< Back to H.R. 4302 (104th Congress, 1995–1996)

Text of the Meat, Poultry, and Seafood Inspection Reform Act of 1996

This bill was introduced on September 28, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 28, 1996 (Introduced).

Source: GPO

HR 4302 IH

104th CONGRESS

2d Session

H. R. 4302

To consolidate within the Department of Agriculture all inspection activities regarding livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products to provide for the improved inspection of those articles and products.

IN THE HOUSE OF REPRESENTATIVES

September 28, 1996

Mr. GUNDERSON introduced the following bill; which was referred to the Committee on Agriculture


A BILL

To consolidate within the Department of Agriculture all inspection activities regarding livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products to provide for the improved inspection of those articles and products.

    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 ‘Meat, Poultry, and Seafood Inspection Reform Act of 1996’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions

      Sec. 3. Congressional intent and statement of findings.

      Sec. 4. Transfer of jurisdiction over seafood inspection.

TITLE I--INSPECTION AND LABELING OF LIVESTOCK , POULTRY, SEAFOOD, AND THEIR PRODUCTS

Subtitle A--Inspection Requirements

      Sec. 101. Ante-mortem examination.

      Sec. 102. Post-mortem examination.

      Sec. 103. Processing examination.

      Sec. 104. Facility sanitation.

      Sec. 105. Night examinations and verifications.

      Sec. 106. Prohibited acts: adulteration.

      Sec. 107. Exempt activities.

      Sec. 108. Microbiological testing.

Subtitle B--Labeling Requirements

      Sec. 121. Inspection labeling.

      Sec. 122. Derivation labeling; separate preparation and slaughtering activities.

      Sec. 123. Prohibited acts: misbranding.

Subtitle C--International Commerce

      Sec. 131. Imported livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products.

      Sec. 132. Exports and certificates of condition.

Subtitle D--Miscellaneous

      Sec. 141. Transitional period.

      Sec. 142. Rulemaking.

      Sec. 143. Appeals.

      Sec. 144. Safe Meat, Poultry, and Seafood Inspection Advisory Panel.

      Sec. 145. Bribery of officers, employees, or officials.

      Sec. 146. Conditions for entry.

      Sec. 147. Pre-slaughter identification and control.

      Sec. 148. Monitoring and closure of growing areas and fishing grounds.

      Sec. 149. Trade secret protection.

TITLE II--RELATED INDUSTRIES

      Sec. 201. Prohibition of title I inspection for articles not intended for use as human food; Denaturation or other identification prior to distribution in commerce; Inedible articles.

      Sec. 202. Record keeping requirements.

      Sec. 203. Registration of person, place of business, and trade name.

      Sec. 204. Regulation of certain transactions, transportation, or importation of certain livestock, poultry, or seafood to prevent its use as human food.

      Sec. 205. Applicability to State and territorial businesses not engaged in interstate commerce.

TITLE III--FEDERAL AND STATE COOPERATION

      Sec. 301. Federal and State cooperation.

TITLE IV--AUXILIARY PROVISIONS

      Sec. 401. Inspection services.

      Sec. 402. Administrative detention and release of carcasses, meat products, poultry products, and seafood products.

      Sec. 403. Seizure and condemnation.

      Sec. 404. Federal jurisdiction.

      Sec. 405. Criminal acts against inspection officials.

      Sec. 406. Violations.

      Sec. 407. Other Federal laws applicable to administration and enforcement of Act.

      Sec. 408. State jurisdiction over federally-regulated matters.

      Sec. 409. Federal Food, Drug, and Cosmetic Act applications.

TITLE V--PUBLIC EDUCATION

      Sec. 501. Education.

TITLE VI--MISCELLANEOUS PROVISIONS

      Sec. 601. Research.

      Sec. 602. Cost of inspection; Overtime.

      Sec. 603. Authorization of appropriations.

      Sec. 604. Reports to Congress

TITLE VII--REPEAL OF SUPERSEDED LAWS

      Sec. 701. Poultry Products Inspection Act.

      Sec. 702. Federal Meat Inspection Act.

      Sec. 703. Related laws.

      Sec. 704. Conforming amendments.

TITLE VIII--EFFECTIVE DATE

      Sec. 801. Effective date.

SEC. 2. DEFINITIONS.

    The following definitions apply for purposes of this Act:

    (a) DEFINITIONS RELATED TO REGULATED ARTICLES-

      (1) CARCASS- The term ‘carcass’ means the body of any livestock or poultry following the removal of the viscera, hide, head, tail, or extremities.

      (2) LIVESTOCK- The term ‘livestock’ means any wild, domesticated, or exotic animal or reptile produced and intended for use, or used, as food.

      (3) MEAT PRODUCT- The term ‘meat product’ means any product capable of use as human food that is made in whole or in part from any portion of a livestock carcass.

      (4) POULTRY- The term ‘poultry’ means any wild, domesticated, or exotic bird produced and intended for use, or used, as food.

      (5) POULTRY PRODUCT- The term ‘poultry product’ means any product capable of use as human food that is made in whole or in part from any portion of a poultry carcass.

      (6) RAW AGRICULTURAL COMMODITY- The term ‘raw agricultural commodity’ has the same meaning given the term in section 201(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(r)).

      (7) REGULATED ARTICLE- The term ‘regulated article’ means any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product.

      (8) SEAFOOD- The term ‘seafood’ means wild or cultured aquatic life, except birds, animals, and reptiles, produced and intended for use, or used, as food.

      (9) SEAFOOD PRODUCT- The term ‘seafood product’ means any product capable of use as human food and derived in whole or in part from seafood.

    (b) DEFINITIONS RELATED TO REGULATED PERSONS-

      (1) ANIMAL FOOD MANUFACTURER- The term ‘animal food manufacturer’ means any person engaged in the business of processing animal food derived in whole or in part from any portion of a carcass or from seafood.

      (2) BROKER- The term ‘broker’ means any person engaged in negotiating the purchase or sale of all or any portion of a carcass, seafood, meat product, poultry product, seafood product, or seafood for other than the person’s own account or as an employee of another person.

      (3) PERSON- The term ‘person’ means any individual, corporation, unincorporated business entity (such as a partnership, association, cooperative, or joint venture), the Federal Government, or a local, State, or foreign government.

      (4) PROCESSING- The term ‘processing’ means heading and gutting, filleting, fermenting, freezing, dehydrating, mincing, drying, canning, salting, curing, smoking, stuffing, rendering, boning, cutting up, grinding, cooking, assembling, labeling or otherwise manufacturing or preparing a carcass, seafood, meat product, poultry product, or seafood product for direct or indirect sale to a consumer.

      (5) PROCESSING FACILITY- The term ‘processing facility’ means a building or other premises, including a vessel, where the processing of carcasses, seafood, meat products, poultry products, or seafood products is conducted.

      (6) RENDERER- The term ‘renderer’ means any person engaged in the business of rendering any portion of a carcass or seafood, except those persons inspected or exempted under title I.

      (7) SLAUGHTER- The term ‘slaughter’ means the intentional cessation of the life of an animal covered by this Act for purposes of food production.

      (8) SLAUGHTERING FACILITY- The term ‘slaughtering facility’ means a building or other premises, including a vessel, where slaughtering of livestock, poultry, or seafood is conducted. A slaughtering facility may also be a processing facility.

    (c) DEFINITIONS RELATED TO STANDARDS-

      (1) ADULTERATED- The term ‘adulterated’ means all or any portion of any carcass, seafood, meat product, poultry product, or seafood product to which one or more of the following circumstances apply:

        (A) The regulated article bears or contains any poisonous or deleterious substance that renders it injurious to health, except that, if the substance is not an intentionally added substance, the regulated article shall not be considered adulterated under this subparagraph if the quantity of the substance in or on the regulated article is not sufficient to render the regulated article injurious to the health of an ordinary consumer.

        (B) The regulated article bears or contains (by reason of administration of any substance to live animals regulated under this Act or otherwise) any added poisonous or added deleterious substance (other than a substance which is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, or (iii) a color additive) which, in the judgment of the Secretary, makes the regulated article unfit for human food.

        (C) The regulated article is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a).

        (D) The regulated article bears or contains any food additive that is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348).

        (E) The regulated article bears or contains any color additive that is unsafe within the meaning of section 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e).

        (F) The regulated article is not adulterated under subparagraphs (C), (D), or (E), but use of the pesticide chemical, food additive, or color additive in or on the article is prohibited by regulations of the Secretary in facilities at which inspection is maintained under title I.

        (G) The regulated article consists in whole or in part of any decomposed substance or is for any other reason unwholesome or otherwise unfit for human food.

        (H) The regulated article has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated, or whereby it may have been rendered injurious to health.

        (I) The regulated article is, in whole or in part, the product of livestock or poultry that has died otherwise than by slaughter.

        (J) The container of the regulated article is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

        (K) The regulated article has been rendered radioactive.

        (L) Any valuable constituent of the regulated article has been, in whole or in part, omitted or abstracted from the article, or any substance has been substituted, in whole or in part, therefor, or damage or inferiority has been concealed in any manner, or any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

        (M) The regulated article is margarine containing livestock, poultry, or seafood fat and any of the raw material used therein consisted in whole or in part of any decomposed substance.

        (N) The regulated article is a seafood product derived in whole or in part from seafood harvested in--

          (i) from a growing area or fishing ground that, for the protection of the public health, has been closed to such growing or harvesting under Federal or State law; or

          (ii) a State or foreign nation that does not have a program of inspection approved or certified by the Secretary.

        (O) A regulated article that is raw or is in a not-ready-to-eat condition is not adulterated simply because of the presence of microbiological organisms found in or on the regulated article, except that the Secretary may, through rulemaking under section 523 of title 5, United States Code, identify specific

microbiological organisms that, when found in sufficient quantities in or on a regulated article following normal handling and preparation, render the regulated article injurious to the health of an ordinary consumer.

      (2) CAPABLE OF USE AS HUMAN FOOD- The term ‘capable of use as human food’ means any portion of a carcass or seafood, unless it is--

        (A) denatured;

        (B) identified in a manner prescribed by the Secretary so as to deter its use as human food; or

        (C) naturally inedible by humans.

      (3) COLOR ADDITIVE- The term ‘color additive’ has the same meaning given the term in section 201(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(t)).

      (4) FOOD ADDITIVE- The term ‘food additive’ has the same meaning given the term in section 201(s) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(s)).

