[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1103

 To clarify the authority of the Secretary of Agriculture to prescribe 
  performance standards for the reduction of pathogens in meat, meat 
  products, poultry, and poultry products processed by establishments 
 receiving inspection services and to enforce the Hazard Analysis and 
    Critical Control Point (HACCP) System requirements, sanitation 
              requirements, and the performance standards.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

    Mr. Harkin (for himself, Mr. Specter, Mr. Kohl, Mr. Durbin, Mr. 
Feingold, Mrs. Clinton, and Mr. Schumer) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To clarify the authority of the Secretary of Agriculture to prescribe 
  performance standards for the reduction of pathogens in meat, meat 
  products, poultry, and poultry products processed by establishments 
 receiving inspection services and to enforce the Hazard Analysis and 
    Critical Control Point (HACCP) System requirements, sanitation 
              requirements, and the performance standards.

    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 Pathogen Reduction 
and Enforcement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the primary purpose of the Federal meat and poultry 
        inspection program is to protect public health;
            (2) the Centers for Disease Control and Prevention report 
        that human pathogens found in raw and cooked meat, meat 
        products, poultry, and poultry products are a significant 
        source of foodborne illness;
            (3) to reduce the public health burden of foodborne 
        illness, the Federal meat and poultry inspection system should 
        focus on reducing the risk of foodborne illness associated with 
        the presence of foodborne pathogens through--
                    (A) establishment and enforcement of performance 
                standards for the reduction of pathogens in meat, meat 
                products, poultry, and poultry products processed by 
                establishments receiving inspection services; and
                    (B) enforcement of the Hazard Analysis and Critical 
                Control Point (HACCP) System requirements and 
                sanitation requirements;
            (4) good public health practice requires controlling 
        pathogens as close as practicable to the initial source of 
        contamination to reduce pathogens and prevent foodborne 
        illness;
            (5) there is a need for strong safeguards at slaughter 
        establishments during the slaughter and processing of meat and 
        poultry products because those establishments are where 
        pathogen contamination often originates;
            (6) while proper handling and cooking of meat and poultry 
        products can virtually eliminate the risk of foodborne illness 
        from the consumption of meat and poultry, the presence of 
        pathogens in raw meat and poultry products leads to cross-
        contamination of other foods and surrounding surfaces;
            (7) to reduce the risk of foodborne illness and protect 
        public health, regulatory authorities and all parties involved 
        in the production and handling of meat, meat products, poultry, 
        or poultry products should make a concerted effort to reduce, 
        to the maximum extent practicable, contamination by pathogens 
        using the best available scientific information and appropriate 
        technology;
            (8) the distribution of meat, meat products, poultry, or 
        poultry products that contain human pathogens--
                    (A) impairs the effective regulation of wholesome 
                meat, meat products, poultry, or poultry products in 
                interstate and foreign commerce; and
                    (B) destroys markets for wholesome products;
            (9) all articles and other animals that are subject to this 
        Act and the amendments made by this Act are either in or 
        substantially affect interstate or foreign commerce; and
            (10) regulation by the Secretary of Agriculture and 
        cooperation by the States are necessary to prevent or eliminate 
        burdens on interstate or foreign commerce and to protect the 
        health and welfare of consumers.

SEC. 3. PATHOGEN PERFORMANCE STANDARDS.

    (a) Meat and Meat Products.--The Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) is amended by inserting after section 8 (21 U.S.C. 
608) the following:

``SEC. 8A. PATHOGEN PERFORMANCE STANDARDS.

