[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3377 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3377

  To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat 
Inspection Act, and the Poultry Products Inspection Act to require that 
   food that contains a genetically engineered material, or that is 
      produced with a genetically engineered material, be labeled 
                              accordingly.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1999

 Mr. Kucinich (for himself, Mr. Metcalf, Mr. Bonior, Mr. DeFazio, Mr. 
Sanders, Mr. Smith of New Jersey, Mr. Doyle, Mr. Lipinski, Mr. Brown of 
Ohio, Mr. Hinchey, Ms. Schakowsky, Ms. Norton, Mr. Stark, Ms. Woolsey, 
  Mrs. Mink of Hawaii, Mr. Martinez, Mr. McDermott, Ms. Lee, and Ms. 
   Waters) introduced the following bill; which was referred to the 
Committee on Agriculture, and in addition to the Committee on Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat 
Inspection Act, and the Poultry Products Inspection Act to require that 
   food that contains a genetically engineered material, or that is 
      produced with a genetically engineered material, be labeled 
                              accordingly.

    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 ``Genetically 
Engineered Food Right to Know Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Labeling regarding genetically engineered material; amendments 
                            to Federal Food, Drug, and Cosmetic Act.
Sec. 4. Labeling regarding genetically engineered material; amendments 
                            to Federal Meat Inspection Act.
Sec. 5. Labeling regarding genetically engineered material; amendments 
                            to Poultry Products Inspection Act.
Sec. 6. Effective date.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The process of genetically engineering foods results in 
        the material change of such foods.
            (2) The Congress has previously required that all foods 
        bear labels that reveal material facts to consumers.
            (3) Federal agencies have failed to uphold Congressional 
        intent by allowing genetically engineered foods to be marketed, 
        sold and otherwise used without labeling that reveals material 
        facts to the public.
            (4) Consumers wish to know whether the food they purchase 
        and consume contains or is produced with a genetically 
        engineered material for a variety of reasons, including the 
        potential transfer of allergens into food and other health 
        risks, concerns about potential environmental risks associated 
        with the genetic engineering of crops, and religiously and 
        ethically based dietary restrictions.
            (5) Consumers have a right to know whether the food they 
        purchase contains or was produced with genetically engineered 
        material.
            (6) Reasonably available technology permits the detection 
        in food of genetically engineered material, generally 
        acknowledged to be as low as 0.1 percent.