      (5) GENERALLY RECOGNIZED CONTROL PROCEDURES AND CORRECTIVE ACTIONS- The term ‘generally recognized control procedures and corrective actions’ means those techniques which have been shown to be effective through scientific method or which are acknowledged as good and effective food processing practices by the Panel established under section 144.

      (6) LABEL- The term ‘label’ means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any regulated article.

      (7) LABELING- The term ‘labeling’ means all labels and other written, printed, or graphic matter--

        (A) upon any regulated article or any of its containers or wrappers; or

        (B) accompanying such article.

      (8) MISBRANDED- The term ‘misbranded’ means all or any portion of a carcass, seafood, meat product, poultry product, or seafood product to which one or more of the following circumstances apply:

        (A) The labeling of the regulated product is false or misleading in any particular.

        (B) The regulated article is offered for sale under the name of another food.

        (C) The regulated article is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word ‘imitation’ and immediately thereafter the name of the food imitated.

        (D) The container of the regulated article is so made, formed, or filled as to be misleading.

        (E) The regulated article is in a package or other container that does not bear a label showing--

          (i) the name and place of business of the manufacturer, packer, or distributor; and

          (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, except that, with respect to this clause reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Secretary.

        (F) Any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling of the regulated article is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

        (G) The regulated article purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 121 unless--

          (i) it conforms to such definition and standard; and

          (ii) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.

        (H) The regulated article purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under section 121(c)(2), and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.

        (I)(i) The regulated article is not subject to subparagraph (G) and the label of the article does not bear--

          (I) the common or usual name of the food, if any there be; and

          (II) in case it is fabricated from two or more ingredients, the common or unusual name of each such ingredient.

        (ii) Spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each. To the extent that compliance with subclause (II) of clause (i) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary.

        (J) The regulated article purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after consultation with the Secretary of Health and Human Services, determines to be, and by regulation prescribes as,

necessary in order fully to inform purchasers as to its value for such uses.

        (K) The regulated article contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact, except that, to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Secretary.

        (L) The regulated article fails to bear, directly thereon or on its container, as the Secretary may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulation to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

      (9) PESTICIDE CHEMICAL- The term ‘pesticide chemical’ has the same meaning given the term in section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)).

      (10) SIGNIFICANT RISK TO HUMAN HEALTH- The term ‘significant risk to human health’ means a hazard of such a nature that its prevention, elimination, or reduction to an acceptable level is essential to the production of a safe product. In determining whether a specific hazard poses a significant risk, consideration is to be given to the frequency and severity with which the hazard occurs, and to whether the hazard can be controlled at a subsequent stage of processing.

    (d) OTHER DEFINITIONS-

      (1) COMMERCE- The term ‘commerce’ means commerce between any State or territory of the United States, or the District of Columbia, and any other State or territory of the United States, the District of Columbia, or a foreign nation.

      (2) OFFICIAL CERTIFICATE- The term ‘official certificate’ means the certificate of any person performing official functions under this Act, as determined by the Secretary.

      (3) OFFICIAL DEVICE- The term ‘official device’ means any device used to apply any official mark, as determined by the Secretary.

      (4) OFFICIAL INSPECTION LEGEND- The term ‘official inspection legend’ means any symbol indicating that an article passed any inspection under this Act, as determined by the Secretary.

      (5) OFFICIAL MARK- The term ‘official mark’ means the official inspection legend or other symbol used to identify the status of any article under this Act, as determined by the Secretary.

      (6) PANEL- The term ‘Panel’ means the Safe Meat, Poultry, and Seafood Inspection Panel established under section 144.

      (7) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.

      (8) STATE- The term ‘State’ means any State of the United States.

      (9) TERRITORY- The term ‘territory’ means Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.

      (10) UNITED STATES- The term ‘United States’ means the States and territories of the United States and the District of Columbia.

SEC. 3. CONGRESSIONAL INTENT AND STATEMENT OF FINDINGS.

    (a) IMPORTANCE OF WHOLESOME, UNADULTERATED, AND PROPERLY BRANDED PRODUCTS- Congress finds that meat products, poultry products, and seafood products are an essential portion of the nation’s total food supply. It is important that the Government work together with producers, processors, and consumers to assure that meat products, poultry products, and seafood products are wholesome and unadulterated as well as properly marked, labeled, and packaged, handled, prepared, and stored. Unwholesome, adulterated, misbranded, mishandled, improperly prepared, or improperly stored meat products, poultry products, and seafood products not only injure the public health and safety, but also destroy markets for legitimate products and result in losses to producers and processors. It is intended that the only articles regulated under this Act are those which are either in interstate or foreign commerce, or substantially affect such commerce.

    (b) PARAMOUNT INTEREST OF FEDERAL INSPECTION- Congress finds that the paramount purpose of Government oversight of the meat, poultry, and seafood industries is to promote the public health and safety, and that this purpose takes priority over aesthetic or economic concerns.

    (c) GOAL OF RISK- AND SCIENCE-BASED SYSTEM OF INSPECTION- Congress finds that promoting the public health and safety can only be achieved with a risk-based program that covers the entire food production system from the raising, slaughtering, and processing of livestock, poultry, or seafood to retail distribution and that covers the proper handling, preparation, and storage of meat products, poultry products, and seafood products. Further, any program of Government oversight must be science-based and focus on the prevention, not detection, of food safety hazards to be effective and viable.

    (d) IDENTIFICATION OF HAZARDS AND CONTROL PROCEDURES- Congress finds that a preventive program of meat, poultry and seafood inspection requires the identification of hazards that pose a significant risk to the public heath and implementation of scientifically recognized control procedures to address such hazards.

    (e) SUPPORT FOR STATE INSPECTION PROGRAMS- Because of the importance of meat, poultry, and seafood products to the Nation’s food supply, Congress intends that the Federal Government foster and support effective State inspection programs under this Act to ensure comprehensive meat, poultry, and seafood inspection.

SEC. 4. TRANSFER OF JURISDICTION OVER SEAFOOD INSPECTION.

    (a) TRANSFER- Upon the effective date of this Act, Federal inspection responsibilities over seafood and seafood products is hereby transferred from the Food and

Drug Administration to the Food Safety and Inspection Service of the Department of Agriculture.

    (b) CONFORMING REPEAL- Section 706 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 376) is repealed.

TITLE I--INSPECTION AND LABELING OF LIVESTOCK, POULTRY, SEAFOOD, AND THEIR PRODUCTS

Subtitle A--Inspection Requirements

SEC. 101. ANTE-MORTEM EXAMINATION.

    (a) EXAMINATION REQUIRED, PURPOSE-

      (1) IN GENERAL- The Secretary shall provide a written procedure for a risk-based ante-mortem examination of livestock, poultry, and seafood prior to entry into a slaughtering facility. The examination shall be for the purpose of detecting any abnormality in the livestock, poultry, or seafood and to assure compliance with any requirements imposed by section 147. Livestock, poultry, or seafood showing an abnormality shall be set apart and slaughtered only after being examined separately by an official chosen by the Secretary.

      (2) SELF-INSPECTION AUTHORIZED- Upon the petition of a facility, the Secretary may permit the ante-mortem examination to be conducted by one or more representatives of that facility. In such cases, the Secretary may prescribe the minimum qualifications for such representatives which shall not exceed the minimum qualification of other officials chosen by the Secretary to perform such examinations.

      (3) WRITTEN PROCEDURE- Petitions for self-inspection shall contain a written procedure for conducting ante-mortem examinations. The written procedure shall incorporate generally recognized control procedures and corrective actions to enable the facility to monitor those physical, biological, and chemical hazards that pose a significant risk to human health and to control such risks. A facility may limit its written procedure to food safety concerns. Aesthetic and economic concerns need not be part of the required procedure and shall not be subject to the mandatory verification activities provided by this section. All written procedures shall include--

        (A) a provision empowering officials chosen by the Secretary to verify compliance with the written procedure;

        (B) a provision specifying how the facility will perform the ante-mortem examination of livestock, poultry, and seafood required by this section;

        (C) a provision requiring the facility to document both the procedure by which abnormalities are detected and the disposition of livestock, poultry, and seafood with abnormalities; and

        (D) a provision mandating that any livestock, poultry, and seafood to be used as human food showing an abnormality shall be set apart and examined separately by an official chosen by the Secretary.

    (b) VERIFICATION OF THE WRITTEN PROCEDURE-

      (1) VERIFICATION BY SECRETARY- Following the approval of a facility’s petition for self-inspection, the Secretary shall choose officials to verify a facility’s compliance with its written procedure of ante-mortem examination. The Secretary may require a slaughtering facility to maintain such records as may be necessary to verify the facility’s compliance with its written procedure.

      (2) VERIFICATION ACTIVITIES- In verifying the compliance of a slaughtering facility with its written procedure, the officials chosen by the Secretary shall review the following documents maintained by the facility--

        (A) written procedure of ante-mortem examination;

        (B) in-house monitoring and control records;

        (C) records of deviations and dispositions taken;

        (D) in-house reviews of the ante-mortem examination procedures of the facility; and

        (E) upon the request of the facility, the quality assurance program, if any, adopted and followed by the facility.

      The officials chosen by the Secretary may also review any other records generated by a facility’s written procedure, make visual observations of the facility’s ante-mortem inspections, and take samples of carcasses and products to ensure the facility is following its written procedure.

    (c) REMEDIATION OF THE WRITTEN PROCEDURE- If a verification inspection raises questions as to whether product produced under the written procedure of ante-mortem examination poses an unacceptable risk to human health, the official making the inspection shall notify the facility, in writing, of the alleged deficiencies in the written procedure and what corrective action is necessary. The facility may either amend its written procedure to conform to the recommendations of the official making the inspection or appeal the matter. The Secretary shall provide an expedited hearing process for such appeals. Until a final administrative decision is rendered, the facility may continue to operate pursuant to its written procedure, unless the Secretary makes an express factual determination that product processed under that written procedure would pose a direct and significant risk to public health and safety.

    (d) DISPOSITION OF PRODUCT- Except as provided in subsection (c), any product produced in accordance with the written procedure of ante-mortem examination may be shipped in commerce. When a facility determines that a deviation has occurred, the facility shall retain the product and either reprocess the suspect product using generally recognized procedures or destroy the product. Any product so destroyed shall be deemed to have been condemned by the Secretary.

