[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 376 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 376
To provide the Food and Drug Administration with authority to conduct
microbial sampling on concentrated animal feeding operations as
necessary to facilitate a foodborne illness outbreak investigation,
determine the root cause of an outbreak of foodborne illness, or
address other public health needs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2025
Mr. Booker (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide the Food and Drug Administration with authority to conduct
microbial sampling on concentrated animal feeding operations as
necessary to facilitate a foodborne illness outbreak investigation,
determine the root cause of an outbreak of foodborne illness, or
address other public health needs.
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 ``Expanded Food Safety Investigation
Act of 2025''.
SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL FEEDING OPERATIONS.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
``SEC. 425. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL FEEDING
OPERATIONS.
``(a) In General.--The Secretary may request access to a
concentrated animal feeding operation in order to conduct microbial
sampling, if the Secretary determines that such microbial sampling is
necessary in order to facilitate a foodborne illness outbreak
investigation, determine the root cause of an outbreak of foodborne
illness, or address other public health needs.
``(b) Granting of Reasonable Access.--A concentrated animal feeding
operation that receives a request for access under subsection (a) shall
provide reasonable access to the Secretary to conduct such microbial
sampling, including sampling of plants, animals, water, and the
environment, as the Secretary determines appropriate to address the
public health need. Such operation may place reasonable conditions on
access to the operation, including by specifying a time, place, and
manner for sampling, provided that any such conditions do not prevent
the Secretary from conducting appropriate sampling within a reasonable
period of time.
``(c) Authority Over Foods Regulated by the Secretary of
Agriculture.--Nothing in this section shall be construed to impose
additional requirements by the Secretary, beyond microbial sampling,
with respect to food that is within the jurisdiction of the Secretary
of Agriculture pursuant to the Federal Meat Inspection Act, the Poultry
Products Inspection Act, or the Egg Products Inspection Act.
``(d) Coordination With Other Public Health Agencies.--The
Secretary shall ensure that data collected under this section are made
available to the Secretary of Agriculture and relevant State and
Federal public health agencies in order to facilitate work in
detecting, investigating, or preventing foodborne illness. Nothing in
this section shall be construed to limit the rights and exemptions
otherwise available under section 552 of title 5, United States Code.
``(e) Definition.--In this section, the term `concentrated animal
feeding operation' has the meaning given such term in section 122.23(b)
of title 40, Code of Federal Regulations (or any successor
regulations).''.
(b) Enforcement.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(jjj) The refusal to provide reasonable access for microbial
sampling in accordance with section 425.''.
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