[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2532 Introduced in Senate (IS)]






107th CONGRESS
  2d Session
                                S. 2532

   To amend the Federal Meat Inspection Act and the Poultry Products 
   Inspection Act to improve the safety of meat and poultry products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2002

 Mr. Schumer introduced the following bill; which was read twice and 
        referred to the Committee on Agriculture, Nutrition, and 
        ForestryYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
   Inspection Act to improve the safety of meat and poultry products.

    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 ``Meat and Poultry Products Safety 
Improvement Act of 2002''.

SEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS.

    (a) Meat.--The Federal Meat Inspection Act is amended by inserting 
after section 8 (21 U.S.C. 608) the following:

``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS.

    ``(a) In General.--In order to protect the public health and 
promote food safety, the Secretary shall by regulation prescribe 
performance standards for the reduction of microbiological pathogens in 
meat and meat products processed by each establishment receiving 
inspection services under this Act.
    ``(b) Enforcement.--If the Secretary determines that an 
establishment fails to meet a standard established under subsection (a) 
and that the establishment fails to take actions necessary to meet the 
standard, as determined by the Secretary, the Secretary shall refuse to 
allow any meat or meat product subject to the standard and processed by 
the establishment to be labeled, marked, stamped, or tagged as 
`inspected and passed'.''.
    (b) Poultry.--The Poultry Products Inspection Act is amended by 
inserting after section 7 (21 U.S.C. 456) the following:

``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS.

    ``(a) In General.--In order to protect the public health and 
promote food safety, the Secretary shall by regulation prescribe 
performance standards for the reduction of microbiological pathogens in 
poultry and poultry products processed by each establishment receiving 
inspection services under this Act.
    ``(b) Enforcement.--If the Secretary determines that an 
establishment fails to meet a standard established under subsection (a) 
and that the establishment fails to take actions necessary to meet the 
standard, as determined by the Secretary, the Secretary shall refuse to 
allow any poultry or poultry product subject to the standard and 
processed by the establishment to be labeled, marked, stamped, or 
tagged as `inspected and passed'.''.
    (c) Effectiveness of Current Regulations.--Consistent with section 
553 of title 5, United States Code, the Secretary of Agriculture shall 
have the authority to enforce the microbiological performance standards 
of the Secretary in effect on January 1, 2000.

SEC. 3. LIVESTOCK AND POULTRY TRACEBACK.

    (a) Livestock.--Title I of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 25. LIVESTOCK TRACEBACK.

    ``(a) In General.--The Secretary shall, as the Secretary determines 
necessary, prescribe by regulation that cattle, sheep, swine, goats, 
horses, mules, and other equines presented for slaughter for human food 
purposes be identified in the manner prescribed by the Secretary to 
enable the Secretary to trace each animal to any premises at which the 
animal has been held for such period prior to slaughter that the 
Secretary determines necessary to carry out this Act.
    ``(b) Prohibition or Restriction on Entry.--The Secretary may 
prohibit or restrict entry into any slaughtering establishment 
inspected under this Act of any cattle, sheep, swine, goats, horses, 
mules, or other equines not identified as prescribed by the Secretary.
    ``(c) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation required to identify livestock 
        pursuant to subsection (a) maintain accurate records, as 
        prescribed by the Secretary, regarding the purchase, sale, and 
        identification of the livestock.
            ``(2) Access.--Each person, firm, and corporation described 
        in paragraph (1) shall, at all reasonable times, on notice by a 
        duly authorized representative of the Secretary, allow the 
        representative to access to each place of business of the 
        person, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(d) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, or 
to the Secretary, any information as to any premises at which any 
cattle, sheep, swine, goats, horses, mules, or other equines, or 
carcasses thereof, were held.
    ``(e) Alteration or Destruction of Records.--No person, firm, or 
corporation shall, without authorization from the Secretary, alter, 
detach, or destroy any records or other means of identification 
prescribed by the Secretary for use in determining the premises at 
which were held any cattle, sheep, swine, goats, horses, mules, or 
other equines, or the carcasses thereof.
    ``(f) Pathogens.--If the Secretary finds any human pathogen, 
disease, or any residue in any cattle, sheep, swine, goats, horses, 
mules, or other equines at the time they are presented for slaughter or 
in any carcasses, parts of carcasses, meat, or meat food product 
prepared in an official establishment and the Secretary finds that 
there is a reasonable probability that human consumption of any meat or 
meat food product containing the human pathogen, disease, or residue 
presents a threat to public health, the Secretary may prohibit or 
restrict the movement of any animals, carcasses, parts of carcasses, 
meat, meat food product, or any other article from any source of the 
human pathogen, disease, or residue until the Secretary determines that 
the human pathogen, disease, or residue at the source no longer 
presents a threat to public health.
    ``(g) Use of Common Methods.--The Secretary shall use any means of 
identification and recordkeeping methods used by producers or handlers 
of cattle, sheep, swine, goats, horses, mules, or other equines 
whenever the Secretary determines that such means of identification and 
recordkeeping methods will enable the Secretary to carry out this 
section.''.
    (b) Poultry.--The Poultry Products Inspection Act is amended by 
inserting after section 23 (21 U.S.C. 467e) the following:

