| Safe Food Act of 2001
(Introduced in the House)
HR 1671 IH
107th CONGRESS
1st Session
H. R. 1671
To consolidate in
a single independent agency in the executive branch the responsibilities
regarding food safety, labeling, and inspection currently divided among
several Federal agencies.
IN THE HOUSE OF REPRESENTATIVES
May 1, 2001
Ms. DELAURO (for herself, Mrs.
LOWEY, Ms. ROYBAL-ALLARD, Ms. KAPTUR, Mr. HINCHEY, Mr. BROWN of Ohio, Mr.
KILDEE, Mr. LIPINSKI, Ms. PELOSI, Mr. LANTOS, Mrs. JONES of Ohio, Mrs.
CHRISTENSEN, Mr. MCGOVERN, Mr. SERRANO, Ms. MCKINNEY, Mr. ROEMER, Mr. WEINER,
Ms. SCHAKOWSKY, Mr. WEXLER, Mr. MCDERMOTT, Mr. RANGEL, Mr. GUTIERREZ, and
Mr. FALEOMAVAEGA) introduced the following bill; which was referred to
the Committee on Agriculture, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To consolidate in
a single independent agency in the executive branch the responsibilities
regarding food safety, labeling, and inspection currently divided among
several Federal agencies.
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 Food Act of 2001'.
(b) TABLE OF CONTENTS- The
table of contents of this Act is as follows:
Sec. 1. Short title; table
of contents.
Sec. 2. Findings and purposes.
Sec. 4. Establishment of
independent Food Safety Administration.
Sec. 5. Consolidation of
separate food safety and inspection services and agencies.
Sec. 6. Additional authorities
of the Administration.
Sec. 7. Limitation on authorization
of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds
the following:
(1) The safety and security
of the food supply of the United States requires efficient and effective
management of food safety regulations.
(2) The safety of the food
supply of the United States is facing tremendous pressures with regard
to the following issues:
(A) Emerging pathogens and
the ability to detect them.
(B) An aging population
with a growing number of people at high risk for foodborne illnesses.
(C) An increasing volume
of imported foods, without adequate monitoring and inspection.
(D) Maintenance of adequate
inspection of the domestic food processing and food service industry.
(3) Federal food safety
inspection, enforcement, and research efforts should be based on scientifically
supportable assessments of risks to public health.
(4) The Federal food safety
system is fragmented, with at least 12 primary Federal agencies governing
food safety.
(b) PURPOSES- It is the
purpose of this Act--
(1) to establish a single
agency, the Food Safety Administration, that will be responsible for the
regulation of food safety and labeling and for conducting food safety inspections
to ensure, with reasonable certainty, that no harm will result from the
consumption of food, by preventing food-borne illnesses due to microbial,
natural, or chemical hazards in food; and
(2) to transfer to the Food
Safety Administration the food safety, labeling, and inspection functions
currently performed by other Federal agencies, to achieve more efficient
management and effective application of Federal food safety laws for the
protection and improvement of public health.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) ADMINISTRATION- The
term `Administration' means the Food Safety Administration established
under section 4.
(2) ADMINISTRATOR- The term
`Administrator' means the Administrator of Food Safety appointed under
section 4.
(3) FOOD SAFETY LAWS- The
term `food safety laws' means the following:
(A) The Federal Meat Inspection
Act (21 U.S.C. 601 et seq.).
(B) The Poultry Products
Inspection Act (21 U.S.C. 451 et seq.).
(C) The Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
(D) The Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.), with regard to food safety, labeling,
and inspection under that Act.
(E) Such other laws and
portions of laws regarding food safety, labeling, and inspection as the
President may designate by Executive order as appropriate to consolidate
under the administration of the Administration.
SEC. 4. ESTABLISHMENT OF INDEPENDENT
FOOD SAFETY ADMINISTRATION.
(a) ESTABLISHMENT OF ADMINISTRATION;
ADMINISTRATOR- There is established in the executive branch an agency to
be known as the `Food Safety Administration'. The Administration shall
be an independent establishment, as defined in section 104 of title 5,
United States Code. The Administration shall be headed by the Administrator
of Food Safety, who shall be appointed by the President, by and with the
advice and consent of the Senate.
(b) RESPONSIBILITIES- The
Administrator shall administer and enforce the food safety laws for the
protection of the public health and shall oversee the following functions
of the Administration:
(1) Implementation of Federal
food safety inspection, enforcement, and research efforts, based on scientifically
supportable assessments of risks to public health.
(2) Development of consistent
and science-based standards for safe food.
