[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 429 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 429

To ensure the safety of imported food products for the citizens of the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2009

Mr. Casey (for himself and Mr. Grassley) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To ensure the safety of imported food products for the citizens of the 
                 United States, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ending 
Agricultural Threats: Safeguarding America's Food for Everyone (EAT 
SAFE) Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Food safety training, personnel, and coordination.
Sec. 5. Reporting of smuggled food products.
Sec. 6. Civil penalties relating to illegally imported meat and poultry 
                            products.
Sec. 7. Certification of food safety labs.
Sec. 8. Data sharing.
Sec. 9. Public notice regarding recalled food products.
Sec. 10. Foodborne illness education and outreach competitive grants 
                            program.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the safety of the food supply of the United States is 
        vital to--
                    (A) the health of the citizens of the United 
                States;
                    (B) the preservation of the confidence of those 
                citizens in the food supply of the United States; and
                    (C) the success of the food sector of the United 
                States economy;
            (2) the United States has the safest food supply in the 
        world, and maintaining a secure domestic food supply is 
        imperative for the national security of the United States;
            (3) in a report published by the Government Accountability 
        Office in January 2007, the Comptroller General of the United 
        States described food safety oversight as 1 of the 29 high-risk 
        program areas of the Federal Government; and
            (4) the task of preserving the safety of the food supply of 
        the United States is complicated by pressures relating to--
                    (A) food products that are smuggled or imported 
                into the United States without being screened, 
                monitored, or inspected as required by law; and
                    (B) the need to improve the enforcement of the 
                United States in reducing the quantity of food products 
                that are--
                            (i) smuggled into the United States; and
                            (ii) imported into the United States 
                        without being screened, monitored, or inspected 
                        as required by law.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Food and Drug Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Animal and Plant Health Inspection 
        Service.
            (3) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (4) Food defense threat.--The term ``food defense threat'' 
        means any intentional contamination, including any disease, 
        pest, or poisonous agent, that could adversely affect the 
        safety of human or animal food products.
            (5) Smuggled food product.--The term ``smuggled food 
        product'' means a prohibited human or animal food product that 
        a person fraudulently brings into the United States.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. FOOD SAFETY TRAINING, PERSONNEL, AND COORDINATION.

    (a) Department.--
            (1) Training programs.--
                    (A) Agricultural specialists.--
                            (i) Establishment.--The Secretary shall 
                        establish training programs to educate each 
                        Federal employee who is employed in a position 
                        described in section 421(g) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 231(g)) on 
                        issues relating to food safety and 
                        agroterrorism.
                            (ii) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this subparagraph $1,700,000.
                    (B) Cross-training of employees of united states 
                customs and border protection.--
                            (i) Establishment.--The Secretary shall 
                        establish training programs to educate border 
                        patrol agents employed by the United States 
                        Customs and Border Protection of the Department 
                        of Homeland Security about identifying human, 
                        animal, and plant health threats and referring 
                        the threats to the appropriate agencies.
                            (ii) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this subparagraph $4,800,000.
            (2) Illegal import detection personnel.--Subtitle G of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        6981 et seq.) is amended by adding at the end the following:

``SEC. 263. FOOD SAFETY PERSONNEL AND TRAINING.

    ``(a) Additional Employees.--Not later than 2 years after the date 
of enactment of the Ending Agricultural Threats: Safeguarding America's 
Food for Everyone (EAT SAFE) Act of 2009, the Secretary shall hire a 
sufficient number of employees to increase the number of full-time 
field investigators, import surveillance officers, support staff, 
analysts, and compliance and enforcement experts employed by the Food 
Safety and Inspection Service as of October 1, 2007, by 100 employees, 
in order to--
            ``(1) provide additional detection of food defense threats;
            ``(2) detect, track, and remove smuggled human food 
        products from commerce; and
            ``(3) impose penalties on persons or organizations that 
        threaten the food supply.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000.''.
    (b) Administration.--Chapter IV of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end 
the following:

``SEC. 418. FOOD SAFETY PERSONNEL AND TRAINING.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Ending Agricultural Threats: Safeguarding America's 
Food for Everyone (EAT SAFE) Act of 2009, the Secretary shall hire a 
sufficient number of employees to increase the number of full-time 
field investigators, import surveillance officers, support staff, 
analysts, and compliance and enforcement experts employed by the Food 
and Drug Administration as of October 1, 2007, by 150 employees, in 
order to--
            ``(1) provide additional detection of food defense threats;
            ``(2) detect, track, and remove smuggled food products from 
        commerce; and
            ``(3) impose penalties on persons or organizations that 
        threaten the food supply.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.''.
    (c) Coordination of Federal Agencies.--Section 411(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(b)) is amended by adding at 
the end the following:
            ``(4) Coordination of federal agencies.--The Commissioner 
        of United States Customs and Border Protection, in coordination 
        with the Secretary of Agriculture and the Commissioner of Food 
        and Drugs, shall conduct activities to target, track, and 
        inspect shipments that--
                    ``(A) contain human and animal food products; and
                    ``(B) are imported into the United States.''.

