[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1332

 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

                              May 13, 2015

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 ``Meat and Poultry 
Recall Notification Act of 2015''.
    (b) Table of Contents.--The table of contents of 7 this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
             TITLE I--MEAT AND POULTRY RECALL NOTIFICATION

Sec. 101. Definition of adulterated.
                         TITLE II--FOOD SAFETY

Sec. 201. Food safety.
           TITLE III--CRIMINAL PENALTIES AND OTHER PROVISIONS

Sec. 301. Criminal penalties.
Sec. 302. Reports and evaluation of implementation.
Sec. 303. 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; and
            (5) 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 strengthen the 
                protection of the public health; and
                    (B) to make more effective and efficient use of 
                resources to prevent foodborne illness; and
            (2) 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--MEAT AND POULTRY RECALL NOTIFICATION

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 serious illness or death.
            ``(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) 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 Proucts 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)).
            ``(5) 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.
            ``(6) 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.
            ``(7) 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).
            ``(8) 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).
            ``(9) Process.--The term `process' or `processing' means 
        the commercial harvesting, slaughter, packing, preparation, or 
        manufacture of food.
            ``(10) Safe.--The term `safe' refers to human and animal 
        health.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Under Secretary of Food 
        Safety.
            ``(12) 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.

``SEC. 264. 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 to perform 2 of the 3 following actions:
                    ``(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.
                    ``(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. 265. 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.''.

           TITLE III--CRIMINAL PENALTIES AND OTHER PROVISIONS

SEC. 301. 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 265(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 265(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 265(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. 302. REPORTS AND EVALUATION OF IMPLEMENTATION.

    (a) Secretary.--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--
            (1) describes the progress of the Secretary in implementing 
        this Act and the amendments made by this Act;
            (2) includes any requests for additional resources or 
        clarification or modification of policy; and
            (3) suggests any necessary technical or conforming 
        amendments.
    (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. 303. 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.--For the fiscal year that 
includes the date of enactment of this Act, the amount authorized to be 
appropriated to carry out this Act and the amendments made by this Act 
shall not exceed--
            (1) 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
            (2) 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.
                                 <all>