I 111th CONGRESS 1st Session H. R. 814 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.
1.
Short title
This Act may be cited as the Tracing and Recalling Agricultural Contamination Everywhere Act of 2009 or TRACE Act of 2009.
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:
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.
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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:
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.).
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4.
Traceability of poultry
The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following:
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.).
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5.
Traceability of egg products
The Egg Products Inspection Act is amended by inserting after section 18 (21 U.S.C. 1047) the following:
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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