[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2819 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2819

    To amend the Poultry Products Inspection Act, the Federal Meat 
Inspection Act, and the Federal Food, Drug, and Cosmetic Act to require 
processors of food products to certify to the applicable Secretary that 
            the processed food products are not adulterated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2009

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Poultry Products Inspection Act, the Federal Meat 
Inspection Act, and the Federal Food, Drug, and Cosmetic Act to require 
processors of food products to certify to the applicable Secretary that 
            the processed food products are not adulterated.

    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 ``Processed Food Safety Act of 2009''.

SEC. 2. POULTRY SAFETY.

    (a) Definition of Misbranded.--Section 4(h) of the Poultry Products 
Inspection Act (21 U.S.C. 453(h)) is amended--
            (1) in paragraph (5)--
                    (A) by inserting ``(A)'' after ``(5)'';
                    (B) by striking ``showing (A) the name'' and 
                inserting the following: ``showing--
                    ``(i) the name'';
                    (C) by striking ``distributor; and (B) an 
                accurate'' and inserting the following: ``distributor;
                    ``(ii) subject to subparagraph (B), an accurate''; 
                and
                    (D) by striking ``count: Provided, That under 
                clause (B) of this subparagraph (5), reasonable'' and 
                inserting the following: ``count; and
                    ``(iii) an accurate description of each cut of 
                poultry or poultry product contained in the package or 
                other container; and
            ``(B) except that under subparagraph (A)(ii), reasonable'';
            (2) in paragraph (7)(B), by striking ``(other than spices, 
        flavoring, and coloring)''; and
            (3) in paragraph (9)(B), by striking ``; except that 
        spices, flavorings, and colorings may, when authorized by the 
        Secretary, be designated as spices, flavorings, and colorings 
        without naming each''.
    (b) Prohibited Acts.--Section 9 of the Poultry Products Inspection 
Act (21 U.S.C. 458) is amended--
            (1) in paragraph (5), by striking the period at the end and 
        adding ``or''; and
            (2) by adding at the end the following:
            ``(6) sell, transport, offer for sale or transportation, or 
        receive for transportation, in commerce, any poultry or poultry 
        product that is capable of use as human food, unless the person 
        (including any slaughterer, poultry products broker, renderer, 
        processor, reprocessor, retail food store, or official 
        establishment) affirmatively certifies to the Secretary that--
                    ``(A) each ingredient in the poultry or poultry 
                product that was added, modified, or otherwise handled 
                by the person has undergone a pathogen reduction 
                treatment in accordance with requirements of the 
                Secretary that will reduce the presence of pathogens of 
                public health concern and other harmful food borne 
                contaminants; or
                    ``(B) the person has tested and certified that each 
                ingredient in the poultry or poultry product that was 
                added, modified, or otherwise handled by the person 
                contains no verifiable traces of pathogens.''.
    (c) Phase-In Period.--Paragraph (6) of section 9 of the Poultry 
Products Inspection Act (as added by subsection (b)(2)) shall not apply 
until the date that is 18 months after the date of enactment of this 
Act.

SEC. 3. MEAT SAFETY.

    (a) Definition of Misbranded.--Section 1(n) of the Federal Meat 
Inspection Act (21 U.S.C. 601(n)) is amended--
            (1) in paragraph (5)--
                    (A) by inserting ``(A)'' after ``(5)'';
                    (B) by striking ``showing (A) the name'' and 
                inserting the following: ``showing--
                    ``(i) the name'';
                    (C) by striking ``distributor; and (B) an 
                accurate'' and inserting the following: ``distributor;
                    ``(ii) subject to subparagraph (B), an accurate''; 
                and
                    (D) by striking ``count: Provided, That under 
                clause (B) of this subparagraph (5), reasonable'' and 
                inserting the following: ``count; and
                    ``(iii) an accurate description of each cut of meat 
                or meat food product contained in the package or other 
                container; and
            ``(B) except that under subparagraph (A)(ii), reasonable'';
            (2) in paragraph (7)(B), by striking ``(other than spices, 
        flavoring, and coloring)''; and
            (3) in paragraph (9)(B), by striking ``; except that 
        spices, flavorings, and colorings may, when authorized by the 
        Secretary, be designated as spices, flavorings, and colorings 
        without naming each''.
    (b) Prohibited Acts.--Section 10 of the Federal Meat Inspection Act 
(21 U.S.C. 610) is amended--
            (1) by striking ``sec. 10. No person'' and inserting the 
        following:

``SEC. 10. PROHIBITED ACTS.

