[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 814 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 814

  To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat 
   Inspection Act, the Poultry Products Inspection Act, and the Egg 
   Products Inspection Act to improve the safety of food, meat, and 
poultry products through enhanced traceability, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2009

Ms. DeGette (for herself, Ms. Bordallo, Mr. Nadler of New York, and Ms. 
   DeLauro) introduced the following bill; which was referred to the 
 Committee on Agriculture, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat 
   Inspection Act, the Poultry Products Inspection Act, and the Egg 
   Products Inspection Act to improve the safety of food, meat, and 
poultry products through enhanced traceability, 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 ``Tracing and Recalling Agricultural 
Contamination Everywhere Act of 2009'' or ``TRACE Act of 2009''.

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:
    ``(oo) 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 1 year 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 or registered identification.
    ``(c) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation 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, firm, and corporation 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, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(d) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, 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, firm, or 
corporation 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.''.

SEC. 3. TRACEABILITY OF LIVESTOCK.

    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. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term 
`traceability' means the ability to retrieve the history, use, and 
location of an article through a recordkeeping and audit system or 
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Cattle, sheep, swine, goats, and horses, 
        mules, and other equines presented for slaughter for human food 
        purposes, and the carcasses or parts of carcasses and the meat 
        and meat food products of those animals, shipped in interstate 
        commerce shall be identified in a manner that enables the 
        Secretary to trace--
                    ``(A) each animal to any premises or other location 
                at which the animal was held at any time before 
                slaughter; and
                    ``(B) each carcass or part of a carcass and meat 
                and meat food product of such animals forward from 
                slaughter through processing and distribution to the 
                ultimate consumer.
            ``(2) Traceability system.--Not later than 1 year after the 
        date of the enactment of this section, the Secretary shall 
        establish a traceability system for all stages of production, 
        processing, and distribution of meat and meat food products 
        that are produced through the slaughter of animals described in 
        paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may 
prohibit or restrict entry into any slaughtering establishment 
inspected under this Act of any cattle, sheep, swine, goats, or horses, 
mules, or other equines not identified as prescribed by the Secretary 
under subsection (b).
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation required to identify livestock 
        pursuant to subsection (b) maintain accurate records, as 
        prescribed by the Secretary, regarding the purchase, sale, and 
        identification of the livestock.
            ``(2) Access.--Each person, firm, and corporation 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, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, or 
to the Secretary, any information as to any premises at which any 
cattle, sheep, swine, goats, horses, mules, or other equines, or 
carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or 
corporation 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 premises at 
which were held any cattle, sheep, swine, goats, horses, mules, or 
other equines, or the carcasses thereof.
    ``(g) Relation to Country of Origin Labeling.--Nothing contained in 
this section prevents or interferes with implementation of the country 
of origin labeling requirements of subtitle D of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.

SEC. 4. TRACEABILITY OF POULTRY.

    The Poultry Products Inspection Act is amended by inserting after 
section 23 (21 U.S.C. 467e) the following:

``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term 
`traceability' means the ability to retrieve the history, use, and 
location of an article through a recordkeeping and audit system or 
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Poultry presented for slaughter for 
        human food purposes and poultry products shipped in interstate 
        commerce shall be identified in a manner that enables the 
        Secretary to trace--
                    ``(A) each animal to any premises or other location 
                at which the animal was held at any time before 
                slaughter; and
                    ``(B) each poultry product forward from slaughter 
                through processing and distribution to the ultimate 
                consumer.
            ``(2) Traceability system.--Not later than 1 year after the 
        date of the enactment of this section, the Secretary shall 
        establish a traceability system for all stages of production, 
        processing, and distribution of poultry and poultry food 
        products that are produced through the slaughter of animals 
        described in paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may 
prohibit or restrict entry into any slaughtering establishment 
inspected under this Act of any poultry not identified as prescribed by 
the Secretary.
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation required to identify poultry 
        pursuant to subsection (b) maintain accurate records, as 
        prescribed by the Secretary, regarding the purchase, sale, and 
        identification of the poultry.
            ``(2) Access.--Each person, firm, and corporation 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, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, or 
to the Secretary, any information as to any premises at which any 
poultry, or carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or 
corporation 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 premises at 
which were held any poultry or the carcasses thereof.
    ``(g) Relation to Country of Origin Labeling.--Nothing contained in 
this section prevents or interferes with implementation of the country 
of origin labeling requirements of subtitle D of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.

SEC. 5. TRACEABILITY OF EGG PRODUCTS.

    The Egg Products Inspection Act is amended by inserting after 
section 18 (21 U.S.C. 1047) the following:

``SEC. 18A. TRACEABILITY OF EGGS AND EGG PRODUCTS.

    ``(a) Establishment of System.--Not later than 1 year 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 eggs and egg 
products.
    ``(b) Description of System.--The traceability system required by 
subsection (a) shall require each egg or egg product shipped in 
interstate commerce to be identified in a manner that enables the 
Secretary to retrieve the history, use, and location of the egg or egg 
product through a recordkeeping and audit system or registered 
identification.
    ``(c) Records.--
            ``(1) In general.--The Secretary may require that each 
        person, firm, and corporation required to identify eggs or egg 
        products pursuant to subsection (b) maintain accurate records, 
        as prescribed by the Secretary, regarding the purchase, sale, 
        and identification of the eggs or egg products.
            ``(2) Access.--Each person, firm, and corporation 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, firm, or corporation to examine and copy the records 
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation 
        described in paragraph (1) shall maintain records required to 
        be maintained under this subsection for such period of time as 
        the Secretary prescribes.
    ``(d) False Information.--No person, firm, or corporation shall 
falsify or misrepresent to any other person, firm, or corporation, or 
to the Secretary, any information as to any location at which any eggs 
or egg products were held.
    ``(e) Alteration or Destruction of Records.--No person, firm, or 
corporation 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 locations at 
which were held any eggs or egg products.''.
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