Text: S.1502 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in Senate (09/12/2013)


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.

Sec. 101. Definition of adulterated.

Sec. 201. Food safety.

Sec. 202. Good commercial practices in receiving and processing live poultry.

Sec. 301. Definition of Secretary.

Sec. 302. Public health assessment system.

Sec. 303. Public education and advisory system.

Sec. 304. Research.

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.

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.”.

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 IAdministration”;

and

(2) by adding at the end the following:

“PART IIFood 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.”.

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.

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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