[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2792 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2792

   To amend the Federal Meat Inspection Act to develop an effective 
 sampling and testing program to test for E. coli O157:H7 in boneless 
beef manufacturing trimmings and other raw ground beef components, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2009

Mrs. Gillibrand 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 to develop an effective 
 sampling and testing program to test for E. coli O157:H7 in boneless 
beef manufacturing trimmings and other raw ground beef components, 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 ``E. Coli Eradication Act of 2009''.

SEC. 2. E. COLI ERADICATION IN GROUND BEEF.

    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. E. COLI ERADICATION IN GROUND BEEF.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall require that 
slaughterhouses, processing establishments, and grinding facilities 
described in subsection (b) test for the presence of E. coli O157:H7 
(referred to in this section as `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) Application.--This section applies--
            ``(1) effective beginning on the date that is 180 days 
        after the date of enactment of this section, to--
                    ``(A) all slaughterhouses or processing 
                establishments that produce more than 25,000 pounds of 
                trim per day; or
                    ``(B) grinding facilities that grind more than 
                25,000 pounds of trim or bench trim per day; and
            ``(2) effective beginning on the date that is 3 years after 
        the date of enactment of this section, to all slaughterhouses, 
        processing establishments, and grinding facilities that produce 
        or grind trim or bench trim.
    ``(c) Administration.--To carry out this section, the Secretary 
shall--
            ``(1) approve definitions of lot sizes established by 
        establishments, except that an establishment--
                    ``(A) shall demonstrate to the Secretary scientific 
                justification for the definition of the lot; and
                    ``(B) shall not define a lot as more than 2,000 
                pounds;
            ``(2) establish testing standards;
            ``(3) assist processors in establishing appropriate 
        sampling plans for establishments; and
            ``(4) in the case of a positive sample that indicates the 
        presence of E. coli in a lot of an establishment--
                    ``(A) verify that meat or meat food products 
                contaminated with the E. coli, and the entire lot that 
                is represented by the sample, are disposed of or 
                treated to eradicate the E. coli (in accordance with 
                guidelines of the Secretary) before entry into 
                commerce; and
                    ``(B) promulgate regulations that require that the 
                slaughterhouse or processing establishment takes 
                corrective action and take measures to prevent 
                reoccurrence.
    ``(d) 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 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 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 sent to the 
                applicable slaughterhouse, processing establishment, or 
                grinding facility as soon as results are ready.
                    ``(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.
    ``(e) 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.''.
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