[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5518 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5518

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to authorize the Secretary of Agriculture to order the 
    recall of meat and poultry that is adulterated, misbranded, or 
                           otherwise unsafe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2008

   Mr. Udall of New Mexico introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to authorize the Secretary of Agriculture to order the 
    recall of meat and poultry that is adulterated, misbranded, or 
                           otherwise unsafe.

    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 ``Unsafe Meat and Poultry Recall 
Act''.

SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.

    (a) Mandatory Recalls Authorized.--The Federal Meat Inspection Act 
(21 U.S.C. 601 et seq.) is amended--
            (1) by redesignating section 411 (21 U.S.C. 681) as section 
        412; and
            (2) by inserting after section 410 (21 U.S.C. 679a) the 
        following new section:

``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, 
              MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS.

    ``(a) Meat Product Defined.--In this section, the term `meat 
product' means a carcass, part of a carcass, meat, or meat food product 
of an amenable species.
    ``(b) Notification Required.--
            ``(1) Notice to secretary.--A person that has reason to 
        believe that a meat product handled by the person is in 
        violation of this Act shall immediately notify the Secretary, 
        in such manner and by such means as the Secretary may by 
        regulation promulgate, of the identity and location of the meat 
        product.
            ``(2) Exceptions.--The requirement to notify the Secretary 
        under paragraph (1) shall not apply to--
                    ``(A) consumers of meat products; and
                    ``(B) such other persons as the Secretary may 
                exempt by regulation.
    ``(c) Voluntary Nondistribution and Recall.--If the Secretary finds 
that a meat product is in violation of this Act and that there is a 
reasonable probability that human consumption of the meat product may 
present a threat to public health, the Secretary shall provide all 
appropriate persons that handled the meat product, as determined by the 
Secretary, with an opportunity to--
            ``(1) cease distribution of the meat product;
            ``(2) notify all persons handling the meat product to 
        immediately cease distribution of the meat product;
            ``(3) recall the meat product; and
            ``(4) in consultation with the Secretary, provide notice to 
        consumers to whom the meat product may have been distributed.
    ``(d) Mandatory Actions.--If a person does not voluntarily take the 
actions described in subsection (c) with respect to a meat product 
within the time and in the manner prescribed by the Secretary, the 
Secretary may, by order, require such person to immediately--
            ``(1) cease distribution of the meat product;
            ``(2) notify all persons handling the meat product to 
        immediately cease distribution of the meat product; and
            ``(3) recall the meat product or take other appropriate 
        action, as determined by the Secretary.
    ``(e) Notice to Consumers.--If the Secretary orders a mandatory 
action under subsection (d), the Secretary shall provide notice of the 
action to consumers to whom the meat product may have been distributed 
to the extent the Secretary considers necessary.
    ``(f) Nondistribution by Notified Persons.--A person handling a 
meat product that receives notification under subsection (c) or (d) 
shall immediately cease distribution of the meat product.
    ``(g) Vacation of Order.--If, after providing an opportunity for a 
hearing on the record, the Secretary determines that adequate grounds 
do not exist to continue the mandatory actions required by an order 
issued under subsection (d), the Secretary shall vacate the order.
    ``(h) Additional Remedies.--The remedies provided in this section 
are in addition to any other remedies that may be available under any 
other provision of law.''.
    (b) Definition of Person.--
            (1) In general.--Section 1 of the Federal Meat Inspection 
        Act (21 U.S.C. 601) is amended by adding at the end the 
        following new subsection:
    ``(x) Person.--The term `person' means any individual, partnership, 
corporation, association, or other business unit.''.
            (2) Conforming amendments.--The Federal Meat Inspection Act 
        (21 U.S.C. 601 et seq.) is amended--
                    (A) by striking ``person, firm, or corporation'' 
                each place it appears and inserting ``person'';
                    (B) by striking ``persons, firms, and 
                corporations'' each place it appears and inserting 
                ``persons''; and
                    (C) by striking ``persons, firms, or corporations'' 
                each place it appears and inserting ``persons''.

SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.

    The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is 
amended by adding at the end the following new section:

``SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, 
              MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS.

    ``(a) Notification Required.--
            ``(1) Notice to secretary.--A person that has reason to 
        believe that a poultry product handled by the person is in 
        violation of this Act shall immediately notify the Secretary, 
        in such manner and by such means as the Secretary may by 
        regulation promulgate, of the identity and location of the 
        poultry product.
            ``(2) Exceptions.--The requirement to notify the Secretary 
        under paragraph (1) shall not apply to--
                    ``(A) consumers of poultry products; and
                    ``(B) such other persons as the Secretary may 
                exempt by regulation.
    ``(b) Voluntary Nondistribution and Recall.--If the Secretary finds 
that a poultry product is in violation of this Act and that there is a 
reasonable probability that human consumption of the poultry product 
may present a threat to public health, the Secretary shall provide all 
appropriate persons that handled the poultry product, as determined by 
the Secretary, with an opportunity to--
            ``(1) cease distribution of the poultry product;
            ``(2) notify all persons handling the poultry product to 
        immediately cease distribution of the poultry product;
            ``(3) recall the poultry product; and
            ``(4) in consultation with the Secretary, provide notice to 
        consumers to whom the poultry product may have been 
        distributed.
    ``(c) Mandatory Actions.--If a person does not voluntarily take the 
actions described in subsection (b) with respect to a poultry product 
within the time and in the manner prescribed by the Secretary, the 
Secretary may, by order, require the person to immediately--
            ``(1) cease distribution of the poultry product;
            ``(2) notify all persons handling the poultry product to 
        immediately cease distribution of the poultry product; and
            ``(3) recall the poultry product or take other appropriate 
        action, as determined by the Secretary.
    ``(d) Notice to Consumers.--If the Secretary orders a mandatory 
action under subsection (c), the Secretary shall provide notice of the 
action to consumers to whom the poultry product may have been 
distributed, to the extent the Secretary considers necessary.
    ``(e) Nondistribution by Notified Persons.--A person handling a 
poultry product that receives notification under subsection (b) or (c) 
shall immediately cease distribution of the poultry product.
    ``(f) Vacation of Order.--If, after providing an opportunity for a 
hearing on the record, the Secretary determines that adequate grounds 
do not exist to continue the mandatory actions required by an order 
issued under subsection (c), the Secretary shall vacate the order.
    ``(g) Additional Remedies.--The remedies provided in this section 
are in addition to any other remedies that may be available under any 
other provision of law.''.
                                 <all>