Short title

This Act may be cited as the

E. coli Traceability and Eradication Act

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:

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.

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:

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.