SEC. 3. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; AMENDMENTS 
              TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following paragraph:
    ``(t)(1) If it contains a genetically engineered material, or was 
produced with a genetically engineered material, unless it bears a 
label (or labeling, in the case of a raw agricultural commodity, other 
than the sale of such a commodity at retail) that provides notices in 
accordance with the following:
            ``(A) A notice as follows: `GENETICALLY ENGINEERED'.
            ``(B) A notice as follows: `UNITED STATES GOVERNMENT 
        NOTICE: THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED 
        MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED 
        MATERIAL'.
            ``(C) The notice required in clause (A) immediately 
        precedes the notice required in clause (B) and is not less than 
        twice the size of the notice required in clause (B).
            ``(D) The notice required in clause (B) is of the same size 
        as would apply if the notice provided nutrition information 
        that is required in paragraph (q)(1).
            ``(E) The notices required in clauses (A) and (B) are 
        clearly legible and conspicuous.
    ``(2) For purposes of subparagraph (1):
            ``(A) The term `genetically engineered material' means 
        material derived from any part of a genetically engineered 
        organism, without regard to whether the altered molecular or 
        cellular characteristics of the organism are detectable in the 
        material.
            ``(B) The term `genetically engineered organism' means--
                    ``(i) an organism that has been altered at the 
                molecular or cellular level by means that are not 
                possible under natural conditions or processes 
                (including but not limited to recombinant DNA and RNA 
                techniques, cell fusion, microencapsulation, 
                macroencapsulation, gene deletion and doubling, 
                introducing a foreign gene, and changing the positions 
                of genes), other than a means consisting exclusively of 
                breeding, conjugation, fermentation, hybridization, in 
                vitro fertilization, or tissue culture, and
                    ``(ii) an organism made through sexual or asexual 
                reproduction (or both) involving an organism described 
                in subclause (i), if possessing any of the altered 
                molecular or cellular characteristics of the organism 
                so described.
    ``(3) For purposes of subparagraph (1), a food shall be considered 
to have been produced with a genetically engineered material if--
            ``(A) the organism from which the food is derived has been 
        injected or otherwise treated with a genetically engineered 
        material (except that the use of manure as a fertilizer for raw 
        agricultural commodities may not be construed to mean that such 
        commodities are produced with a genetically engineered 
        material);
            ``(B) the animal from which the food is derived has been 
        fed genetically engineered material, or
            ``(C) the food contains an ingredient that is a food to 
        which clause (A) or (B) applies.
    ``(4) This paragraph does not apply to food that--
            ``(A) is served in restaurants or other establishments in 
        which food is served for immediate human consumption,
            ``(B) is processed and prepared primarily in a retail 
        establishment, is ready for human consumption, which is of the 
        type described in clause (A), and is offered for sale to 
        consumers but not for immediate human consumption in such 
        establishment and is not offered for sale outside such 
        establishment, or
            ``(C) is a medical food as defined in section 5(b) of the 
        Orphan Drug Act.''.
    (b) Civil Penalties.--Section 303 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the 
following subsection:
    ``(h)(1) With respect to a violation of section 301(a), 301(b), or 
301(c) involving the misbranding of food within the meaning of section 
403(t), any person engaging in such a violation shall be liable to the 
United States for a civil penalty in an amount not to exceed $100,000 
for each such violation.
    ``(2) Paragraphs (3) through (5) of subsection (g) apply with 
respect to a civil penalty under paragraph (1) of this subsection to 
the same extent and in the same manner as such paragraphs (3) through 
(5) apply with respect to a civil penalty under paragraph (1) or (2) of 
subsection (g).''.
    (c) Guaranty.--
            (1) In general.--Section 303(d) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 333(d)) is amended--
                    (A) by striking ``(d)'' and inserting ``(d)(1)''; 
                and
                    (B) by adding at the end the following paragraph:
    ``(2)(A) No person shall be subject to the penalties of subsection 
(a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c) 
involving the misbranding of food within the meaning of section 403(t) 
if such person (referred to in this paragraph as the `recipient') 
establishes a guaranty or undertaking signed by, and containing the 
name and address of, the person residing in the United States from whom 
the recipient received in good faith the food (including the receipt of 
seeds to grow raw agricultural commodities), to the effect that (within 
the meaning of section 403(t)) the food does not contain a genetically 
engineered material or was not produced with a genetically engineered 
material.
    ``(B) In the case of a recipient who with respect to a food 
establishes a guaranty or undertaking in accordance with subparagraph 
(A), the exclusion under such subparagraph from being subject to 
penalties applies to the recipient without regard to the use of the 
food by the recipient, including--
            ``(i) processing the food,
            ``(ii) using the food as an ingredient in a food product,
            ``(iii) repacking the food, or
            ``(iv) growing, raising, or otherwise producing the 
        food.''.
            (2) False guaranty.--Section 301(h) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
        inserting ``or 303(d)(2)'' after ``303(c)(2)''.
    (d) Unintended Contamination.--Section 303(d) of the Federal Food, 
Drug, and Cosmetic Act, as amended by subsection (c)(1) of this 
section, is amended by adding at the end the following paragraph:
    ``(3)(A) No person shall be subject to the penalties of subsection 
(a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c) 
involving the misbranding of food within the meaning of section 403(t) 
if--
            ``(i) such person is an agricultural producer and the 
        violation occurs because food that is grown, raised, or 
        otherwise produced by such producer, which food does not 
        contain a genetically engineered material and was not produced 
        with a genetically engineered material, is contaminated with a 
        food that contains a genetically engineered material or was 
        produced with a genetically engineered material (including 
        contamination by mingling the two), and
            ``(ii) such contamination is not intended by the 
        agricultural producer.
    ``(B) Subparagraph (A) does not apply to an agricultural producer 
to the extent that the contamination occurs as a result of the 
negligence of the producer.''.

