Text: H.R.3386 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.3386--
H.R.3386
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To prohibit certain food transportation practices and to provide for
regulation by the Secretary of Transportation that will safeguard food and
certain other products from contamination during motor or rail transportation,
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.
 This Act may be cited as the `Sanitary Food Transportation Act of 1990'.
SEC. 2. FINDINGS.
 Congress finds that--
 (1) Americans are entitled to receive food and other consumer products that
 are not made unsafe as a result of certain transportation practices;
 (2) the American public is threatened by the transportation of products
 potentially harmful to consumers in motor vehicles and rail vehicles which
 are used to transport food and other consumer products; and
 (3) the risks posed to consumers by such transportation practices are
 unnecessary, and such practices must be terminated.
SEC. 3. DEFINITIONS.
 As used in this Act--
 (1) FOOD, FOOD ADDITIVES, DRUGS, DEVICES, OR COSMETICS- The terms `food',
 `food additives', `drugs', `devices', and `cosmetics' have the meanings
 given to them by section 201 of the Federal Food, Drug, and Cosmetic Act
 (21 U.S.C. 321).
 (2) NONFOOD PRODUCT- The term `nonfood product' means any material, substance,
 or product (including refuse and solid waste, as such term is defined
 in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)) which
 (except as provided under section 4(a)(2)) is not a food, food additive,
 drug, device, or cosmetic. Such term includes any class of such materials,
 substances, or products.
 (3) REFUSE- The term `refuse' means any discarded material to be transported
 to or disposed of in a landfill or incinerator, or required by law to be
 transported to or disposed of in a landfill or incinerator.
 (4) SECRETARY- The term `Secretary' means the Secretary of Transportation.
 (5) STATE- The term `State' means a State of the United States, the
 District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
 of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam,
 and any other territory or possession of the United States.
 (6) TRANSPORTS OR TRANSPORTATION- The term `transports' or `transportation'
 means any movement of property in commerce (including intrastate commerce)
 by motor vehicle or rail vehicle.
 (7) UNITED STATES- The term `United States' means all of the States.
SEC. 4. REGULATIONS.
 (a) IN GENERAL-
 (1) RESPONSIBILITY OF SECRETARY- In accordance with this Act, the Secretary,
 in consultation with the Secretary of Agriculture, the Secretary of Health
 and Human Services, and the Administrator of the Environmental Protection
 Agency, shall issue regulations, pursuant to a rulemaking proceeding, with
 respect to the transportation of food, food additives, drugs, devices, and
 cosmetics in motor vehicles and rail vehicles which are used to transport
 either refuse or other nonfood products which, when so transported, would
 make such food, food additives, drugs, devices, or cosmetics unsafe to the
 health of humans or animals.
 (2) TREATMENT AS NONFOOD PRODUCTS- If a drug, device, or cosmetic is
 transported in a motor or rail vehicle at the same time or before a food or
 food additive is transported in such vehicle, the Secretary shall treat such
 drug, device, or cosmetic as a nonfood product if such transportation would
 make such food or food additive unsafe to the health of humans or animals.
 (b) SPECIAL REQUIREMENTS- In issuing regulations under subsection (a)(1),
 the Secretary, in consultation with the Secretary of Agriculture, the
 Secretary of Health and Human Services, and the Administrator of the
 Environmental Protection Agency, shall establish standards, requirements,
 and other provisions relating to--
 (1) appropriate recordkeeping, identification, marking, certification,
 or other means of verification required to promote compliance with the
 requirements of sections 5, 6, and 7;
 (2) appropriate decontamination, removal, disposal, and isolation standards
 with respect to regulations implementing sections 5 and 6; and
 (3) appropriate materials for construction of tank trucks, rail tank cars,
 cargo tanks, and accessory equipment to comply with regulations implementing
 section 5.
 (c) CONSIDERATIONS- In issuing regulations under subsection (a)(1), the
 Secretary, in consultation with the Secretary of Agriculture, the Secretary
 of Health and Human Services, and the Administrator of the Environmental
 Protection Agency, shall consider each of the following and may establish
 standards, requirements, or other provisions relating to any or all of
 the following:
 (1) The extent to which packaging or similar means of protecting and isolating
 commodities are adequate to ameliorate or eliminate the potential risks of
 transporting food, food additives, drugs, devices, or cosmetics in motor
 vehicles or rail vehicles used to transport nonfood products. If packaging
 standards are found to be adequate by the Secretary, regulations issued
 under subsection (a)(1) shall not apply to food, food additives, drugs,
 devices, or cosmetics or nonfood products which are packaged in packages
 which meet such standards.
