[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3127

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to authorize the Secretary of Agriculture to order the 
    recall of meat and poultry that is adulterated, misbranded, or 
                           otherwise unsafe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2001

   Mr. Udall of New Mexico introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to authorize the Secretary of Agriculture to order the 
    recall of meat and poultry that is adulterated, misbranded, or 
                           otherwise unsafe.

    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 ``Unsafe Meat and Poultry Recall Act 
of 2001''.

SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.

    (a) Mandatory Recalls Authorized.--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 
        412; and
            (2) by inserting after section 410 (21 U.S.C. 679a) the 
        following new section:

``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, 
              MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS.

    ``(a) Meat Product Defined.--In this section, the term `meat 
product' means a carcass, part of a carcass, meat, or meat food product 
of cattle, sheep, swine, goats, horses, mules, or other equines covered 
by this Act.
    ``(b) Notification Required.--
            ``(1) Notice to secretary.--A person that has reason to 
        believe that a meat product transported, stored, distributed, 
        or otherwise handled by the person is adulterated, misbranded, 
        or otherwise in violation of this Act 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 meat product.
            ``(2) Exceptions.--The requirement to notify the Secretary 
        under paragraph (1) does not extend to household consumers of 
        meat products and to such other persons as the Secretary may 
        exempt.
    ``(c) Voluntary Nondistribution and Recall.--If the Secretary finds 
that a meat product is adulterated, misbranded, or otherwise in 
violation of this Act and that there is a reasonable probability that 
human consumption of the meat product may present a threat to public 
health, the Secretary shall provide all appropriate persons, as 
determined by the Secretary, that transported, stored, distributed, or 
otherwise handled the meat product with an opportunity to--
            ``(1) cease distribution of the meat product;
            ``(2) notify all persons transporting, storing, 
        distributing, or otherwise handling the meat product, or to 
        which the meat product has been transported, sold, distributed, 
        or otherwise handled, to immediately cease distribution of the 
        meat product;
            ``(3) recall the meat product; and
            ``(4) in consultation with the Secretary, provide notice to 
        consumers to whom the meat product is, or may have been, 
        distributed.
    ``(d) Mandatory Actions.--If a person refuses to or does not 
voluntarily take the actions described in subsection (c) with respect 
to a meat product within the time and in the manner prescribed by the 
Secretary, the Secretary may, by order, require the person to 
immediately--
            ``(1) cease distribution of the meat product;
            ``(2) notify all persons transporting, storing, 
        distributing, or otherwise handling the meat product, or to 
        which the meat product has been transported, sold, distributed, 
        or otherwise handled, to immediately cease distribution of the 
        meat product; and
            ``(3) recall the meat product or take other appropriate 
        action.
    ``(e) Notice to Consumers.--Whenever the Secretary orders a 
mandatory action under subsection (d), the Secretary shall also provide 
notice to consumers to whom the meat product was, or may have been, 
distributed, to the extent the Secretary considers necessary.
    ``(f) Nondistribution by Notified Persons.--A person transporting, 
storing, distributing, or otherwise handling a meat product, or to 
which a meat product has been transported, sold, distributed, or 
otherwise handled, that receives notification under subsection (c) or 
(d) shall immediately cease distribution of the meat product.
    ``(g) Vacation of Order.--If, after providing an opportunity for a 
hearing on the record, the Secretary determines that adequate grounds 
do not exist to continue the mandatory actions required by an order 
issued under subsection (d), the Secretary shall vacate the order.
    ``(h) Additional Remedies.--The remedies provided in this section 
are in addition to any other remedies that may be available.''.
    (b) Definition of Person.--(1) Section 1 of the Federal Meat 
Inspection Act (21 U.S.C. 601) is amended by adding at the end the 
following new subsection:
    ``(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. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.

    (a) Mandatory Recalls Authorized.--The Poultry Products Inspection 
Act (21 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, 
              MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS.

    ``(a) Notification Required.--
            ``(1) Notice to secretary.--A person that has reason to 
        believe that a poultry product transported, stored, 
        distributed, or otherwise handled by the person is adulterated, 
        misbranded, or otherwise in violation of this Act 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 poultry product.
            ``(2) Exceptions.--The requirement to notify the Secretary 
        under paragraph (1) does not extend to household consumers of 
        poultry products and to such other persons as the Secretary may 
        exempt.
    ``(b) Voluntary Nondistribution and Recall.--If the Secretary finds 
that a poultry product is adulterated, misbranded, or otherwise in 
violation of this Act and that there is a reasonable probability that 
human consumption of the poultry product may present a threat to public 
health, the Secretary shall provide all appropriate persons, as 
determined by the Secretary, that transported, stored, distributed, or 
otherwise handled the poultry product with an opportunity to--
            ``(1) cease distribution of the poultry product;
            ``(2) notify all persons transporting, storing, 
        distributing, or otherwise handling the poultry product, or to 
        which the poultry product has been transported, sold, 
        distributed, or otherwise handled, to immediately cease 
        distribution of the poultry product;
            ``(3) recall the poultry product; and
            ``(4) in consultation with the Secretary, provide notice to 
        consumers to whom the poultry product is, or may have been, 
        distributed.
    ``(c) Mandatory Actions.--If a person refuses to or does not 
voluntarily take the actions described in subsection (b) with respect 
to a poultry product within the time and in the manner prescribed by 
the Secretary, the Secretary may, by order, require the person to 
immediately--
            ``(1) cease distribution of the poultry product;
            ``(2) notify all persons transporting, storing, 
        distributing, or otherwise handling the poultry product, or to 
        which the poultry product has been transported, sold, 
        distributed, or otherwise handled, to immediately cease 
        distribution of the poultry product; and
            ``(3) recall the poultry product or take other appropriate 
        action.
    ``(d) Notice to Consumers.--Whenever the Secretary orders a 
mandatory action under subsection (c), the Secretary shall also provide 
notice to consumers to whom the poultry product was, or may have been, 
distributed, to the extent the Secretary considers necessary.
    ``(e) Nondistribution by Notified Persons.--A person transporting, 
storing, distributing, or otherwise handling a poultry product, or to 
which a poultry product has been transported, sold, distributed, or 
otherwise handled, that receives notification under subsection (b) or 
(c) shall immediately cease distribution of the poultry product.
    ``(f) Vacation of Order.--If, after providing an opportunity for a 
hearing on the record, the Secretary determines that adequate grounds 
do not exist to continue the mandatory actions required by an order 
issued under subsection (c), the Secretary shall vacate the order.
    ``(g) Additional Remedies.--The remedies provided in this section 
are in addition to any other remedies that may be available.''.
                                 <all>