    (e) NONCOMPLIANCE WITH THE WRITTEN PROCEDURE- Should an official making a verification inspection determine that a facility is not following its written procedure, that official may increase verification activities

until the official determines the facility will follow the procedure without such increased verification. The official also may retain product if such product would pose a direct and significant risk to public health and safety. The decision of any official under this subsection may be appealed to the Secretary by the facility. The Secretary shall provide an expedited process to hear and decide such appeals.

SEC. 102. POST-MORTEM EXAMINATION.

    (a) EXAMINATION REQUIRED, PURPOSE-

      (1) IN GENERAL- The Secretary shall provide for a risk-based post-mortem examination of livestock and poultry carcasses and seafood at a slaughtering facility. The Secretary is authorized, but is not required, to accomplish such examination through a separate inspection of each article following its slaughter.

      (2) SELF-INSPECTION AUTHORIZED- Upon the petition of a facility, the Secretary may permit the post-mortem examination to be conducted by one or more representatives of the facility pursuant to a written procedure which is prepared by the facility and based on the nature of the operations conducted by the facility. In such cases, the Secretary may prescribe minimum qualifications for such representatives which shall not exceed the minimum qualifications of other officials chosen by the Secretary to perform such examinations.

      (3) CONTENTS OF THE WRITTEN PROCEDURE- Petitions for self-inspection shall contain a written procedure for conducting post-mortem examinations. The written procedure shall incorporate generally recognized control procedures and corrective actions to enable the facility to monitor those physical, biological, and chemical hazards that pose a significant risk to human health and to control such risks. A facility may limit its written procedure to food safety concerns. Aesthetic and economic concerns need not be part of the required procedure and shall not be subject to the mandatory verification activities provided by this section. All written procedures shall include--

        (A) a provision empowering officials chosen by the Secretary to verify compliance with the written procedure;

        (B) a provision specifying how the facility will perform the post-mortem examination of livestock and poultry carcasses and seafood required by this section;

        (C) a provision requiring the facility to document both the procedure by which abnormalities are detected and the disposition of livestock and poultry carcasses and seafood with abnormalities; and

        (D) a provision mandating that any livestock or poultry carcass or seafood to be used as human food showing an abnormality shall be set apart and examined separately by an official chosen by the Secretary.

    (b) VERIFICATION OF THE WRITTEN PROCEDURE-

      (1) VERIFICATION BY SECRETARY- Following the approval of a facility’s petition for self-inspection, the Secretary shall choose officials to verify a facility’s compliance with its written procedure of post-mortem examination. The Secretary may require a slaughtering facility to maintain such records as may be necessary to verify the facility’s compliance with its written procedure.

      (2) VERIFICATION ACTIVITIES- In verifying the compliance of a slaughtering facility with its written procedure, the officials chosen by the Secretary shall review the following documents maintained by the facility--

        (A) written procedure of post-mortem examination;

        (B) in-house monitoring and control records;

        (C) records of deviations and dispositions taken;

        (D) in-house reviews of the post-mortem examination procedures of the facility; and

        (E) upon the request of the facility, the quality assurance program, if any, adopted and followed by the facility.

      The officials chosen by the Secretary may also review any other records generated by a facility’s written procedure, make visual observations of the facility’s post-mortem inspections, and take samples of carcasses and products to ensure the facility is following its written procedure.

    (c) REMEDIATION OF THE WRITTEN PROCEDURE- If a verification inspection raises questions as to whether product produced under the written procedure of post-mortem examination poses an unacceptable risk to human health, the official making the inspection shall notify the facility, in writing, of the alleged deficiencies in the written procedure and what corrective action is necessary. The facility may either amend its written procedure to conform

to the recommendations of the official making the inspection or appeal the matter. The Secretary shall provide an expedited hearing process for such appeals. Until a final administrative decision is rendered, the facility may continue to operate pursuant to its written procedure, unless the Secretary makes an express factual determination that product processed under that written procedure would pose a direct and significant risk to public health and safety.

    (d) DISPOSITION OF PRODUCT- Except as provided in subsection (c), any product produced in accordance with the written procedure of post-mortem examination may be shipped in commerce. When a facility determines that a deviation has occurred, the facility shall retain the product and either reprocess the suspect product using generally recognized procedures or destroy the product. Any product so destroyed shall be deemed to have been condemned by the Secretary.

    (e) NONCOMPLIANCE WITH THE WRITTEN PROCEDURE- Should an official making a verification inspection determine that a facility is not following its written procedure, that official may increase verification activities until the official determines the facility will follow the procedure without such increased verification. The official also may retain product if such product would pose a direct and significant risk to public health and safety. The decision of any official under this subsection may be appealed to the Secretary by the facility. The Secretary shall provide an expedited process to hear and decide such appeals.

SEC. 103. PROCESSING EXAMINATION.

    (a) EXAMINATION REQUIRED; PURPOSE-

      (1) IN GENERAL- The Secretary shall provide for a risk-based examination of meat products, poultry products, or seafood products at any processing facility according to the requirements of this section--

      (2) SELF-INSPECTION AUTHORIZED- Upon the petition of a facility, the Secretary may permit the processing examination to be conducted by one or more representatives of the processing facility pursuant to a written procedure which is prepared by the facility and based on the nature of the operations conducted by the facility. In such cases, the Secretary may prescribe minimum qualifications for such representatives which shall not exceed the minimum qualifications of other officials chosen by the Secretary to perform such examinations.

      (3) WRITTEN PROCEDURE- Petitions for self-inspection shall contain a written procedure for conducting processing examinations. The written procedure shall incorporate generally recognized control procedures and corrective actions to enable the processing facility to monitor those physical, biological, and chemical hazards that pose a significant risk to human health and to control such risks. A processing facility may limit its written procedure to food safety concerns only. Aesthetic and economic concerns need not be part of the required procedure and shall not be subject to the verification activities provided in this section. All written procedures shall include a provision empowering officials chosen by the Secretary to verify compliance with the written procedure.

    (b) VERIFICATION OF THE WRITTEN PROCEDURE-

      (1) VERIFICATION BY SECRETARY- Following the approval of a facility’s petition for self-inspection, the Secretary shall choose officials to verify a facility’s compliance with its written procedure of processing examination. The Secretary shall coordinate the choice of such officials with other state and Federal agencies to maximize the efficient use of verification resources. The Secretary may require a processing facility to maintain such records as may be necessary to verify the facility’s compliance with its written procedure.

      (2) VERIFICATION ACTIVITIES- In verifying the compliance of a processing facility with its written procedure, the officials chosen by the Secretary shall review the following documents maintained by the facility--

        (A) written procedure of processing examination;

        (B) in-house monitoring and control records;

        (C) records of deviations and dispositions taken;

        (D) in-house reviews of the processing examination procedures of the facility; and

        (E) upon the request of the facility, if any, adopted and followed by the facility.

    The officials chosen by the Secretary may also review any other records generated by a facility’s written procedure, make visual observations of the facility’s post-mortem inspections, and take samples of products to ensure the facility is following its written procedure.

      (3) FREQUENCY OF VERIFICATION- Among the factors the Secretary shall consider in determining the frequency of verification activities at a processing facility are--

        (A) the public health risk presented at the various stages of processing;

        (B) the reliability of the monitoring and control systems used by the facility; and

        (C) the compliance history of the facility.

    (c) REMEDIATION OF THE WRITTEN PROCEDURE- If a verification inspection raises questions as to whether product produced under the written procedure of processing examination poses an unacceptable risk to human health, the official making the inspection shall notify the facility, in writing, of the alleged deficiencies in the written procedure and what corrective action is necessary. The facility may either amend its written procedure to conform to the recommendations of the official making the inspection or appeal the matter. The Secretary shall provide an expedited hearing process for such appeals. Until a final administrative decision is rendered, the facility may continue to operate pursuant to its written procedure, unless the Secretary makes an express factual determination that product processed under that written procedure would pose a direct and significant risk to public health and safety.

    (d) DISPOSITION OF PRODUCT- Except as provided in subsection (c), any product produced in accordance with the written procedure of post-mortem examination may be shipped in commerce. When a facility determines that a deviation has occurred, the facility shall retain the product and either reprocess the suspect product using generally recognized procedures or destroy the product. Any product so destroyed shall be deemed to have been condemned by the Secretary.

    (e) NONCOMPLIANCE WITH THE WRITTEN PROCEDURE- Should an official making a verification inspection determine that a facility is not following its written procedure of processing examination, that official may increase verification activities until the official determines the facility will follow the procedure without such increased verification. The official also may retain product if such product would pose a direct and significant risk to public health and safety. The decision of any official under this subsection may be appealed to the Secretary by the facility. The Secretary shall provide an expedited process to hear and decide such appeals.

SEC. 104. FACILITY SANITATION.

    (a) SANITATION- Each slaughtering facility or processing facility, and any other facility that is engaged in the business of buying, selling, freezing, storing, or transporting livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products, shall adopt a written procedure providing for the maintenance of sanitary conditions at that facility. Among the topics covered by the written procedure shall be the proper storage and handling of articles and products to assure that they do not become adulterated or misbranded.

    (b) VERIFICATION OF THE WRITTEN PROCEDURE- The Secretary shall choose officials who, using the procedures set forth in section 104, shall periodically verify a facility’s compliance with its written procedure for sanitation.

SEC. 105. NIGHT EXAMINATIONS AND VERIFICATIONS.

    If a slaughtering facility or a processing facility operates both during the day and at night, the Secretary shall require that a portion of the examinations at that facility and a portion of any visual observations by officials to verify compliance with that facility’s written procedure for examinations occur at night.

SEC. 106. PROHIBITED ACTS: ADULTERATED PRODUCT.

    Except as provided in section 105, no person shall do any of the following with respect to any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product capable of use as human food:

      (1) Slaughter or process any such article or product except in compliance with the requirements of this title.

      (2) Fail to destroy any article or product that has been condemned within such time as the Secretary may prescribe.

      (3) Sell, offer for sale or transportation, receive for transportation, or transport any such article or product that--

        (A) was not slaughtered or processed in compliance with the requirements of this title; or

        (B) is otherwise adulterated

      (4) Commit any act which was intended to cause, or has the effect of causing, any such article or product to become adulterated.

SEC. 107. EXEMPT ACTIVITIES.