 (2) Appropriate compliance and enforcement measures for carrying out this Act.
 (3) Appropriate minimum insurance or other liability requirements for any
 person covered by this Act.
 (d) DEADLINES- The rulemaking proceeding referred to in subsection (a)(1)
 shall be initiated within 30 days after the date of enactment of this
 Act. The regulations referred to in subsection (a)(1) shall be issued within
 270 days after such date of enactment.
SEC. 5. TANK TRUCKS, RAIL TANK CARS, AND CARGO TANKS.
 (a) PROHIBITION- At a minimum, the regulations issued under section 4(a)(1)
 shall prohibit any person from using, offering for use, or arranging
 for the use of a tank truck, rail tank car, or cargo tank used in motor
 vehicle transportation or rail transportation of food, food additives,
 drugs, devices, or cosmetics, if such tank truck, rail tank car, or cargo
 tank is used to transport a nonfood product (other than any nonfood product
 which is included on a list published under subsection (b)).
 (b) LIST OF ACCEPTABLE NONFOOD PRODUCTS- The Secretary, in consultation with
 the Secretary of Agriculture, the Secretary of Health and Human Services,
 and the Administrator of the Environmental Protection Agency, shall publish
 in the Federal Register a list of nonfood products which the Secretary has
 determined do not make food, food additives, drugs, devices, or cosmetics
 unsafe to the health of humans or animals as a result of transportation in
 a tank truck, rail tank car, or cargo tank which is used to transport food,
 food additives, drugs, devices, or cosmetics. The Secretary may periodically
 amend such list by publication in the Federal Register.
 (c) IDENTIFICATION- The regulations issued under section 4(a)(1) shall,
 at a minimum, provide that--
 (1) no person shall use, offer for use, or arrange for the use of a tank
 truck or a cargo tank to provide motor vehicle transportation of only food,
 food additives, drugs, devices, or cosmetics or nonfood products which are
 included on the list published under subsection (b) unless such tank truck
 or cargo tank is identified, by a permanent marking on such tank truck
 or cargo tank, as transporting such food, food additives, drugs, devices,
 or cosmetics or nonfood products;
 (2) no person shall use, offer for use, or arrange for the use of a tank
 truck or a cargo tank to provide motor vehicle transportation of a nonfood
 product which is not included on the list published under subsection (b)
 if such tank truck or cargo tank is identified pursuant to paragraph (1)
 as a tank truck or cargo tank transporting only food, food additives, drugs,
 devices, or cosmetics and nonfood products included on such a list; and
 (3) no person shall receive, except for lawful disposal purposes, any food,
 food additive, drug, device, or cosmetic or nonfood product which has been
 transported in a tank truck or cargo tank in violation of paragraph (1) or
 (2).
 (d) DISCLOSURE- Any person who arranges for the use of a tank truck or a
 cargo tank used in motor vehicle transportation for the transportation of a
 food, food additive, drug, device, or cosmetic or nonfood product shall in
 making such arrangement disclose to the motor carrier or other appropriate
 person if the food, food additive, drug, device, or cosmetic or nonfood
 product being transported is to be used--
 (1) as, or in the preparation of, a food or food additive, or
 (2) as a nonfood product which is included in the list published under
 subsection (b).
SEC. 6. MOTOR AND RAIL TRANSPORTATION OF NONFOOD PRODUCTS.
 (a) PROHIBITION- At a minimum, the regulations issued under section 4(a)(1)
 shall prohibit any person from using, offering for use, or arranging for the
 use of a motor vehicle or a rail vehicle, other than a tank truck, rail tank
 car, or cargo tank described in section 5, to provide transportation of food,
 food additives, drugs, devices, or cosmetics, if such vehicle is used to
 transport nonfood products included on a list published under subsection (b).
 (b) LIST OF UNACCEPTABLE NONFOOD PRODUCTS-
 (1) PUBLICATION- The Secretary, in consultation with the Secretary of
 Agriculture, the Secretary of Health and Human Services, and the Administrator
 of the Environmental Protection Agency, shall publish in the Federal Register
 a list of nonfood products which the Secretary has determined would make
 food, food additives, drugs, devices, or cosmetics unsafe to the health of
 humans or animals as a result of transportation in a motor vehicle or rail
 vehicle which is used to transport food, food additives, drugs, devices,
 or cosmetics. The Secretary may periodically amend the list by publication
 in the Federal Register.
