[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1502
To require the Secretary of Agriculture to protect against foodborne
illnesses, provide enhanced notification of recalled meat, poultry,
eggs, and related food products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2013
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to protect against foodborne
illnesses, provide enhanced notification of recalled meat, poultry,
eggs, and related food products, 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 ``Safe Meat and
Poultry Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
TITLE I--SAFE MEAT AND POULTRY
Sec. 101. Definition of adulterated.
TITLE II--FOOD SAFETY
Sec. 201. Food safety.
Sec. 202. Good commercial practices in receiving and processing live
poultry.
TITLE III--RESEARCH AND EDUCATION
Sec. 301. Definition of Secretary.
Sec. 302. Public health assessment system.
Sec. 303. Public education and advisory system.
Sec. 304. Research.
TITLE IV--CRIMINAL PENALTIES AND OTHER PROVISIONS
Sec. 401. Criminal penalties.
Sec. 402. Ongoing assessment of occupational health.
Sec. 403. Reports and evaluation of implementation.
Sec. 404. Authorization of appropriations.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the safety of the food supply of the United States is
vital to the public health, public confidence in the food
supply, and the success of the food sector of the economy of
the United States;
(2) lapses in the protection of the food supply and the
loss of public confidence that results from foodborne illness
outbreaks and food recalls are damaging to consumers and the
food industry, and place a burden on interstate commerce and
international trade;
(3) the Food Safety and Inspection Service of the
Department of Agriculture has jurisdiction over meat, poultry,
and egg products;
(4)(A) events recent to the date of enactment of this Act
demonstrate that the food safety system administered by the
Food Safety and Inspection Service is not effective in
controlling risk in regulated food; and
(B) these events have adversely affected consumer
confidence;
(5) new and emerging pathogens such as antibiotic-resistant
Salmonella, and enterohemorrhagic (EHEC) Shiga toxin-producing
serotypes of Escherichia coli (E. coli) place an increasing
number of people at high risk for foodborne illness;
(6) several court decisions, relying on outdated
understandings of the risks and nature of microbiological
contaminants, have issued rulings that impose barriers to
reasonable efforts by the Food Safety and Inspection Service to
prevent foodborne illness;
(7) Federal food safety standard setting, inspection,
enforcement, and research efforts should be based on the best
available science and public health considerations, and food
safety resources should be deployed in ways that most
effectively prevent foodborne illness;
(8) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
was first enacted in 1907, the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.) was first enacted in 1957, and the last
substantial amendment to those laws occurred 44 years before
the date of enactment of this Act;
(9) Congress passed the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6901 et seq.),
establishing the office of the Under Secretary of Agriculture
for Food Safety in order to centralize and modernize the food
safety system at the Department of Agriculture; and
(10) improving Federal oversight of food safety requires a
modern food safety mandate and clear authorities to effectively
protect the public from foodborne diseases associated with the
products that the Food Safety and Inspection Service regulates.
(b) Purposes.--The purposes of this Act are--
(1) to establish an effective, preventive food safety
system administered by the Food Safety and Inspection Service--
(A) to regulate food safety and labeling to
strengthen the protection of the public health;
(B) to focus new attention on pathogens of public
health significance, such as EHEC, including Shiga
toxin-producing E. coli (STEC), and Salmonella strains,
including strains that are antibiotic resistant; and
(C) to participate with the Food and Drug
Administration in an integrated, systemwide approach to
food safety and to make more effective and efficient
use of resources to prevent foodborne illness;
(2) to modernize and strengthen the Federal food safety
system to ensure more effective application and efficient
management of the laws for the protection and improvement of
public health; and
(3) to establish that food establishments have
responsibility to ensure that all stages of production,
processing, and distribution of the products of the food
establishments, or under the control of the food
establishments, satisfy the requirements of this Act.
TITLE I--SAFE MEAT AND POULTRY
SEC. 101. DEFINITION OF ADULTERATED.
(a) Meat and Meat Food Products.--Section 1(m) of the Federal Meat
Inspection Act (21 U.S.C. 601(m)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) if it bears or contains a pathogen or contaminant
associated with serious illness or death.''.
(b) Poultry and Poultry Products.--Section 4(g) of the Poultry
Products Inspection Act (21 U.S.C. 453(g)) is amended--
(1) in paragraph (7), by striking ``or'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(9) if it bears or contains a pathogen or contaminant
associated with serious illness or death.''.
(c) Eggs and Egg Products.--Section 4(a) of the Egg Products
Inspection Act (21 U.S.C. 1033(a)) is amended--
(1) in paragraph (7), by striking ``or'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(9) if it bears or contains a pathogen or contaminant
associated with serious illness or death.''.
TITLE II--FOOD SAFETY
SEC. 201. FOOD SAFETY.
(a) In General.--Subtitle G of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6981 et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``PART I--ADMINISTRATION'';
and
(2) by adding at the end the following:
``PART II--FOOD SAFETY
``SEC. 263. DEFINITIONS.
``In this part:
``(1) Adulterated.--
``(A) In general.--The term `adulterated' has the
meaning given the term in--
``(i) in the case of poultry or a poultry
product, section 4 of the Poultry Products
Inspection Act (21 U.S.C. 453);
``(ii) in the case of meat or a meat food
product, section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601); and
``(iii) in the case of an egg or egg
product, section 4 of the Egg Products
Inspection Act (21 U.S.C. 1033).
``(B) Inclusion.--The term `adulterated' includes
bearing or containing a contaminant that has the
potential to cause illness or death among sensitive
populations.
``(2) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(3) Contaminant.--The term `contaminant' includes a
biological, chemical, physical, or radiological food safety
hazard that when found on or in food can cause human illness,
injury, or death.
``(4) Contamination.--The term `contamination' refers to
the presence of a contaminant in food.
``(5) Food.--The term `food' means--
``(A) a meat or a meat food product (within the
meaning of the Federal Meat Inspection Act (21 U.S.C.
601 et seq.));
``(B) an egg or egg product (as defined in section
4 of the Egg Products Inspection Act (21 U.S.C. 1033));
or
``(C) a poultry or poultry product (as defined in
section 4 of the Poultry Products Inspection Act (21
U.S.C. 453)).
``(6) Food establishment.--
``(A) In general.--The term `food establishment'
means a slaughterhouse, factory, warehouse, or facility
owned or operated by a person located in any State that
processes food or a facility that holds, stores, or
transports food or food ingredients.
``(B) Exclusions.--The term `food establishment'
does not include a farm, restaurant, other retail food
establishment, or nonprofit food establishment in which
food is prepared for or served directly to the
consumer.
``(7) Food safety law.--The term `food safety law' means--
``(A) the Poultry Products Inspection Act (21
U.S.C. 451 et seq.);
``(B) the Federal Meat Inspection Act (21 U.S.C.
601 et seq.);
``(C) the Egg Products Inspection Act (21 U.S.C.
1031 et seq.);
``(D) the provisions of Public Law 85-765 (commonly
known as the `Humane Methods of Slaughter Act of 1958')
(7 U.S.C. 1901 et seq.) administered by the Food Safety
and Inspection Service;
``(E) this part; and
``(F) such other provisions of law relating to and
requiring food safety, labeling, inspection, and
enforcement as the President designates by Executive
order as appropriate to include within the jurisdiction
of the Secretary.
``(8) Foreign food establishment.--The term `foreign food
establishment' means a slaughterhouse, factory, warehouse, or
facility located outside the United States that processes food
for consumption that is imported into the United States or food
ingredients.
