[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1003 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 1003

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, and to amend the Federal Food, Drug, and 
 Cosmetic Act to expand enforcement options to include such penalties 
                   with respect to meat and poultry.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

  Mrs. Lowey (for herself, Mr. Thompson of Mississippi, Mr. Brown of 
Ohio, Ms. DeLauro, and Mr. George Miller of California) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committee on Energy and 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 expand the enforcement options under the Federal Meat Inspection Act 
 and the Poultry Products Inspection Act to include the imposition of 
    civil money penalties, and to amend the Federal Food, Drug, and 
 Cosmetic Act to expand enforcement options to include such penalties 
                   with respect to meat and poultry.

    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 Inspection 
Accountability Act''.

SEC. 2. CIVIL PENALTIES FOR VIOLATION OF MEAT AND POULTRY INSPECTION 
              LAWS.

    (a) Authority to Assess Penalties.--The Secretary of Agriculture 
may assess, by written order, a civil penalty against a person who 
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. Each violation, 
and each day during which a violation continues, shall be a separate 
offense.
    (b) Amount and Factors in Assessing Penalties.--The maximum amount 
that may be assessed under this section for a violation may not exceed 
$100,000. In determining the amount of the civil penalty, the Secretary 
of Agriculture shall take 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 the Federal Meat 
        Inspection Act or the Poultry Products Inspection Act.
    (c) 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.
    (d) Judicial Review.--
            (1) Review.--An order assessing a civil penalty against a 
        person under subsection (a) may be reviewed only in accordance 
        with this subsection.
            (2) Finality.--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.
            (3) Filing.--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.
    (e) 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.
    (f) 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.
    (g) 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.
    (h) Additional Remedies.--The remedies provided in this section 
shall be in addition to any other remedies that may be available.
    (i) Person Defined.--In this section, the term ``person'' means any 
individual, partnership, corporation, association, or other business 
unit.

SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT; CIVIL PENALTIES REGARDING 
              MEAT AND POULTRY.

    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) Any person who violates section 301 with respect to meat 
or poultry shall be liable to the United States for a civil penalty in 
an amount not to exceed $100,000. In determining the amount of the 
civil penalty, the Secretary shall take into account--
            ``(A) the gravity of the violation;
            ``(B) the degree of culpability;
            ``(C) the size and type of the business; and
            ``(D) any history of prior offenses under this Act with 
        respect to food.
    ``(2) Paragraphs (3) through (5) of subsection (g) apply with 
respect to a civil penalty under 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 subsection (g).''.
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