| S 2532 IS
107th CONGRESS
2d Session
S. 2532
To amend the Federal
Meat Inspection Act and the Poultry Products Inspection Act to improve
the safety of meat and poultry products.
IN THE SENATE OF THE UNITED
STATES
May 17, 2002
Mr. SCHUMER introduced the
following bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To amend the Federal
Meat Inspection Act and the Poultry Products Inspection Act to improve
the safety of meat and poultry products.
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 `Meat and Poultry Products Safety Improvement Act of 2002'.
SEC. 2. MICROBIOLOGICAL PERFORMANCE
STANDARDS.
(a) MEAT- The Federal Meat
Inspection Act is amended by inserting after section 8 (21 U.S.C. 608)
the following:
`SEC. 8A. MICROBIOLOGICAL PERFORMANCE
STANDARDS.
`(a) IN GENERAL- In order
to protect the public health and promote food safety, the Secretary shall
by regulation prescribe performance standards for the reduction of microbiological
pathogens in meat and meat products processed by each establishment receiving
inspection services under this Act.
`(b) ENFORCEMENT- If the
Secretary determines that an establishment fails to meet a standard established
under subsection (a) and that the establishment fails to take actions necessary
to meet the standard, as determined by the Secretary, the Secretary shall
refuse to allow any meat or meat product subject to the standard and processed
by the establishment to be labeled, marked, stamped, or tagged as `inspected
and passed'.'.
(b) POULTRY- The Poultry
Products Inspection Act is amended by inserting after section 7 (21 U.S.C.
456) the following:
`SEC. 7A. MICROBIOLOGICAL PERFORMANCE
STANDARDS.
`(a) IN GENERAL- In order
to protect the public health and promote food safety, the Secretary shall
by regulation prescribe performance standards for the reduction of microbiological
pathogens in poultry and poultry products processed by each establishment
receiving inspection services under this Act.
`(b) ENFORCEMENT- If the
Secretary determines that an establishment fails to meet a standard established
under subsection (a) and that the establishment fails to take actions necessary
to meet the standard, as determined by the Secretary, the Secretary shall
refuse to allow any poultry or poultry product subject to the standard
and processed by the establishment to be labeled, marked, stamped, or tagged
as `inspected and passed'.'.
(c) EFFECTIVENESS OF CURRENT
REGULATIONS- Consistent with section 553 of title 5, United States Code,
the Secretary of Agriculture shall have the authority to enforce the microbiological
performance standards of the Secretary in effect on January 1, 2000.
SEC. 3. LIVESTOCK AND POULTRY
TRACEBACK.
(a) LIVESTOCK- Title I of
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding
at the end the following:
`SEC. 25. LIVESTOCK TRACEBACK.
`(a) IN GENERAL- The Secretary
shall, as the Secretary determines necessary, prescribe by regulation that
cattle, sheep, swine, goats, horses, mules, and other equines presented
for slaughter for human food purposes be identified in the manner prescribed
by the Secretary to enable the Secretary to trace each animal to any premises
at which the animal has been held for such period prior to slaughter that
the Secretary determines necessary to carry out this Act.
`(b) PROHIBITION OR RESTRICTION
ON ENTRY- The Secretary may prohibit or restrict entry into any slaughtering
establishment inspected under this Act of any cattle, sheep, swine, goats,
horses, mules, or other equines not identified as prescribed by the Secretary.
`(1) IN GENERAL- The Secretary
may require that each person, firm, and corporation required to identify
livestock pursuant to subsection (a) maintain accurate records, as prescribed
by the Secretary, regarding the purchase, sale, and identification of the
livestock.
`(2) ACCESS- Each person,
firm, and corporation described in paragraph (1) shall, at all reasonable
times, on notice by a duly authorized representative of the Secretary,
allow the representative to access to each place of business of the person,
firm, or corporation to examine and copy the records described in paragraph
(1).
`(3) DURATION- Each person,
firm, and corporation described in paragraph (1) shall maintain records
required to be maintained under this subsection for such period of time
as the Secretary prescribes.
`(d) FALSE INFORMATION-
No person, firm, or corporation shall falsify or misrepresent to any other
person, firm, or corporation, or to the Secretary, any information as to
any premises at which any cattle, sheep, swine, goats, horses, mules, or
other equines, or carcasses thereof, were held.
`(e) ALTERATION OR DESTRUCTION
OF RECORDS- No person, firm, or corporation shall, without authorization
from the Secretary, alter, detach, or destroy any records or other means
of identification prescribed by the Secretary for use in determining the
premises at which were held any cattle, sheep, swine, goats, horses, mules,
or other equines, or the carcasses thereof.