SEC. 4. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; AMENDMENTS 
              TO FEDERAL MEAT INSPECTION ACT.

    (a) Requirements.--The Federal Meat Inspection Act is amended by 
inserting after section 7 (21 U.S.C. 607) the following section:

``SEC. 7A. REQUIREMENTS FOR LABELING REGARDING GENETICALLY ENGINEERED 
              MATERIAL.

    ``(a) Definitions.--In this section:
            ``(1) The term `meat food' means a carcass, part of a 
        carcass, meat, or meat food product that is derived from 
        cattle, sheep, swine, goats, horses, mules, or other equines 
        and is capable of use as human food.
            ``(2) The term `genetically engineered material' means 
        material derived from any part of a genetically engineered 
        organism, without regard to whether the altered molecular or 
        cellular characteristics of the organism are detectable in the 
        material (and without regard to whether the organism is capable 
        of use as human food).
            ``(3) The term `genetically engineered organism' means--
                    ``(A) an organism that has been altered at the 
                molecular or cellular level by means that are not 
                possible under natural conditions or processes 
                (including but not limited to recombinant DNA and RNA 
                techniques, cell fusion, microencapsulation, 
                macroencapsulation, gene deletion and doubling, 
                introducing a foreign gene, and changing the positions 
                of genes), other than a means consisting exclusively of 
                breeding, conjugation, fermentation, hybridization, in 
                vitro fertilization, or tissue culture; and
                    ``(B) an organism made through sexual or asexual 
                reproduction (or both) involving an organism described 
                in subparagraph (A), if possessing any of the altered 
                molecular or cellular characteristics of the organism 
                so described.
    ``(b) Labeling Requirement.--
            ``(1) Required labeling to avoid misbranding.--For purposes 
        of sections 1(n) and 10, a meat food is misbranded if it--
                    ``(A) contains a genetically engineered material or 
                was produced with a genetically engineered material; 
                and
                    ``(B) does not bear a label (or include labeling, 
                in the case of a meat food that is not packaged in a 
                container) that provides, in a clearly legible and 
                conspicuous manner, the notices described in subsection 
                (c).
            ``(2) Rule of construction.--For purposes of paragraph 
        (1)(A), a meat food shall be considered to have been produced 
        with a genetically engineered material if--
                    ``(A) the organism from which the food is derived 
                has been injected or otherwise treated with a 
                genetically engineered material;
                    ``(B) the animal from which the food is derived has 
                been fed genetically engineered material; or
                    ``(C) the food contains an ingredient that is a 
                food to which subparagraph (A) or (B) applies.
    ``(c) Specifics of Label Notices.--
            ``(1) Required notices.--The notices referred to in 
        subsection (b)(1)(B) are the following:
                    ``(A) A notice as follows: `GENETICALLY 
                ENGINEERED'.
                    ``(B) A notice as follows: `UNITED STATES 
                GOVERNMENT NOTICE: THIS PRODUCT CONTAINS A GENETICALLY 
                ENGINEERED MATERIAL, OR WAS PRODUCED WITH A GENETICALLY 
                ENGINEERED MATERIAL'.
            ``(2) Location and size.--(A) The notice required in 
        paragraph (1)(A) shall immediately precede the notice required 
        in paragraph (1)(B) and shall be not less than twice the size 
        of the notice required in paragraph (1)(B).
            ``(B) The notice required in paragraph (1)(B) shall be of 
        the same size as would apply if the notice provided nutrition 
        information that is required in section 403(q)(1) of the 
        Federal Food, Drug, and Cosmetic Act.
    ``(d) Exceptions to Requirements.--Subsection (a) does not apply to 
any meat food that--
            ``(1) is served in restaurants or other establishments in 
        which food is served for immediate human consumption; or
            ``(2) is processed and prepared primarily in a retail 
        establishment, is ready for human consumption, is offered for 
        sale to consumers but not for immediate human consumption in 
        such establishment, and is not offered for sale outside such 
        establishment.
    ``(e) Guaranty.--
            ``(1) In general.--A packer, processor, or other person 
        shall not be considered to have violated the requirements of 
        this section with respect to the labeling of meat food if the 