``(9) Interstate commerce.--The term `interstate commerce'
has the meaning given the term in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(10) Misbranded.--The term `misbranded' has the meaning
given the term in--
``(A) in the case of poultry or a poultry product,
section 4 of the Poultry Products Inspection Act (21
U.S.C. 453);
``(B) in the case of meat or a meat food product,
section 1 of the Federal Meat Inspection Act (21 U.S.C.
601); and
``(C) in the case of an egg or egg product, section
4 of the Egg Products Inspection Act (21 U.S.C. 1033).
``(11) Process.--The term `process' or `processing' means
the commercial harvesting, slaughter, packing, preparation, or
manufacture of food.
``(12) Safe.--The term `safe' refers to human and animal
health.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Under Secretary of Food
Safety.
``(14) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the
United States.
``(15) Statistically valid.--The term `statistically valid'
means, with respect to a study, evaluated and conducted under
standards established by the National Institute of Standards
and Technology.
``SEC. 264. PERFORMANCE STANDARDS FOR FOOD SAFETY.
``(a) Definitions.--In this section:
``(1) Appropriate level of protection.--The term
`appropriate level of protection' means a level of food safety
and public health protection that--
``(A) if achievable by commercially available
techniques, reduces a known pathogen or contaminant to
a level that does not present a demonstrated risk of
illness or death to consumers, including sensitive
groups; or
``(B) in all other cases, is the lowest reasonably
achievable level of a microbiologic or contaminant food
safety hazard that can best protect public health.
``(2) Food safety objective.--The term `food safety
objective' means an objective that establishes the maximum
frequency or concentration of a microbial or contaminant hazard
in a regulated food product at the time of handling and
consumption by a consumer that still provides the appropriate
level of protection.
``(3) Pathogen reduction performance standard.--The term
`pathogen reduction performance standard' means a standard that
establishes the degree to which a step or combination of steps
in the production, processing, distribution, or preparation of
a food must operate to achieve the required level of control
over microbiological contamination.
``(4) Performance criteria.--The term `performance
criteria' means a criteria that establishes the effect of one
or more control measures needed to meet or contribute to meet a
performance objective.
``(5) Performance objective.--The term `performance
objective' means an objective that establishes the maximum
frequency or concentration of a microbial or contaminant hazard
in a regulated food product during a processing step that
contributes to the achievement of a food safety objective or
other end measure or a performance standard.
``(6) Public health goals and objectives.--The term `public
health goals and objectives' means goals and objectives
establishing the desired outcome associated with reducing the
burden of foodborne disease in society.
``(b) Standards, Goals, and Objectives.--In order to protect the
public health and promote food safety, the Secretary shall prescribe--
``(1) pathogen surveys to determine current levels of food
contamination and to enable the Secretary to assess compliance;
``(2) public health goals and objectives; and
``(3) pathogen reduction performance standards--
``(A) to reduce pathogens in food; and
``(B) to achieve public health goals and
objectives.
``(c) List of Pathogens.--
``(1) In general.--In consultation with the Secretary of
Health and Human Services, and taking into account data
available from the Centers for Disease Control and Prevention,
the Secretary shall identify the pathogens that make a
significant contribution to the total burden of foodborne
disease associated with food.
``(2) Publication; updates.--The Secretary shall--
``(A) publish a list of the pathogens described in
paragraph (1) not later than 180 days after the date of
enactment of this section; and
``(B) update and publish the list annually
thereafter.
``(d) Pathogen Surveys.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall initiate the
planning and subsequent implementation of comprehensive surveys
to determine the current levels and incidence of contamination
of food products with the pathogens listed under subsection
(c), including the variation in levels and incidence of
contamination among establishments.
``(2) Publication.--Not later than 2 years after the date
of enactment of this section, the Secretary shall compile, and
publish in the Federal Register, the results of the surveys.
``(3) Updates.--At least once every 3 years after the
preceding surveys are conducted, the Secretary shall--
``(A) conduct surveys described in paragraph (1);
and
``(B) compile and publish the results of the
surveys in accordance with paragraph (2).
``(e) Public Health Goals and Objectives.--
``(1) In general.--Not later than 1 year after the
completion of pathogen surveys under subsection (d), and in
coordination with the Secretary of Health and Human Services
and the Director of the Centers for Disease Control and
Prevention, the Secretary shall establish public health goals
and food safety objectives to achieve measurable population-
based targets and food safety targets for the reduction of
foodborne illness and the exposure of the public to pathogens.
``(2) Requirements.--The goals described in subsection
(b)(2) shall be updated every 2 years according to current
epidemiological studies in foodborne illness and the most
recently updated information from the Centers for Disease
Control and Prevention about the prevalence of foodborne
illness.
``(f) Pathogen Reduction Performance Standards.--
``(1) In general.--The pathogen reduction performance
standards required under subsection (b) shall ensure the lowest
level or incidence of contamination that is reasonably
achievable using the best available processing technology and
practices.
``(2) Current contamination.--In determining what is
reasonably achievable, the Secretary shall consider data on
current levels or incidence of contamination, including what is
being achieved by establishments in the upper quartile of
performance in controlling the level or incidence of
contamination.
``(3) Initial pathogens.--Not later than 3 years after the
date of enactment of this section, the Secretary shall propose
pathogen reduction performance standards for at least 2
pathogens from the list published under subsection (c).
``(4) Subsequent pathogens.--Not later than 1 year after
proposing pathogen reduction standards for the initial
pathogens under paragraph (3), and annually thereafter, the
Secretary shall propose a pathogen reduction performance
standard for at least 1 pathogen each year from the list
published under subsection (c) until standards have been
proposed for all pathogens on the list.
``(5) Final standards.--Not later than 1 year after
proposing a pathogen reduction standard for a pathogen under
this subsection, the Secretary shall promulgate a final
pathogen reduction standard and propose sampling standards and
procedures for the pathogen in regulated products.
``(g) Performance Standards.--The performance standards established
under this section shall include--
``(1) food safety objectives that set the level of a
contaminant that provides the appropriate level of protection;
``(2) zero tolerances, including zero tolerances for fecal
matter, in addition to any zero-tolerance standards in effect
on the day before the date of enactment of this section, when
necessary to protect against significant adverse health
outcomes;
``(3) performance objectives, such as log reduction
criteria for cooked products, when sufficient to ensure the
safety of processed food;
``(4) in the absence of data to support a performance
standard described in paragraph (1), (2), or (3), as determined
by the Secretary, standards that define required performance in
terms of best reasonably achievable performance, using best
available technologies, interventions, and practices; or
``(5) any other food safety objectives or performance
criteria, as determined by the Secretary.
``(h) Review of Standards.--
``(1) In general.--Not later than 3 years after
promulgation of a final pathogen reduction performance standard
for a pathogen under subsection (f)(5), the Secretary shall
review each standard to determine whether the standard
continues to ensure the lowest level or incidence of
contamination that is reasonably achievable using the best
available processing technology and practices, taking into
account the most recent survey conducted under subsection (d).
``(2) Public health goals.--The goals described in
subsection (e) shall be--
``(A) used in addition to the most recent survey
conducted under subsection (d) to evaluate the pathogen
performance standards set by the Secretary; and
``(B) considered when the Secretary reviews and
revises the final pathogen reduction performance
standards in accordance with subsection (f).
