[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2952 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2952

   To improve food safety through mandatory meat, meat food product, 
poultry, and poultry product recall authority, to require the Secretary 
  of Agriculture to improve communication about recalls with schools 
participating in the school lunch and breakfast programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2008

Mr. Menendez (for himself and Mr. Lautenberg) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To improve food safety through mandatory meat, meat food product, 
poultry, and poultry product recall authority, to require the Secretary 
  of Agriculture to improve communication about recalls with schools 
participating in the school lunch and breakfast programs, and for other 
                               purposes.

    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 ``Safe School Lunch Act of 2008''.

SEC. 2. MANDATORY RECALL AUTHORITY.

    (a) Meat and Meat Food Products.--Section 401 of the Federal Meat 
Inspection Act (21 U.S.C. 671) is amended--
            (1) by striking ``sec. 401. The Secretary may'' and 
        inserting the following:

``SEC. 401. INSPECTION SERVICES.

    ``(a) In General.--The Secretary may''; and
            (2) by adding at the end the following:
    ``(b) Mandatory Recall Authority.--
            ``(1) Order to cease distribution.--
                    ``(A) In general.--If the Secretary finds that 
                certain meat or meat food products may cause a serious, 
                adverse health consequence or may be adulterated, the 
                Secretary shall issue an order requiring the 
                appropriate person (including a meat broker, packer, 
                manufacturer, distributor, or retailer of the meat or 
                meat food product) to immediately cease distribution of 
                the meat or meat food product.
                    ``(B) Informal hearing.--
                            ``(i) In general.--An order under 
                        subparagraph (A) shall provide the person 
                        subject to the order with an opportunity for an 
                        informal hearing, to be held not later than 10 
                        days after the date of the issuance of the 
                        order, on the actions required by the order and 
                        on whether the order should be amended to 
                        require a recall of the meat or meat food 
                        product involved.
                            ``(ii) Inadequate grounds.--If, after 
                        providing an opportunity for a hearing under 
                        clause (i), the Secretary determines that 
                        inadequate grounds exist to support the actions 
                        required by the order, the Secretary shall 
                        vacate the order.
            ``(2) Order to recall.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if, after providing an opportunity 
                for an informal hearing under paragraph (1)(B)(i), the 
                Secretary determines that the order should be amended 
                to include a recall of the meat or meat food product 
                with respect to which the order was issued, the 
                Secretary shall amend the order to require a recall.
                    ``(B) Prohibition.--An amended order under 
                subparagraph (A) shall not include a recall of meat or 
                meat food products from individual consumers.
                    ``(C) Timetable.--The Secretary shall--
                            ``(i) specify a timetable during which the 
                        meat or meat food product recall will occur; 
                        and
                            ``(ii) require periodic reports to the 
                        Secretary describing the progress of the 
                        recall.''.
    (b) Poultry and Poultry Products.--Section 18 of the Poultry 
Products Inspection Act (21 U.S.C. 467) is amended--
            (1) by striking ``sec. 18. (a) The Secretary may'' and 
        inserting the following:

``SEC. 18. INSPECTION SERVICES.