    (a) ACTIVITIES EXEMPT FROM FEDERAL INSPECTION- The provisions of this title requiring examination of the slaughter of livestock, poultry, or seafood and the processing of meat products, poultry products, and seafood products conducting shall not apply to--

      (1) any person who slaughters or processes livestock, poultry, or seafood raised by that person for the exclusive use of that person or his or her household;

      (2) any person who engages in the custom slaughter of livestock, poultry, or seafood received from the owner thereof for the exclusive use by the owner and his or her household; or

      (3) the custom processing by any person of livestock, poultry, seafood, game animals, or game birds received from the owner thereof exclusively for use by the owner or his or her household.

    (b) SEGREGATION OF EXEMPT PRODUCT FROM INSPECTED PRODUCT- The Secretary shall require that any person who, at the same facility, engages in both the activity described in subsection (a) and other slaughtering or processing activity for which ante-mortem, post-mortem, or processing examinations are required by this title--

      (1) shall keep the livestock and poultry carcasses, seafood, meat products, poultry products, seafood products, containers, and packages of each activity separate and distinct from the livestock and poultry carcasses, seafood, meat products, poultry products, seafood products, containers and packages of the other activity at all times; and

      (2) shall plainly mark all articles, containers, or packages containing products slaughtered or processed under the conditions described in subsection (a) as ‘Not For Sale.’

    (c) SUSPENSION OF EXEMPTION- The Secretary may suspend the exemption provided under subsection (a) for any person who fails to comply with section 106 or subsection (b) of this section.

SEC. 108. MICROBIOLOGICAL TESTING.

    The Secretary may adopt such microbiological testing as has been demonstrated to be necessary in assisting officials in verifying the effectiveness of the written procedures established by a slaughtering facility or a processing facility to control foodborne hazards under sections 102 and 103. In determining the appropriate role and use of such testing, the Secretary shall collaborate with the Panel established in section 144 and utilize the most current scientific and technological evidence available.

Subtitle B--Labeling Requirements

SEC. 121. INSPECTION LABELING.

    (a) RECEPTACLE LABELS- Any meat product, poultry product, or seafood product which has been examined under chapter 1, prepared for commerce, and placed or packed in any can, pot,

tin, canvas, or other receptacle or covering, shall have a label attached to said can, pot, tin, canvas, or other receptacle or covering, by the slaughtering facility or processing facility stating that its contents have been ‘inspected and passed’ pursuant to the provisions of this Act.

    (b) CARCASS AND PRODUCT LABELING- Any livestock or poultry carcass, portion of a livestock or poultry carcass, seafood, meat product, poultry product, or seafood product which has beenexamined under chapter 1 and found to be unadulterated, shall have a label attached directly on the article or product or its container, as the Secretary may designate, which contains the information required to avoid misbranding.

    (c) LABEL SPECIFICATIONS AND PRODUCT STANDARDS- Whenever the Secretary determines that action is necessary to protect the public from false or misleading information which poses a direct and significant threat to public health or safety, the Secretary may--

      (1) prescribe the styles and sizes of type to be used when labeling any articles or products subject to this Act; and

      (2) provide definitions, standards of identity or composition and standards of fill of container for articles and products subject to this Act which are consistent with any such standards established under the Federal Food, Drug, and Cosmetic Act. The Secretary shall collaborate with the Secretary of Health and Human Services and the Panel established under section 144 prior to the issuance of such findings to avoid any inconsistency with other state or Federal standards and to coordinate the administration of those standards.

    (d) FALSE AND MISLEADING MARKINGS, LABELS AND CONTAINERS- The Secretary shall prohibit articles or products subject to this Act from being sold, marketed or transported with markings, labels, or containers which convey false or misleading information that poses a direct and significant threat to public health or safety. If the Secretary determines that such a threat exists from any marking, labeling, or container, the Secretary shall direct that the marking, label, or contain be withheld unless modified. The person or facility may either alter the marking, label, or container to conform to the specifications of the Secretary or appeal the matter. Until a final administrative decision is rendered, the person or facility may not continue to utilize the marking, label, or container.

SEC. 122. DERIVATION LABELING; SEPARATE PREPARATION AND SLAUGHTERING ACTIVITIES.

    (a) DERIVATION LABELING- No person shall sell, market, or transport any livestock or poultry carcass, any portion of a livestock or poultry carcass, seafood, meat product, poultry product, or seafood product unless it is conspicuously marked, labeled, or otherwise identified to show the species of livestock, poultry, or seafood from which it was derived.

    (b) SEPARATE PROCESSING AND SLAUGHTERING FACILITIES- The Secretary may require that livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products from a particular species be processed in facilities separate from the facilities in which livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products of other species are slaughtered or processed.

SEC. 123. PROHIBITED ACTS: MISBRANDING.

    Except as specifically authorized by the Secretary, no person shall do any of the following acts with respect to any livestock or poultry carcass, seafood, meat product, or seafood product--

      (1) forge any official marking, label, or certificate;

      (2) simulate, alter, detach, deface, or destroy any official marking, label, or certificate;

      (3) fail to use any official marking, label, or certificate required by the Secretary;

      (4) knowingly possess any counterfeit, simulated, forged, or altered official certificate;

      (5) knowingly make any false statement in any certificate or other official or unofficial document required by the Secretary;

      (6) knowingly possess any article or product bearing any counterfeit, simulated, forged, or altered official marking; or

      (7) knowingly misrepresent that any article or product either has passed inspection or is exempt from examination under this Act.

Subtitle C--International Commerce

SEC. 131. IMPORTED LIVESTOCK AND POULTRY CARCASSES, SEAFOOD, MEAT PRODUCTS, POULTRY PRODUCTS, AND SEAFOOD PRODUCTS.

    (a) IMPORTS TO MEET DOMESTIC STANDARDS-

      (1) INSPECTION AND VERIFICATION REQUIREMENTS- Notwithstanding any other provision of law and except as provided in paragraphs (3) and (4), all livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products capable of use as human food offered for importation into the United States shall be subject to the requirements of this Act and the provisions of the Federal Food, Drug and Cosmetic Act, and shall further--

        (A) be subject to inspection, sanitary, quality, species verification and residue standards that are equivalent to those applied to products produced in the United States; and

        (B) have been slaughtered and processed in facilities and under conditions that are equivalent to those under which similar products are processed in the United States, including the requirements for humane methods of handling and slaughter included in Public Law 85-765 (7 U.S.C. 1901-1906).

      (2) FAILURE TO MEET DOMESTIC STANDARDS- Any imported livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products that do not meet the domestic standards specified in paragraph (1) shall not be permitted entry into the United States. The Secretary shall enforce this provision through--

        (A) the imposition of risk-based sampling, testing, and inspection both at the point of slaughter or processing in an exporting country and at the point of entry into the United States; and

        (B) the certification by the Secretary of an exporting country’s inspection, sanitary, quality,

species verification, and residue standards. The Secretary shall periodically review such certifications. A foreign country whose standards have not been certified by the Secretary as equivalent to domestic standards shall not be eligible to export livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products into the United States.

      (3) CANADA AND MEXICO- At any time during which the North American Free Trade Agreement is in effect, Canada and Mexico may demonstrate compliance with the requirements of paragraph (1) of this subsection by providing the Secretary with scientific or other evidence, in accordance with risk assessment methodologies adopted by the Secretary and the exporting country, that the exporting country achieves a level of consumer protection the Secretary deems appropriate based on sound scientific principles and reliable analytical methods.

      (4) EXEMPTION FOR PERSONAL USE- Livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products slaughtered or processed in a foreign country shall be exempt from the provisions of this section when purchased by an individual exclusively for his or her household and if the total weight all of the imported articles or products do not exceed fifty pounds.

    (b) USAGE OF DRUGS BANNED IN THE UNITED STATES- The Secretary may limit the circumstances and specify the terms and conditions upon which live livestock, poultry, or seafood to which a drug banned for use in the United States has been administered, or articles and products from such livestock, poultry, and seafood, may be imported into the United States.

    (c) REQUIREMENT THAT FOREIGN INSPECTION STANDARDS BE BASED ON SOUND SCIENTIFIC PRINCIPLES AND RELIABLE ANALYTICAL METHODS-

      (1) The Secretary shall determine whether any foreign country applies inspection, sanitary, quality, species verification, residue or other standards to imports of livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products which are either unrelated to public health or safety or cannot be justified by sound scientific principles and reliable analytical methods.

      (2) Following a determination by the Secretary that a foreign country is employing standards to United States imports as specified in paragraph (1) of this subsection and consultation with the United States Trade Representative, the President may revoke any certification provided under subsection (a) to that foreign country unless that country’s inspection, sanitary, quality, species verification, or other standards applicable to livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products are identical to those required in the United States.

      (3) The action authorized under paragraph (2) may be utilized under the circumstances noted in that paragraph instead of, or in addition to, any other action taken under any other law.

    (d) DESTRUCTION OF IMPORTED ARTICLES CONDEMNED BY THE SECRETARY- The Secretary may specify the terms and conditions for the destruction of articles and products that are imported contrary to this section. However, imported articles and products which are not in compliance with this section solely because of misbranding may be brought into compliance under the supervision of authorized representatives of the Secretary and subsequently released.

    (e) REPORT TO CONGRESS- Not later than March 1 of each year 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 comprehensive written report regarding the administration of this section during the immediately preceding calendar year. Such report shall include the following:

      (1) A certification by the Secretary that foreign persons exporting livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products to the United States employ inspection, sanitary, quality, species verification, and residue standards that are equivalent to those applied to products produced in the United States, and have been slaughtered and processed under conditions and in facilities that are equivalent to those under which similar articles and products are slaughtered and processed in the United States. The Secretary may treat the standards of Canada or Mexico as equivalent if that country provides the Secretary with scientific or other evidence, in accordance with risk assessment methodologies accepted by the Secretary and the exporting country, that the country achieves the level of consumer protection that the Secretary considers appropriate based upon sound scientific principles and reliable analytical methods.

      (2) The names and locations of facilities that exported livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products to the United States.

      (3) The number of officials utilized by the United States Department of Agriculture during that calendar year to inspect the facilities, articles and products specified in paragraph (2) and the frequency with which each such facility was inspected by those officials.

      (4) The number of officials utilized by each country during that year to inspect the facilities, articles, and products specified in paragraph (2) and the frequency and effectiveness of such inspection.

      (5) The total volume of livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products imported into the United States during that calendar year from each country, including the volume of each major category of such imports from each country and a detailed accounting by facility, country, and product of facilities or products that failed to meet the standards prescribed by this Act.

      (6) The name of each country that employs standards specified in subsection (c)(1).

SEC. 132. EXPORTS AND CERTIFICATES OF CONDITION.