``(3) Revisions.--The Secretary shall revise the standards,
as necessary, to comply with subsection (f).
``(i) Enforcement.--
``(1) Sampling program.--
``(A) In general.--Not later than 1 year after the
promulgation of a performance standard under this
section, the Secretary shall implement a sampling
program to determine whether food establishments are
complying with the performance standards promulgated
under this section.
``(B) Requirement.--The program established under
this paragraph shall be at least as stringent as the
Hazard Analysis and Critical Control Point System
requirements established under part 417 of title 9,
Code of Federal Regulations (or successor regulation).
``(2) Inspections.--If the Secretary determines that a food
establishment fails to meet a standard promulgated under this
section, and the food establishment fails to take appropriate
corrective action as determined by the Secretary, the Secretary
shall, as appropriate--
``(A) order a recall of food from the food
establishment under section 269;
``(B) require enhanced inspection of the food
establishment;
``(C) withdraw the mark of inspection from the food
establishment; or
``(D) take other appropriate enforcement action
concerning the food establishment, including revocation
of the grant of inspection.
``(j) Newly Identified Contaminants.--Notwithstanding any other
provision of this section, the Secretary shall promulgate interim
performance standards for newly identified contaminants as necessary to
prevent disease outbreaks or other hazards to the public health.
``(k) Enforcement of Certain Regulations.--The Secretary shall
ensure that, as compared to regulations under chapter III of title 9,
Code of Federal Regulations, that are in effect as of September 1,
2013, regulations promulgated under this part relating to--
``(1) carcass inspection and safety are at least as
stringent;
``(2) the frequency of inspection services are at least as
frequent; and
``(3) staffing levels are at least as high so as to ensure
public health.
``SEC. 265. PATHOGEN REDUCTION AND TESTING.
``(a) In General.--Not later than 180 days after the date of
enactment of this section or the subsequent adoption of performance
standards under section 264, the Secretary shall require that food
establishments described in subsection (b) sample for the presence of
identified pathogens at any points in production or processing that are
identified by the Secretary.
``(b) Application.--This section applies to--
``(1)(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--
``(A) to all food establishments that produce or
grind trim or bench trim; and
``(B) such other food establishments as are
designated by the Secretary.
``(c) Administration.--To carry out this section, the Secretary
shall--
``(1) establish sampling standards and procedures;
``(2) define appropriate sampling plans for food
establishments through guidance documents;
``(3) promulgate regulations that require that the food
establishment takes corrective action when violative products
are found through testing and establishes measures to prevent
reoccurrence; and
``(4) upon inspection, review the definition of lot sizes
established by food establishments to ensure that--
``(A) there is a rational justification for the lot
size; and
``(B) no lot is more than 2,000 pounds.
``(d) Testing.--Food establishments undertaking testing under this
section shall use--
``(1) sampling standards and procedures determined by the
Secretary under section 264(f)(5); and
``(2) a laboratory accredited under section 266.
``SEC. 266. LABORATORY ACCREDITATION.
``(a) Recognition of Laboratory Accreditation.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall--
``(A) establish a program for the testing of meat
and meat food products by accredited laboratories;
``(B) establish and maintain on the Internet Web
site of the Department an up-to-date and publicly
available registry of accreditation bodies recognized
by the Secretary and laboratories accredited by a
recognized accreditation body, including the name of,
contact information for, and other information
considered appropriate by the Secretary about the
accreditation bodies and laboratories; and
``(C) require, as a condition of recognition or
accreditation, as appropriate, that recognized
accreditation bodies and accredited laboratories report
to the Secretary any changes that would affect the
recognition of the accreditation body or the
accreditation of the laboratory.
``(2) Program requirements.--The program established under
paragraph (1)(A) shall provide for the recognition of
laboratory accreditation bodies that meet criteria established
by the Secretary for accreditation of laboratories, including
independent private laboratories and laboratories run and
operated by a Federal agency (including the Department of
Commerce), State, or locality with a demonstrated capability to
conduct one or more sampling and analytical testing
methodologies for meat and meat food products.
``(3) Increasing the number of qualified laboratories.--The
Secretary shall work with the laboratory accreditation bodies
recognized under paragraph (1), as appropriate, to increase the
number of qualified laboratories that are eligible to perform
testing under this subsection beyond the number so qualified on
the date of enactment of this section.
``(4) Limited distribution.--In the interest of national
security, the Secretary, in coordination with the Secretary of
Homeland Security, may determine the time, manner, and form in
which the registry established under paragraph (1)(B) is made
publicly available.
``(5) Foreign laboratories.--Accreditation bodies
recognized by the Secretary under paragraph (1) may accredit
laboratories that operate outside the United States, so long as
the laboratories meet the accreditation standards applicable to
domestic laboratories accredited under this subsection.
``(6) Model laboratory standards.--
``(A) In general.--The Secretary shall develop
model standards that a laboratory shall meet to be
accredited by a recognized accreditation body for a
specified sampling or analytical testing methodology
and included in the registry provided for under
paragraph (1).
``(B) Requirements.--In developing the model
standards, the Secretary shall--
``(i) consult existing standards for
guidance; and
``(ii) include--
``(I) methods to ensure that--
``(aa) appropriate
sampling, analytical procedures
(including rapid analytical
procedures), and commercially
available techniques are
followed and reports of
analyses are certified as true
and accurate;
``(bb) internal quality
systems are established and
maintained;
``(cc) procedures exist to
evaluate and respond promptly
to complaints regarding
analyses and other activities
for which the laboratory is
accredited; and
``(dd) individuals who
conduct the sampling and
analyses are qualified by
training and experience to do
so; and
``(II) any other criteria
determined appropriate by the
Secretary.
``(7) Review of recognition.--To ensure compliance with the
requirements of this subsection, the Secretary--
``(A) shall periodically, and in no case less
frequently than once every 5 years, reevaluate
accreditation bodies recognized under paragraph (1) and
may accompany auditors from an accreditation body to
assess whether the accreditation body meets the
criteria for recognition; and
``(B) shall promptly revoke the recognition of any
accreditation body found not to be in compliance with
the requirements of this subsection, specifying, as
appropriate, any terms and conditions necessary for
laboratories accredited by the accreditation body to
continue to perform testing as described in this
subsection.
``(b) Testing Procedures.--
``(1) In general.--Not later than 30 months after the date
of enactment of this section, food testing shall be conducted
by Federal laboratories or non-Federal laboratories that have
been accredited for the appropriate sampling or analytical
testing methodology or methodologies by a recognized
accreditation body on the registry established by the Secretary
under subsection (a)(1)(B)--
``(A) in response to a specific testing requirement
under this Act (including implementing regulations),
when applied to address an identified or suspected meat
or meat food product safety problem; and
``(B) as required by the Secretary, as the
Secretary considers appropriate, to address an
identified or suspected food safety problem.
``(2) Results of testing.--
``(A) In general.--The results of any testing under
this section shall be sent directly to the applicable
food establishment and the Secretary, unless the
Secretary by regulation exempts test results from the
submission requirement if the Secretary determines that
the results do not contribute to the protection of
public health.
``(B) Electronic submission.--Test results required
to be submitted may be submitted to the Secretary
through electronic means.
``(3) Exception.--The Secretary may waive requirements
under this subsection if--
``(A) a new methodology has been developed and
validated but a laboratory has not yet been accredited
to perform the methodology; and
``(B) the use of the methodology is necessary to
prevent, control, or mitigate a food emergency or
foodborne illness outbreak.
