[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1527 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1527
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to authorize the Secretary of Agriculture to order the
recall of meat and poultry that is adulterated, misbranded, or
otherwise unsafe.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2009
Mr. Udall of New Mexico introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to authorize the Secretary of Agriculture to order the
recall of meat and poultry that is adulterated, misbranded, or
otherwise unsafe.
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 ``Unsafe Meat and Poultry Recall
Act''.
SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.
(a) Mandatory Recalls Authorized.--The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended--
(1) by redesignating section 411 (21 U.S.C. 680) as section
412; and
(2) by inserting after section 410 (21 U.S.C. 679a) the
following new section:
``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS.
``(a) Meat Product Defined.--In this section, the term `meat
product' means a carcass, part of a carcass, meat, or meat food product
of an amenable species.
``(b) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a meat product handled by the person is in
violation of this Act shall immediately notify the Secretary,
in such manner and by such means as the Secretary may by
regulation promulgate, of the identity and location of the meat
product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) shall not apply to--
``(A) consumers of meat products; and
``(B) such other persons as the Secretary may
exempt by regulation.
``(c) Voluntary Nondistribution and Recall.--If the Secretary finds
that a meat product is in violation of this Act and that there is a
reasonable probability that human consumption of the meat product may
present a threat to public health, the Secretary shall provide all
appropriate persons that handled the meat product, as determined by the
Secretary, with an opportunity to--
``(1) cease distribution of the meat product;
``(2) notify all persons handling the meat product to
immediately cease distribution of the meat product;
``(3) recall the meat product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the meat product may have been distributed.
``(d) Mandatory Actions.--If a person does not voluntarily take the
actions described in subsection (c) with respect to a meat product
within the time and in the manner prescribed by the Secretary, the
Secretary may, by order, require such person to immediately--
``(1) cease distribution of the meat product;
``(2) notify all persons handling the meat product to
immediately cease distribution of the meat product; and
``(3) recall the meat product or take other appropriate
action, as determined by the Secretary.
``(e) Notice to Consumers.--If the Secretary orders a mandatory
action under subsection (d), the Secretary shall provide notice of the
action to consumers to whom the meat product may have been distributed
to the extent the Secretary considers necessary.
``(f) Nondistribution by Notified Persons.--A person handling a
meat product that receives notification under subsection (c) or (d)
shall immediately cease distribution of the meat product.
``(g) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (d), the Secretary shall vacate the order.
``(h) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available under any
other provision of law.''.
(b) Definition of Person.--
(1) In general.--Section 1 of the Federal Meat Inspection
Act (21 U.S.C. 601) is amended by adding at the end the
following new subsection:
``(x) Person.--The term `person' means any individual, partnership,
corporation, association, or other business unit.''.
(2) Conforming amendments.--The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended--
(A) by striking ``person, firm, or corporation''
each place it appears and inserting ``person'';
(B) by striking ``persons, firms, and
corporations'' each place it appears and inserting
``persons''; and
(C) by striking ``persons, firms, or corporations''
each place it appears and inserting ``persons''.
SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by adding at the end the following new section:
``SEC. 32. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS.
``(a) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a poultry product handled by the person is in
violation of this Act shall immediately notify the Secretary,
in such manner and by such means as the Secretary may by
regulation promulgate, of the identity and location of the
poultry product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) shall not apply to--
``(A) consumers of poultry products; and
``(B) such other persons as the Secretary may
exempt by regulation.
``(b) Voluntary Nondistribution and Recall.--If the Secretary finds
that a poultry product is in violation of this Act and that there is a
reasonable probability that human consumption of the poultry product
may present a threat to public health, the Secretary shall provide all
appropriate persons that handled the poultry product, as determined by
the Secretary, with an opportunity to--
``(1) cease distribution of the poultry product;
``(2) notify all persons handling the poultry product to
immediately cease distribution of the poultry product;
``(3) recall the poultry product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the poultry product may have been
distributed.
``(c) Mandatory Actions.--If a person does not voluntarily take the
actions described in subsection (b) with respect to a poultry product
within the time and in the manner prescribed by the Secretary, the
Secretary may, by order, require the person to immediately--
``(1) cease distribution of the poultry product;
``(2) notify all persons handling the poultry product to
immediately cease distribution of the poultry product; and
``(3) recall the poultry product or take other appropriate
action, as determined by the Secretary.
``(d) Notice to Consumers.--If the Secretary orders a mandatory
action under subsection (c), the Secretary shall provide notice of the
action to consumers to whom the poultry product may have been
distributed, to the extent the Secretary considers necessary.
``(e) Nondistribution by Notified Persons.--A person handling a
poultry product that receives notification under subsection (b) or (c)
shall immediately cease distribution of the poultry product.
``(f) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (c), the Secretary shall vacate the order.
``(g) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available under any
other provision of law.''.
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