    (a) EXPORT EXAMINATION OF LIVESTOCK, POULTRY, AND SEAFOOD- The Secretary shall require the examination of all live livestock, poultry, and seafood offered

for export to foreign countries to ascertain whether such animals are free from disease.

    (b) EXPORT REVIEW OF LIVESTOCK AND POULTRY CARCASSES, SEAFOOD, MEAT PRODUCTS, POULTRY PRODUCTS, AND SEAFOOD PRODUCTS- The Secretary shall require the review of all livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products offered for export to any foreign country to assure compliance with the examinations specified in sections 101, 102, and 103.

    (c) CERTIFICATES OF CONDITION- The Secretary shall choose officials to perform the examinations and reviews required by this section and to issue official certificates stating the condition in which such live livestock, poultry, and seafood, and such livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products are found. Three copies of each certificate shall be made and distributed as follows:

      (1) one copy shall be filed with the United States Department of Agriculture;

      (2) one copy shall be delivered to the person exporting the articles or products; and

      (3) one copy shall be delivered to the person in charge of the means of transportation through which the articles or products are exported.

    (d) DENIAL OF EXPORT- The following items shall not be exported to a foreign country unless the Secretary has waived the requirement for certificates of condition for that foreign country--

      (1) live livestock, poultry or seafood without a certificate of condition stating that the same are sound and healthy; and

      (2) livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products without a certificate of condition stating that the examination of the same complied with sections 101, 102, and 103.

Subtitle D--Miscellaneous

SEC. 141. TRANSITIONAL PERIOD.

    (a) DEADLINE TO DEVELOP AND IMPLEMENT WRITTEN PROCEDURES; ASSISTANCE DURING TRANSITION PERIOD- Each person subject to this Act shall implement any written procedure required by sections 101, 102, 103, and 104 that is applicable to its facility within three years of the effective date of this Act. The Secretary shall direct the Cooperative State Research, Education, and Extension Service to develop an extension program to assist persons and facilities which are small businesses to develop and implement the written procedures required under sections 101, 102, 103, and 104.

    (b) APPLICATION OF CURRENT LAW- During the period specified in subsection (a), the provisions of 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.), as in effect on the day before the effective date of this Act, shall be applicable to any person subject to this Act until such time as the person has implemented all of the written procedures required by sections 101, 102, 103, and 104 that are applicable to the facilities of the person.

    (c) PROHIBITION OF SLAUGHTERING AND PROCESSING ACTIVITY- The Secretary may prohibit any person who fails, within the period specified in subsection (a), to implement any written procedure required by sections 101, 102, 103, and 104 that is applicable to the facilities of the person from engaging in the slaughtering or processing of livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products until such time as the person has developed and implemented the required written procedures.

SEC. 142. RULEMAKING.

    The Secretary shall promulgate such rules and regulations as may be necessary for the efficient execution of this title using the procedure set forth in section 523 of title 5, United States Code.

SEC. 143. APPEALS.

    (a) FINALITY OF SECRETARY’S DETERMINATION- Any determination by the Secretary under this Act shall be final and conclusive unless, within thirty days of written notice, the person to which the determination is applicable appeals that determination to the court of appeals for the circuit in which that person has its principal place of business by filing with the clerk of such court a petition asking that the Secretary’s determination be set aside or modified as specified in the petition. The court may require the petitioner to file a bond sufficient to pay the cost of the court proceedings.

    (b) FINALITY OF APPELLATE REVIEW- The court of appeals shall have exclusive jurisdiction to review and affirm, set aside, or modify the determination of the Secretary. The court’s decision shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, United States Code, if application is made for such writ within sixty days of the entry of the decree.

SEC. 144. SAFE MEAT, POULTRY, AND SEAFOOD INSPECTION ADVISORY PANEL.

    (a) ESTABLISHMENT- There is established in the Department of Agriculture a permanent advisory panel to be known as the ‘Safe Meat, Poultry, and Seafood Inspection Advisory Panel’.

    (b) DUTIES-

      (1) REVIEW AND EVALUATION- The Panel shall review and evaluate, as the Panel considers necessary, the adequacy, necessity, safety, cost-effectiveness, and scientific merit of--

        (A) inspection procedures of, and work rules and worker relations involving Federal employees employed in, plants inspected under this Act;

        (B) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this Act;

        (C) formal changes in inspection regulations promulgated under this Act, whether in notice, proposed, or final form; and

        (D) such other matters as may be referred to the Panel by the Secretary regarding the quality or effectiveness of a safe and cost-effective meat, poultry, and seafood inspection system under this Act.

      (2) REPORTS-

        (A) IN GENERAL- The Panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such recommendations as the Panel considers appropriate.

        (B) REPORTS ON FORMAL CHANGES- In the case of a report concerning a formal change in inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes.

        (C) PUBLICATION IN FEDERAL REGISTER- Each report of the Panel to the Secretary shall be published in the Federal Register.

    (c) SECRETARIAL RESPONSE- Not later than 90 days after the publication of a Panel report under subsection (b)(2)(C), the Secretary shall publish in the Federal Register any response required of the Secretary to the report.

    (d) COMPOSITION OF PANEL- The Panel shall be composed of 7 members, not fewer than 5 of whom shall be from the food science, meat science, poultry science, or seafood science profession, appointed to staggered terms not to exceed 3 years by the Secretary from nominations received from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the professional qualifications of the nominees.

    (e) NOMINATIONS-

      (1) INITIAL PANEL- The members of the Safe Meat and Poultry Inspection Panel established under section 410 of the Federal Meat Inspection Act, as in effect on the day before the effective date of this Act, shall constitute the initial Panel.

      (2) VACANCIES- Any subsequent vacancy on the Panel shall be filled by the Secretary after soliciting 2 nominees from the National Institutes of Health and 2 nominees from the Federation of American Societies of Food Animal Science.

      (3) REQUIREMENTS FOR NOMINEES-

        (A) IN GENERAL- Each nominee provided under paragraph (2) shall have a background in public health issues and a scientific expertise in food, meat, or poultry science or in veterinary science.

        (B) SUBMISSION OF INFORMATION- The Secretary may require nominees to submit such information as the Secretary considers necessary prior to completing the selection process.

      (4) ADDITIONAL NOMINEES- If any list of nominees provided under paragraph (2) is unsatisfactory to the Secretary, the Secretary may request the nominating entities to submit an additional list of nominees.

    (f) TRAVEL EXPENSES- While away from the home or regular place of business of a member of the Panel in the performance of services for the Panel, the member shall be allowed travel expenses, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service would be allowed under section 5703 of title 5, United States Code.

    (g) CONFLICTS OF INTEREST- The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the Panel.

    (h) EXEMPTION- The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the Panel.

    (i) FUNDING- From funds available to the Secretary to carry out this Act, the Secretary shall ensure that sufficient sums are made available to the Panel to carry out its duties under this section. Funds made available to the Panel shall not be subject to funding limitations included in annual appropriations Acts enacted after the date of the enactment of this Act.

SEC. 145. BRIBERY OF OFFICERS, EMPLOYEES, OR OFFICIALS.

    (a) OFFERING BRIBES TO OFFICERS, EMPLOYEES, OR OFFICIALS- Any person who directly or indirectly gives, pays, or offers to give or pay to any officer or employee of the United States or other official chosen by the Secretary to perform any of the duties prescribed by this Act or the regulations made pursuant to this Act, anything of value, with intent to influence said officer, employee or official in the discharge of any duty prescribed by this Act or the regulations made pursuant to this Act, shall be guilty of the felony of bribery and, upon conviction, shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars or by imprisonment of not less than one year nor more than three years, or both.

    (b) OFFICERS, EMPLOYEES, OR OFFICIALS ACCEPTING BRIBES- Any officer or employee of the United States or other official chosen by the Secretary to perform any of the duties prescribed by this Act or the regulations made pursuant to this Act, who accepts anything of value from any person with the intent that such payment or gift would influence the performance or forbearance of any duty prescribed by this Act or the regulations made pursuant to this Act, shall be guilty of the felony of accepting bribes and, upon conviction, shall be summarily discharged from his or her duties under this Act and shall be punished further with a fine of not less than five thousand dollars nor more than ten thousand dollars or by imprisonment of not less than one year nor more than three years, or both.

SEC. 146. CONDITIONS FOR ENTRY.

    The Secretary may limit the entry of live livestock, poultry, or seafood, or livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products, or any other materials, into any facility subject to sections 102 or 103, or both, of this title to ensure that the entry of such articles or products is consistent with the purposes of this Act.

SEC. 147. PRE-SLAUGHTER IDENTIFICATION AND CONTROL.

    (a) IDENTIFICATION OF THE SOURCE OF LIVESTOCK, POULTRY, AND SEAFOOD- The Secretary may require persons involved in the production or marketing livestock, poultry, or seafood to provide such information as would enable the slaughterer to determine the source of such livestock, poultry, or seafood and, further, may require slaughterers to notify the person marketing or raising the livestock, poultry, or seafood of any disease or abnormality identified by the Secretary.

    (b) COORDINATION OF VOLUNTARY RISK-BASED PRODUCER PROGRAMS- The Secretary shall encourage the establishment of voluntary producer programs to identify significant risks to public health or safety, if any, posed by livestock, poultry, or seafood production practices and to address such risks using generally recognized scientific control procedures and corrective actions. In encouraging voluntary programs, the Secretary shall collaborate with the panel established under section 144 and shall, further,consult with appropriate Federal, State and local agencies as well as with academic and research institutions in order to coordinate their efforts with the voluntary efforts of private sector companies, organizations, and associations.

SEC. 148. MONITORING OF GROWING AREAS AND FISHING GROUNDS.

    (a) MONITORING SYSTEM- The Secretary of Agriculture, in consultation with appropriate Federal and state agencies, shall identify, classify, and monitor shellfish growing areas, seafood growing areas, and fishing grounds from which significant quantities of seafood are harvested within waters under Federal jurisdiction seaward of the inner boundary of the exclusive economic zone. Within such areas, the Secretary shall collect samples and other scientific information concerning potential hazards with a significant probability of rendering one or more species of

seafood and seafood products processed from such areas and grounds adulterated.