    ``(a) In General.--In order to protect the public health and 
promote food safety, the Secretary shall prescribe performance 
standards for the reduction of pathogens in raw meat and meat products 
processed by each establishment receiving inspection services under 
this Act.
    ``(b) List of Pathogens.--
            ``(1) In general.--In consultation with the Secretary of 
        Health and Human Services, and taking into account data 
        available from the Centers for Disease Control and Prevention, 
        the Secretary shall identify the pathogens that make a 
        significant contribution to the total burden of foodborne 
        disease associated with meat and meat products.
            ``(2) Publication; updates.--The Secretary shall--
                    ``(A) publish a list of the pathogens described in 
                paragraph (1) not later than 60 days after the date of 
                enactment of this section; and
                    ``(B) update and publish the list annually 
                thereafter.
    ``(c) Pathogen Surveys.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall initiate 
        comprehensive, statistically representative surveys to 
        determine the current levels and incidence of contamination of 
        raw meat and meat products with the pathogens listed under 
        subsection (b), including the variation in levels and incidence 
        of contamination among establishments.
            ``(2) Publication.--Not later than 2 years after the date 
        of enactment of this section, the Secretary shall compile, and 
        publish in the Federal Register, the results of the surveys.
            ``(3) Updates.--At least once every 3 years after the 
        preceding surveys are conducted, the Secretary shall--
                    ``(A) conduct surveys described in paragraph (1); 
                and
                    ``(B) compile and publish the results of the 
                surveys in accordance with paragraph (2).
    ``(d) Pathogen Reduction Performance Standards.--
            ``(1) In general.--The pathogen reduction performance 
        standards required under subsection (a) shall ensure the lowest 
        level or incidence of contamination that is reasonably 
        achievable using the best available processing technology and 
        practices.
            ``(2) Current contamination.--In determining what is 
        reasonably achievable, the Secretary shall consider data on 
        current levels or incidence of contamination, including what is 
        being achieved by establishments in the upper quartile of 
        performance in controlling the level or incidence of 
        contamination.
            ``(3) Initial pathogens.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall propose 
        pathogen reduction performance standards for at least 2 
        pathogens from the list published under subsection (b).
            ``(4) Subsequent pathogens.--Not later than 1 year after 
        proposing pathogen reduction standards for the initial 
        pathogens under paragraph (3), and each year thereafter, the 
        Secretary shall propose a pathogen reduction performance 
        standard for at least 1 pathogen each year from the list 
        published under subsection (b) until standards have been 
        proposed for all pathogens on the list.
            ``(5) Final standards.--Not later than 1 year after 
        proposing a pathogen reduction standard for a pathogen under 
        this subsection, the Secretary shall promulgate a final 
        pathogen reduction standard for the pathogen.
            ``(6) Zero-tolerance standards.--Nothing in this section 
        affects the authority of the Secretary to establish a zero-
        tolerance pathogen reduction performance standard.
    ``(e) Review of Standards.--
            ``(1) In general.--Not later than 3 years after 
        promulgation of a final pathogen reduction performance standard 
        for a pathogen under subsection (d)(5), the Secretary shall 
        review the standard to determine whether the standard continues 
        to ensure the lowest level or incidence of contamination that 
        is reasonably achievable using the best available processing 
        technology and practices, taking into account the most recent 
        survey conducted under subsection (c).
            ``(2) Revisions.--The Secretary shall revise the standard, 
        as necessary, to comply with subsection (d).
    ``(f) Enforcement.--
            ``(1) In general.--The Secretary shall conduct regular 
        microbial testing in establishments producing raw meat and meat 
        products to determine compliance with the pathogen reduction 
        performance standards promulgated under this section.
            ``(2) Inspections.--If the Secretary determines that an 
        establishment fails to meet a standard promulgated under 
        subsection (d) and that the establishment fails to take 
        appropriate corrective action, 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'.
    ``(g) Report on Health-Based Pathogen Performance Standards.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary, in consultation with 
        the Secretary of Health and Human Services, shall submit to 
        Congress a report on the scientific feasibility of establishing 
        health-based performance standards for pathogens in raw meat 
        and meat products.
            ``(2) Factors.--In preparing the report, the Secretary 
        shall consider--
                    ``(A) the scientific feasibility of determining 
                safe levels for pathogens in raw meat and meat 
                products;
                    ``(B) the scientific and public health criteria 
                that are relevant to determining the safe levels; and
                    ``(C) other factors determined by the Secretary.
    ``(h) Relationship to Adulteration Provisions.--Nothing in this 
section affects the applicability to pathogens of the provisions of 
this Act relating to adulteration.''.
    (b) Poultry and Poultry Products.--The Poultry Products Inspection 
Act (21 U.S.C. 451 et seq.) is amended by inserting after section 7 (21 
U.S.C. 456) the following:

