1.
This Act may be cited as the
Animal Feed Protection Act of
2005
.
2.
In this Act:
(1)
The term BSE means bovine spongiform
encephalopathy.
(2)
(A)
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)
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)
(A)
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)
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)
The term Secretary means the Secretary of Health and
Human Services.
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.
4.
(a)
The Secretary and the heads of other Federal agencies, as
appropriate, shall cooperate with the Attorney General in enforcing this
Act.
(b)
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)
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.
5.
The Secretary, in consultation
with the Secretary of Agriculture, shall issue training standards to industry
for the removal of specified risk materials.
6.
Authorization of appropriations
There is authorized to be
appropriated $5,000,000 to carry out this Act.
7.This Act takes effect on
the date that is 180 days after the date of enactment of this Act.