    (b) CLOSURE OF WATERS UNDER FEDERAL JURISDICTION-

      (1) CLOSURE UPON DETERMINATION OF ADULTERATION- If the Secretary determines, based on sampling or other scientific information, that one or more species of seafood or seafood products processed from seafood harvested from a specific area or ground is adulterated, the Secretary may prohibit or otherwise impose conditions on the harvesting of that seafood in a specific area of waters under Federal jurisdiction seaward of the inner boundary of the exclusive economic zone in order to assure public health and safety.

      (2) IMMEDIATE EFFECT OF CLOSURE- Any conditions or closure imposed by the Secretary and published in the Federal Register under authority provided by section 523 of title 5, United States Code, shall have immediate effect.

      (3) REVIEW AND DURATION OF CLOSURE- The Secretary shall review any conditions or closure imposed on a specific area of waters at least once every six months to determine whether seafood from those waters continues to be adulterated. The conditions or closure shall remain in effect until the Secretary determines that the source of adulteration no longer exists.

    (c) CLOSURE OF STATE WATERS-

      (1) GUIDELINES FOR CLOSURE OF STATE WATERS- The Secretary, in consultation with appropriate Federal and State agencies, shall develop guidelines to assist states in establishing procedures for closing waters under State jurisdiction.

      (2) STATE CLOSURE OF STATE WATERS- If the Secretary determines that one or more species of seafood or seafood products processed from seafood harvested in an area of State waters is adulterated, the Secretary shall immediately request the Governor of such State to close or otherwise restrict such area with respect to the harvesting of that species of seafood until the circumstances that led to the request no longer exist. The Secretary shall also notify the Secretary of Commerce and, if the species of seafood is a species of shellfish or other bivalve mollusk, the Chairman of the Interstate Shellfish Sanitation Conference of his or her request of the Governor.

      (3) FEDERAL CLOSURE OF STATE WATERS-

        (A) If a State has not closed the affected State waters within 15 days of the Secretary’s request, and the Secretary determines that a significant risk of adulteration continues, the Secretary shall request the Secretary of Commerce to close the affected area of State waters to the harvesting of the species identified, which area shall remained closed until the Secretary determines that the risk of adulteration no longer exists.

        (B) The Secretary may not determine that a significant risk of adulteration exists with respect to a species of shellfish or other bivalve mollusk until the Secretary has consulted with the Chairman of the Interstate Shellfish Sanitation Conference.

    (d) EXCLUSIVE ECONOMIC ZONE- The term ‘exclusive economic zone’ has the same meaning as that provided by section 3(6) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(6)).

SEC. 149. TRADE SECRET PROTECTION.

    No person shall reveal any information acquired under the authority of sections 101, 102, 103, 104, or 121 concerning any method or process that is a bona fide trade secret or confidential commercial information, except to the Secretary, another officer or employee of the United States, an official chosen by the Secretary, or to a judge when relevant to any administrative or judicial proceeding brought under this Act.

TITLE II--RELATED INDUSTRIES

SEC. 201. PROHIBITION OF TITLE I INSPECTION OF ARTICLES NOT INTENDED FOR USE AS HUMAN FOOD; DENATURATION OR OTHER IDENTIFICATION PRIOR TO DISTRIBUTION IN COMMERCE; INEDIBLE ARTICLES.

    Inspection shall not be provided under title I at any facility for the slaughter of livestock, poultry, or seafood, or the preparation of any livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products, that are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in commerce, unless naturally inedible by humans, must be denatured or identified in a manner that will deter their use for human food. No person shall buy, sell, market, store, transport, or import, any livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products, that are not intended for use as human food unless they are denatured or otherwise identified as inedible by humans.

SEC. 202. RECORD KEEPING REQUIREMENTS.

    (a) PERSONS REQUIRED TO KEEP RECORDS; ACCESS AND EXAMINATION OF RECORDS- The following persons shall keep such records as will fully and correctly disclose all transactions involved in their businesses and shall, at all reasonable times and upon notice by the Secretary, afford any duly appointed representative of the Secretary access to their places of business, an opportunity to examine the facilities, inventory, and records, and to remove reasonable samples of inventory upon payment of its fair market value:

      (1) Any person that engages in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging, labeling, or storing any livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products for use as human food or animal food. However, this section shall not supersede or otherwise impact on the records or documents prepared by virtue of the written procedures established under sections 101, 102, 103, and 104.

      (2) Any person, such as a broker or wholesaler, that engages in the business of buying, selling, transporting, or importing any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product.

      (3) Any person, such as a renderer, that engages in the business of buying, selling, transporting, or importing any dead, dying, disabled, or diseased livestock or poultry, or the carcasses or portions of carcasses of livestock or poultry that died otherwise than by slaughter.

    (b) TIME PERIOD- Any record required by this section shall be maintained for such period of time as the Secretary may prescribe by regulation.

SEC. 203. REGISTRATION OF PERSON, PLACE OF BUSINESS, AND TRADE NAME.

    No person, such as a broker, renderer, animal food manufacturer, wholesaler, or public warehouseman shall engage in the business of buying, selling, marketing, storing, transporting, or importing any livestock or poultry carcasses, seafood, meat products, poultry products, or seafood products, or the business of buying, selling, marketing, storing, transporting, or importing any dead, dying, disabled, or diseased livestock, poultry, or seafood or the carcasses or parts of the carcasses of any such livestock, poultry, or seafood that died otherwise than by slaughter, unless that person has registered with the Secretary the name and address of each place of business at which, and all of the trade names under which, it conducts its business.

SEC. 204. REGULATION OF TRANSACTIONS, TRANSPORTATION, OR IMPORTATION OF CERTAIN LIVESTOCK, POULTRY, OR SEAFOOD TO ITS USE AS HUMAN FOOD.

    No person shall engage in the business of buying, selling, marketing, storing, transporting, or importing dead, dying, disabled, or diseased livestock, poultry, or seafood or the carcasses or parts of the carcasses of any such livestock, poultry, or seafood that died otherwise than by slaughter, shall buy, sell, transport, unless such transaction is made in accordance with such regulations as the Secretary may prescribe to assure that such livestock, poultry, or seafood, or the unwholesome parts of products thereof, will be prevented from being used for human food purposes.

SEC. 205. APPLICABILITY TO STATE AND TERRITORIAL BUSINESSES NOT ENGAGED IN INTERSTATE COMMERCE.

    The Secretary may exercise the authority contained in this title with respect to any person in any State or Territory engaged in any business described in section 202, but not engaged in interstate commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee described in section 301, that the State or Territory regulating that person either does not have authority under its laws or is not exercising the authority it has under its laws to regulate that person in a manner which effectuates the purposes of this Act. The authority under such a State or Territorial law must at least be equal to that provided under this title.

TITLE III--FEDERAL AND STATE COOPERATION

SEC. 301. FEDERAL AND STATE COOPERATION.

    (a) CONGRESSIONAL POLICY- It is the policy of the Congress to protect the consuming public from livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products that are adulterated or misbranded and to assist in any efforts by State and other government agencies to accomplish this objective. In furtherance of this policy:

      (1) The Secretary is authorized, whenever he or she determines that it would effectuate the purposes of this Act, to cooperate with the appropriate State agency in developing and administering a State meat, poultry, or seafood inspection program in any State that has enacted a State meat, poultry or seafood inspection law that imposes mandatory ante-mortem examination, post-mortem examination, and sanitation requirements that are at least equal to those under title I of this Act, with respect to persons engaged in the State in slaughtering of livestock, poultry, or seafood, or preparing the carcasses, parts thereof, meat products, poultry products, or seafood products of any such livestock, poultry, or seafood for use as human food.

      (2) The Secretary is further authorized, whenever the Secretary determines that it would effectuate the purposes of this Act--

        (A) to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in title II; and

        (B) to cooperate with other agencies of the United States in carrying out any provisions of this Act.

      (3) Cooperation with State agencies under this section shall include furnishing to the appropriate State agency--

        (A) advisory assistance in planning and otherwise developing an adequate State program under the State law and provide for a fully operational Federal-State relations office staffed in proportion to the size of Federal State program; and

        (B) technical and laboratory assistance and training, the total cost to be borne by the United States (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program, and consulting with State officials regarding the development and implementation of regulatory requirements. The amount to be contributed to any State by the Secretary under this section, except as provided in subparagraph (B), from Federal funds for any year shall not exceed 50 percent of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under paragraph (4), deems adequate to effectuate the purposes of this section. The Secretary shall inform the States of program changes within a reasonable period of time.

      (4) The Secretary shall appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to meat and poultry inspection and other matters within the scope of this Act, including evaluating State programs for purposes of this Act and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers.

      (5) In addition to appointing officials as provided in this Act the Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct examinations and investigations authorized under this Act, as the Secretary determines practicable.

    (b) STATE AGENCY- The appropriate State agency with which the Secretary may cooperate under this Act shall be a single agency in the State that is primarily responsible for the coordination of the State programs having objectives similar to those under this Act. When the State programs include performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section.

    (c) DESIGNATION OF A STATE WITHOUT INSPECTION REQUIREMENTS AT LEAST EQUAL TO FEDERAL INSPECTION REQUIREMENTS-

      (1) If, at the end of two years following the enactment of this Act, the Secretary has reason to believe that a State has failed to develop or is not enforcing meat, poultry, and seafood inspection requirements at least equal to those imposed under titles I and IV, with respect to all facilities within its jurisdiction that are slaughtering or processing livestock, poultry, or seafood, their carcasses, or parts or products thereof, for use as human food, the Secretary shall promptly notify the Governor of the State of this fact.

        (A) If the Secretary determines after consultation with the Governor of the State, or representative selected by him or her, that such requirements have not been developed and activated, the Secretary shall promptly, after the expiration of such two year period, designate such State as one in which the provisions of titles I and IV shall apply to operations and transactions wholly within such State.

        (B) If the Secretary has reason to believe that the State will activate such requirements within one additional year, he or she may delay such designation for said period, and not designate the State, if the Secretary believes that, by the end of that year, the State will have such requirements in effective operation.

        (C) The Secretary shall publish any such designation in the Federal Register and, upon the expiration of 30 days after such publication, the provisions of titles I and IV shall apply to operations and transactions of persons engaged in such businesses in that State to the same extent and in the same manner as if such operations and transactions were conducted in interstate commerce.

        (D) Upon request of the Governor, the Secretary shall revoke such designation if the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under title I and title IV.

