[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3422 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3422

 To amend the Federal Food, Drug, and Cosmetic Act to provide for the 
    establishment of a traceability system for food, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

   Mr. Brown introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Food, Drug, and Cosmetic Act to provide for the 
    establishment of a traceability system for food, 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 ``Food Tracking Improvement Act''.

SEC. 2. TRACEABILITY OF FOOD.

    The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is 
amended--
            (1) in section 301, by inserting at the end the following:
    ``(jj) The failure to comply with any requirement of section 414A 
(relating to the traceability of food).''; and
            (2) in chapter IV, by inserting after section 414 the 
        following:

``SEC. 414A. TRACEABILITY OF FOOD.

    ``(a) Establishment of System.--Not later than 3 years after the 
date of the enactment of this section, the Secretary shall establish a 
traceability system described in subsection (b) for all stages of 
manufacturing, processing, packaging, and distribution of food.
    ``(b) Description of System.--The traceability system required by 
subsection (a) shall require each article of food shipped in interstate 
commerce to be identified in a manner that enables the Secretary to 
retrieve the history, use, and location of the article through a 
recordkeeping and audit system, a secure, online database, or 
registered identification.
    ``(c) Records.--
            ``(1) In general.--The Secretary may require that each 
        person required to identify an article of food pursuant to 
        subsection (b) maintain accurate records, as prescribed by the 
        Secretary, regarding the purchase, sale, and identification of 
        the article.
            ``(2) Access.--Each person described in paragraph (1) 
        shall, at all reasonable times, on notice by a duly authorized 
        representative of the Secretary, allow the representative to 
        access to each place of business of the person to examine and 
        copy the records described in paragraph (1).
            ``(3) Duration.--Each person described in paragraph (1) 
        shall maintain records as required under this subsection for 
        such period of time as the Secretary prescribes.
    ``(d) False Information.--No person shall falsify or misrepresent 
to any other person or to the Secretary, any information as to any 
location at which any article of food was held.
    ``(e) Alteration or Destruction of Records.--No person shall, 
without authorization from the Secretary, alter, detach, or destroy any 
records or other means of identification prescribed by the Secretary 
for use in determining the location at which any article of food was 
held.
    ``(f) Advisory Committee.--
            ``(1) In general.--In order to assist the Secretary in 
        implementing the traceability system under subsection (a), the 
        Secretary shall convene an advisory committee (referred to in 
        this subsection as the `Committee').
            ``(2) Membership.--The Committee shall consist of 13 
        members appointed by the Secretary which shall include--
                    ``(A) an equitable number of food safety and 
                tracking technology experts, representatives of the 
                food industry, and consumer advocates; and
                    ``(B) officials from the Center for Food Safety and 
                Applied Nutrition and the Office of Regulatory Affairs 
                of the Food and Drug Administration and the Agriculture 
                Marketing Service of the Department of Agriculture.
            ``(3) Chairperson.--The Secretary shall appoint a 
        Chairperson of the Committee.
            ``(4) Meeting.--The Committee shall convene not later than 
        180 days after the date of enactment of this section and 
        periodically thereafter at the call of the Chairperson.
            ``(5) Report of committee.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Committee shall 
                submit to the Secretary and the Office of the 
                Commissioner a report that describes the 
                recommendations regarding the most practicable approach 
                to providing for the traceability of food, including 
                the most efficient means of implementing the traceback 
                of contaminated foods.
                    ``(B) Considerations.--In developing the report 
                under subparagraph (A), the Committee shall consider 
                the following approaches to providing for the 
                traceability of food:
                            ``(i) A national database or registry 
                        operated by the Food and Drug Administration.
                            ``(ii) Electronic records identifying each 
                        prior sale, purchase, or trade of the food and 
                        its ingredients, and establishing that the food 
                        and its ingredients were grown, prepared, 
                        handled, manufactured, processed, distributed, 
                        shipped, warehoused, imported, and conveyed 
                        under conditions to ensure the safety of the 
                        food. The records would include an electronic 
                        statement with the date of, and the names and 
                        addresses of all parties to, each prior sale, 
                        purchase, or trade, and any other information 
                        as appropriate.
                            ``(iii) Standardized tracking numbers on 
                        all shipments. These numbers would identify the 
                        country of origin, the unique facility 
                        registration number, date of production, and 
                        lot number (if applicable).
                            ``(iv) Recall performance standards for 
                        each food or commodity type.
                            ``(v) Safeguards for the combining, 
                        repacking, or otherwise mixing of items of 
                        food, particularly fresh produce.
                            ``(vi) Other approaches that enable the 
                        reliable tracking of food and food products.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $40,000,000 
for the period of fiscal years 2009 through 2011.''.
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