``(c) Review by Secretary.--If food sampling and testing performed
by a laboratory run and operated by a State or locality that is
accredited by a recognized accreditation body on the registry
established by the Secretary under subsection (a) result in a State
recalling a food, the Secretary shall review the sampling and testing
results for the purpose of determining the need for a national recall
or other compliance and enforcement activities.
``(d) No Limit on Secretarial Authority.--Nothing in this section
limits the ability of the Secretary to review and act on information
from food testing, including determining the sufficiency of the
information and testing.
``SEC. 267. TRACEBACK.
``(a) In General.--The Secretary, in order to protect the public
health, shall establish requirements for a national system for tracing
food and food-producing animals from point of slaughter to retail sale,
subject to subsection (b).
``(b) Applicability.--Traceability requirements shall--
``(1) be established in accordance with regulations and
guidelines issued by the Secretary; and
``(2) apply to food establishments.
``(c) Traceability.--
``(1) In general.--The Secretary shall implement tracing
protocols using methods and technologies to enable the Food
Safety and Inspection Service to rapidly trace adulterated food
to--
``(A) the source of the contamination to determine
the original site source of the adulteration or
contamination; and
``(B) destinations to which the food has been
shipped.
``(2) Requirements.--
``(A) In general.--Tracing protocols under this
subsection shall include the collection of documentary
and other relevant material to enable rapid tracing,
including--
``(i) food establishment identification
data;
``(ii) a description of the food;
``(iii) shipping marks;
``(iv) bar coding; and
``(v) disclosure of sole-source or
multiple-source origin.
``(B) Timing.--The collection of documentary and
other relevant material to enable rapid tracing under
subparagraph (A) shall occur at the time that transfer
of the relevant food is completed.
``(C) Certification.--The onsite inspector and a
responsible food establishment representative shall
certify that the documentary and other tracing material
collected under subparagraph (A) are complete and
accurate.
``(3) Tracing of adulterated and contaminated food.--If a
food sample tests positive or is indicated to test positive for
a contaminant, the Secretary shall immediately conduct a
trace--
``(A) to identify all sites of contamination,
including preparation, packaging, and slaughtering
establishments;
``(B) to identify the original source of
contamination; and
``(C) to identify any recipient of the food, other
than the consumer, or food that may have been similarly
affected.
``(d) Relationship to Country of Origin Labeling.--Nothing in this
section prevents or interferes with implementation of the country of
origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).
``SEC. 268. INTERNATIONAL FOOD SAFETY ASSURANCE.
``(a) International Audits.--The Secretary shall ensure that
international audits of eligible foreign country food safety systems
shall--
``(1) occur no less than annually; and
``(2) be of sufficient scope to protect public health.
``(b) Imports.--As soon as practicable after the date of enactment
of this section, the Secretary shall promulgate regulations under which
the Secretary may remove a country from the appropriate list maintained
by the Secretary of countries allowed to import one or more foods into
the United States if--
``(1) the country refuses to allow the Secretary to conduct
such onsite audits as the Secretary determines to be necessary
to verify the safety of the food to be imported; or
``(2) imports of food from the country have been suspended
more than once during a 5-year period for major food safety
infractions.
``SEC. 269. NOTIFICATION AND RECALL.
``(a) Definitions.--In this section:
``(1) Class i recall.--The term `Class I recall' means a
food recall classification defined by the Secretary that covers
a health-hazard situation in which there is a reasonable
probability that the use of the food or food product being
recalled will cause a serious, adverse health consequence, or
death.
``(2) Retail establishment.--The term `retail
establishment' means a grocery store or other retail
establishment that sells food and food products directly to
consumers.
``(3) Summary notice.--The term `summary notice' means the
1-page summary notice described in subsection (d).
``(b) Notice to Secretary of Violation.--
``(1) In general.--A person that has reason to believe that
any food introduced into or in interstate commerce, or held for
sale (whether or not the first sale) after shipment in
interstate commerce, may be in violation of the food safety law
shall immediately notify the Secretary of the identity and
location of the food.
``(2) Manner of notification.--Notification under paragraph
(1) shall be made in such manner and by such means as the
Secretary may require by regulation.
``(c) Recall and Consumer Notification.--
``(1) Voluntary actions.--If the Secretary determines that
food is in violation of the food safety law when introduced
into or while in interstate commerce or while held for sale
(whether or not the first sale) after shipment in interstate
commerce or that there is a reasonable probability that the
food, if consumed, would present a threat to public health, as
determined by the Secretary, the Secretary shall give the
appropriate persons (including the manufacturers, importers,
distributors, or retailers of the food) an opportunity--
``(A) to cease distribution of the food;
``(B) to notify all persons--
``(i) processing, distributing, or
otherwise handling the food to immediately
cease such activities with respect to the food;
or
``(ii) to which the food has been
distributed, transported, or sold, to
immediately cease distribution of the food;
``(C) to recall the food;
``(D) in conjunction with the Secretary, to provide
notice of the finding of the Secretary--
``(i) to consumers to whom the food was, or
may have been, distributed; and
``(ii) to State and local public health
officials; or
``(E) to take any combination of the measures
described in this paragraph, as determined by the
Secretary to be appropriate in the circumstances.
``(2) Mandatory actions.--If a person referred to in
paragraph (1) refuses to or does not adequately carry out the
actions described in that paragraph within the time period and
in the manner prescribed by the Secretary, the Secretary
shall--
``(A) have authority to control and possess the
food or recall the food, including ordering the
shipment of the food from the food establishment to the
Secretary--
``(i) at the expense of the food
establishment; or
``(ii) in an emergency (as determined by
the Secretary), at the expense of the
Secretary; and
``(B) by order, require, as the Secretary
determines to be necessary, the person to immediately--
``(i) cease distribution of the food;
``(ii) notify all persons--
``(I) processing, distributing, or
otherwise handling the food to
immediately cease such activities with
respect to the food; or
``(II) if the food has been
distributed, transported, or sold, to
immediately cease distribution of the
food; and
``(iii) recall contaminated food.
``(3) Notification to consumers by secretary.--In
accordance with subsection (d), the Secretary shall, as the
Secretary determines to be necessary, provide notice of the
finding of the Secretary under paragraph (1)--
``(A) to consumers to whom the food was, or may
have been, distributed;
``(B) to State and local public health officials;
and
``(C) to such other persons as the Secretary
determines appropriate.
``(4) Nondistribution by notified persons.--A person that
processes, distributes, or otherwise handles the food, or to
which the food has been distributed, transported, or sold, and
that is notified under paragraph (1)(B) or (2)(B) shall
immediately cease distribution of the food.
``(5) Availability of records to secretary.--Each person
referred to in paragraph (1) that processed, distributed, or
otherwise handled food shall make available to the Secretary
information necessary to carry out this subsection, as
determined by the Secretary, regarding--
``(A) persons that processed, distributed, or
otherwise handled the food; and
``(B) persons to which the food has been
transported, sold, distributed, or otherwise handled.
``(d) Consumer Recall Notification.--
``(1) Distribution of information.--In the case of any
Class I recall, the Secretary shall, to the maximum extent
practicable, distribute to each retail establishment that has
received or is likely to have received recalled product in the
United States a 1-page summary notice containing product
information of each food or food product subject to the Class I
recall.
