[Congressional Record Volume 150, Number 13 (Thursday, February 5, 2004)]
[Senate]
[Page S650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL:
  S. 2051. A bill to promote food safety and to protect the animal feed 
supply from bovine spongiform encephalopathy; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2051

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Animal Feed Protection Act 
     of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) BSE.--The term ``BSE'' means bovine spongiform 
     encephalopathy.
       (2) Covered article.--
       (A) In general.--The term ``covered article'' means--
       (i) feed for an animal;
       (ii) a nutritional supplement for an animal;
       (iii) medicine for an animal; and
       (iv) any other article of a kind that is ordinarily 
     ingested, implanted, or otherwise taken into an animal.
       (B) Exclusions.--The term ``covered article'' does not 
     include--
       (i) an unprocessed agricultural commodity that is readily 
     identifiable as nonanimal in origin, such as a vegetable, 
     grain, or nut;
       (ii) an article described in subparagraph (A) that, based 
     on compelling scientific evidence, the Secretary determines 
     does not pose a risk of transmitting prion disease; or
       (iii) an article regulated by the Secretary that, as 
     determined by the Secretary--

       (I) poses a minimal risk of carrying prion disease; and
       (II) is necessary to protect animal health or public 
     health.

       (3) Specified risk material.--
       (A) In general.--The term ``specified risk material'' 
     means--
       (i) the skull, brain, trigeminal ganglia, eyes, tonsils, 
     spinal cord, vertebral column, or dorsal root ganglia of--

       (I) cattle and bison 30 months of age and older; or
       (II) sheep, goats, deer, and elk 12 months of age and 
     older;

       (ii) the intestinal tract of a ruminant of any age; and
       (iii) any other material of a ruminant that may carry a 
     prion disease, as determined by the Secretary, based on 
     scientifically credible research.
       (B) Modification.--The Secretary shall conduct an annual 
     review of scientific research and may modify the definition 
     of specified risk material based on scientifically credible 
     research (including the conduct of ante-mortem and post-
     mortem tests certified by the Secretary of Agriculture).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH.

       It shall be unlawful for any person to introduce into 
     interstate or foreign commerce a covered article if the 
     covered article contains--
       (1)(A) specified risk material from a ruminant; or
       (B) any material from a ruminant that--
       (i) was in any foreign country at a time at which there was 
     a risk of transmission of BSE in the country, as determined 
     by the Secretary of Agriculture; and
       (ii) may contain specified risk material from a ruminant; 
     or
       (2) any material from a ruminant exhibiting signs of a 
     neurological disease.

     SEC. 4. ENFORCEMENT.

       (a) Cooperation.--The Secretary and the heads of other 
     Federal agencies, as appropriate, shall cooperate with the 
     Attorney General in enforcing this Act.
       (b) Due Process.--Any person subject to enforcement action 
     under this section shall have the opportunity for an informal 
     hearing on the enforcement action as soon as practicable 
     after, but not later than 10 days after, the enforcement 
     action is taken.
       (c) Remedies.--In addition to any remedies available under 
     other provisions of law, the head of a Federal agency may 
     enforce this Act by--
       (1) seizing and destroying an article that is introduced 
     into interstate or foreign commerce in violation of this Act; 
     or
       (2) issuing an order requiring any person that introduces 
     an article into interstate or foreign commerce in violation 
     of this Act--
       (A) to cease the violation;
       (B)(i) to recall any article that is sold; and
       (ii) to refund the purchase price to the purchaser;
       (C) to destroy the article or forfeit the article to the 
     United States for destruction; or
       (D) to cease operations at the facility at which the 
     article is produced until the head of the appropriate Federal 
     agency determines that the operations are no longer in 
     violation of this Act.
       (d) Civil and Monetary Penalties.--The Secretary is 
     directed to promulgate regulations on the appropriate level 
     of civil and monetary penalties necessary to carry out the 
     provisions of this Act, within 180 days following enactment 
     of this Act.

     SEC. 5. TRAINING STANDARDS.

       The Secretary, in consultation with the Secretary of 
     Agriculture, shall issue training standards to industry for 
     the removal of specified risk materials.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $5,000,000 to carry 
     out this Act.

     SEC. 7. EFFECTIVE DATE.

       This Act takes effect on the date that is 180 days after 
     the date of enactment of this Act.
                                 ______