(3) Coordination and prioritization
of food safety research and education programs with other Federal agencies.
(4) Coordination of the
Federal response to foodborne illness outbreaks with other Federal agencies
and State agencies.
(5) Integration of Federal
food safety activities with State and local agencies.
SEC. 5. CONSOLIDATION OF SEPARATE
FOOD SAFETY AND INSPECTION SERVICES AND AGENCIES.
(a) TRANSFER OF FUNCTIONS-
For each Federal agency specified in subsection (b), there are transferred
to the Administration all functions that the head of the Federal agency
exercised on the day before the effective date specified in section 8 (including
all related functions of any officer or employee of the Federal agency)
that relate to administration or enforcement of the food safety laws, as
determined by the President.
(b) COVERED AGENCIES- The
Federal agencies referred to in subsection (a) are the following:
(1) The Food Safety and
Inspection Service of the Department of Agriculture.
(2) The Center for Food
Safety and Applied Nutrition of the Food and Drug Administration.
(3) The Center for Veterinary
Medicine of the Food and Drug Administration.
(4) The National Marine
Fisheries Service of the National Oceanic and Atmospheric Administration
of the Department of Commerce as it relates to the Seafood Inspection Program.
(5) Such other offices,
services, or agencies as the President may designate by Executive order
to further the purposes of this Act.
(c) TRANSFER OF ASSETS AND
FUNDS- Consistent with section 1531 of title 31, United States Code, the
personnel, assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other funds
that relate to the functions transferred under subsection (a) from a Federal
agency shall be transferred to the Administration. Unexpended funds transferred
pursuant to this subsection shall be used by the Administration only for
the purposes for which the funds were originally authorized and appropriated.
(d) REFERENCES- After the
transfer of functions from a Federal agency under subsection (a), any reference
in any other Federal law, Executive order, rule, regulation, document,
or other material to that Federal agency or the head of that agency in
connection with the administration or enforcement of the food safety laws
shall be deemed to be a reference to the Administration or the Administrator,
respectively.
(e) SAVINGS PROVISIONS-
The transfer of functions from a Federal agency under subsection (a) shall
not affect--
(1) an order, determination,
rule, regulation, permit, agreement, grant, contract, certificate, license,
registration, privilege, or other administrative action issued, made, granted,
or otherwise in effect or final with respect to that agency on the day
before the transfer date with respect to the transferred functions; or
(2) any suit commenced with
regard to that agency, and any other proceeding (including a notice of
proposed rulemaking), or any application for any license, permit, certificate,
or financial assistance pending before that agency on the day before the
transfer date with respect to the transferred functions.
SEC. 6. ADDITIONAL AUTHORITIES
OF THE ADMINISTRATION.
(a) OFFICERS AND EMPLOYEES-
The Administrator may appoint officers and employees for the Administration
in accordance with the provisions of title 5, United States Code, relating
to appointment in the competitive service, and fix the compensation of
the officers and employees in accordance with chapter 51 and with subchapter
III of chapter 53 of such title, relating to classification and General
Schedule pay rates.
(b) EXPERTS AND CONSULTANTS-
The Administrator may procure the services of experts and consultants as
authorized by section 3109 of title 5, United States Code, and pay in connection
with the services travel expenses of individuals, including transportation
and per diem in lieu of subsistence while away from the homes or regular
places of business of the individuals, as authorized by section 5703 of
such title.
(c) BUREAUS, OFFICES, AND
DIVISIONS- The Administrator may establish within the Administration such
bureaus, offices, and divisions as the Administrator may determine to be
necessary to discharge the responsibilities of the Administration.
(d) RULES- The Administrator
may prescribe, in accordance with chapters 5 and 6 of title 5, United States
Code, such rules as the Administrator determines to be necessary or appropriate
to administer and manage the functions of the Administrator.
SEC. 7. LIMITATION ON AUTHORIZATION
OF APPROPRIATIONS.
For the fiscal year that
includes the effective date of this Act, the amount authorized to be appropriated
to carry out this Act shall not exceed the amount appropriated for that
fiscal year for the Federal agencies described in section 5(b) for the
purpose of administering or enforcing the food safety laws. If, as of the
effective date of this Act, appropriations for these agencies have not
yet been made for that fiscal year, then the amount authorized to be appropriated
to carry out this Act for that fiscal year shall not exceed the amount
appropriated for these agencies for such purpose for the preceding fiscal
year.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect
on the earlier of--
(1) the date that is 180
days after the date of the enactment of this Act; and
(2) such date during that
period as the President may direct in an Executive order.
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