``(2) Distribution of information.--The Secretary shall
require each retail establishment that receives a summary
notice--
``(A) to post a copy of the summary notice at each
cash register of the retail establishment;
``(B) to post a copy of the summary notice on the
shelving unit on which the food or food product was
sold; or
``(C) in the case of a retail establishment that
uses a customer card system to track customer purchases
or demographics--
``(i) to place a call to each customer that
purchased a recalled food or food product to
inform the customer of the Class I recall; or
``(ii) to make available to each customer
that purchased a recalled food or food product
with a targeted coupon with information about
the recalled food or food product.
``(3) Assistance.--In cooperation with and, when necessary,
with direct assistance from the Director of the Centers for
Disease Control and Prevention and the Centers of Excellence of
the Food and Drug Administration, the Secretary shall provide
assistance to regional, State, and local agencies to assist in
carrying out this section through activities such as providing
resources, including timely information concerning symptoms and
tests, for frontline health professionals interviewing
individuals as part of routine surveillance and outbreak
investigations.
``(4) Availability of lists of retail consignees during
food recalls.--The Secretary shall make publicly available the
names and locations of retail establishment consignees of
recalled food or food products that the Secretary compiles in
connection with a recall for which there is a reasonable
probability that the use of the food or food product could
cause serious adverse health consequences or death.
``(e) Informal Hearings on Orders.--
``(1) In general.--The Secretary shall provide any person
subject to an order under subsection (c) with an opportunity
for an informal hearing, to be held as soon as practicable but
not later than 2 business days after the issuance of the order.
``(2) Scope of the hearing.--In a hearing under paragraph
(1), the Secretary shall consider the actions required by the
order and any reasons why the food that is the subject of the
order should not be recalled.
``(f) Post-Hearing Recall Orders.--
``(1) Amendment of order.--If, after providing an
opportunity for an informal hearing under subsection (e), the
Secretary determines that there is a reasonable probability
that the food that is the subject of an order under subsection
(c), if consumed, would present a threat to the public health,
the Secretary, as the Secretary determines to be necessary,
may--
``(A) amend the order to require recall of the food
or other appropriate action;
``(B) specify a timetable in which the recall shall
occur;
``(C) require periodic reports to the Secretary
describing the progress of the recall; and
``(D) provide notice of the recall to consumers to
whom the food was, or may have been, distributed.
``(2) Vacation of orders.--If, after providing an
opportunity for an informal hearing under subsection (e), the
Secretary determines that adequate grounds do not exist to
continue the actions required by the order, the Secretary shall
vacate the order.
``(g) Remedies Not Exclusive.--The remedies provided in this
section shall be in addition to, and not exclusive of, other remedies
that may be available.
``SEC. 270. ENFORCEMENT AND ADMINISTRATION.
``(a) Civil Penalties.--
``(1) Civil sanctions.--
``(A) Civil penalty.--
``(i) In general.--Any person that commits
an act that violates the food safety law
(including a regulation promulgated or order
issued under a Federal food safety law) may be
assessed a civil penalty by the Secretary of
not more than $10,000 for each such act.
``(ii) Separate offense.--Each act
described in clause (i) and each day during
which that act continues shall be considered a
separate offense.
``(B) Other requirements.--
``(i) Written order.--The civil penalty
described in subparagraph (A) shall be assessed
by the Secretary by a written order, which
shall specify the amount of the penalty and the
basis for the penalty under clause (ii)
considered by the Secretary.
``(ii) Amount of penalty.--Subject to
subparagraph (A)(i), the amount of the civil
penalty shall be determined by the Secretary,
after considering--
``(I) the gravity of the violation;
``(II) the degree of culpability of
the person;
``(III) the size and type of the
business of the person; and
``(IV) any history of prior
offenses by the person under the food
safety law.
``(iii) Review of order.--The order may be
reviewed only in accordance with paragraph (2).
``(2) Judicial review.--
``(A) In general.--An order assessing a civil
penalty under paragraph (1) shall be a final order
unless the person--
``(i) not later than 30 days after the
effective date of the order, files a petition
for judicial review of the order in the United
States court of appeals for the circuit in
which that person resides or has its principal
place of business or the United States Court of
Appeals for the District of Columbia; and
``(ii) simultaneously serves a copy of the
petition by certified mail to the Secretary.
``(B) Filing of record.--Not later than 45 days
after the service of a copy of the petition under
subparagraph (A)(ii), the Secretary shall file in the
court a certified copy of the administrative record
upon which the order was issued.
``(C) Standard of review.--The findings of the
Secretary relating to the order shall be set aside only
if found to be unsupported by substantial evidence on
the record as a whole.
``(3) Collection actions for failure to pay.--
``(A) In general.--If any person fails to pay a
civil penalty assessed under paragraph (1) after the
order assessing the penalty has become a final order,
or after the court of appeals described in paragraph
(2) has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the
Attorney General, who shall institute in a United
States district court of competent jurisdiction a civil
action to recover the amount assessed.
``(B) Limitation on review.--In a civil action
under subparagraph (A), the validity and
appropriateness of the order of the Secretary assessing
the civil penalty shall not be subject to judicial
review.
``(4) Penalties paid into account.--The Secretary--
``(A) shall deposit penalties collected under this
section in an account in the Treasury; and
``(B) may use the funds in the account, without
further appropriation or fiscal year limitation--
``(i) to carry out enforcement activities
under food safety law; or
``(ii) to provide assistance to States to
inspect retail commercial food establishments
or other food or firms under the jurisdiction
of State food safety programs.
``(5) Discretion of the secretary to prosecute.--Nothing in
this part requires the Secretary to report for prosecution, or
for the commencement of an action, the violation of the food
safety law in a case in which the Secretary finds that the
public interest will be adequately served by the assessment of
a civil penalty under this section.
``(6) Remedies not exclusive.--The remedies provided in
this subsection are in addition to, and not exclusive of, other
remedies that may be available under this or any other Act.
``(b) Presumption.--In any action to enforce the requirements of
the food safety law, the connection with interstate commerce required
for jurisdiction shall be presumed to exist.
``(c) Whistleblower Protection.--
``(1) In general.--No Federal employee, employee of a
Federal contractor or subcontractor, or any individual employed
by a company or other entity that is a regulated establishment
or any other entity involved in the food supply system
(referred to in this subsection as a `covered individual'), may
be discharged, demoted, suspended, threatened, harassed, or in
any other manner discriminated against, because of any lawful
act done by the covered individual--
``(A) to provide information, cause information to
be provided, or otherwise assist in an investigation
regarding any conduct that the covered individual
reasonably believes constitutes a violation of this Act
or a food safety law, including any related rules or
regulations, or that the covered individual reasonably
believes constitutes a threat to the public health, if
the information or assistance is provided to, or the
investigation is conducted by--
``(i) a Federal regulatory or law
enforcement agency;
``(ii) a Member or committee of Congress;
or
``(iii) a person with supervisory authority
over the covered individual (or such other
individual who has the authority to
investigate, discover, or terminate
misconduct);
``(B) to file, cause to be filed, testify,
participate in, or otherwise assist in a proceeding or
action filed or about to be filed relating to a
violation of any law, rule, or regulation; or
``(C) to refuse to violate or assist in the
violation of any law, rule, or regulation.
``(2) Enforcement action.--
``(A) Complaint.--
``(i) In general.--A covered individual who
alleges discharge or other discrimination by
any person in violation of paragraph (1) may
seek relief under paragraph (3) by filing a
complaint with the Secretary of Labor.
