[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6024 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6024

   To amend the Federal Meat Inspection Act to develop an effective 
   sampling and testing program to test for E. coli in boneless beef 
 manufacturing trimmings and other raw ground beef components, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

 Ms. DeLauro (for herself, Ms. Schakowsky, Mr. McDermott, Mrs. Lowey, 
  Mr. Grijalva, Ms. Lee of California, Mr. Meeks of New York, and Ms. 
 Richardson) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act to develop an effective 
   sampling and testing program to test for E. coli in boneless beef 
 manufacturing trimmings and other raw ground beef components, 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 ``E. coli Traceability and Eradication 
Act''.

SEC. 2. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF.

    (a) Amendment.--Title I of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF.

    ``(a) In General.--The Secretary of Agriculture shall require that 
slaughterhouses, processing establishments, and grinding facilities 
described in subsection (b) test for and report on the presence of 
Shiga toxin-producing E. coli at the following points:
            ``(1) One test at the slaughterhouse or processing 
        establishment at which source trim was produced and 1 test of 
        the source trim or bench trim at the receiving facility prior 
        to combining with other lots from different sources.
            ``(2) If the source trim and grinding occurs at the same 
        facility, 1 test of the source trim and 1 test of the final 
        ground product.
    ``(b) Administration.--To carry out this section, the Secretary 
shall--
            ``(1) publish peer-reviewed, science-based requirements for 
        sampling protocols that establish, for each product type--
                    ``(A) lot size limitations;
                    ``(B) sample size and the methodology used to 
                calculate the sample size;
                    ``(C) sample number;
                    ``(D) the expected power of the sample;
                    ``(E) in-field and laboratory sampling collection 
                methods; and
                    ``(F) a standard for validating laboratory test 
                methods;
            ``(2) at least every two years, publish a peer review of 
        the sampling protocols referred to in paragraph (1) and any 
        necessary revisions of such protocols;
            ``(3) approve establishment sampling protocols consistent 
        with the sampling protocols referred to in paragraph (1); and
            ``(4) in the case of a positive sample that indicates the 
        presence of Shiga toxin-producing E. coli in a lot of an 
        establishment--
                    ``(A) conduct an investigation sufficient to 
                identify the original source of contamination using 
                sampling protocols that include--
                            ``(i) collecting documentary evidence; and
                            ``(ii) collecting and analyzing a 
                        sufficient number of meat samples from the 
                        source lots, as identified by the collection of 
                        documentary evidence conducted under clause 
                        (i), to determine the presence or absence of 
                        the pathogen in the source lots and the 
                        identity of the establishment that was the 
                        original source of contamination at locations 
                        that may include--
                                    ``(I) the establishment that tested 
                                the meat from the original product 
                                lots;
                                    ``(II) an intermediary processor or 
                                warehouse holding meat from the same 
                                original product lots;
                                    ``(III) the establishment that 
                                produced the original product lots; or
                                    ``(IV) a Federally inspected or 
                                retail establishment that received part 
                                of the original product lots;
                    ``(B) verify that meat or meat food products 
                contaminated with Shiga toxin-producing E. coli, and 
                the entire lot that is represented by the sample, are 
                disposed of or treated to eradicate Shiga toxin-
                producing E. coli (in accordance with guidelines of the 
                Secretary) before entry into commerce; and
                    ``(C) promulgate regulations that require that the 
                slaughterhouse or processing establishment takes 
                corrective action and takes measures to prevent 
                reoccurrence.
    ``(c) Testing.--
            ``(1) In general.--A slaughterhouse or processing 
        establishment producing or a grinding facility receiving 
        trimmings shall test each lot using sampling standards and 
        procedures determined by the Secretary.
            ``(2) Testing facilities.--
                    ``(A) In general.--An establishment shall use an 
                independent testing facility accredited by the 
                Secretary that uses methods that are at least 
                equivalent in specificity and sensitivity to the 
                methods used by the Secretary to test beef trimmings.
                    ``(B) Administration.--In using an independent 
