II 111th CONGRESS 1st Session S. 2792 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.

1.

Short title

This Act may be cited as the E. Coli Eradication Act of 2009.

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:

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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