110 HR 5518 IH: Unsafe Meat and Poultry Recall U.S. House of Representatives 2008-02-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 5518 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.
1.
Short title
This Act may be cited as the Unsafe Meat and Poultry Recall Act.
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:
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.
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:
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.
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