``(ii) Legal action.--If the Secretary of
Labor has not issued a final decision by the
date that is 210 days after the date on which
the complaint is filed and there is no showing
that the delay is due to the bad faith of the
claimant, the claimant may bring an action at
law or equity for de novo review in the
appropriate district court of the United
States, which shall have jurisdiction over such
an action without regard to the amount in
controversy.
``(B) Procedure.--An action under subparagraph (A)
shall be governed under the rules and procedures
established in section 1012 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 399d).
``(C) Remedies.--A covered individual who prevails
in any action under subparagraph (A) shall be entitled
to remedies equivalent to relief provided under section
1012(b)(4)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 399d(b)(4)(B)).
``(3) Applicability.--This subsection shall apply and be
carried out in accordance with section 1012 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 399d), including the
relation of the whistleblower protection provided under this
subsection to the rights of employees, other laws, and
international agreements, and the inability of an employee to
waive the whistleblower protection.
``(4) Rights retained by the covered individual.--
``(A) In general.--Nothing in this subsection
diminishes the rights, privileges, or remedies of any
covered individual under any Federal or State law, or
under any collective bargaining agreement.
``(B) Prohibition on waiver.--The rights and
remedies in this subsection may not be waived by any
agreement, policy, form, or condition of employment.
``(d) Administration and Enforcement.--
``(1) In general.--For the efficient administration and
enforcement of the food safety law, the provisions (including
provisions relating to penalties) of sections 6, 8, 9, and 10
of the Federal Trade Commission Act (15 U.S.C. 46, 48, 49, and
50) (except subsections (c) through (h) of section 6 of that
Act), relating to the jurisdiction, powers, and duties of the
Federal Trade Commission and the Attorney General to administer
and enforce that Act, and to the rights and duties of persons
with respect to whom the powers are exercised, shall apply to
the jurisdiction, powers, and duties of the Secretary and the
Attorney General in administering and enforcing the provisions
of the food safety law and to the rights and duties of persons
with respect to whom the powers are exercised, respectively.
``(2) Inquiries and actions.--
``(A) In general.--The Secretary, in person or by
such agents as the Secretary may designate, may
prosecute any inquiry necessary to carry out the duties
of the Secretary under the food safety law in any part
of the United States.
``(B) Powers.--The powers conferred by sections 9
and 10 of the Federal Trade Commission Act (15 U.S.C.
49 and 50) on the United States district courts may be
exercised for the purposes of this part by any United
States district court of competent jurisdiction.
``(e) Citizen Civil Actions.--
``(1) Civil actions.--A person may commence a civil action
against the Secretary (in his or her capacity as the
Secretary)--
``(A) if the Secretary fails to perform an act or
duty that is not discretionary under a food safety law
and the failure to perform that act or duty presents a
clear, demonstrated, and serious present threat to
public health; but
``(B) only after the person has--
``(i) filed a petition with the Secretary;
and
``(ii) given the Secretary 180 days to
comply with nondiscretionary acts or duties.
``(2) Court.--
``(A) In general.--The action shall be commenced in
the United States district court for the district in
which the defendant resides, is found, or has an agent.
``(B) Jurisdiction.--The court shall have
jurisdiction, without regard to the amount in
controversy, or the citizenship of the parties, to
require the Secretary to perform a nondiscretionary act
or duty under a food safety law, if--
``(i) it is proven that--
``(I)(aa) the act or duty is not
discretionary and is critical to public
health protection; and
``(bb) the Secretary has the
appropriate financial resources to
perform the act or duty;
``(II)(aa) the Secretary was given
180 days to perform the act or duty
prior to the filing of an action; and
``(bb) the Secretary did not
perform the act or duty; and
``(ii) the plaintiff presents credible
evidence, including, if applicable, evidence
representing the current scientific knowledge,
that indicates that an act or duty necessary to
regulate or control a food safety hazard has
not been performed by the Secretary.
``(C) Damages.--The court may--
``(i) require the Secretary to perform the
act or duty in question towards a standard of
protecting public health; and
``(ii) award the plaintiff part or all of
the costs of suit, including reasonable
attorney's fees and reasonable expert witness
fees, if--
``(I) awarding the fees is in the
interest of justice;
``(II) the failure of the Secretary
to perform a required act or duty is
found to be capricious or negligent;
and
``(III) awarding the fees would not
reduce resources applied to public
health inspections.
``SEC. 271. ADMINISTRATIVE ENFORCEMENT METHODOLOGY FOR SERIOUS
VIOLATIONS.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall develop a system of
escalating penalties for situations in which there are serious or
egregious violations of any food safety laws.
``(b) Methodology.--The Secretary shall design the system under
subsection (a) based on sound methodology so as to provide incentives
to reduce repeated serious or egregious violations.
``(c) Definition.--For purposes of this section, the Secretary
shall define the term `serious or egregious violation of any food
safety law', which--
``(1) shall include any current violations that are grounds
for a suspension, withholding, or revocation of grant of
inspection under a food safety law; and
``(2) may include any other violations that constitute a
severe violation of major food safety law requirements, which
may include intransigent repeated noncompliance for less than
serious violations that indicate a food establishment is
unwilling or negligent to bring the food establishment into
compliance over a period of repeat circumstances lasting at
least 1 year since the last documented severe violation.
``SEC. 272. NONROUTINE INSPECTION FEES FOR REPEATED OR SERIOUS
NONCOMPLIANCE.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish performance-
based fees for food establishments requiring nonroutine inspection
services due to severe or repeated violations of food safety laws.
``(b) Inclusions.--Fees established under this section shall
include, at minimum, fees for--
``(1) food safety assessments in response to serious or
repeated food safety violations;
``(2) humane handling assessments in response to serious or
repeated violations of Public Law 85-765 (commonly known as the
`Humane Methods of Slaughter Act of 1958') (7 U.S.C. 1901 et
seq.);
``(3) any actions or enhanced inspections associated with a
mandatory recall; and
``(4) follow-up microbiological testing associated with any
nonroutine requirements.
``(c) Amount.--The Secretary shall establish the amount of the fees
at a level that recuperates the full costs or a reasonable portion of
the nonroutine inspection services.
``(d) Small and Very Small Food Establishments.--The Secretary may
adjust the terms, conditions, and rates of fees established under this
section so as to minimize economic impacts on small and very small
establishments.
``(e) Use of Fees.--The Secretary shall use any fees collected
under this section to bolster inspection or other programs in the
Office of Field Operations, without the need for further appropriation.
``(f) Guidance.--Not later than 1 year after the date of enactment
of this section, the Secretary shall publish and make publically
available guidance in the form of a list of eligible types of
violations for nonroutine inspection fees, including estimated rates
for services.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in paragraph (6)(C), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) the authority of the Secretary to carry out food
safety activities under part II of subtitle G.''.
SEC. 202. GOOD COMMERCIAL PRACTICES IN RECEIVING AND PROCESSING LIVE
POULTRY.
The Poultry Products Inspection Act is amended by inserting after
section 9 (21 U.S.C. 458) the following:
``SEC. 9A. GOOD COMMERCIAL PRACTICES IN RECEIVING AND PROCESSING LIVE
POULTRY.
``(a) In General.--An establishment shall use reasonable care,
handling, lairage, slaughtering, and other good commercial practices,
as defined by the Secretary through regulation, during the handling and
processing of live poultry, including--
``(1) to prevent injury, death by means other than
slaughter, or other avoidable losses; and
``(2) to allow for prompt disposition or, if appropriate,
prompt euthanasia and sanitary disposal of severely injured,
severely ill, incapacitated, distressed, or moribund live
poultry.
