States 
Code.
    (b) Responsibilities of Administration.--The Administration shall 
be responsible for the administration and enforcement of the food 
safety laws.

SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES 
              AND AGENCIES.

    (a) Termination.--As soon as possible after the effective date of 
this Act, the President shall terminate the Federal agencies specified 
in subsection (b) to the extent that the activities of such agencies 
relate to the administration or enforcement of the food safety laws.
    (b) Covered Agencies.--The Federal agencies referred to in 
subsection (a) are the following:
            (1) The Food Safety and Inspection Service of the 
        Department of Agriculture.
            (2) The Center for Food Safety and Applied Nutrition of the 
        Food and Drug Administration.
            (3) The Center for Veterinary Medicine of the Food and Drug 
        Administration.
            (4) The National Marine Fisheries Service of the National 
        Oceanic and Atmospheric Administration of the Department of 
        Commerce.
            (5) The Office of Pesticide Programs under the Assistant 
        Administrator of the Environmental Protection Agency for 
        Prevention, Pesticides, and Toxic Substances.
            (6) Such other offices, services, or agencies as the 
        President may designate to further the purposes of this Act.
    (c) Transfer of Assets and Funds.--Consistent with section 1531 of 
title 31, United States Code, the personnel, assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds of a 
Federal agency terminated in whole or in part under subsection (a) that 
are used in connection with the administration or enforcement of the 
food safety laws shall be transferred to the Administration upon the 
termination of the Federal agency. Unexpended funds transferred 
pursuant to this subsection shall be used by the Administration only 
for the purposes for which the funds were originally authorized and 
appropriated.
    (d) References.--After the termination of a Federal agency under 
subsection (a), any reference in any other Federal law, Executive 
order, rule, regulation, document, or other material to that Federal 
agency or the head of that agency in connection with the administration 
or enforcement of the food safety laws shall be deemed to be a 
reference to the Administration.
    (e) Savings Provisions.--The termination of a Federal agency under 
subsection (a) shall not affect--
            (1) an order, determination, rule, regulation, permit, 
        agreement, grant, contract, certificate, license, registration, 
        privilege, or other administrative action issued, made, 
        granted, or otherwise in effect with respect to that agency 
        before the termination date regarding functions transferred to 
        the Administration under this Act; and
            (2) any suit commenced before the termination of that 
        agency, any other proceeding (including a notice of proposed 
        rulemaking), or any application for any license, permit, 
        certificate, or financial assistance pending before that agency 
        with respect to functions transferred to the Administration 
        under this Act.

SEC. 6. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.

    For the first fiscal year beginning after the date of enactment of 
this Act, the amount authorized to be appropriated to carry out this 
Act shall not exceed the amount appropriated for fiscal year 1998 for 
the Federal agencies to be terminated under section 5(a) to administer 
the food safety laws.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the earlier of--
            (1) the date that is 180 days after the date of enactment 
        of this Act; and
            (2) such date during that 180-day period as the President 
        may direct in an Executive order.
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