[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 73 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 73

   To promote food safety and to protect the animal feed supply from 
                   bovine spongiform encephalopathy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

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

_______________________________________________________________________

                                 A BILL


 
   To promote food safety and to protect the animal feed supply from 
                   bovine spongiform encephalopathy.

    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 ``Animal Feed Protection Act of 
2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) BSE.--The term ``BSE'' means bovine spongiform 
        encephalopathy.
            (2) Covered article.--
                    (A) In general.--The term ``covered article'' 
                means--
                            (i) feed for an animal;
                            (ii) a nutritional supplement for an 
                        animal;
                            (iii) medicine for an animal; and
                            (iv) any other article of a kind that is 
                        ordinarily ingested, implanted, or otherwise 
                        taken into an animal.
                    (B) Exclusions.--The term ``covered article'' does 
                not include--
                            (i) an unprocessed agricultural commodity 
                        that is readily identifiable as nonanimal in 
                        origin, such as a vegetable, grain, or nut;
                            (ii) an article described in subparagraph 
                        (A) that, based on compelling scientific 
                        evidence, the Secretary determines does not 
                        pose a risk of transmitting prion disease; or
                            (iii) an article regulated by the Secretary 
                        that, as determined by the Secretary--
                                    (I) poses a minimal risk of 
                                carrying prion disease; and
                                    (II) is necessary to protect animal 
                                health or public health.
            (3) Specified risk material.--
                    (A) In general.--The term ``specified risk 
                material'' means--
                            (i) the skull, brain, trigeminal ganglia, 
                        eyes, tonsils, spinal cord, vertebral column, 
                        or dorsal root ganglia of--
                                    (I) cattle and bison 30 months of 
                                age and older; or
                                    (II) sheep, goats, deer, and elk 12 
                                months of age and older;
                            (ii) the intestinal tract of a ruminant of 
                        any age; and
                            (iii) any other material of a ruminant that 
                        may carry a prion disease, as determined by the 
                        Secretary, based on scientifically credible 
                        research.
                    (B) Modification.--The Secretary shall conduct an 
                annual review of scientific research and may modify the 
                definition of specified risk material based on 
                scientifically credible research (including the conduct 
                of ante-mortem and post-mortem tests certified by the 
                Secretary of Agriculture).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH.

    It shall be unlawful for any person to introduce into interstate or 
foreign commerce a covered article if the covered article contains--
            (1)(A) specified risk material from a ruminant; or
            (B) any material from a ruminant that--
                    (i) was in any foreign country at a time at which 
                there was a risk of transmission of BSE in the country, 
                as determined by the Secretary of Agriculture; and
                    (ii) may contain specified risk material from a 
                ruminant; or
            (2) any material from a ruminant exhibiting signs of a 
        neurological disease.

SEC. 4. ENFORCEMENT.

    (a) Cooperation.--The Secretary and the heads of other Federal 
agencies, as appropriate, shall cooperate with the Attorney General in 
enforcing this Act.
    (b) Due Process.--Any person subject to enforcement action under 
this section shall have the opportunity for an informal hearing on the 
enforcement action as soon as practicable after, but not later than 10 
days after, the enforcement action is taken.
    (c) Remedies.--In addition to any remedies available under other 
provisions of law, the head of a Federal agency may enforce this Act 
by--
            (1) seizing and destroying an article that is introduced 
        into interstate or foreign commerce in violation of this Act; 
        or
            (2) issuing an order requiring any person that introduces 
        an article into interstate or foreign commerce in violation of 
        this Act--
                    (A) to cease the violation;
                    (B)(i) to recall any article that is sold; and
                    (ii) to refund the purchase price to the purchaser;
                    (C) to destroy the article or forfeit the article 
                to the United States for destruction; or
                    (D) to cease operations at the facility at which 
                the article is produced until the head of the 
                appropriate Federal agency determines that the 
                operations are no longer in violation of this Act.
    (d) Civil and Monetary Penalties.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall promulgate 
regulations establishing the appropriate level of civil and monetary 
penalties necessary to carry out this Act.

SEC. 5. TRAINING STANDARDS.

    The Secretary, in consultation with the Secretary of Agriculture, 
shall issue training standards to industry for the removal of specified 
risk materials.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 to carry out this 
Act.

SEC. 7. EFFECTIVE DATE.

    This Act takes effect on the date that is 180 days after the date 
of enactment of this Act.
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