1.This Act may be cited as
the Processed Food Safety Act of
2009
.
2.
(a)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)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)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.
3.
(a)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)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:
;
(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)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.
4.
(a)Pathogen
reduction treatmentChapter 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:
418.Pathogen
reduction treatment
(a)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)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)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)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 coloringSection 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
.