,,ii #aacth ,,congress #ast ,session ,s4 #aejb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ab1 #bjac ,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to require the ,secretary of ,agriculture to protect against foodborne illnesses1 provide enhanced notification of recalled meat1 poultry1 eggs1 and related food products1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safe ,meat and ,poultry ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings2 purposes4 ,,title ,i--,safe meat and poultry ,sec4 #aja4 ,definition of adulterated4 ,,title ,,ii--,food safety ,sec4 #bja4 ,food safety4 ,sec4 #bjb4 ,good commercial practices in receiving and processing live poultry4 ,,title ,,iii--,research and education ,sec4 #cja4 ,definition of ,secretary4 ,sec4 #cjb4 ,public health assessment system4 ,sec4 #cjc4 ,public education and advisory system4 ,sec4 #cjd4 ,research4 ,,title ,,iv--,criminal penalties and other provisions ,sec4 #dja4 ,criminal penalties4 ,sec4 #djb4 ,ongoing assessment of occupational health4 ,sec4 #djc4 ,reports and evaluation of implementation4 ,sec4 #djd4 ,authorization of appropriations4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 the safety of the food supply of the ,united ,states is vital to the public health1 public confidence in the food supply1 and the success of the food sector of the economy of the ,united ,states2 7#b7 lapses in the protection of the food supply and the loss of public confidence that results from foodborne illness outbreaks and food recalls are damaging to consumers and the food industry1 and place a burden on interstate commerce and international trade2 7#c7 the ,food ,safety and ,inspection ,service of the ,department of ,agriculture has jurisdiction over meat1 poultry1 and egg products2 7#d7 7,a7 events recent to the date of enactment of this ,act demonstrate that the food safety system administered by the ,food ,safety and ,inspection ,service is not effective in controlling risk in regulated food2 and 7,b7 these events have adversely affected consumer confidence2 7#e7 new and emerging pathogens such as antibiotic-resistant ,salmonella1 and enterohemorrhagic 7,,ehec7 ,shiga toxin-producing serotypes of ,escherichia coli 7,e4 coli7 place an increasing number of people at high risk for foodborne illness2 7#f7 several court decisions1 relying on outdated understandings of the risks and nature of microbiological contaminants1 have issued rulings that impose barriers to reasonable efforts by the ,food ,safety and ,inspection ,service to prevent foodborne illness2 7#g7 ,federal food safety standard setting1 inspection1 enforcement1 and research efforts should be based on the best available science and public health considerations1 and food safety resources should be deployed in ways that most effectively prevent foodborne illness2 7#h7 the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 was first enacted in #aijg1 the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq47 was first enacted in #aieg1 and the last substantial amendment to those laws occurred #dd years before the date of enactment of this ,act2 7#i7 ,congress passed the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fija et seq471 establishing the office of the ,under ,secretary of ,agriculture for ,food ,safety in order to centralize and modernize the food safety system at the ,department of ,agriculture2 and 7#aj7 improving ,federal oversight of food safety requires a modern food safety mandate and clear authorities to effectively protect the public from foodborne diseases associated with the products that the ,food ,safety and ,inspection ,service regulates4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to establish an effective1 preventive food safety system administered by the ,food ,safety and ,inspection ,service-- 7,a7 to regulate food safety and labeling to strengthen the protection of the public health2 7,b7 to focus new attention on pathogens of public health significance1 such as ,,ehec1 including ,shiga toxin-producing ,e4 coli 7,,stec71 and ,salmonella strains1 including strains that are antibiotic resistant2 and 7,c7 to participate with the ,food and ,drug ,administration in an integrated1 systemwide approach to food safety and to make more effective and efficient use of resources to prevent foodborne illness2 7#b7 to modernize and strengthen the ,federal food safety system to ensure more effective application and efficient management of the laws for the protection and improvement of public health2 and 7#c7 to establish that food establishments have responsibility to ensure that all stages of production1 processing1 and distribution of the products of the food establishments1 or under the control of the food establishments1 satisfy the requirements of this ,act4 ,i ,safe meat and poultry #aja4 ,definition of adulterated 7a7 ,meat and meat food products ,section #a7m7 of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja7m77 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aj7 if it bears or contains a pathogen or contaminant associated with serious illness or death4 4 7b7 ,poultry and poultry products ,section #d7;g7 of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec7;g77 is amended-- 7#a7 in paragraph 7#g71 by striking or at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#i7 if it bears or contains a pathogen or contaminant associated with serious illness or death4 4 7c7 ,eggs and egg products ,section #d7;a7 of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc7;a77 is amended-- 7#a7 in paragraph 7#g71 by striking or at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#i7 if it bears or contains a pathogen or contaminant associated with serious illness or death4 4 ,,ii ,food safety #bja4 ,food safety 7a7 ,in general ,subtitle ,g of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiha et seq47 is amended-- 7#a7 by inserting after the subtitle heading the following3 ,i ,administration 2 and 7#b7 by adding