    ``(a) In General.--The Secretary may'';
            (2) by striking ``(b) Upon the withdrawal'' and inserting 
        the following:
    ``(c) Effect of Withdrawal of Inspection Service.--Upon the 
withdrawal'';
            (3) by striking ``(c) The determination'' and inserting the 
        following:
    ``(d) Judicial Review.--''; and
            (4) by inserting after subsection (a) (as designated by 
        paragraph (1)) the following:
    ``(b) Mandatory Recall Authority.--
            ``(1) Order to cease distribution.--
                    ``(A) In general.--If the Secretary finds that 
                certain poultry or poultry products may cause a 
                serious, adverse health consequence or may be 
                adulterated, the Secretary shall issue an order 
                requiring the appropriate person (including a poultry 
                broker, packer, manufacturer, distributor, or retailer 
                of the poultry or poultry product) to immediately cease 
                distribution of the poultry or poultry product.
                    ``(B) Informal hearing.--
                            ``(i) In general.--An order under 
                        subparagraph (A) shall provide the person 
                        subject to the order with an opportunity for an 
                        informal hearing, to be held not later than 10 
                        days after the date of the issuance of the 
                        order, on the actions required by the order and 
                        on whether the order should be amended to 
                        require a recall of the poultry or poultry 
                        product involved.
                            ``(ii) Inadequate grounds.--If, after 
                        providing an opportunity for a hearing under 
                        clause (i), the Secretary determines that 
                        inadequate grounds exist to support the actions 
                        required by the order, the Secretary shall 
                        vacate the order.
            ``(2) Order to recall.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if, after providing an opportunity 
                for an informal hearing under paragraph (1)(B)(i), the 
                Secretary determines that the order should be amended 
                to include a recall of the poultry or poultry product 
                with respect to which the order was issued, the 
                Secretary shall amend the order to require a recall.
                    ``(B) Prohibition.--An amended order under 
                subparagraph (A) shall not include a recall of poultry 
                or poultry products from individual consumers.
                    ``(C) Timetable.--The Secretary shall--
                            ``(i) specify a timetable during which the 
                        poultry or poultry product recall will occur; 
                        and
                            ``(ii) require periodic reports to the 
                        Secretary describing the progress of the 
                        recall.''.

SEC. 3. RELATIONSHIP TO SCHOOL LUNCH PROGRAM.

    (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall--
            (1) establish a program to provide schools that participate 
        in the school lunch program established under the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or 
        the school breakfast program established by section 4 of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1773) with training 
        relating to--
                    (A) how to stay informed about meat and meat food 
                products subject to a recall under the Federal Meat 
                Inspection Act (21 U.S.C. 601 et seq.) and poultry or 
                poultry products subject to a recall under the Poultry 
                Products Inspection Act (21 U.S.C. 451 et seq.), 
                including any new recall procedures;
                    (B) how to dispose of meat and meat food products 
                or poultry and poultry products subject to a recall 
                under those Acts; and
                    (C) how to properly inform parents in a timely 
                manner of a recall under those Acts; and
            (2) make information and training materials accessible to 
        the schools through the information clearinghouse established 
        under subsection (b).
    (b) Information Clearinghouse.--The Secretary shall ensure that the 
information provided on the website of the Department of Agriculture 
relating to meat, meat food products, poultry, and poultry products 
subject to inspection by the Secretary, including information about 
recalls under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 
and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), is--
            (1) up-to-date; and
            (2) written in a clear manner that is accessible by school 
        employees and parents.
    (c) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations to 
ensure that the Secretary is able to trace all meat, meat food 
products, poultry, and poultry products inspected by the Secretary at 
all times from the slaughter premises to final distribution to schools 
described in subsection (a)(1).

SEC. 4. FOOD PROTECTION REVIEW, EVALUATION, AND REPORT.

    (a) In General.--The Secretary shall conduct a review and 
evaluation of the meat, meat food product, poultry, and poultry product 
inspection and recall procedures of the Department of Agriculture.
    (b) Requirements.--The review and evaluation required under 
subsection (a) shall--
            (1) focus on achieving optimal consumer safety and 
        protecting the food supply; and
            (2) include--
                    (A) a review of the risks to consumer safety at all 
                times from the initial production of a meat, meat food 
                product, poultry, or poultry product until consumption 
                of the meat, meat food product, poultry, or poultry 
                product; and
                    (B) an evaluation of methods to--
                            (i) target resources to achieve maximum 
                        risk reduction;
                            (ii) address both unintentional and 
                        deliberate contamination; and
                            (iii) use science and modern technology 
                        systems to improve protection of the food 
                        supply.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report describing the results 
of the review and evaluation conducted under subsection (a).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>