[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.''.
<all>