                testing facility under subparagraph (A), the 
                establishment--
                            ``(i) shall contract with the facility on 
                        an annual basis; and
                            ``(ii) shall not terminate the contract on 
                        the basis of positive test results reported by 
                        the facility.
            ``(3) Proficiency testing service.--A laboratory that tests 
        beef for Shiga toxin-producing E. coli shall contract with a 
        testing service to verify the proficiency of the laboratory.
            ``(4) Transmission of testing results.--
                    ``(A) In general.--Test results of any testing 
                conducted under this subsection shall be delivered, not 
                later than 24 hours after such results are obtained, to 
                a specific individual designated by each 
                slaughterhouse, processing establishment, or grinding 
                facility.
                    ``(B) Transmission to secretary.--The 
                slaughterhouse, processing establishment, or grinding 
                facility shall report any positive or presumptive 
                positive results directly to the Secretary through 
                electronic means not later than 24 hours after receipt 
                of results from a testing facility.
            ``(5) Habitual violators.--A slaughterhouse or processing 
        establishment that produces or distributes trim that receives 
        positive results that exceed the maximum allowable percentage 
        of positive results for 3 consecutive days or more than 10 
        instances per year shall be listed on the public website of the 
        Secretary as a habitual violator.
            ``(6) Compliance.--The Secretary shall take necessary 
        regulatory action with respect to an establishment that fails 
        to test, notify the Secretary of positive results, or otherwise 
        comply with this subsection.
    ``(d) Imported Ground Beef.--
            ``(1) In general.--Any trim, bench trim, and ground beef 
        originating from outside the United States shall be subject to 
        the same requirements as apply to domestic trim, bench trim, 
        and ground beef under this section.
            ``(2) Verification.--
                    ``(A) In general.--To be eligible for importation 
                into the United States, a foreign facility shall 
                provide a certification of compliance with paragraph 
                (1) to a domestic slaughterhouse, processing 
                establishment, or grinding facility.
                    ``(B) Secondary testing.--The domestic 
                slaughterhouse, processing establishment, or grinding 
                facility shall verify the results of the certification 
                by conducting secondary testing of the trim, bench 
                trim, or ground beef before processing into a final 
                ground beef product.''.
    (b) Application.--Section 26 of the Federal Meat Inspection Act, as 
amended by subsection (a), shall apply--
            (1) effective 180 days after the date of the enactment of 
        this section, to--
                    (A) all slaughterhouses and processing 
                establishments that produce more than 25,000 pounds of 
                trim per day; and
                    (B) grinding facilities that grind more than 25,000 
                pounds of trim or bench trim per day;
            (2) effective December 1, 2011, to--
                    (A) all slaughterhouses and processing 
                establishments that produce more than 5,000 but not 
                more than 25,000 pounds of trim per day; and
                    (B) grinding facilities that grind more than 5,000 
                but not more than 25,000 pounds of trim or bench trim 
                per day;
            (3) effective December 1, 2012, to--
                    (A) all slaughterhouses and processing 
                establishments that produce more than 1,000 but not 
                more than 5,000 pounds of trim per day; and
                    (B) grinding facilities that grind more than 1,000 
                but not more than 5,000 pounds of trim or bench trim 
                per day; and
            (4) effective December 1, 2013, to all slaughterhouses, 
        processing establishments, and grinding facilities that produce 
        or grind trim or bench trim.
    (c) Grants.--
            (1) In general.--The Secretary of Agriculture shall award 
        grants to assist slaughterhouses, processing establishments, 
        and grinding facilities in complying with section 26 of the 
        Federal Meat Inspection Act, as amended by subsection (a).
            (2) Eligible entities.--Grants awarded under this 
        subsection are limited to--
                    (A) slaughterhouses and processing establishments 
                that produce not more than 1,000 pounds of trim per 
                day; and
                    (B) grinding facilities that grind not more than 
                1,000 pounds of trim or bench trim per day.
            (3) Grant funding.--
                    (A) Amount.--The amount of each grant awarded under 
                this subsection shall not exceed $10,000.
                    (B) Priority.--The Secretary shall award grants 
                under this section on a first-come, first-served basis.
            (4) Termination.--The grant program established under this 
        section shall terminate on December 1, 2013.

SEC. 3. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT 
              FOOD PRODUCTS.

