[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1187

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to require that ready-to-eat meat or poultry products 
   that are not produced under a scientifically validated program to 
  address Listeria monocytogenes be required to bear a label advising 
 pregnant women and other at-risk consumers of the recommendations of 
    the Department of Agriculture and Food and Drug Administration 
regarding consumption of ready-to-eat products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2003

 Mrs. Clinton introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to require that ready-to-eat meat or poultry products 
   that are not produced under a scientifically validated program to 
  address Listeria monocytogenes be required to bear a label advising 
 pregnant women and other at-risk consumers of the recommendations of 
    the Department of Agriculture and Food and Drug Administration 
regarding consumption of ready-to-eat products, and for other purposes.

    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 ``At-Risk Consumer Protection Through 
Food Safety Labeling Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) consumption of food contaminated with microbial 
        pathogens such as bacteria, parasites, viruses, and their 
        toxins causes an estimated 76,000,000 illnesses, 325,000 
        hospitalizations, and 5,000 deaths each year in the United 
        States;
            (2) Government economists estimate that illnesses from 
        Campylobacter, Salmonella, E. coli O157:H7, E. coli non-O157:H7 
        STEC, Listeria, and Toxoplasma gondii cause $6,900,000,000 in 
        medical costs, lost productivity, and premature death in the 
        United States each year;
            (3) in particular, Listeria monocytogenes is the cause of 
        2,500 illnesses and 500 deaths annually, with economic costs of 
        $2,300,000,000;
            (4) people that face relatively higher risks from foodborne 
        illness and associated complications include the very young, 
        the very old, pregnant women, and the immunocompromised, such 
        as persons with AIDS and cancer;
            (5) outbreaks of foodborne illness are becoming 
        increasingly widespread in both geographic area and duration, 
        making detection and containment difficult;
            (6) in 1998, following a major listeriosis outbreak from 
        deli meats, many ready-to-eat meat and poultry processors 
        established Listeria testing programs, but others have no 
        Listeria testing and control program at all, giving them an 
        unfair advantage in production costs over firms that are taking 
        steps to protect public health;
            (7)(A) in 1989, the Secretary of Agriculture established a 
        performance standard allowing zero tolerance for Listeria 
        monocytogenes that prohibits detectable levels of the pathogen 
        in ready-to-eat meat and poultry products; and
            (B) a performance standard for Listeria monocytogenes of 
        nondetectable levels in ready-to-eat meat products--
                    (i) is appropriate to protect at-risk consumers 
                (including pregnant women) (referred to in this section 
                as ``at-risk consumers'') from severe health 
                consequences or death from exposure to Listeria 
                monocytogenes; and
                    (ii) is necessary to provide an adequate safety 
                margin for at-risk consumers;
            (8) in February 2001, the Secretary of Agriculture proposed 
        regulations establishing performance standards for the 
        production of processed meat and poultry products, including 
        requirements for controlling Listeria monocytogenes, but, in 
        the time since the public comment period closed in September 
        2001, little progress has been made in finalizing the 
        regulation;
            (9) in 2002, an outbreak of foodborne listeriosis linked to 
        ready-to-eat turkey deli meat in Pennsylvania, New York, New 
        Jersey, Delaware, Maryland, Connecticut, and Michigan--
                    (A) sickened 53 persons;
                    (B) killed 8 persons; and
                    (C) caused at least 3 pregnant women to suffer 
                miscarriages or stillbirths;
            (10) in a March 21, 2003, speech to the North American Meat 
        Processors, Food Safety and Inspection Service Administrator 
        Dr. Gary McKee said the agency's December 2002 directive 
        outlining Listeria testing procedures for agency inspectors is 
        only an interim measure;
            (11) to ensure the safety of at-risk consumers, ready-to-
        eat meat and poultry products not produced under a 
        scientifically validated program to address Listeria 
        monocytogenes should be required to bear a label advising at-
        risk consumers of the Government's recommendations not to 
        consume ready-to-eat meat and poultry products without heating 
        the products until steaming hot; and
            (12) all data generated through scientifically validated 
        programs to address Listeria monocytogenes should be shared 
        with the Department of Agriculture and used to improve 
        scientific research regarding the safety of ready-to-eat foods.