        packer, processor, or other person (referred to in this 
        subsection as the `recipient') establishes a guaranty or 
        undertaking signed by, and containing the name and address of, 
        the person residing in the United States from whom the 
        recipient received in good faith the meat food or the animal 
        from which the meat food was derived, or received in good faith 
        food intended to be fed to such animal, to the effect that the 
        meat food, or such animal, or such food, respectively, does not 
        contain genetically engineered material or was not produced 
        with a genetically engineered material.
            ``(2) Scope of guaranty.--In the case of a recipient who 
        establishes a guaranty or undertaking in accordance with 
        paragraph (1), the exclusion under such paragraph from being 
        subject to penalties applies to the recipient without regard to 
        the use of the meat food by the recipient (or the use by the 
        recipient of the animal from which the meat food was derived, 
        or of food intended to be fed to such animal), including--
                    ``(A) processing the meat food;
                    ``(B) using the meat food as an ingredient in 
                another food product;
                    ``(C) packing or repacking the meat food; or
                    ``(D) raising the animal from which the meat food 
                was derived.
            ``(3) False guaranty.--It is a violation of this Act for a 
        person to give a guaranty or undertaking in accordance with 
        paragraph (1) that the person knows or has reason to know is 
        false.
    ``(f) Civil Penalties.--
            ``(1) In general.--The Secretary may assess a civil penalty 
        against a person that violates subsection (b) or (c)(3) in an 
        amount not to exceed $100,000 for each such violation.
            ``(2) Notice and opportunity for hearing.--A civil penalty 
        under paragraph (1) shall be assessed by the Secretary by an 
        order made on the record after opportunity for a hearing 
        provided in accordance with this subparagraph 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 under such order of the Secretary's 
        proposal to issue such order and provide such person an 
        opportunity for a hearing on the order. In the course of any 
        investigation, the Secretary may issue subpoenas requiring the 
        attendance and testimony of witnesses and the production of 
        evidence that relates to the matter under investigation.
            ``(3) Considerations regarding amount of penalty.--In 
        determining the amount of a civil penalty under paragraph (1), 
        the 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 such 
        other matters as justice may require.
            ``(4) Certain authorities.--The Secretary may compromise, 
        modify, or remit, with or without conditions, any civil penalty 
        under paragraph (1). 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.
            ``(5) Judicial review.--Any person who requested, in 
        accordance with paragraph (2), a hearing respecting the 
        assessment of a civil penalty under paragraph (1) and who is 
        aggrieved by an order assessing a civil penalty may file a 
        petition for judicial review of such order with the United 
        States Court of Appeals for the District of Columbia Circuit or 
        for any other circuit in which such person resides or transacts 
        business. Such a petition may only be filed within the 60-day 
        period beginning on the date the order making such assessment 
        was issued.
            ``(6) Failure to pay.--If a person fails to pay an 
        assessment of a civil penalty--
                    ``(A) after the order making the assessment becomes 
                final, and if such person does not file a petition for 
                judicial review of the order in accordance with 
                paragraph (5); or
                    ``(B) after a court in an action brought under 
                paragraph (4) has entered a final judgment in favor of 
                the Secretary;
            the Attorney General shall recover the amount assessed 
        (plus interest at currently prevailing rates from the date of 
        the expiration of the 60-day period referred to in paragraph 
        (5) or the date of such final judgment, as the case may be) in 
        an action brought in any appropriate district court of the 
        United States. In such an action, the validity, amount, and 
        appropriateness of such penalty shall not be subject to 
        review.''.
    (b) Inclusion of Labeling Requirements in Definition of 
Misbranded.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 
601(n)) is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following paragraph:
            ``(13) if it fails to bear a label or labeling as required 
        by section 7A.''.

