II 110th CONGRESS 2d Session S. 2770 IN THE SENATE OF THE UNITED STATES March 13, 2008 Mrs. Feinstein (for herself, Mr. Stevens, Mr. Akaka, and Mrs. Boxer) 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 to strengthen the food safety inspection system by imposing stricter penalties for the slaughter of nonambulatory livestock.

1.

Short title

This Act may be cited as the Downed Animal Enforcement Act of 2008.

2.

Suspension of inspection services relating to slaughter of nonambulatory livestock

Section 401 of the Federal Meat Inspection Act (21 U.S.C. 671) is amended— (a)by striking The Secretary may and inserting the following: (a)

In general

The Secretary may ; and (b)by adding at the end the following: (b)

Suspension of inspection services relating to slaughter of nonambulatory livestock

(1)

Definition of nonambulatory livestock

In this subsection, the term nonambulatory livestock means any amenable species that will not stand and walk unassisted. (2)

Prohibition

It shall be a violation of this Act for an establishment— (A)to slaughter any nonambulatory livestock or to prepare any carcass or part of a carcass, or meat or meat food product, from any nonambulatory livestock, for use as human food; or (B)to fail to comply with Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958) (7 U.S.C. 1901 et seq.) (including regulations promulgated under that Act), for the treatment and slaughter of livestock. (3)

Penalties

In addition to any other penalties imposed under this Act or any other provision of law for a violation described in paragraph (2), the Secretary shall, with respect to any establishment that commits a violation described in that paragraph— (A)for the first violation, impose a civil penalty based on a percentage of the gross income of the establishment, as determined by the Secretary by regulation so that the same percentage applies to all establishments, with amounts collected retained by the Food and Safety Inspection Service, to be available without appropriation or fiscal year limitation; (B)for the second violation, suspend inspection service under title I for a period of 1 year; and (C)for the third violation, permanently withdraw inspection service under title I. .

3.

Regulations

(a)

In general

Not later than 60 days after the date of enactment of this Act, in order to improve voluntary food recall and public notification procedures in the event of a meat or poultry recall by the Secretary, the Secretary shall promulgate final regulations that provide for public disclosure of a comprehensive list of establishments at which recalled meat or poultry is known to be available to the public for consumption or sale. (b)

Procedure

The promulgation of the regulations described in subsection (a) shall be made without regard to— (1)the notice and comment provisions of section 553 of title 5, United States Code; (2)the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3)chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (c)

Congressional review of agency rulemaking

In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.