        (E) Notwithstanding any other provision of this section, if the Secretary determines that any person within a State is producing for intrastate distribution adulterated meat products, poultry products, or seafood products that would clearly endanger the public health, the Secretary shall notify the Governor of the State and the appropriate Advisory Committee described in section 301 of such fact for effective action under State or local law. If the State does not take action within a reasonable time to end this endangerment to public health, the Secretary may immediately designate the facility of such person as subject to the provisions of titles I and IV of the Act, and that facility shall be subject to those provisions as though engaged in interstate commerce until such time as the Secretary determines that such State has developed and will enforce inspection requirements at least equal to those imposed under titles I and IV.

      (2) Whenever the Secretary determines that any State designated under this subsection has developed and will enforce State meat, poultry, and seafood inspection requirements at least equal to those imposed under titles I and IV, with respect to all establishments within its jurisdiction that do not operate under Federal inspection under title I and at which any livestock, poultry, or seafood are slaughtered, or livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products are processed or distributed for use as human food, the Secretary shall terminate the designation of that State. Such termination shall not preclude the subsequent redesignation of that State following publication of that redesignation in the Federal Register and 30 days notice to its Governor.

      (3) The Secretary shall periodically review the meat, poultry, and seafood inspection requirements of the States not designated under this subsection. In the annual report required under section 604, the Secretary shall include the results of the review and comment on whether these State requirements are at least equal to the Federal inspection requirements under titles I and IV.

    (d) INTERSTATE DISTRIBUTION OF STATE-INSPECTED MEAT, POULTRY AND SEAFOOD PRODUCTS-

      (1) Livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products inspected under any State meat, poultry, and seafood inspection law (other than a State designated under subsection (c)) whose requirements the Secretary has verified as being at least equal to the

substantive Federal inspection requirements of title I, shall be eligible for distribution in interstate commerce and for use in the preparation of products in establishments at which Federal inspection is maintained under title I.

        (A) The Secretary is authorized to perform random inspections at the facilities of persons operating under any State meat, poultry, and seafood inspection law to insure that the state inspection requirements employed in that facility are at least equal to the substantive Federal inspection requirements of title I.

        (B) The Secretary may utilize Federal personnel, or may cooperate with the appropriate State agency under this Act to train and utilize State personnel, to perform any random inspections authorized by this paragraph.

        (C) In the event that a random inspection performed under this paragraph discloses that a state-inspected facility is not employing inspection requirements at least equal to the substantive Federal inspection requirements under title I, the Secretary may restrict the products produced by that facility to intrastate distribution until a subsequent inspection verifies that the facility has re-established inspection requirements at least equal to the substantive Federal inspection requirements under title I.

      (2) Livestock and poultry carcasses, seafood, meat products, poultry products, or seafood products that are inspected pursuant to a State law (other than a State designated under subsection (c)), shall bear the official inspection mark of the State which performed those inspection services.

      (3) A person may transfer between Federal inspection under title I and a State meat, poultry, and seafood inspection program whose requirements are at least equal to Federal inspection under title I on October 1st of any year upon 60 days written notice to the Secretary.

TITLE IV--AUXILIARY PROVISIONS

SEC. 401. INSPECTION SERVICES.

    (a) WITHDRAWAL OF INSPECTION SERVICES FOR CAUSE- The Secretary may (for such period, or indefinitely, as he or she deems necessary to effectuate the purposes of this Act) refuse to provide, or withdraw, inspection under title I with respect to the facility of any person if he or she determines, after an opportunity for a hearing is accorded to the applicant for or recipient of inspection, that such applicant or recipient is unfit to engage in any business requiring inspection under title I because the applicant or recipient, or anyone responsibly connected to the applicant or recipient has been convicted, in any Federal or State Court, of--

      (1) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food, or upon fraud in connection with transactions in food, or

      (2) any felony.

    (b) ADMINISTRATIVE REQUEST FOR TEMPORARY COURT ORDER; DURATION; ADMINISTRATIVE ORDER-

      (1) At the sentencing of any individual responsibly connected with any business requiring inspection under title I and who is convicted of a felony involving--

        (A) the intentional adulteration of food (except as defined in section 2(c)(1)(L));

        (B) the adulteration of food, as defined in section 2(c)(1)(L), with intent to defraud;

        (C) bribery; or

        (D) extortion;

      the Secretary may request the sentencing court to issue a temporary order forbidding such individual to exercise operational control of, or to be physically present at, any facility requiring inspection under title I if the court finds that the exercise of operational control by, or the presence of such individual at any such facility, either poses a direct and substantial threat to the public health or safety or, if such individual is convicted of a felony described in subparagraph (B), poses a clear likelihood of significant economic harm to consumers.

      (2) If issued, such temporary court order shall terminate--

        (A) whenever the Secretary determines by administrative order, after a hearing on the record, whether such individual should exercise operational control of, or be physically present at, any facility requiring inspection under title I, and judicial review, if any, of such determination is completed; or

        (B) 90 days after the issuance of such temporary order by the court if the Secretary does not commence such hearing before the expiration of such 90 days, whichever occurs earlier.

    (c) CONCLUSIVENESS OF ADMINISTRATIVE ORDER- Any determination and order of the Secretary issued under subsection (a) or (b)(2) shall be conclusive and enforceable unless the affected applicant for or recipient of inspection or the affected individual files, not later than 30 days after the effective date of such order, a petition for review of such order in the United States Court of Appeals for the District of Columbia Circuit or the United States Court of Appeals for the circuit in which the relevant facility is doing business. Judicial review of such order shall be on the record on which the determination and order are based.

    (d) JUDICIAL REMEDIES; WITHDRAWAL OF INSPECTION SERVICES; REMOVAL OF INDIVIDUAL FROM CONTROL-

      (1) Subject to paragraph (3), the Secretary may commence a civil action in an appropriate court, as provided in section 404, to withdraw inspection under title I with respect to any facility or to prevent any individual responsibly connected with any business requiring inspection under title I from exercising operational control of, or being present at, any facility requiring inspection under title I.

      (2) If the court finds, on the basis of clear and convincing evidence, that the recipient of inspection or such individual has repeatedly failed to comply with the requirements of this Act, or the rules and

regulations issued under this Act, in a manner that poses a direct and substantial threat to the public health or safety, the court shall issue an order--

        (A) withdrawing inspection at such facility; or

        (B) forbidding such individual to exercise operational control of, or to be physically present at, such facility, for such period as the court determines is necessary to carry out the purposes of this Act.

      (3) Not less than 90 days, and not more than 450 days, before commencing a civil action under paragraph (1), the Secretary shall provide to each recipient of inspection, and each individual responsibly connected with the business, with respect to which such action is commenced, a written notice that includes--

        (A) a statement that the Secretary intends to commence such action;

        (B) a comprehensive description of the violations of this Act and the regulations issued under this Act alleged by the Secretary; and

        (C) a description of the actions the Secretary considers necessary to be taken by such recipient or such individual to comply with this Act and to eliminate the need to commence such civil action.

    (e) TEMPORARY WITHDRAWAL OF INSPECTION SERVICES-

      (1) The Secretary may temporarily withdraw inspection under title I with respect to any facility for such period as is necessary to ensure the safe and effective performance of official duties under this Act if the Secretary determines, after an opportunity for a hearing on the record, that an officer, employee, or agent of such facility--

        (A) threatened to forcibly assault;

        (B) forcibly assaulted;

        (C) forcibly intimidated; or

        (D) forcibly interfered with, an employee of the United States engaged in, or on account of, the performance of any such official duties.

      (2)(A) Notwithstanding paragraph (1), the Secretary may temporarily suspend inspection under title I with respect to any facility, pending an expedited administrative hearing on the record and judicial review of the order of the Secretary based on such record, if the Secretary determines that temporary suspension of such inspection is necessary for the safety of any employee who performs official duties under this Act.

        (B) If the Secretary receives, before or after temporarily suspending such inspection in accordance with subparagraph (A), adequate written assurances from the recipient of the inspection, or the individuals involved, that the conduct or circumstances that threatened the safety of such employee will not continue or recur, the Secretary may continue or restore such inspection on condition that such assurances are fulfilled.

    (f) NO IMPACT ON OTHER REMEDIES- This section shall not affect in any way other provisions of this Act for the withdrawal of inspection under title I.

    (g) DEFINITION OF ‘RESPONSIBLY CONNECTED WITH THE BUSINESS’- For the purposes of this section, a person shall be deemed to be responsibly connected with the business if he or she is a partner, officer, director, holder, or owner of 10 percent or more of its voting stock, or an employee in a managerial or executive capacity.

    (h) JUDICIAL REVIEW OF ADMINISTRATIVE ORDER- Except as provided in subsection (e)(2), the determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the applicant for, or recipient of, files an application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in subsection (e). Judicial review of any such order shall be upon the record upon which the determination and order are based.

SEC. 402. ADMINISTRATIVE DETENTION AND RELEASE OF CARCASSES, MEAT PRODUCTS, POULTRY PRODUCTS, AND SEAFOOD PRODUCTS.

    Whenever any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product, or any dead, dying, disabled, or diseased livestock, poultry, or seafood is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution, in commerce, or otherwise subject to title I or II, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of title I or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 403 or notification of any Federal, State, or other governmental authorities having jurisdiction over such article, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.

SEC. 403. SEIZURE AND CONDEMNATION.

    (a) PROCEDURE- Any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product, or any dead, dying, disabled, or diseased livestock, poultry, or seafood that is being transported in interstate commerce or otherwise subject to title I or II, or is held for sale in the United States after such transportation, and that--

      (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this Act,

      (2) is capable of use as human food and is adulterated or misbranded, or

      (3) in any other way is in violation of this Act, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other

proper court as provided in section 404 within the jurisdiction of which the article or animal is found.

    If the article is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article shall not be sold contrary to the provisions of this Act, or the laws of the jurisdiction in which it is sold. Upon the execution and delivery of a good and sufficient bond conditioned that the article shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of the jurisdiction in which disposal is made, the court may direct that such article be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article. The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury or any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States.

    (b) IMPACT ON OTHER PROVISIONS- The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Act, or other laws.

SEC. 404. FEDERAL JURISDICTION.

    The United States District Courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other Territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this Act, and shall have jurisdiction in all other cases arising under this Act, except as provided in section 401(e).

SEC. 405. CRIMINAL ACTS AGAINST INSPECTION OFFICIALS.

    Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this Act shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code.

SEC. 406. VIOLATIONS.