SEC. 5. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; AMENDMENTS 
              TO POULTRY PRODUCTS INSPECTION ACT.

    The Poultry Products Inspection Act is amended by inserting after 
section 8 (21 U.S.C. 457) the following section:

``SEC. 8A. REQUIREMENTS FOR LABELING REGARDING GENETICALLY ENGINEERED 
              MATERIAL.

    ``(a) Definitions.--In this section:
            ``(1) The term `genetically engineered material' means 
        material derived from any part of a genetically engineered 
        organism, without regard to whether the altered molecular or 
        cellular characteristics of the organism are detectable in the 
        material (and without regard to whether the organism is capable 
        of use as human food).
            ``(2) The term `genetically engineered organism' means--
                    ``(A) an organism that has been altered at the 
                molecular or cellular level by means that are not 
                possible under natural conditions or processes 
                (including but not limited to recombinant DNA and RNA 
                techniques, cell fusion, microencapsulation, 
                macroencapsulation, gene deletion and doubling, 
                introducing a foreign gene, and changing the positions 
                of genes), other than a means consisting exclusively of 
                breeding, conjugation, fermentation, hybridization, in 
                vitro fertilization, or tissue culture; and
                    ``(B) an organism made through sexual or asexual 
                reproduction (or both) involving an organism described 
                in subparagraph (A), if possessing any of the altered 
                molecular or cellular characteristics of the organism 
                so described.
    ``(b) Labeling Requirement.--
            ``(1) Required labeling to avoid misbranding.--For purposes 
        of sections 4(h) and 9(a), a poultry product is misbranded if 
        it--
                    ``(A) contains a genetically engineered material or 
                was produced with a genetically engineered material; 
                and
                    ``(B) does not bear a label (or include labeling, 
                in the case of a poultry product that is not packaged 
                in a container) that provides, in a clearly legible and 
                conspicuous manner, the notices described in subsection 
                (c).
            ``(2) Rule of construction.--For purposes of paragraph 
        (1)(A), a poultry product shall be considered to have been 
        produced with a genetically engineered material if--
                    ``(A) the poultry from which the food is derived 
                has been injected or otherwise treated with a 
                genetically engineered material;
                    ``(B) the poultry from which the food is derived 
                has been fed genetically engineered material; or
                    ``(C) the food contains an ingredient that is a 
                food to which subparagraph (A) or (B) applies.
    ``(c) Specifics of Label Notices.--
            ``(1) Required notices.--The notices referred to in 
        subsection (b)(1)(B) are the following:
                    ``(A) A notice as follows: `GENETICALLY 
                ENGINEERED'.
                    ``(B) A notice as follows: `UNITED STATES 
                GOVERNMENT NOTICE: THIS PRODUCT CONTAINS A GENETICALLY 
                ENGINEERED MATERIAL, OR WAS PRODUCED WITH A GENETICALLY 
                ENGINEERED MATERIAL'.
            ``(2) Location and size.--(A) The notice required in 
        paragraph (1)(A) shall immediately precede the notice required 
        in paragraph (1)(B) and shall be not less than twice the size 
of the notice required in paragraph (1)(B).
            ``(B) The notice required in paragraph (1)(B) shall be of 
        the same size as would apply if the notice provided nutrition 
        information that is required in section 403(q)(1) of the 
        Federal Food, Drug, and Cosmetic Act.
    ``(d) Exceptions to Requirements.--Subsection (a) does not apply to 
any poultry product that--
            ``(1) is served in restaurants or other establishments in 
        which food is served for immediate human consumption; or
            ``(2) is processed and prepared primarily in a retail 
        establishment, is ready for human consumption, is offered for 
        sale to consumers but not for immediate human consumption in 
        such establishment, and is not offered for sale outside such 
        establishment.
    ``(e) Guaranty.--
            ``(1) In general.--An official establishment or other 
        person shall not be considered to have violated the 
        requirements of this section with respect to the labeling of a 
        poultry product if the official establishment or other person 
        (referred to in this subsection as the `recipient') establishes 
        a guaranty or undertaking signed by, and containing the name 