``SEC. 23A. POULTRY TRACEBACK.

    ``(a) In General.--The Secretary shall, as the Secretary determines 
necessary, prescribe by regulation that poultry presented for slaughter 
for human food purposes be identified in the manner prescribed by the 
Secretary to enable the Secretary to trace each animal to any premises 
at which the animal has been held for such period prior to slaughter 
that the Secretary determines necessary to carry out this Act.
    ``(b) Prohibition or Restriction on Entry.--The Secretary may 
prohibit or restrict entry into any slaughtering establishment 
inspected under this Act of any poultry not identified as prescribed by 
the Secretary.
    ``(c) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation required to identify poultry 
        pursuant to subsection (a) maintain accurate records, as 
        prescribed by the Secretary, regarding the purchase, sale, and 
        identification of the poultry.
            ``(2) Access.--Each person, firm, and corporation described 
        in paragraph (1) shall, at all reasonable times, on notice by a 
        duly authorized representative of the Secretary, allow the 
        representative to access to each place of business of the 
        person, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(d) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, or 
to the Secretary, any information as to any premises at which any 
poultry, or carcasses thereof, were held.
    ``(e) Alteration or Destruction of Records.--No person, firm, or 
corporation shall, without authorization from the Secretary, alter, 
detach, or destroy any records or other means of identification 
prescribed by the Secretary for use in determining the premises at 
which were held any poultry or the carcasses thereof.
    ``(f) Pathogens.--If the Secretary finds any human pathogen, 
disease, or any residue in any poultry at the time the poultry is 
presented for slaughter or in any carcasses, parts of carcasses, 
poultry, or poultry food product prepared in an official establishment 
and the Secretary finds that there is a reasonable probability that 
human consumption of any poultry or poultry food product containing the 
human pathogen, disease, or residue presents a threat to public health, 
the Secretary may prohibit or restrict the movement of any animals, 
carcasses, parts of carcasses, poultry, poultry food product, or any 
other article from any source of the human pathogen, disease, or 
residue until the Secretary determines that the human pathogen, 
disease, or residue at the source no longer presents a threat to public 
health.
    ``(g) Use of Common Methods.--The Secretary shall use any means of 
identification and recordkeeping methods used by producers or handlers 
of poultry whenever the Secretary determines that such means of 
identification and recordkeeping methods will enable the Secretary to 
carry out this section.''.

SEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES.

    (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 
U.S.C. 661) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State 
shall report to the Secretary and the Secretary of Health and Human 
Services any outbreak of food borne pathogen illnesses from meat and 
meat products in the State.''.
    (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 
U.S.C. 454) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State 
shall report to the Secretary and the Secretary of Health and Human 
Services any outbreak of food borne pathogen illnesses from poultry and 
poultry products in the State.''.

SEC. 5. EMPLOYEE PROTECTION.