SEC. 5. REPORTING OF SMUGGLED FOOD PRODUCTS.

    (a) Department.--
            (1) Public notification.--
                    (A) In general.--Not later than 3 days after the 
                date on which the Department identifies a smuggled food 
                product, the Secretary shall provide to the public 
                notification describing the food product identified by 
                the Department and, if available, the individual or 
                entity that smuggled the food product.
                    (B) Required forms of notification.--The Secretary 
                shall provide public notification under subparagraph 
                (A) through--
                            (i) a news release of the Department for 
                        each smuggled food product identified by the 
                        Department;
                            (ii) a description of each smuggled food 
                        product on the website of the Department;
                            (iii) the management of a periodically 
                        updated list that contains a description of 
                        each individual or entity that smuggled the 
                        food product identified by the Secretary under 
                        subparagraph (A); and
                            (iv) any other appropriate means, as 
                        determined by the Secretary.
            (2) Notification to department of homeland security.--Not 
        later than 30 days after the date on which the Department 
        identifies a smuggled food product, the Secretary shall provide 
        to the Department of Homeland Security notification of the 
        smuggled food product.
    (b) Administration.--
            (1) Public notification.--
                    (A) In general.--Not later than 3 days after the 
                date on which the Administration identifies a smuggled 
                food product, the Secretary of Health and Human 
                Services shall provide to the public notification 
                describing the smuggled food product identified by the 
                Administration and, if available, the individual or 
                entity that smuggled the food product.
                    (B) Required forms of notification.--The Secretary 
                of Health and Human Services shall provide public 
                notification under subparagraph (A) through--
                            (i) a press release of the Administration 
                        for each smuggled food product identified by 
                        the Administration;
                            (ii) a description of each smuggled food 
                        product on the website of the Administration;
                            (iii) the management of a periodically 
                        updated list that contains a description of 
                        each individual or entity that smuggled the 
                        food product identified by the Secretary of 
                        Health and Human Services under subparagraph 
                        (A); and
                            (iv) any other appropriate means, as 
                        determined by the Secretary of Health and Human 
                        Services.
            (2) Notification to department of homeland security.--Not 
        later than 30 days after the date on which the Administration 
        identifies a smuggled food product, the Secretary of Health and 
        Human Services shall provide to the Department of Homeland 
        Security notification of the smuggled food product.

SEC. 6. CIVIL PENALTIES RELATING TO ILLEGALLY IMPORTED MEAT AND POULTRY 
              PRODUCTS.

    (a) Meat Products.--Section 20(b) of the Federal Meat Inspection 
Act (21 U.S.C. 620(b)) is amended--
            (1) by striking ``(b) The Secretary'' and inserting the 
        following:
    ``(b) Destruction; Civil Penalties.--
            ``(1) Destruction.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Civil penalties.--Each individual or entity that 
        fails to present each meat article that is the subject of the 
        importation of the individual or entity to an inspection 
        facility approved by the Secretary shall be liable for a civil 
        penalty assessed by the Secretary in an amount not to exceed 
        $25,000 for each meat article that the individual or entity 
        fails to present to the inspection facility.''.
    (b) Poultry Products.--Section 12 of the Poultry Products 
Inspection Act (21 U.S.C. 461) is amended--
            (1) by striking the section heading and all that follows 
        through ``(a) Any person'' and inserting the following:

``SEC. 12. PENALTIES.

    ``(a) Penalties Relating to the Violation of Certain Sections.--
            ``(1) In general.--Any person''; and
            (2) in subsection (a) (as amended by paragraph (1)), by 
        adding at the end the following:
            ``(2) Failure to present poultry products at designated 
        inspection facilities.--Each individual or entity that fails to 
        present each poultry product that is the subject of the 
        importation of the individual or entity to an inspection 
        facility approved by the Secretary shall be liable for a civil 
        penalty assessed by the Secretary in an amount not to exceed 
        $25,000 for each poultry product that the individual or entity 
        fails to present to the inspection facility.''.
    (c) Egg Products.--Section 12 of the Egg Products Inspection Act 
(21 U.S.C. 1041) is amended--
            (1) by striking the section heading and all that follows 
        through ``(a) Any person'' and inserting the following:

``SEC. 12. PENALTIES.