SEC. 3. READY-TO-EAT MEAT PRODUCTS.

    (a) In General.--Section 7 of the Federal Meat Inspection Act (21 
U.S.C. 607) is amended by adding at the end the following:
    ``(g) Ready-To-Eat Meat Products.--
            ``(1) Definitions.--In this subsection:
                    ``(A) At-risk consumer.--The term `at-risk 
                consumer' includes a pregnant woman.
                    ``(B) Ready-to-eat meat product.--The term `ready-
                to-eat meat product' means a meat product that has been 
                processed so that the meat product may be safely 
                consumed without further preparation by the consumer, 
                that is, without cooking or application of some other 
                lethality treatment to destroy pathogens.
            ``(2) Labeling requirement.--Except as provided in 
        paragraph (3) or (4), a ready-to-eat meat product shall bear a 
label advising consumers that an at-risk consumer--
                    ``(A) should not consume the ready-to-eat meat 
                product unless the ready-to-eat meat product is heated 
                until steaming hot; or
                    ``(B) should follow such other instructions as the 
                Secretary may prescribe in accordance with health 
                guidelines and recommendations published by the 
                Secretary and the Secretary of Health and Human 
                Services.
            ``(3) Exemptions for producers.--On the motion of the 
        Secretary or on petition of a producer of a ready-to-eat meat 
        product, the Secretary, after notice and opportunity for a 
        public hearing, shall, by regulation applicable to all 
        producers of the ready-to-eat meat product or by order 
        applicable to a particular producer of the ready-to-eat meat 
        product, provide an exemption from the requirement of paragraph 
        (2) if--
                    ``(A) in the case of a ready-to-eat meat product 
                that the Secretary determines presents a low risk to 
                at-risk consumers, the producer--
                            ``(i) has a scientifically validated 
                        program (as determined by the Secretary) to 
                        control Listeria monocytogenes; and
                            ``(ii) makes all Listeria control program 
                        records (including the results of any testing 
                        of plant environment, food-contact surfaces, or 
                        meat product) available for inspection by the 
                        Secretary; or
                    ``(B) in the case of any ready-to-eat meat product 
                that the Secretary determines presents a greater risk 
                to at-risk consumers, the producer of the ready-to-eat 
                meat product has a scientifically valid program to 
                address Listeria monocytogenes under which the 
                producer--
                            ``(i) tests food-contact surfaces for 
                        Listeria monocytogenes--
                                    ``(I) at least once every 2 days of 
                                production; and
                                    ``(II) if a food-contact surface 
                                tests positive--
                                            ``(aa) at least 3 times per 
                                        day until the surface tests 
                                        negative on 3 consecutive days; 
                                        or
                                            ``(bb) in accordance with 
                                        such other regimen as the 
                                        Secretary may specify;
                            ``(ii) tests the plant environment in the 
                        ready-to-eat meat processing area for the 
                        Listeria species--
                                    ``(I) at least once every 2 days of 
                                production; and
                                    ``(II) if any part of the plant 
                                environment in the ready-to-eat meat 
                                processing area tests positive--
                                            ``(aa) at least 3 times per 
                                        day until the plant environment 
                                        tests negative on 3 consecutive 
                                        days; or
                                            ``(bb) in accordance with 
                                        such other regimen as the 
                                        Secretary may specify;
                            ``(iii)(I) tests final products for 
                        Listeria monocytogenes at least 5 times per 
                        month to measure the effectiveness of the 
                        Listeria control program; and
                            ``(II) if any food-contact surface tests 
                        positive, conducts daily testing of the meat 
                        product from the line found to be positive 
                        until the surface tests negative for 3 days;
                            ``(iv) makes all control program records 
                        (including the results of any testing of plant 
                        environment, food-contact surfaces, or meat 
                        product) available for inspection by the 
                        Secretary; and
                            ``(v) meets any other requirement that the 
                        Secretary may specify.
            ``(4) Exemptions for distributors.--On the motion of the 
        Secretary or on petition of a distributor of a ready-to-eat 
        meat product, the Secretary, after notice and opportunity for a 
        public hearing, shall, by regulation applicable to all 
        distributors of the ready-to-eat meat product or by order 
        applicable to a particular distributor of the ready-to-eat meat 
        product, provide an exemption from the requirement of paragraph 
        (2) if--
                    ``(A) the distributor has purchasing specifications 
                incorporating the requirements of paragraph (3); and
                    ``(B) the Secretary determines that the suppliers 
                of the distributor are in compliance with paragraph 
                (3).
            ``(5) Reports by the secretary.--Not later than 3 years 
        after the date of enactment of this section, and at least 
        triennially thereafter, the Secretary shall compile and 
        disseminate information from records made available under 
        paragraphs (3)(A)(ii), (3)(B)(iv), and (4) to Federal agencies, 
        universities, and other research institutions and other 
        entities, as appropriate (excluding any such proprietary or 
        confidential information as is protected from disclosure), for 
        the purpose of furthering scientific research.
            ``(6) Performance standard.--A performance standard of the 
        Secretary that provides zero tolerance for detectable levels of 
        Listeria monocytogenes in ready-to-eat meats--
                    ``(A) shall not be modified to permit any 
                detectable level of Listeria monocytogenes in any 
                ready-to-eat meat product; and
                    ``(B) shall be based on scientifically validated 
                testing methods for the detection of Listeria 
                monocytogenes, as determined by the Secretary.''.
    (b) Misbranding.--Section 1(n) of the Federal Meat Inspection Act 
(21 U.S.C. 601(n)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it is a ready-to-eat meat product that is 
        required to bear a label under section 7(g), and it does not 
        bear such a label.''.