 (2) CARDBOARD, PALLETS, BEVERAGE CONTAINERS, AND OTHER FOOD PACKAGING-
 The list published under paragraph (1) shall not include cardboard,
 pallets, beverage containers, and other food packaging except to the
 extent the Secretary determines that the transportation of cardboard,
 pallets, beverage containers, or other food packaging in a motor vehicle
 or rail vehicle which is used to transport food, food additives, drugs,
 devices, or cosmetics would make the food, food additives, drugs, devices,
 or cosmetics unsafe to the health of humans or animals.
SEC. 7. DEDICATED VEHICLES.
 At a minimum, the regulations issued under section 4(a)(1) shall prohibit
 any person from using, offering for use, or arranging for the use of
 a motor vehicle or rail vehicle to provide transportation of asbestos,
 in forms or quantities determined by the Secretary to be necessary, or of
 products which present an extreme danger to human or animal health, despite
 any decontamination, removal, disposal, packaging, or other isolation
 procedures, unless such motor vehicle or rail vehicle is used only to
 provide transportation of one or more of the following: asbestos, such
 extremely dangerous products, refuse. The Secretary, in consultation with the
 Secretary of Agriculture, the Secretary of Health and Human Services, and the
 Administrator of the Environmental Protection Agency, shall publish in the
 Federal Register a list of the products covered by this section. The Secretary
 may periodically amend such list by publication in the Federal Register.
SEC. 8. WAIVER AUTHORITY.
 The Secretary, in consultation with the Secretary of Agriculture,
 the Secretary of Health and Human Services, and the Administrator of
 the Environmental Protection Agency, may waive, in whole or in part,
 application of any provision of this Act or any regulations issued under
 this Act with respect to any class of persons, class of motor vehicles,
 class of rail vehicles, class of food, food additives, drugs, devices, or
 cosmetics, class of refuse, or class of nonfood products, if the Secretary
 determines that such waiver would not result in transportation of food,
 food additives, drugs, devices, or cosmetics that would be unsafe to human
 or animal health and otherwise is not contrary to the public interest and
 this Act. Any waiver under this section shall be published in the Federal
 Register, together with the reasons for such waiver.
SEC. 9. FOOD TRANSPORTATION INSPECTIONS.
 (a) INSPECTION AUTHORITY- With respect to commercial motor vehicles,
 the Secretary may carry out the requirements of this Act and assist in
 carrying out compatible State laws and regulations through means that
 include inspections conducted by State employees which are funded with money
 authorized under sections 402 through 404 of the Surface Transportation
 Assistance Act of 1982 (49 U.S.C. App. 2302-2304) to carry out the motor
 carrier safety assistance program, if the recipient States agree to assist
 in the enforcement of this Act or are enforcing compatible State laws
 and regulations.
 (b) ASSISTANCE OF OTHER AGENCIES- Upon request by the Secretary, the
 Secretary of Agriculture, the Secretary of Health and Human Services,
 the Administrator of the Environmental Protection Agency, and the heads of
 other appropriate Federal agencies shall provide assistance, to the extent
 such assistance is available, to the Secretary for the purpose of carrying
 out this Act, including assistance in the training of personnel under a
 program established under subsection (c).
 (c) TRAINING PROGRAM- The Secretary, in consultation with the Secretary of
 Agriculture, the Secretary of Health and Human Services, the Administrator
 of the Environmental Protection Agency, and the heads of appropriate State
 transportation and food safety agencies, shall develop and carry out a
 training program for inspectors to conduct vigorous enforcement of this
 Act and regulations issued under this Act or compatible State laws and
 regulations. As part of such training program, the inspectors, including
 State inspectors or personnel paid with funds under the motor carrier safety
 assistance program, shall be trained in the recognition of adulteration
 problems associated with the transportation of food, food additives, drugs,
 devices, and cosmetics and in the procedures for securing the assistance
 of the appropriate Federal and State agencies to support such enforcement.
SEC. 10. POWERS AND DUTIES OF THE SECRETARY.
 The Secretary shall have the same powers, duties, and authorities under this
 Act with respect to transportation regulated under this Act as the Secretary
 has under section 109 (other than subsections (c)(1), (d), and (e) of such
 section) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801
 et seq.) with respect to transportation regulated under such Act.
SEC. 11. VIOLATIONS, PENALTIES, AND SPECIFIC RELIEF.
 (a) VIOLATIONS, PENALTIES- Civil and criminal violations of regulations or
 orders issued under this Act shall be determined, and civil and criminal
 penalties for such violations shall be imposed, in the same manner and
 to the same extent that violations are determined and penalties are
 imposed under section 110 of the Hazardous Materials Transportation Act
 (49 U.S.C. App. 1809).