    ``(a) Penalties Relating to the Violation of Certain Prohibited 
Actions.--
            ``(1) In general.--Any person''; and
            (2) in subsection (a) (as amended by paragraph (1)), by 
        adding at the end the following:
            ``(2) Failure to present egg products at designated 
        inspection facilities.--Each individual or entity that fails to 
        present each egg product that is the subject of the importation 
        of the individual or entity to an inspection facility approved 
        by the Secretary shall be liable for a civil penalty assessed 
        by the Secretary in an amount not to exceed $25,000 for each 
        egg product that the individual or entity fails to present to 
        the inspection facility.''.

SEC. 7. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF TEST RESULTS.

    (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 341 et seq.), as amended by section 4(b), is amended by 
adding at the end the following:

``SEC. 419. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF TEST 
              RESULTS.

    ``(a) Definition of Food Safety Lab.--In this section, the term 
`food safety lab' means an establishment that conducts testing, on 
behalf of an importer through a contract or other arrangement, to 
ensure the safety of articles of food.
    ``(b) Certification Requirement.--
            ``(1) In general.--A food safety lab shall submit to the 
        Secretary an application for certification. Upon review, the 
        Secretary may grant or deny certification to the food safety 
        lab.
            ``(2) Certification standards.--The Secretary shall 
        establish criteria and methodologies for the evaluation of 
        applications for certification submitted under paragraph (1). 
        Such criteria shall include the requirements that a food safety 
        lab--
                    ``(A) be accredited as being in compliance with 
                standards set by the International Organization for 
                Standardization;
                    ``(B) agree to permit the Secretary to conduct an 
                inspection of the facilities of the food safety lab and 
                the procedures of such lab before making a 
                certification determination;
                    ``(C) agree to permit the Secretary to conduct 
                routine audits of the facilities of the food safety lab 
                to ensure ongoing compliance with accreditation and 
                certification requirements;
                    ``(D) submit with such application a fee 
                established by the Secretary in an amount sufficient to 
                cover the cost of application review, including 
                inspection under subparagraph (B); and
                    ``(E) agree to submit to the Secretary, in 
                accordance with the process established under 
                subsection (c), the results of tests conducted by such 
                food safety lab on behalf of an importer.
    ``(c) Submission of Test Results.--The Secretary shall establish a 
process by which a food safety lab certified under this section shall 
submit to the Secretary the results of all tests conducted by such food 
safety lab on behalf of an importer.''.
    (b) Enforcement.--Section 303(f) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 333(f)) is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (7), (8), and (9), respectively;
            (2) by inserting after paragraph (4) the following:
    ``(5) An importer (as such term is used in section 419) shall be 
subject to a civil penalty in an amount not to exceed $25,000 if such 
importer knowingly engages in the falsification of test results 
submitted to the Secretary by a food safety lab certified under section 
419.
    ``(6) A food safety lab certified under section 419 shall be 
subject to a civil penalty in an amount not to exceed $25,000 for 
knowingly submitting to the Secretary false test results under section 
419.'';
            (3) in paragraph (2)(C), by striking ``paragraph (5)(A)'' 
        and inserting ``paragraph (7)(A)'';
            (4) in paragraph (7), as so redesignated, by striking ``or 
        (4)'' each place it appears and inserting ``(4), (5), or (6)'';
            (5) in paragraph (8), by striking ``paragraph (5)(A)'' and 
        inserting ``paragraph (7)(A)''; and
            (6) in paragraph (9), as so redesignated, by striking 
        ``paragraph (6)'' each place it appears and inserting 
        ``paragraph (8)''.

SEC. 8. DATA SHARING.

    (a) Department of Agriculture Memoranda of Understanding.--The 
Secretary shall ensure that the agencies within the Department of 
Agriculture, including the Food Safety and Inspection Service, the 
Agricultural Research Service, and the Animal and Plant Health 
Inspection Service, enter into a memorandum of understanding to ensure 
the timely and efficient sharing of all information collected by such 
agencies related to foodborne pathogens, contaminants, and illnesses.
    (b) Interagency Memorandum of Understanding.--The Secretary, in 
collaboration with the Secretary of Health and Human Services, shall 
enter into a memorandum of understanding between the agencies within 
the Department of Agriculture, including those described in subsection 
(a), and the agencies within the Department of Health and Human 
Services, including the Centers for Disease Control and Prevention and 
the Food and Drug Administration, to ensure the timely and efficient 
sharing of all information collected by such agencies related to 
foodborne pathogens, contaminants, and illnesses.

SEC. 9. PUBLIC NOTICE REGARDING RECALLED FOOD PRODUCTS.