    (a) CRIMINAL PENALTIES- Any person who violates any provisions of this Act for which no other criminal penalty is provided by this Act shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 2(c)(1)(L)), such person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both. No person shall be subject to penalties under this section for receiving for transportation any article in violation of this Act if such receipt was made in good faith, unless such person refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he or she received such article and copies of all documents, if any there be, pertaining to the delivery of the articles to him or her.

    (b) MINOR VIOLATIONS- Nothing in this Act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this Act whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning. In determining whether the public interest could be adequately served by a written notice of warning, the Secretary shall take into account, among other factors--

      (1) the compliance history of such facility;

      (2) the magnitude of the violation;

      (3) whether compliance with this Act would likely be obtained as a result of such notice; and

      (4) whether such violation is of a minor or technical nature.

    (c) NOTICE OF REFERRAL OF CRIMINAL VIOLATION- Unless the Secretary by regulation provides otherwise, before any violation of this Act is reported by the Secretary for prosecution in a criminal proceeding, the Secretary shall give the person alleged to have committed such violation--

      (1) reasonable notice that the Secretary intends to report such violation for prosecution; and

      (2) an opportunity to present to the Secretary, orally or in writing, views with respect to such proceeding.

    (d) CIVIL PENALTIES- In lieu of proceeding under subsection (a) above any person who violates this Act or any regulations issued thereunder may be liable to the United States for a civil penalty in an amount not to exceed $10,000. A civil penalty under this paragraph may be assessed by the Secretary of Agriculture in the case of violations arising under section 110, and by the Secretary in the case of violations arising under other provisions of this Act, by an order made on the record after opportunity for a hearing provided in accordance with this paragraph and section 554 of title 5, United States Code. Before issuing such an order, the Secretary shall give written notice to the person to be assessed a civil penalty of the Secretary’s proposal to issue such order and provide such person an opportunity for a hearing. In determining the amount of any civil penalty, such Secretary shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and other matters as justice may require. The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this paragraph. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.

SEC. 407. OTHER FEDERAL LAWS APPLICABLE TO ADMINISTRATION AND ENFORCEMENT OF ACT.

    For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled ‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,’ approved September 26, 1914 (38 Stat. 721 09723, as amended: 15 U.S.C. 46, 48, 49, and 50) (except subsections (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of subsection 409(1) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary, in person or by such agents as he or she may designate, may prosecute any inquiry necessary to his or her duties under this Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Act of September 26, 1914, as amended, on the district courts of the United States may be exercised for the purposes of this Act by any court designated in section 404.

SEC. 408. STATE JURISDICTION OVER FEDERALLY REGULATED MATTERS.

    (a) INSPECTION- Requirements within the scope of this Act with respect to premises, facilities, and operations of any establishment at which inspection is provided under title I, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia. However, any such jurisdiction may impose record keeping and other requirements within the scope of section 202, if consistent with such section, with respect to any such establishment.

    (b) MARKING, LABELING, AND PACKAGING-

      (1) Marking, labeling, packaging, or ingredient requirements in addition to or different than those made under this Act may not be imposed by any State or Territory or District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of title I or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 301(d).

      (2) A State or Territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to the Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements under this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States.

    (c) CONSISTENT STATE ACTION PERMITTED- This Act shall not preclude any State or Territory or the District of Columbia from imposing a requirement or taking other actions, consistent with this Act, with respect to any other matters regulated under this Act.

SEC. 409. FEDERAL FOOD, DRUG, AND COSMETIC ACT APPLICATIONS.

    (a) CONSISTENCY WITH FFDCA- Notwithstanding any other provisions of law, including section 902(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of this Act.

    (b) DETAINER AUTHORITY FOR ARTICLES OUTSIDE OF INSPECTED FACILITY- The detainer authority conferred by section 402 shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any livestock or poultry carcass, seafood, meat product, poultry product, or seafood product, that is outside any premises at which inspection is being maintained under this Act, and for such purposes the first reference to the Secretary in section 402 shall be deemed to refer to the Secretary of Health and Human Services.

TITLE V--PUBLIC EDUCATION

SEC. 501. EDUCATION.

    The Secretary shall, in cooperation with the State departments of agriculture, slaughterers, processors, universities, producers, cooperative extension services, other appropriate State entities, and other interested parties design and implement a national public education program on meat, poultry, and seafood products. The program shall provide, but is not limited to--

      (1) information to the public regarding Federal good practice requirements and promotion of public awareness, understanding, and acceptance of such requirements;

      (2) advice to individuals involved in recreational and subsistence fisheries concerning the health hazards associated with the seafood they may harvest and the precautions they should take to safeguard themselves and others from those hazards;

      (3) information to consumers regarding appropriate handling and preparation of meat, poultry, and seafood products, as well as information for producers, processors, and food service handlers;

      (4) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this Act; and

      (5) new technologies, such as irradiation, to produce a safer food supply.

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. RESEARCH.

    The Secretary of Agriculture may conduct research to assist the implementation of this Act, including studies to--

      (1) improve sanitation and safety practices in the processing of meat, poultry, and seafood products;

      (2) develop improved techniques for the monitoring and inspection of meat, poultry, and seafood products;

      (3) develop efficient, rapid, and sensitive methods for determining and detecting the presence of contaminants in livestock, poultry, or seafood and in meat, poultry, and seafood products;

      (4) determine the sources of contamination of livestock, poultry, or seafood, and meat, poultry, or seafood products with contaminants;

      (5) develop consumption data with respect to meat, poultry, and seafood products; and

      (6) develop epidemiological and ecological data that will identify risk factors, diagnostic procedures, critical control points, and intervention strategies for pre-slaughter assurance programs.

SEC. 602. COST OF INSPECTION; OVERTIME.

    The cost of inspection rendered under the requirements of this Act, shall be borne by the United States, except that the cost of overtime and holiday work performed in establishments subject to the provisions of this Act at such rates as the Secretary may determine shall be borne by such establishments. Sums received by the Secretary in reimbursement for sums paid out by him for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 604. REPORTS TO CONGRESS.

    The Secretary shall annually report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to the slaughter of livestock, poultry, and seafood subject to this Act, and the preparation, storage, handling, and distribution of livestock and poultry carcasses, seafood, meat products, poultry products, and seafood products and inspection of establishments operated in connection therewith, including the status and effectiveness of inspection operations under this Act.

TITLE VII--REPEAL OF SUPERSEDED LAWS

SEC. 701. POULTRY PRODUCTS INSPECTION ACT.

    The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is repealed.

SEC. 702. FEDERAL MEAT INSPECTION ACT.

    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is repealed.

SEC. 703. RELATED LAWS.

    (a) REPORTS UNDER THE WHOLESOME MEAT ACT- Section 17 of the Wholesome Meat Act (21 U.S.C. 691) is repealed.

    (b) INSPECTION OF REINDEER- The proviso in the paragraph entitled ‘MEAT INSPECTION, BUREAU OF ANIMAL INDUSTRY’ under the heading ‘BUREAU OF ANIMAL INDUSTRY’ in the Act of June 30, 1914 (21 U.S.C. 692), is repealed.

    (c) INSPECTION OF DAIRY PRODUCTS FOR EXPORT- The first proviso in the third paragraph under the heading ‘BUREAU OF ANIMAL INDUSTRY’ in the Act of May 23, 1908 (21 U.S.C. 693), is repealed.

    (d) PAYMENT OF COST OF MEAT INSPECTION SERVICES- The Act entitled ‘An Act relating to the meat-inspection service of the Department of Agriculture’, approved June 8, 1948 (21 U.S.C. 695), is repealed.

SEC. 704. CONFORMING AMENDMENTS.

    (a) FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990- The Food, Agriculture, Conservation, and Trade Act of 1990 is amended--

      (1) in section 1327(a) (7 U.S.C. 138f(a)), by striking ‘, the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.)’ and inserting ‘or

the Meat, Poultry, and Seafood Inspection Reform Act of 1996’; and

      (2) in section 2120(f) (7 U.S.C. 6519(f))--

        (A) by striking ‘the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.),’ and inserting ‘the Meat, Poultry, and Seafood Inspection Reform Act of 1996’; and

        (B) by striking ‘meat, poultry and egg products’ and inserting ‘meat, poultry, seafood, and egg products’.

    (b) CONSUMER PRODUCT SAFETY ACT- Section 3(a)(1)(I) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(I)) is amended by striking ‘poultry and poultry products (as defined in sections 4 (e) and (f) of the Poultry Products Inspection Act), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act),’ and inserting ‘livestock, poultry, seafood, and their products regulated under the Meat, Poultry, and Seafood Inspection Reform Act of 1996’.

    (c) TOXIC SUBSTANCES CONTROL ACT- Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended by striking ‘poultry and poultry products (as defined in sections 4(e) and 4(f) of the Poultry Products Inspection Act), meat and meat food products (as defined in section 1(j) of the Federal Meat Inspection Act),’ and inserting ‘livestock, poultry, seafood, and their products regulated under the Meat, Poultry, and Seafood Inspection Reform Act of 1996’.

    (d) ENDANGERED SPECIES ACT OF 1973- Section 11(h) of the Endangered Species Act of 1973 (16 U.S.C. 1540(h)) is amended by striking ‘, and 612-614)’ and inserting ‘), section 132 of the Meat, Poultry, and Seafood Inspection Reform Act of 1996,’.

    (e) VIRUSES, SERUMS, TOXINS, AND ANALOGOUS PRODUCTS- The eighth paragraph of the matter under the heading ‘BUREAU OF ANIMAL INDUSTRY’ of the Act of March 4, 1913 (21 U.S.C. 159), is amended--

      (1) by striking ‘the Federal Meat Inspection Act (21 U.S.C. 672, 673, and 674)’ and inserting ‘the Meat, Poultry, and Seafood Inspection Reform Act of 1996’; and

      (2) by striking ‘(21 U.S.C. 675)’.

    (f) FEDERAL FOOD, DRUG, AND COSMETIC ACT- The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended--

      (1) in section 201(s)(4) (21 U.S.C. 321(s)(4)), by striking ‘the Poultry Products Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71 and the following)’ and inserting ‘the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as in effect before the date of the enactment of the Meat, Poultry, and Seafood Inspection Reform Act of 1996’; and

      (2) in section 902 (21 U.S.C. 392(a)), by striking subsection (b) and inserting the following new subsection:

    ‘(b) Livestock, poultry, seafood, and their products regulated under the Meat, Poultry, and Seafood Inspection Reform Act of 1996 shall be exempt from the provisions of this Act.’.

TITLE VIII--EFFECTIVE DATE

SEC. 801. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act.