``SEC. 7A. PATHOGEN PERFORMANCE STANDARDS.

    ``(a) In General.--In order to protect the public health and 
promote food safety, the Secretary shall prescribe pathogen performance 
standards for the reduction of pathogens in raw poultry and poultry 
products processed by each establishment receiving inspection services 
under this Act.
    ``(b) List of Pathogens.--
            ``(1) In general.--In consultation with the Secretary of 
        Health and Human Services, and taking into account data 
        available from the Centers for Disease Control and Prevention, 
        the Secretary shall identify the pathogens that make a 
        significant contribution to the total burden of foodborne 
        disease associated with poultry and poultry products.
            ``(2) Publication; updates.--The Secretary shall--
                    ``(A) publish a list of the pathogens described in 
                paragraph (1) not later than 60 days after the date of 
                enactment of this section; and
                    ``(B) update and publish the list annually 
                thereafter.
    ``(c) Pathogen Surveys.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall initiate 
        comprehensive, statistically representative surveys to 
        determine the current levels and incidence of contamination of 
        raw poultry and poultry products with the pathogens listed 
        under subsection (b), including the variation in levels and 
        incidence of contamination among establishments.
            ``(2) Publication.--Not later than 2 years after the date 
        of enactment of this section, the Secretary shall compile, and 
        publish in the Federal Register, the results of the surveys.
            ``(3) Updates.--At least once every 3 years after the 
        preceding surveys are conducted, the Secretary shall--
                    ``(A) conduct surveys described in paragraph (1); 
                and
                    ``(B) compile and publish the results of the 
                surveys in accordance with paragraph (2).
    ``(d) Pathogen Reduction Performance Standards.--
            ``(1) In general.--The pathogen reduction performance 
        standards required under subsection (a) shall ensure the lowest 
        level or incidence of contamination that is reasonably 
        achievable using the best available processing technology and 
        practices.
            ``(2) Current contamination.--In determining what is 
        reasonably achievable, the Secretary shall consider data on 
        current levels or incidence of contamination, including what is 
        being achieved by establishments in the upper quartile of 
        performance in controlling the level or incidence of 
        contamination.
            ``(3) Initial pathogens.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall propose 
        pathogen reduction performance standards for at least 2 
        pathogens from the list published under subsection (b).
            ``(4) Subsequent pathogens.--Not later than 1 year after 
        proposing pathogen reduction standards for the initial 
        pathogens under paragraph (3), and each year thereafter, the 
        Secretary shall propose a pathogen reduction performance 
        standard for at least 1 pathogen each year from the list 
        published under subsection (b) until standards have been 
        proposed for all pathogens on the list.
            ``(5) Final standards.--Not later than 1 year after 
        proposing a pathogen reduction standard for a pathogen under 
        this subsection, the Secretary shall promulgate a final 
        pathogen reduction standard for the pathogen.
            ``(6) Zero-tolerance standards.--Nothing in this section 
        affects the authority of the Secretary to establish a zero-
        tolerance pathogen reduction performance standard.
    ``(e) Review of Standards.--
            ``(1) In general.--Not later than 3 years after 
        promulgation of a final pathogen reduction performance standard 
        for a pathogen under subsection (d)(5), the Secretary shall 
        review the standard to determine whether the standard continues 
        to ensure the lowest level or incidence of contamination that 
        is reasonably achievable using the best available processing 
        technology and practices, taking into account the most recent 
        survey conducted under subsection (c).
            ``(2) Revisions.--The Secretary shall revise the standard, 
        as necessary, to comply with subsection (d).
    ``(f) Enforcement.--
            ``(1) In general.--The Secretary shall conduct regular 
        microbial testing in establishments producing raw poultry and 
        poultry products to determine compliance with the pathogen 
        reduction performance standards promulgated under this section.
            ``(2) Inspections.--If the Secretary determines that an 
        establishment fails to meet a standard promulgated under 
        subsection (d) and that the establishment fails to take 
        appropriate corrective action, 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'.
    ``(g) Report on Health-Based Pathogen Performance Standards.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary, in consultation with 
        the Secretary of Health and Human Services, shall submit to 
        Congress a report on the scientific feasibility of establishing 
        health-based performance standards for pathogens in raw poultry 
        and poultry products.
            ``(2) Factors.--In preparing the report, the Secretary 
        shall consider--
                    ``(A) the scientific feasibility of determining 
                safe levels for pathogens in raw poultry and poultry 
                products;
                    ``(B) the scientific and public health criteria 
                that are relevant to determining the safe levels; and
                    ``(C) other factors determined by the Secretary.
    ``(h) Relationship to Adulteration Provisions.--Nothing in this 
section affects the applicability to pathogens of the provisions of 
this Act relating to adulteration.''.

SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGY CRITERIA FOR 
              FOODS.

    (a) Establishment.--
            (1) In general.--In consultation with the Secretary of 
        Health and Human Services, the Secretary of Agriculture 
        (referred to in this section as the ``Secretary'') shall 
        establish a National Advisory Committee for Microbiology 
        Criteria for Foods (referred to in this section as the 
        ``Committee'').
            (2) Administration.--The Committee shall report to--
                    (A) the Secretary of Agriculture, acting through 
                the Under Secretary for Food Safety; and
                    (B) the Secretary of Health and Human Services, 
                acting through the Assistant Secretary for Health.
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of not 
        fewer than 9 nor more than 15 members appointed by the 
        Secretary, including a Chairperson designated by the Secretary.
            (2) Qualifications.--In appointing members of the 
        Committee, the Secretary shall appoint individuals who--
                    (A) are qualified by education, training, and 
                experience to evaluate scientific and technical 
                information on matters referred to the Committee; and
                    (B) to the maximum extent practicable, represent 
                the fields of microbiology, risk assessment, 
                epidemiology, public health, food science, veterinary 
                medicine, and other relevant disciplines.
            (3) Prohibition on federal government employment.--A member 
        of the Committee appointed under paragraph (1) shall not be an 
        employee of the Federal Government.
            (4) Date of appointments.--The appointment of an initial 
        member of the Committee shall be made not later than 90 days 
        after the date of enactment of this Act.
            (5) Term.--A member of the Committee shall be appointed for 
        a term established by the Secretary.
    (c) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Committee have been appointed, the 
        Committee shall hold the initial meeting of the Committee.
            (2) Meetings.--The Committee shall meet at the call of the 
        Chairperson, in consultation with the Secretary.
            (3) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (4) Conflicts of interest.--
                    (A) In general.--Notwithstanding sections 201 
                through 209 of title 18, United States Code, a conflict 
                of interest involving the appointment of a member of 
                the Committee shall be waived under section 208(b)(3) 
                of that title only if the member with the conflict of 
                interest is essential to the completion of the work of 
                the Committee.
                    (B) Voting.--Notwithstanding subparagraph (A), a 
                member of the Committee with a conflict of interest on 
                a matter before the Committee shall not be allowed to 
                vote on the matter.
    (d) Duties.--
            (1) In general.--The Committee shall provide such 
        independent, impartial, scientific advice to Federal food 
        safety agencies as may be requested by the Secretary for use in 
        the development of an integrated national food safety systems 
        approach from farm-to-final consumption to ensure the safety of 
        domestic, imported, and exported foods and reduce the public 
        health burden of foodborne illness.
            (2) Food safety standards and regulations.--
                    (A) In general.--At the time at which the Secretary 
                submits to any Federal agency for formal review and 
                comment any standard or regulation proposed under the 
                Federal Meat Inspection Act (21 U.S.C. 601 et seq.), 
                the Poultry Products Inspection Act (21 U.S.C. 451 et 
                seq.), or any program administered by the Under 
                Secretary for Food Safety, the Secretary shall make 
                available to the Committee--
                            (i) the standard or regulation; and
                            (ii) relevant scientific and technical 
                        information possessed by the Secretary on which 
                        the proposed standard or regulation is based.
                    (B) Advice and comments.--Not later than a date 
                specified by the Secretary that is not later than 90 
                days after receipt of the standard or regulation, the 
                Committee may make available to the Secretary the 
                advice and comments of the Committee on the adequacy of 
                the scientific and technical basis for the proposed 
                standard or regulation, together with any additional 
                information the Committee considers appropriate.
                    (C) Contemporaneous review.--To the maximum extent 
                practicable, the review by the Committee under 
                subparagraph (A) shall be conducted contemporaneously 
                with review by other Federal agencies.
    (e) Powers.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Committee may secure directly 
                from a Federal agency such information as the Committee 
                considers necessary to carry out this section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Committee, the head of the agency 
                shall provide the information to the Committee.
            (3) Subcommittees and investigative panels.--
                    (A) In general.--The Committee may establish such 
                subcommittees and investigative panels as the Secretary 
                and the Committee determine necessary to carry out this 
                section.
                    (B) Chairperson.--Each subcommittee and 
                investigative panel shall be chaired by a member of the 
                Committee.
            (4) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
as other agencies of the Federal Government.
            (5) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
    (f) Committee Personnel Matters.--
            (1) Compensation of members.--A member of the Committee 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Committee.
            (2) Travel expenses.--A member of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as are necessary to enable the Committee to perform the 
                duties of the Committee.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Committee.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Committee 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this section, to remain 
        available until expended.
            (2) Existing funds.--Any funds that are available to the 
        National Advisory Committee on Microbiological Criteria in 
        existence on the date of enactment of this Act shall be made 
        available to the Committee.