    (a) Department.--
            (1) News releases regarding recalled food products.--
                    (A) In general.--On the date on which a human or 
                animal food product regulated by the Department is 
                voluntarily recalled, the Secretary shall provide to 
                the public a news release describing the human or 
                animal food product.
                    (B) Contents.--Each news release described in 
                subparagraph (A) shall contain a comprehensive list of 
                each human and animal food product regulated by the 
                Department that is voluntarily recalled.
            (2) Website.--The Secretary shall modify the website of the 
        Department to contain--
                    (A) not later than 1 business day after the date on 
                which a human or animal food product regulated by the 
                Department is voluntarily recalled, a news release 
                describing the human or animal food product;
                    (B) if available, an image of each human and animal 
                food product that is the subject of a news release 
                described in subparagraph (A); and
                    (C) not later than 90 days after the date of 
                enactment of this Act, a search engine that--
                            (i) is consumer-friendly, as determined by 
                        the Secretary; and
                            (ii) provides a means by which an 
                        individual could locate each human and animal 
                        food product regulated by the Department that 
                        is voluntarily recalled.
            (3) State-issued and industry press releases.--To meet the 
        requirement under paragraph (1)(A), the Secretary--
                    (A) may provide to the public a press release 
                issued by a State; and
                    (B) shall not provide to the public a press release 
                issued by a private industry entity in lieu of a press 
                release issued by the Federal Government or a State.
            (4) Prohibition on delegation of duty.--The Secretary may 
        not delegate, by contract or otherwise, the duty of the 
        Secretary--
                    (A) to provide to the public a news release under 
                paragraph (1); and
                    (B) to make any required modification to the 
                website of the Department under paragraph (2).
    (b) Administration.--
            (1) Press releases regarding recalled food products.--
                    (A) In general.--On the date on which a human or 
                animal food product regulated by the Administration is 
                voluntarily recalled, the Secretary of Health and Human 
                Services shall provide to the public a press release 
                describing the human or animal food product.
                    (B) Contents.--Each press release described in 
                subparagraph (A) shall contain a comprehensive list of 
                each human and animal food product regulated by the 
                Administration that is voluntarily recalled.
            (2) Website.--The Secretary of Health and Human Services 
        shall modify the website of the Administration to contain--
                    (A) not later than 1 business day after the date on 
                which a human or animal food product regulated by the 
                Administration is voluntarily recalled a press release 
                describing the human or animal food product;
                    (B) if available, an image of each human and animal 
                food product that is the subject of a press release 
                described in subparagraph (A); and
                    (C) not later than 90 days after the date of 
                enactment of this Act, a search engine that--
                            (i) is consumer-friendly, as determined by 
                        the Secretary of Health and Human Services; and
                            (ii) provides a means by which an 
                        individual could locate each human and animal 
                        food product regulated by the Administration 
                        that is voluntarily recalled.
            (3) State-issued and industry press releases.--For purposes 
        of meeting the requirement under paragraph (1)(A), the 
        Secretary of Health and Human Services--
                    (A) may provide to the public a press release 
                issued by a State; and
                    (B) may not provide to the public a press release 
                issued by a private industry entity in lieu of a press 
                release issued by a State or the Federal Government.
            (4) Prohibition on delegation of duty.--The Secretary of 
        Health and Human Services may not delegate, by contract or 
        otherwise, the duty of the Secretary of Health and Human 
        Services--
                    (A) to provide to the public a press release under 
                paragraph (1); and
                    (B) to make any required modification to the 
                website of the Administration under paragraph (2).

SEC. 10. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE GRANTS 
              PROGRAM.

    Title IV of the Agricultural Research, Extension, and Education 
Reform Act of 1998 is amended by adding after section 412 (7 U.S.C. 
7632) the following:

``SEC. 413. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE GRANTS 
              PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Food Safety and Inspection Service.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of Food and Drugs.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) the government of a State (including a 
                political subdivision of a State);
                    ``(B) an educational institution;
                    ``(C) a private for-profit organization;
                    ``(D) a private non-profit organization; and
                    ``(E) any other appropriate individual or entity, 
                as determined by the Secretary.
    ``(b) Establishment.--The Secretary (acting through the 
Administrator of the Cooperative State Research, Education, and 
Extension Service), in consultation with the Administrator and the 
Commissioner, shall establish and administer a competitive grant 
program to provide grants to eligible entities to enable the eligible 
entities to carry out educational outreach partnerships and programs to 
provide to health providers, patients, and consumers information to 
enable those individuals and entities--
            ``(1) to recognize--
                    ``(A) foodborne illness as a serious public health 
                issue; and
                    ``(B) each symptom of foodborne illness to ensure 
                the proper treatment of foodborne illness;
            ``(2) to understand--
                    ``(A) the potential for contamination of human and 
                animal food products during each phase of the 
                production of human and animal food products; and
                    ``(B) the importance of using techniques that help 
                ensure the safe handling of human and animal food 
                products; and
            ``(3) to assess the risk of foodborne illness to ensure the 
        proper selection by consumers of human and animal food 
        products.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,500,000 for fiscal year 2009 
and each fiscal year thereafter.''.
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