`(f) PATHOGENS- If the Secretary
finds any human pathogen, disease, or any residue in any cattle, sheep,
swine, goats, horses, mules, or other equines at the time they are presented
for slaughter or in any carcasses, parts of carcasses, meat, or meat food
product prepared in an official establishment and the Secretary finds that
there is a reasonable probability that human consumption of any meat or
meat food product containing the human pathogen, disease, or residue presents
a threat to public health, the Secretary may prohibit or restrict the movement
of
any animals, carcasses, parts
of carcasses, meat, meat food product, or any other article from any source
of the human pathogen, disease, or residue until the Secretary determines
that the human pathogen, disease, or residue at the source no longer presents
a threat to public health.
`(g) USE OF COMMON METHODS-
The Secretary shall use any means of identification and recordkeeping methods
used by producers or handlers of cattle, sheep, swine, goats, horses, mules,
or other equines whenever the Secretary determines that such means of identification
and recordkeeping methods will enable the Secretary to carry out this section.'.
(b) POULTRY- The Poultry
Products Inspection Act is amended by inserting after section 23 (21 U.S.C.
467e) the following:
`SEC. 23A. POULTRY TRACEBACK.
`(a) IN GENERAL- The Secretary
shall, as the Secretary determines necessary, prescribe by regulation that
poultry presented for slaughter for human food purposes be identified in
the manner prescribed by the Secretary to enable the Secretary to trace
each animal to any premises at which the animal has been held for such
period prior to slaughter that the Secretary determines necessary to carry
out this Act.
`(b) PROHIBITION OR RESTRICTION
ON ENTRY- The Secretary may prohibit or restrict entry into any slaughtering
establishment inspected under this Act of any poultry not identified as
prescribed by the Secretary.
`(1) IN GENERAL- The Secretary
may require that each person, firm, and corporation required to identify
poultry pursuant to subsection (a) maintain accurate records, as prescribed
by the Secretary, regarding the purchase, sale, and identification of the
poultry.
`(2) ACCESS- Each person,
firm, and corporation described in paragraph (1) shall, at all reasonable
times, on notice by a duly authorized representative of the Secretary,
allow the representative to access to each place of business of the person,
firm, or corporation to examine and copy the records described in paragraph
(1).
`(3) DURATION- Each person,
firm, and corporation described in paragraph (1) shall maintain records
required to be maintained under this subsection for such period of time
as the Secretary prescribes.
`(d) FALSE INFORMATION-
No person, firm, or corporation shall falsify or misrepresent to any other
person, firm, or corporation, or to the Secretary, any information as to
any premises at which any poultry, or carcasses thereof, were held.
`(e) ALTERATION OR DESTRUCTION
OF RECORDS- No person, firm, or corporation shall, without authorization
from the Secretary, alter, detach, or destroy any records or other means
of identification prescribed by the Secretary for use in determining the
premises at which were held any poultry or the carcasses thereof.
`(f) PATHOGENS- If the Secretary
finds any human pathogen, disease, or any residue in any poultry at the
time the poultry is presented for slaughter or in any carcasses, parts
of carcasses, poultry, or poultry food product prepared in an official
establishment and the Secretary finds that there is a reasonable probability
that human consumption of any poultry or poultry food product containing
the human pathogen, disease, or residue presents a threat to public health,
the Secretary may prohibit or restrict the movement of any animals, carcasses,
parts of carcasses, poultry, poultry food product, or any other article
from any source of the human pathogen, disease, or residue until the Secretary
determines that the human pathogen, disease, or residue at the source no
longer presents a threat to public health.
`(g) USE OF COMMON METHODS-
The Secretary shall use any means of identification and recordkeeping methods
used by producers or handlers of poultry whenever the Secretary determines
that such means of identification and recordkeeping methods will enable
the Secretary to carry out this section.'.
SEC. 4. STATE REPORTING OF FOOD
BORNE PATHOGEN ILLNESSES.
(a) MEAT- Section 301 of
the Federal Meat Inspection Act (21 U.S.C. 661) is amended--
(1) by redesignating subsection
(d) as subsection (e); and
(2) by inserting after subsection
(c) the following:
`(d) STATE REPORTING OF
FOOD BORNE PATHOGEN ILLNESSES- Each State shall report to the Secretary
and the Secretary of Health and Human Services any outbreak of food borne
pathogen illnesses from meat and meat products in the State.'.
