[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2767 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2767

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

                             August 5, 1999

Mrs. Lowey (for herself and Mr. Thompson of Mississippi) 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 FOR VIOLATION OF MEAT AND POULTRY INSPECTION 
              LAWS.

    (a) Authority to Access Penalties.--The Secretary of Agriculture 
may assess a civil penalty against a person that violates 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.), including a regulation 
promulgated or order issued under such Acts, of not more than $100,000 
for each violation. Each violation and each day during which a 
violation continues shall be a separate offense. The amount of the 
civil penalty shall be assessed by the Secretary by written order, 
taking into account--
            (1) the gravity of the violation;
            (2) the degree of culpability;
            (3) the size and type of the business; and
            (4) any history of prior offenses under such Acts.
    (b) Notice and Opportunity for Hearing.--The Secretary of 
Agriculture 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.
    (c) Judicial Review.--(1) An order assessing a civil penalty 
against a person under subsection (a) may be reviewed only in 
accordance with this subsection. The order 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 the United 
        States court of appeals for the circuit in which the person 
        resides or has its principal place of business or in 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) 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.
    (d) Collection Action for Failure To Pay Assessment.--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, who shall bring a civil action to 
recover the amount of the civil penalty in United States district 
court. In the collection action, the validity and appropriateness of 
the order of the Secretary of Agriculture imposing the civil penalty 
shall not be subject to review.
    (e) 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 of Agriculture may refuse to provide or withdraw inspection 
under title I of the Federal Meat Inspection Act or under the Poultry 
Products Inspection Act, as the case may be, until the civil penalty is 
paid or until the Secretary directs otherwise.
    (f) Penalties in Lieu of Other Actions.--Nothing in the Federal 
Meat Inspection Act or the Poultry Products Inspection Act requires the 
Secretary of Agriculture to report for prosecution, or for the 
institution of an action, a violation of such Act if the Secretary 
believes that the public interest will be adequately served by 
assessment of a civil penalty under this section.
    (g) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.
    (h) Person Defined.--In this section, the term ``person'' means any 
individual, partnership, corporation, association, or other business 
unit.
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