        and address of, the person residing in the United States from 
        whom the recipient received in good faith the poultry product 
        or the poultry from which the poultry product was derived, or 
        received in good faith food intended to be fed to poultry, to 
        the effect that the poultry product, poultry, or such food, 
        respectively, does not contain genetically engineered material 
        or was not produced with a genetically engineered material.
            ``(2) Scope of guaranty.--In the case of a recipient who 
        establishes a guaranty or undertaking in accordance with 
        paragraph (1), the exclusion under such paragraph from being 
        subject to penalties applies to the recipient without regard to 
        the use of the poultry product by the recipient (or the use by 
        the recipient of the poultry from which the poultry product was 
        derived, or of food intended to be fed to such poultry), 
        including--
                    ``(A) processing the poultry;
                    ``(B) using the poultry product as an ingredient in 
                another food product;
                    ``(C) packing or repacking the poultry product; or
                    ``(D) raising the poultry from which the poultry 
                product was derived.
            ``(3) False guaranty.--It is a violation of this Act for a 
        person to give a guaranty or undertaking in accordance with 
        paragraph (1) that the person knows or has reason to know is 
        false.
    ``(f) Civil Penalties.--
            ``(1) In general.--The Secretary may assess a civil penalty 
        against a person that violates subsection (b) or (c)(3) in an 
        amount not to exceed $100,000 for each such violation.
            ``(2) Notice and opportunity for hearing.--A civil penalty 
        under paragraph (1) shall be assessed by the Secretary by an 
        order made on the record after opportunity for a hearing 
        provided in accordance with this subparagraph 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 under such order of the Secretary's 
        proposal to issue such order and provide such person an 
        opportunity for a hearing on the order. In the course of any 
        investigation, the Secretary may issue subpoenas requiring the 
        attendance and testimony of witnesses and the production of 
        evidence that relates to the matter under investigation.
            ``(3) Considerations regarding amount of penalty.--In 
        determining the amount of a civil penalty under paragraph (1), 
        the 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 such 
        other matters as justice may require.
            ``(4) Certain authorities.--The Secretary may compromise, 
        modify, or remit, with or without conditions, any civil penalty 
        under paragraph (1). 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.
            ``(5) Judicial review.--Any person who requested, in 
        accordance with paragraph (2), a hearing respecting the 
        assessment of a civil penalty under paragraph (1) and who is 
        aggrieved by an order assessing a civil penalty may file a 
        petition for judicial review of such order with the United 
        States Court of Appeals for the District of Columbia Circuit or 
        for any other circuit in which such person resides or transacts 
        business. Such a petition may only be filed within the 60-day 
        period beginning on the date the order making such assessment 
        was issued.
            ``(6) Failure to pay.--If a person fails to pay an 
        assessment of a civil penalty--
                    ``(A) after the order making the assessment becomes 
                final, and if such person does not file a petition for 
                judicial review of the order in accordance with 
                paragraph (5); or
                    ``(B) after a court in an action brought under 
                paragraph (4) has entered a final judgment in favor of 
                the Secretary;
            the Attorney General shall recover the amount assessed 
        (plus interest at currently prevailing rates from the date of 
        the expiration of the 60-day period referred to in paragraph 
        (5) or the date of such final judgment, as the case may be) in 
        an action brought in any appropriate district court of the 
        United States. In such an action, the validity, amount, and 
        appropriateness of such penalty shall not be subject to 
        review.''.
    (b) Inclusion of Labeling Requirements in Definition of 
Misbranded.--Section 4(h) of the Poultry Products Inspection Act (21 
U.S.C. 453(h)) is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following paragraph:
            ``(13) if it fails to bear a label or labeling as required 
        by section 8A.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect upon the 
expiration of the 180-day period beginning on the date of the enactment 
of this Act.
                                 <all>