``(b) Prohibition.--An establishment shall not present poultry for
slaughter if the poultry is--
``(1) moribund, distressed, or incapacitated; or
``(2) severely ill or injured.
``(c) Live Poultry Processing Plan.--
``(1) In general.--The Secretary shall require
establishments to implement, through the hazard analysis and
critical control points plans of the establishments or by other
appropriate means, a live poultry processing plan that
includes--
``(A) a euthanasia action plan;
``(B) ante-mortem segregation and disposition
procedures when appropriate for potentially severely
injured, distressed, ill, incapacitated, or moribund
poultry;
``(C) facility outcome standards;
``(D) employee training and competency
requirements; and
``(E) such other requirements as are appropriate to
ensure that only live poultry are presented for
slaughter in accordance with this section and other
applicable food safety laws.
``(2) Requirement.--The implementation, design, and
effectiveness of the practices contained in live poultry
processing plans by establishments shall include routine agency
veterinary oversight.
``(3) Review.--The Secretary shall review the requirements
under paragraph (1) at least every 5 years--
``(A) to ensure the requirements reflect the
principles of this section; and
``(B) to consider new improvements in available
practices and technology.''.
TITLE III--RESEARCH AND EDUCATION
SEC. 301. DEFINITION OF SECRETARY.
Except as otherwise provided, in this title, the term ``Secretary''
means the Secretary of Agriculture, acting through the Under Secretary
of Food Safety.
SEC. 302. PUBLIC HEALTH ASSESSMENT SYSTEM.
(a) In General.--The Secretary, acting in coordination with the
Director of the Centers for Disease Control and Prevention and with the
Research Education and Economics mission area of the Department of
Agriculture, shall--
(1) resolve data-sharing barriers, including those relating
to the application of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 110 Stat.
1936), to ensure access to the applicable data systems of the
Centers for Disease Control and Prevention and to the databases
made available by a State;
(2) maintain an active surveillance system of food, food
products, and epidemiological evidence submitted by States to
the Centers for Disease Control and Prevention based on a
representative proportion of the population of the United
States;
(3) assess the frequency and sources of human illness in
the United States associated with the consumption of food;
(4) maintain a state-of-the-art DNA matching system and
epidemiological system dedicated to foodborne illness
identification, outbreaks, and containment; and
(5) have access to the surveillance data created via
monitoring and statistical studies conducted as part of
inspections carried out by or for the Secretary.
(b) Public Health Sampling.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish guidelines
for a sampling system under which the Secretary shall take and
analyze samples of food--
(A) to assist the Secretary in carrying out this
title;
(B) to assess the nature, frequency of occurrence,
and quantities of contaminants in food; and
(C) to enforce this title and other food safety
laws.
(2) Requirements.--The sampling system described in
paragraph (1) shall provide--
(A) statistically valid monitoring, including
market-based studies, on the nature, frequency of
occurrence, and quantities of contaminants in food
available to consumers; and
(B) at the request of the Secretary, such other
information, including analysis of monitoring and
verification samples, as the Secretary determines may
be useful and appropriate in assessing the occurrence
of contaminants in food.
(c) Assessment of Health Hazards.--
(1) In general.--Through the surveillance system referred
to in subsection (a) and the sampling system described in
subsection (b), the Secretary shall work in collaboration with
the Director of the Centers for Disease Control and Prevention,
the Commissioner of Food and Drugs, and other appropriate
Federal, State, local, and tribal agencies--
(A) to rank food categories under the jurisdiction
of the Secretary based on the hazard to human health
presented by the food category;
(B) to identify appropriate industry and regulatory
approaches to minimize hazards in the food supply; and
(C) to assess the public health environment for
emerging diseases, including zoonosis, for their risk
of appearance in the United States food supply.
(2) Components of analysis.--The analysis under subsection
(b)(1) may include--
(A) a comparison of the safety of commercial
processing with the health hazards associated with food
that is harvested for recreational or subsistence
purposes and prepared noncommercially;
(B) a comparison of the safety of food that is
domestically processed with the health hazards
associated with food that is processed outside the
United States;
(C) a description of contamination originating from
handling practices that occur prior to or after the
sale of food to consumers; and
(D) use of comparative risk assessments.
SEC. 303. PUBLIC EDUCATION AND ADVISORY SYSTEM.
(a) Public Education.--
(1) In general.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention and
the Commissioner of Food and Drugs and in cooperation with
private and public organizations, including the cooperative
extension services and building on the efforts of appropriate
State and local entities, shall establish a national public
education program on food safety.
(2) Requirements.--The program shall provide--
(A) information to the public regarding Federal
standards and best practices and promotion of public
awareness, understanding, and acceptance of those
standards and practices;
(B) information for health professionals--
(i) to improve diagnosis and treatment of
food-related illness; and
(ii) to advise individuals at special risk
for food-related illnesses;
(C) information to increase consumer and health
professional awareness of relative risks of different
regulated products and consumer practices in preparing,
handling, and consuming the products; and
(D) such other information or advice to consumers
and other persons as the Secretary determines will
promote the purposes of this subtitle.
(b) Health Advisories.--The Secretary, in consultation with other
Federal departments and agencies as the Secretary determines necessary,
shall work with the States and other appropriate entities--
(1) to develop and distribute regional and national
advisories concerning food safety;
(2) to develop standardized formats for written and
broadcast advisories;
(3) to incorporate State and local advisories into the
national public education program established under subsection
(a); and
(4) to present prompt, specific information regarding foods
found to pose a threat to the public health.
SEC. 304. RESEARCH.
(a) In General.--The Secretary, acting through the Under Secretary
for Research, Education, and Economics, shall conduct research to carry
out this title and improve food safety, including studies--
(1) to improve sanitation and food safety practices in the
processing of food;
(2) to develop improved techniques to monitor and inspect
food;
(3) to develop efficient, rapid, and sensitive methods to
detect contaminants in food;
(4) to determine the sources of contamination of
contaminated food;
(5) to develop food consumption data;
(6) to identify ways that animal production techniques
could improve the safety of the food supply;
(7) to draw upon research and educational programs that
exist at the State and local level;
(8) to use the DNA matching system and other processes to
identify and control pathogens;
(9) to address common and emerging zoonotic diseases;
(10) to develop methods to reduce or destroy harmful
pathogens before, during, and after processing;
(11) to analyze the incidence of antibiotic resistance as
the resistance pertains to the food supply and develop new
methods to reduce the transfer of antibiotic resistance to
humans;
(12) to conduct research to inform risk communications,
including--
(A) conducting studies regarding the knowledge and
behavior of industry, health professionals, consumers,
and other appropriate stakeholders towards food safety;
and
(B) developing a protocol that will balance public
welfare needs associated with the food safety research
of the Department of Agriculture and the requirements
of chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') to account
for the time-sensitive nature of communicating with the
public about food safety programs;
(13) to improve live animal health, handling, transport,
and slaughter methods; and
(14) to conduct other research that supports the purposes
of this title.
(b) Contract Authority.--The Secretary may enter into contracts and
agreements with any State, institution of higher education, Federal
Government agency, or person to carry out this section.
TITLE IV--CRIMINAL PENALTIES AND OTHER PROVISIONS
SEC. 401. CRIMINAL PENALTIES.