    (a) Findings.--Congress finds that it is essential and in the 
public interest that--
            (1) the health and welfare of consumers be protected by 
        ensuring that meat and meat food products distributed to 
        consumers are wholesome and not adulterated or contaminated; 
        and
            (2) Federal meat inspection programs identify all sources, 
        including the slaughterhouse source, of original adulteration 
        and contamination of enteric foodborne pathogens in meat in any 
        case in which--
                    (A) lab samples test positive for enteric pathogen 
                adulteration or contamination; or
                    (B) adulterated or contaminated meat is found in 
                commerce, including foodborne outbreaks.
    (b) Definitions.--Section 1 of the Federal Meat Inspection Act (21 
U.S.C. 601) is amended by adding at the end the following:
    ``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne 
pathogen' means live bacteriological matter that is commonly present in 
the digestive systems of animals for slaughter, including Shiga toxin-
producing E. coli and salmonella, the presence of which in meat food 
products may indicate unsanitary conditions at the point of slaughter.
    ``(y) Establishment.--The term `establishment' means any person, 
firm, meat broker, renderer, or animal food manufacturer.''.
    (c) Protection Against Adulterated and Contaminated Meat or Meat 
Food Products.--Section 8 of the Federal Meat Inspection Act (21 U.S.C. 
608) is amended--
            (1) by striking ``Sec. 8. The Secretary'' and inserting the 
        following:

``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT 
              FOOD PRODUCTS.

    ``(a) In General.--The Secretary'';
            (2) by inserting ``or contaminated'' after ``adulterated''; 
        and
            (3) by adding at the end the following:
    ``(b) Sampling Protocols.--
            ``(1) In general.--In carrying out this Act, the Secretary 
        shall implement sampling protocols using methods and 
        technologies to enable personnel of the Food Safety and 
        Inspection Service to rapidly trace potential adulteration and 
        contamination of meat and meat food products by enteric 
        foodborne pathogens to possible preceding sources of the 
        adulteration and contamination, including preparation, 
        packaging, and slaughtering establishments, to determine the 
        original site source of the adulteration or contamination.
            ``(2) Requirements.--
                    ``(A) In general.--The sampling protocols referred 
                to in paragraph (1) shall enable rapid tracing to the 
                source of contamination, through the--
                            ``(i) collection of documentary evidence; 
                        and
                            ``(ii) collection and analyses of a 
                        sufficient number of meat samples from the 
                        source lots, as identified by collection of 
                        documentary evidence conducted under clause 
                        (i), to determine the presence or absence of 
                        the pathogen in the source lots and the 
                        identity of the establishment that was the 
                        original source of contamination at locations 
                        that may include----
                                    ``(I) the establishment that tested 
                                the meat from the original product lot;
                                    ``(II) an intermediary processor or 
                                warehouse holding meat from the same 
                                original product lot;
                                    ``(III) the establishment that 
                                produced the original product lot; or
                                    ``(IV) a Federally inspected or 
                                retail establishment that received part 
                                of the original product lot.
                    ``(B) Timing.--The collection of documentary and 
                other relevant material to enable rapid tracing under 
                subparagraph (A) shall occur at the time that samples 
                of the relevant meat or meat food product are 
                collected.
                    ``(C) Certification.--The onsite inspector and a 
                responsible establishment representative shall certify 
                that the documentary and other tracing material 
                collected under subparagraph (A) is complete and 
                accurate.
            ``(3) Tracing of adulterated and contaminated meat and meat 
        food products.--If a meat or meat food product sample tests 
        positive or is indicated to test positive for adulteration or 
        contamination by enteric foodborne pathogens, the Secretary 
        shall immediately conduct a trace--
                    ``(A) to identify all sites of adulteration and 
                contamination, including preparation, packaging, and 
                slaughtering establishments; and
                    ``(B) to identify the original source of 
                adulteration or contamination.
            ``(4) Subsequent sampling.--If a raw ground meat sample 
        tests positive or is indicated to test positive for 
        adulteration or contamination by enteric foodborne pathogens at 
        a preparation, packaging, or slaughtering establishment, the 
        Secretary shall require subsequent sampling at the 
        establishment, and any establishments supplying that 
        establishment, each day for a minimum of 15 consecutive days 
        after the date on which the adulterated or contaminated sample 
        is collected.''.
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