    (a) Meat.--The Federal Meat Inspection Act is amended by inserting 
after section 405 (21 U.S.C. 675) the following:

``SEC. 405A. EMPLOYEE PROTECTION.

    ``(a) In General.--No establishment at which inspection is 
maintained under this Act may harass, prosecute, hold liable, or 
discriminate against any employee or other person because the employee 
or other person--
            ``(1) is assisting or demonstrating an intent to assist in 
        achieving compliance with this Act (including any regulation);
            ``(2) is refusing to violate or assist in the violation of 
        this Act (including any regulation); or
            ``(3) has commenced, caused to be commenced, or is about to 
        commence a proceeding, has testified or is about to testify at 
        a proceeding, or has assisted or participated or is about to 
        participate in any manner in such a proceeding or in any other 
        action to carry out this Act.
    ``(b) Complaints.--Not later than 1 year after an alleged violation 
occurred, an employee or other person alleging a violation of this 
section, or another person at the request of the employee, may file a 
complaint with the Secretary.
    ``(c) Remedial Action.--If the Secretary determines, on the basis 
of a complaint, that an establishment violated subsection (a), the 
Secretary shall order the establishment to--
            ``(1) take affirmative action to abate the violation; and
            ``(2) pay compensatory damages, including back pay, to the 
        aggrieved employee or other person.''.
    (b) Poultry.--The Poultry Products Inspection Act is amended by 
inserting after section 12 (21 U.S.C. 461) the following:

``SEC. 12A. EMPLOYEE PROTECTION.

    ``(a) In General.--No establishment at which inspection is 
maintained under this Act may harass, prosecute, hold liable, or 
discriminate against any employee or other person because the employee 
or other person--
            ``(1) is assisting or demonstrating an intent to assist in 
        achieving compliance with this Act (including any regulation);
            ``(2) is refusing to violate or assist in the violation of 
        this Act (including any regulation); or
            ``(3) has commenced, caused to be commenced, or is about to 
        commence a proceeding, has testified or is about to testify at 
        a proceeding, or has assisted or participated or is about to 
        participate in any manner in such a proceeding or in any other 
        action to carry out this Act.
    ``(b) Complaints.--Not later than 1 year after an alleged violation 
occurred, an employee or other person alleging a violation of this 
section, or another person at the request of the employee, may file a 
complaint with the Secretary.
    ``(c) Remedial Action.--If the Secretary determines, on the basis 
of a complaint, that an establishment violated subsection (a), the 
Secretary shall order the establishment to--
            ``(1) take affirmative action to abate the violation; and
            ``(2) pay compensatory damages, including back pay, to the 
        aggrieved employee or other person.''.

SEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY.

    Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is 
amended by adding at the end the following:
    ``(c) Biological Threats to Food Supply.--The Secretary and the 
Secretary of Health and Human Services shall--
            ``(1) identify potential biological threats to the food 
        supply of the United States; and
            ``(2) prepare and (as necessary) implement a rapid response 
        plan to prevent or respond to the threats.''.

SEC. 7. STUDY OF RECRUITMENT OF INSPECTORS.

    (a) In General.--The Secretary of Agriculture shall conduct a study 
of means of improving the recruitment of individuals to serve as 
inspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), 
particularly in urban areas.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report on the results of the 
study conducted under subsection (a).

SEC. 8. RAPID DETECTION METHODS.

    (a) Study.--
            (1) In general.--The Secretary of Agriculture shall conduct 
        a study to determine whether chlorophyll detector technology, 
        or other rapid detection technologies, should be required to be 
        used by each establishment receiving inspection services under 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to 
        detect the presence of manure carrying E. coli bacteria and 
        other human pathogens in meat, meat products, poultry, and 
        poultry products.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Agriculture of the House of Representatives and 
        the Committee on Agriculture, Nutrition, and Forestry of the 
        Senate a report on the results of the study conducted under 
        paragraph (1).
    (b) Research and Development.--The Secretary may enter into 
contracts with qualified persons to carry out research on, and 
development of, technology described in subsection (a)(1).
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