SEC. 4. READY-TO-EAT POULTRY PRODUCTS.

    (a) In General.--Section 8 of the Poultry Products Inspection Act 
(21 U.S.C. 457) is amended by adding at the end the following:
    ``(e) Ready-To-Eat Poultry Products.--
            ``(1) Definitions.--In this subsection:
                    ``(A) At-risk consumer.--The term `at-risk 
                consumer' includes a pregnant woman.
                    ``(B) Ready-to-eat poultry product.--The term 
                `ready-to-eat poultry product' means a poultry product 
                that has been processed so that the poultry product may 
                be safely consumed without further preparation by the 
                consumer, that is, without cooking or application of 
                some other lethality treatment to destroy pathogens.
            ``(2) Labeling requirement.--Except as provided in 
        paragraph (3) or (4), a ready-to-eat poultry product shall bear 
        a label advising consumers that an at-risk consumer--
                    ``(A) should not consume the ready-to-eat poultry 
                product unless the ready-to-eat poultry product is 
                heated until steaming hot; or
                    ``(B) should follow such other instructions as the 
                Secretary may prescribe in accordance with health 
                guidelines and recommendations published by the 
                Secretary and the Secretary of Health and Human 
                Services.
            ``(3) Exemptions for producers.--On the motion of the 
        Secretary or on petition of a producer of a ready-to-eat 
        poultry product, the Secretary, after notice and opportunity 
        for a public hearing, shall, by regulation applicable to all 
        producers of the ready-to-eat poultry product or by order 
        applicable to a particular producer of the ready-to-eat poultry 
        product, provide an exemption from the requirement of paragraph 
        (2) if--
                    ``(A) in the case of a ready-to-eat poultry product 
                that the Secretary determines presents a low risk to 
                at-risk consumers, the producer--
                            ``(i) has a scientifically validated 
                        program (as determined by the Secretary) to 
                        control Listeria monocytogenes; and
                            ``(ii) makes all Listeria control program 
                        records (including the results of any testing 
                        of plant environment, food-contact surfaces, or 
                        poultry product) available for inspection by 
                        the Secretary; or
                    ``(B) in the case of any ready-to-eat poultry 
                product that the Secretary determines presents a 
                greater risk to at-risk consumers, the producer of the 
                ready-to-eat poultry product has a scientifically valid 
                program to address Listeria monocytogenes under which 
                the producer--
                            ``(i) tests food-contact surfaces for 
                        Listeria monocytogenes--
                                    ``(I) at least once every 2 days of 
                                production; and
                                    ``(II) if a food-contact surface 
                                tests positive--
                                            ``(aa) at least 3 times per 
                                        day until the surface tests 
                                        negative on 3 consecutive days; 
                                        or
                                            ``(bb) in accordance with 
                                        such other regimen as the 
                                        Secretary may specify;
                            ``(ii) tests the plant environment in the 
                        ready-to-eat poultry processing area for the 
                        Listeria species--