SEC. 5. ENFORCEMENT OF HACCP AND SANITATION REQUIREMENTS.

    (a) In General.--The Secretary of Agriculture shall enforce the 
Hazard Analysis and Critical Control Point (HACCP) System requirements 
established under part 417 of title 9, Code of Federal Regulations (or 
successor regulations), and the sanitation requirements established 
under part 416 of title 9, Code of Federal Regulations (or successor 
regulations), in any official establishment.
    (b) Enforcement.--
            (1) In general.--If the Secretary determines that an 
        establishment fails to meet a requirement described in 
        subsection (a) and that the establishment fails to take 
        appropriate corrective action, as determined by the Secretary, 
        the Secretary may refuse to allow any meat or meat product, or 
        poultry or poultry product, subject to the standard and 
        processed by the establishment to be labeled, marked, stamped 
        or tagged as ``inspected and passed''.
            (2) Additional authority.--The authority provided under 
        paragraph (1) is in addition to any other authority the 
        Secretary may have to enforce the requirements of this section.

SEC. 6. REGULATIONS.

    (a) In General.--Consistent with section 553 of title 5, United 
States Code, the Secretary of Agriculture shall have the authority to 
enforce the pathogen performance standards of the Secretary in 
accordance with 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.).
    (b) Challenges.--Subsection (a) does not prevent a challenge to the 
standards described in subsection (a) on any basis other than the basis 
that the Secretary lacks the authority to issue and enforce pathogen 
performance standards promulgated in accordance with section 553 of 
title 5, United States Code.
    (c) Effective Date.--This section takes effect on January 1, 2000.
                                 <all>