 (b) EQUITABLE RELIEF- The Secretary shall request equitable relief and
 take action to eliminate or ameliorate an imminent hazard with respect
 to any violation of regulations issued under this Act, or of an order
 issued under this Act, in the same manner and to the same extent that the
 Secretary is authorized to take under section 111 of the Hazardous Materials
 Transportation Act (49 U.S.C. App. 1810).
SEC. 12. RELATIONSHIP TO OTHER LAWS.
 The provisions of the Hazardous Materials Transportation Act (49
 U.S.C. App. 1801 et seq.) relating to the relationship of that Act to
 a law, regulation, order, ruling, provision, or other requirement of a
 State or political subdivision thereof or of an Indian tribe shall apply
 with respect to the relationship of this Act to a law, regulation, order,
 ruling, provision, or other requirement of a State or political subdivision
 thereof or of an Indian tribe which concerns a subject covered under this Act.
SEC. 13. COORDINATION PROCEDURES.
 Not later than 1 year after the date of enactment of this Act, the
 Secretary, after consultation with appropriate State officials, shall
 establish procedures to promote more effective coordination between the
 agencies of the United States and agencies of the States with regulatory
 authority over motor carrier safety and railroad safety with respect to
 implementation and enforcement of this Act.
SEC. 14. APPLICABILITY.
 This Act shall take effect on the date of enactment of this Act, except
 that sections 11 and 12 shall only apply to transportation occurring on or
 after the date that regulations issued under section 4(a)(1) take effect.
SEC. 15. MOTOR CARRIER SAFETY.
 (a) SHORT TITLE- This section may be cited as the `Motor Carrier Safety
 Act of 1990'.
 (b) MOTOR CARRIER SAFETY RATINGS-
 (1) AMENDMENT- The Hazardous Materials Transportation Act (49 U.S.C. App. 1801
 et seq.) is amended by adding at the end the following new section:
`SEC. 117. UNSATISFACTORY SAFETY RATINGS.
 `(a) PROHIBITION ON TRANSPORTATION- Effective January 1, 1991, if a motor
 carrier receives a safety rating from the Secretary which is unsatisfactory,
 such motor carrier shall have 45 days to take such action as may be necessary
 to improve such safety rating to conditional or satisfactory. After the
 last day of such 45-day period, if such motor carrier has not received
 a safety rating from the Secretary which is conditional or satisfactory,
 such motor carrier shall not operate a commercial motor vehicle (as defined
 in section 204(1) of the Motor Carrier Safety Act of 1984)--
 `(1) to provide transportation of hazardous materials for which placarding
 of motor vehicles is required in accordance with the regulations issued
 under this title, or
 `(2) to transport more than 15 passengers, including the driver,
until such motor carrier has received such a safety rating from the Secretary.
 `(b) REVIEW OF RATING- If a motor carrier who has received an unsatisfactory
 safety rating from the Secretary requests the Secretary to review the
 conditions and other factors which resulted in such motor carrier receiving
 the unsatisfactory safety rating, the Secretary shall conduct such review
 within 30 days after the date of such request.
 `(c) PROHIBITION ON FEDERAL AGENCY USE- No Federal agency may use a motor
 carrier who has an unsatisfactory safety rating from the Secretary--
 `(1) to provide transportation of hazardous materials for which placarding
 of motor vehicles is required in accordance with the regulations issued
 under this title, or
 `(2) to transport more than 15 passengers, including the driver.'.
 (2) PUBLIC AVAILABILITY OF SAFETY RATINGS- Not later than 1 year after
 the date of enactment of this Act, the Secretary, in consultation with the
 Interstate Commerce Commission, shall issue a final rule amending the Federal
 motor carrier safety regulations contained in subchapter B of chapter III
 of title 49, Code of Federal Regulations, to establish a system to make
 readily available to the public, and to periodically update, the safety
 ratings of motor carriers which have been assigned unsatisfactory safety
 ratings by the Secretary.
 (c) IMMINENT HAZARDS TO SAFETY- Not later than January 1 of 1992 and 1993,
 the Secretary shall submit to Congress a report describing the actions taken
 under section 521(b)(5) of title 49, United States Code, with respect to
 any violation, or combination of violations, that poses an imminent hazard
 to safety.