                                    ``(I) at least once every 2 days of 
                                production; and
                                    ``(II) if any part of the plant 
                                environment in the ready-to-eat poultry 
                                processing area tests positive--
                                            ``(aa) at least 3 times per 
                                        day until the plant environment 
                                        tests negative on 3 consecutive 
                                        days; or
                                            ``(bb) in accordance with 
                                        such other regimen as the 
                                        Secretary may specify;
                            ``(iii)(I) tests final products for 
                        Listeria monocytogenes at least 5 times per 
                        month to measure the effectiveness of the 
                        Listeria control program; and
                            ``(II) if any food-contact surface tests 
                        positive, conducts daily testing of the poultry 
                        product from the line found to be positive 
                        until the surface tests negative for 3 days;
                            ``(iv) makes all control program records 
                        (including the results of any testing of plant 
                        environment, food-contact surfaces, or poultry 
                        product) available for inspection by the 
                        Secretary; and
                            ``(v) meets any other requirement that the 
                        Secretary may specify.
            ``(4) Exemptions for distributors.--On the motion of the 
        Secretary or on petition of a distributor of a ready-to-eat 
        poultry product, the Secretary, after notice and opportunity 
        for a public hearing, shall, by regulation applicable to all 
        distributors of the ready-to-eat poultry product or by order 
        applicable to a particular distributor of the ready-to-eat 
        poultry product, provide an exemption from the requirement of 
        paragraph (2) if--
                    ``(A) the distributor has purchasing specifications 
                incorporating the requirements of paragraph (3); and
                    ``(B) the Secretary determines that the suppliers 
                of the distributor are in compliance with paragraph 
                (3).
            ``(5) Reports by the secretary.--Not later than 3 years 
        after the date of enactment of this section, and at least 
        triennially thereafter, the Secretary shall compile and 
        disseminate information from records made available under 
        paragraphs (3)(A)(ii), (3)(B)(iv), and (4) to Federal agencies, 
        universities, and other research institutions and other 
        entities, as appropriate (excluding any such proprietary or 
        confidential information as is protected from disclosure), for 
        the purpose of furthering scientific research.
            ``(6) Performance standard.--A performance standard of the 
        Secretary that provides zero tolerance for detectable levels of 
        Listeria monocytogenes in ready-to-eat poultry products--
                    ``(A) shall not be modified to permit any 
                detectable level of Listeria monocytogenes in any 
                ready-to-eat poultry product; and
                    ``(B) shall be based on scientifically validated 
                testing methods for the detection of Listeria 
                monocytogenes, as determined by the Secretary.''.
    (b) Misbranding.--Section 4(h) of the Poultry Products Inspection 
Act (21 U.S.C. 453(h)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it is a ready-to-eat poultry product that is 
        required to bear a label under section 8(e), and it does not 
        bear such a label.''.
                                 <all>