(a) Poultry Products Inspection Act.--Section 12 of the Poultry
Products Inspection Act (21 U.S.C. 461) is amended by adding at the end
the following:
``(d) Knowing Introduction Into Commerce of Unsafe Food.--
``(1) Criminal sanctions.--
``(A) In general.--Except as provided in
subparagraph (B), a person that knowingly produces or
introduces into commerce poultry or a poultry product
that is unsafe or otherwise adulterated or misbranded
shall be imprisoned for not more than 10 years or fined
not more than $25,000, or both.
``(B) Severe violations.--A person that commits a
violation described in subparagraph (A) after a
conviction of that person under this subsection has
become final, or commits such a violation with the
intent to defraud or mislead, shall be imprisoned for
not more than 20 years or fined not more than $100,000,
or both.
``(2) Penalties paid into account.--The Secretary shall
deposit penalties collected under this subsection in the
account described in section 270(a)(4) of the Department of
Agriculture Reorganization Act of 1994.
``(3) Discretion of the secretary to prosecute.--Nothing in
this subsection requires the Secretary to report for
prosecution, or for the commencement of an action, a violation
described in paragraph (1) in a case in which the Secretary
finds that the public interest will be adequately served by the
assessment of a civil penalty.
``(4) Remedies not exclusive.--The remedies provided in
this subsection are in addition to, and not exclusive of, other
remedies that may be available under this or any other Act.''.
(b) Federal Meat Inspection Act.--Section 406 of the Federal Meat
Inspection Act (21 U.S.C. 676) is amended by adding at the end the
following:
``(d) Knowing Introduction Into Commerce of Unsafe Food.--
``(1) Criminal sanctions.--
``(A) In general.--Except as provided in
subparagraph (B), a person that knowingly produces or
introduces into commerce meat or a meat food product
that is unsafe or otherwise adulterated or misbranded
shall be imprisoned for not more than 10 years or fined
not more than $25,000, or both.
``(B) Severe violations.--A person that commits a
violation described in subparagraph (A) after a
conviction of that person under this subsection has
become final, or commits such a violation with the
intent to defraud or mislead, shall be imprisoned for
not more than 20 years or fined not more than $100,000,
or both.
``(2) Penalties paid into account.--The Secretary shall
deposit penalties collected under this subsection in the
account described in section 270(a)(4) of the Department of
Agriculture Reorganization Act of 1994.
``(3) Discretion of the secretary to prosecute.--Nothing in
this subsection requires the Secretary to report for
prosecution, or for the commencement of an action, a violation
described in paragraph (1) in a case in which the Secretary
finds that the public interest will be adequately served by the
assessment of a civil penalty.
``(4) Remedies not exclusive.--The remedies provided in
this subsection are in addition to, and not exclusive of, other
remedies that may be available under this or any other Act.''.
(c) Egg Products Inspection Act.--Section 12 of the Egg Products
Inspection Act (21 U.S.C. 1041) is amended by adding at the end the
following:
``(f) Knowing Introduction Into Commerce of Unsafe Food.--
``(1) Criminal sanctions.--
``(A) In general.--Except as provided in
subparagraph (B), a person that knowingly produces or
introduces into commerce eggs or egg products that are
unsafe or otherwise adulterated or misbranded shall be
imprisoned for not more than 10 years or fined not more
than $25,000, or both.
``(B) Severe violations.--A person that commits a
violation described in subparagraph (A) after a
conviction of that person under this subsection has
become final, or commits such a violation with the
intent to defraud or mislead, shall be imprisoned for
not more than 20 years or fined not more than $100,000,
or both.
``(2) Penalties paid into account.--The Secretary shall
deposit penalties collected under this subsection in the
account described in section 270(a)(4) of the Department of
Agriculture Reorganization Act of 1994.
``(3) Discretion of the secretary to prosecute.--Nothing in
this subsection requires the Secretary to report for
prosecution, or for the commencement of an action, a violation
described in paragraph (1) in a case in which the Secretary
finds that the public interest will be adequately served by the
assessment of a civil penalty.
``(4) Remedies not exclusive.--The remedies provided in
this subsection are in addition to, and not exclusive of, other
remedies that may be available under this or any other Act.''.
SEC. 402. ONGOING ASSESSMENT OF OCCUPATIONAL HEALTH.
Not later than 2 years after the date of enactment of this Act, and
not less than every 2 years thereafter, the Secretary of Agriculture,
acting through the Under Secretary of Food Safety, in cooperation with
the Director of the National Institute for Occupational Safety and
Health and the Assistant Secretary of Labor for Occupational Safety and
Health, shall publish a report that--
(1) describes occupational health and safety trends
throughout federally inspected establishments; and
(2) includes recommendations for improving environmental
health for private and Federal employees, including findings of
appropriate maximum line speed allowances in processing and
slaughter establishments, as determined by the Secretary of
Labor in consultation with the Secretary of Agriculture to
ensure an appropriate level of occupational safety.
SEC. 403. REPORTS AND EVALUATION OF IMPLEMENTATION.
(a) Secretary.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and each of the following 2 years, the
Secretary of Agriculture shall submit to Congress a report
that--
(A) describes the progress of the Secretary in
implementing this Act and the amendments made by this
Act;
(B) includes any requests for additional resources
or clarification or modification of policy; and
(C) suggests any necessary technical or conforming
amendments.
(2) Public health information system.--Not later than 1
year after the date of enactment of this Act and each of the
following 3 years, the Secretary of Agriculture shall submit to
Congress a report that describes--
(A) the effectiveness of the public health
information system of the Food Safety and Inspection
Service;
(B) whether the system is effective, accurate, and
reflects actual program implementation; and
(C) whether data contained in the system is usable
to evaluate public health programs.
(b) Comptroller General.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) carry out a comprehensive evaluation of the
implementation and effectiveness of the implementation of this
Act and the amendments made by this Act, including--
(A) management of agency resources;
(B) the ability of industry to comply; and
(C) the public health and food safety outcomes
achieved; and
(2) submit to Congress a report describing the results of
the evaluation.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to carry out this Act and the amendments made by this
Act such sums as are necessary for each fiscal year.
(b) Limitation on Appropriations.--
(1) In general.--For the fiscal year that includes the date
of enactment of this Act, the amount authorized to be
appropriated to carry out this Act (other than section 304) and
the amendments made by this Act shall not exceed--
(A) the amount appropriated for that fiscal year
for the Food Safety and Inspection Service, including
any additional separate appropriations for the
activities of the Under Secretary for Food Safety; or
(B) the amount appropriated for the Food Safety and
Inspection Service and the Under Secretary for Food
Safety for the preceding fiscal year, if as of the date
of enactment of this Act, the relevant appropriations
for the fiscal year that includes the date of enactment
of this Act have not yet been made.
(2) Research.--For the fiscal year that includes the date
of enactment of this Act, the amount authorized to be
appropriated to carry out section 304 shall not exceed--
(A) the amount appropriated for that fiscal year
for the research, education, and economics mission area
of the Department of Agriculture, including any
additional separate appropriations for the activities
of the Under Secretary for Research, Education, and
Economics; or
(B) the amount appropriated for the research,
education, and economics mission area of the Department
of Agriculture and the Under Secretary for Research,
Education, and Economics for the preceding fiscal year,
if as of the date of enactment of this Act, the
relevant appropriations for the fiscal year that
includes the date of enactment of this Act have not yet
been made.
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