    ``No person'';
            (2) in subsection (c)--
                    (A) by striking ``in commerce (1) any'' and 
                inserting the following: ``in commerce--
                    ``(A) any'';
                    (B) by striking ``which (A) are capable of use as 
                human food and (B) are'' and inserting the following: 
                ``that--
                            ``(i) are capable of use as human food; and
                            ``(ii) are''; and
                    (C) by striking ``(2) any'' and inserting the 
                following:
                    ``(B) any'';
            (3) by redesignating subsections (a) through (d) as 
        paragraphs (1) through (4), respectively, and indenting 
        appropriately;
            (4) in paragraph (4) (as so redesignated), by striking the 
        period at the end and inserting ``; or''; and
            (5) by adding at the end the following:
            ``(5) sell, transport, offer for sale or transportation, or 
        receive for transportation, in commerce, any meat or meat food 
        product that is capable of use as human food, unless the 
        person, firm, or corporation (including any slaughterer, meat 
        broker, renderer, processor, reprocessor, retail food store, or 
        official establishment) affirmatively certifies to the 
        Secretary that--
                    ``(A) each ingredient in the meat or meat food 
                product that was added, modified, or otherwise handled 
                by the person, firm, or corporation has undergone a 
                pathogen reduction treatment in accordance with 
                requirements of the Secretary that will reduce the 
                presence of pathogens of public health concern and 
                other harmful food borne contaminants; or
                    ``(B) the person, firm, or corporation has tested 
                and certified that each ingredient in the meat or meat 
                food product that was added, modified, or otherwise 
                handled by the person, firm, or corporation contains no 
                verifiable traces of pathogens.''.
    (c) Phase-In Period.--Paragraph (5) of section 10 of the Federal 
Meat Inspection Act (as added by subsection (b)(5)) shall not apply 
until the date that is 18 months after the date of enactment of this 
Act.

SEC. 4. FOOD SAFETY.

    (a) Pathogen Reduction Treatment.--Chapter IV of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at 
the end the following:

``SEC. 418. PATHOGEN REDUCTION TREATMENT.

    ``(a) In General.--The Secretary shall promulgate regulations 
requiring each facility registered under section 415 to apply pathogen 
reduction treatments to each food, as the Secretary determines 
appropriate, that such facility manufactures, processes, packages, or 
holds for consumption in the United States.
    ``(b) Certification.--The Secretary shall promulgate regulations 
requiring each facility described in subsection (a) to certify to the 
Secretary that--
            ``(1) each food manufactured, processed, packaged, or held 
        (including each ingredient of such food that is added, 
        modified, or otherwise handled) by such facility contains no 
        verifiable traces of pathogens; or
            ``(2) each food leaving such facility has received pathogen 
        reduction treatments, as required by the regulations 
        promulgated under such subsection.''.
    (b) Phase-In Period.--The requirements under section 418(b) of the 
Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall 
not apply until the date that is 18 months after the date of enactment 
of this Act.
    (c) Technical Amendment.--Section 402 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the 
following:
    ``(j) If the facility has not provided a certification required 
under section 418.''.
    (d) Labeling With Respect to Spices, Flavoring, and Coloring.--
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) 
is amended--
            (1) in paragraph (g), by striking ``(other than spices,'' 
        and inserting ``(including spices,'';
            (2) in paragraph (i), by striking ``; except that spices, 
        flavorings, and colors not required to be certified under 
        section 721(c) unless sold as spices, flavorings, or such 
        colors, may be designated as spices, flavorings, and colorings 
        without naming each'';
            (3) in paragraph (k), by striking ``The provisions of this 
        paragraph and paragraphs (g) and (i) with respect to artificial 
        coloring shall not apply in the case of butter, cheese, or ice 
        cream.''; and
            (4) in paragraph (x), by striking ``Notwithstanding 
        subsection (g), (i), or (k), or any other law, a'' and 
        inserting ``A''.
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