(b) POULTRY- Section 5 of
the Poultry Products Inspection Act (21 U.S.C. 454) is amended--
(1) by redesignating subsection
(d) as subsection (e); and
(2) by inserting after subsection
(c) the following:
`(d) STATE REPORTING OF
FOOD BORNE PATHOGEN ILLNESSES- Each State shall report to the Secretary
and the Secretary of Health and Human Services any outbreak of food borne
pathogen illnesses from poultry and poultry products in the State.'.
SEC. 5. EMPLOYEE PROTECTION.
(a) MEAT- The Federal Meat
Inspection Act is amended by inserting after section 405 (21 U.S.C. 675)
the following:
`SEC. 405A. EMPLOYEE PROTECTION.
`(a) IN GENERAL- No establishment
at which inspection is maintained under this Act may harass, prosecute,
hold liable, or discriminate against any employee or other person because
the employee or other person--
`(1) is assisting or demonstrating
an intent to assist in achieving compliance with this Act (including any
regulation);
`(2) is refusing to violate
or assist in the violation of this Act (including any regulation); or
`(3) has commenced, caused
to be commenced, or is about to commence a proceeding, has testified or
is about to testify at a proceeding, or has assisted or participated or
is about to participate in any manner in such a proceeding or in any other
action to carry out this Act.
`(b) COMPLAINTS- Not later
than 1 year after an alleged violation occurred, an employee or other person
alleging a violation of this section, or another person at the request
of the employee, may file a complaint with the Secretary.
`(c) REMEDIAL ACTION- If
the Secretary determines, on the basis of a complaint, that an establishment
violated subsection (a), the Secretary shall order the establishment to--
`(1) take affirmative action
to abate the violation; and
`(2) pay compensatory damages,
including back pay, to the aggrieved employee or other person.'.
(b) POULTRY- The Poultry
Products Inspection Act is amended by inserting after section 12 (21 U.S.C.
461) the following:
`SEC. 12A. EMPLOYEE PROTECTION.
`(a) IN GENERAL- No establishment
at which inspection is maintained under this Act may harass, prosecute,
hold liable, or discriminate against any employee or other person because
the employee or other person--
`(1) is assisting or demonstrating
an intent to assist in achieving compliance with this Act (including any
regulation);
`(2) is refusing to violate
or assist in the violation of this Act (including any regulation); or
`(3) has commenced, caused
to be commenced, or is about to commence a proceeding, has testified or
is about to testify at a proceeding, or has assisted or participated or
is about to participate in any manner in such a proceeding or in any other
action to carry out this Act.
`(b) COMPLAINTS- Not later
than 1 year after an alleged violation occurred, an employee or other person
alleging a violation of this section, or another person at the request
of the employee, may file a complaint with the Secretary.
`(c) REMEDIAL ACTION- If
the Secretary determines, on the basis of a complaint, that an establishment
violated subsection (a), the Secretary shall order the establishment to--
`(1) take affirmative action
to abate the violation; and
`(2) pay compensatory damages,
including back pay, to the aggrieved employee or other person.'.
SEC. 6. BIOLOGICAL THREATS TO
FOOD SUPPLY.
Section 409 of the Federal
Meat Inspection Act (21 U.S.C. 679) is amended by adding at the end the
following:
`(c) BIOLOGICAL THREATS
TO FOOD SUPPLY- The Secretary and the Secretary of Health and Human Services
shall--
`(1) identify potential
biological threats to the food supply of the United States; and
`(2) prepare and (as necessary)
implement a rapid response plan to prevent or respond to the threats.'.
SEC. 7. STUDY OF RECRUITMENT
OF INSPECTORS.
(a) IN GENERAL- The Secretary
of Agriculture shall conduct a study of means of improving the recruitment
of individuals to serve as inspectors under the Federal Meat Inspection
Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21
U.S.C. 451 et seq.), particularly in urban areas.
(b) REPORT- Not later than
180 days after the date of enactment of this Act, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
on the results of the study conducted under subsection (a).
SEC. 8. RAPID DETECTION METHODS.
(1) IN GENERAL- The Secretary
of Agriculture shall conduct a study to determine whether chlorophyll detector
technology, or other rapid detection technologies, should be required to
be used by each establishment receiving inspection services under the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.) to detect the presence of manure carrying E.
coli bacteria and other human pathogens in meat, meat products, poultry,
and poultry products.
(2) REPORT- Not later than
180 days after the date of enactment of this Act, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
on the results of the study conducted under paragraph (1).
(b) RESEARCH AND DEVELOPMENT-
The Secretary may enter into contracts with qualified persons to carry
out research on, and development of, technology described in subsection
(a)(1).
END
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