 (d) PROCEDURES TO ENSURE TIMELY CORRECTION OF SAFETY VIOLATIONS-
 (1) ISSUANCE OF FINAL RULE- The Secretary shall, within 9 months after the
 date of enactment of this Act, issue a final rule establishing procedures
 to ensure the proper and timely correction of commercial motor vehicle
 safety violations noted during inspections funded with moneys authorized
 under section 404 of the Surface Transportation Assistance Act of 1982 (49
 U.S.C. App. 2304) to carry out the motor carrier safety assistance program.
 (2) VERIFICATION PROGRAM- Such final rule shall establish a verification
 program for Federal inspectors and States which are participating in the
 motor carrier safety assistance program to ensure that commercial motor
 vehicles and operators thereof found in violation of safety requirements have
 subsequently been brought into compliance with such safety requirements. The
 final rule shall, among other things, institute--
 (A) a nationwide system for random reinspection of the commercial motor
 vehicles and operators thereof that have been declared out-of-service as
 a result of such safety violations, the main purpose of which system shall
 be to verify that the violations have been corrected on a timely basis;
 (B) a program of accountability for correcting all safety violations,
 which shall provide that--
 (i) the operator of a commercial motor vehicle for which a safety violation
 has been noted shall be issued a form prescribed by the Secretary;
 (ii) the making of the repairs necessary to correct such violation and the
 date, location, and time of such repairs shall be certified on such form
 by the person making such repairs;
 (iii) the motor carrier responsible for such commercial motor vehicle or
 operator shall certify on such form that, based on the knowledge of the
 carrier, the repairs necessary to correct such violation have been made; and
 (iv) appropriate State penalties shall be assessed for false statements
 on such forms or for failure to return such forms to the appropriate State
 entity; and
 (C) a system for ensuring that appropriate State penalties are assessed
 for failure to correct any such safety violation.
 (e) SERIOUS SAFETY VIOLATIONS-
 (1) FINDINGS- Congress finds that--
 (A) the present system for ensuring compliance with Federal motor carrier
 safety laws and regulations needs improvement;
 (B) relying primarily upon voluntary compliance methods has not resulted
 in an acceptable level of commercial motor vehicle safety; and
 (C) improvements in the existing enforcement authorities are required to
 bring about greater safety.
 (2) OPERATIONAL PROCEDURES- In light of the findings in paragraph (1),
 section 521(b)(1) of title 49, United States Code, is amended--
 (A) by redesignating the existing text as subparagraph (A); and
 (B) by adding at the end the following new subparagraph:
 `(B) The Secretary shall, not later than 60 days after the date of enactment
 of this subparagraph, establish operational procedures to require a highway
 safety specialist or other appropriate representative of the Secretary
 to initiate, at the time of a safety review, compliance review, or other
 inspection or audit activity, or within a reasonable time thereafter, an
 enforcement action whenever any of the offenses referred to in paragraph (2)
 (A) and (B) can be documented, except recordkeeping violations not specified
 by the Secretary as serious. The procedures shall--
 `(i) specify those serious recordkeeping violations for which an enforcement
 action shall be initiated, including instances in which the falsification
 of records of duty status or drivers' medical certificates is required
 or permitted, and such other recordkeeping violations as the Secretary
 determines to be serious; and
 `(ii) authorize, but not require, initiation of an enforcement action for
 recordkeeping violations not specified by the Secretary as serious.'.
 (f) TRUCK VISIBILITY-
 (1) INITIATION OF RULEMAKING PROCEEDING- Not later than 90 days after the
 date of enactment of this Act, the Secretary shall initiate a rulemaking
 proceeding on the need to adopt methods for making trucks or any category
 of trucks more visible to motorists so as to reduce accidents, particularly
 at night, taking into consideration such factors as truck illumination and
 truck color.
 (2) COMPLETION OF PROCEEDING- The proceeding under this subsection shall
 be completed not later than 2 years after the date of enactment of this
 Act or, if the Secretary determines that it is not feasible to complete
 the proceeding within such 2-year period, such proceeding may be extended
 by the Secretary for up to 1 additional year.
 (g) DEFINITIONS- As used in this section--
 (1) COMMERCIAL MOTOR VEHICLE- The term `commercial motor vehicle' has the
 meaning given such term in section 204(1) of the Motor Carrier Safety Act
 of 1984 (49 U.S.C. App. 2503(1)).
 (2) TRUCK- The term `truck' means a commercial motor vehicle that meets
 the description set forth in section 204(1) (A) or (C) of the Motor Carrier
 Safety Act of 1984 (49 U.S.C. App. 2503(1) (A) or (C)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.