at the end the following3 ,,ii ,food safety #bfc4 ,definitions ,in this part3 7#a7 ,adulterated 7,a7 ,in general ,the term adulterated has the meaning given the term in-- 7i7 in the case of poultry or a poultry product1 section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec72 7ii7 in the case of meat or a meat food product1 section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja72 and 7iii7 in the case of an egg or egg product1 section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc74 7,b7 ,inclusion ,the term adulterated includes bearing or containing a contaminant that has the potential to cause illness or death among sensitive populations4 7#b7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#c7 ,contaminant ,the term contaminant includes a biological1 chemical1 physical1 or radiological food safety hazard that when found on or in food can cause human illness1 injury1 or death4 7#d7 ,contamination ,the term contamination refers to the presence of a contaminant in food4 7#e7 ,food ,the term food means-- 7,a7 a meat or a meat food product 7within the meaning of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq4772 7,b7 an egg or egg product 7as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc772 or 7,c7 a poultry or poultry product 7as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec774 7#f7 ,food establishment 7,a7 ,in general ,the term food establishment means a slaughterhouse1 factory1 warehouse1 or facility owned or operated by a person located in any ,state that processes food or a facility that holds1 stores1 or transports food or food ingredients4 7,b7 ,exclusions ,the term food establishment does not include a farm1 restaurant1 other retail food establishment1 or nonprofit food establishment in which food is prepared for or served directly to the consumer4 7#g7 ,food safety law ,the term food safety law means-- 7,a7 the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq472 7,b7 the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq472 7,c7 the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajca et seq472 7,d7 the provisions of ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aija et seq47 administered by the ,food ,safety and ,inspection ,service2 7,e7 this part2 and 7,f7 such other provisions of law relating to and requiring food safety1 labeling1 inspection1 and enforcement as the ,president designates by ,executive order as appropriate to include within the jurisdiction of the ,secretary4 7#h7 ,foreign food establishment ,the term foreign food establishment means a slaughterhouse1 factory1 warehouse1 or facility located outside the ,united ,states that processes food for consumption that is imported into the ,united ,states or food ingredients4 7#i7 ,interstate commerce ,the term interstate commerce has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#aj7 ,misbranded ,the term misbranded has the meaning given the term in-- 7,a7 in the case of poultry or a poultry product1 section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec72 7,b7 in the case of meat or a meat food product1 section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja72 and 7,c7 in the case of an egg or egg product1 section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc74 7#aa7 ,process ,the term process or processing means the commercial harvesting1 slaughter1 packing1 preparation1 or manufacture of food4 7#ab7 ,safe ,the term safe refers to human and animal health4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,under ,secretary of ,food ,safety4 7#ad7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#ae7 ,statistically valid ,the term statistically valid means1 with respect to a study1 evaluated and conducted under standards established by the ,national ,institute of ,standards and ,technology4 #bfd4 ,performance standards for food safety 7a7 ,definitions ,in this section3 7#a7 ,appropriate level of protection ,the term appropriate level of protection means a level of food safety and public health protection that-- 7,a7 if achievable by commercially available techniques1 reduces a known pathogen or contaminant to a level that does not present a demonstrated risk of illness or death to consumers1 including sensitive groups2 or 7,b7 in all other cases1 is the lowest reasonably achievable level of a microbiologic or contaminant food safety hazard that can best protect public health4 7#b7 ,food safety objective ,the term food safety objective means an objective that establishes the maximum frequency or concentration of a microbial or contaminant hazard in a regulated food product at the time of handling and consumption by a consumer that still provides the appropriate level of protection4 7#c7 ,pathogen reduction performance standard ,the term pathogen reduction performance standard means a standard that establishes the degree to which a step or combination of steps in the production1 processing1 distribution1 or preparation of a food must operate to achieve the required level of control over microbiological contamination4 7#d7 ,performance criteria ,the term performance criteria means a criteria that establishes the effect of one or more control measures needed to meet or contribute to meet a performance objective4 7#e7 ,performance objective ,the term performance objective means an objective that establishes the maximum frequency or concentration of a microbial or contaminant hazard in a regulated food product during a processing step that contributes to the achievement of a food safety objective or other end measure or a performance standard4 7#f7 ,public health goals and objectives ,the term public health goals and objectives means goals and objectives establishing the desired outcome associated with reducing the burden of foodborne disease in society4 7b7 ,standards1 goals1 and objectives ,in order to protect the public health and promote food safety1 the ,secretary shall prescribe-- 7#a7 pathogen surveys to determine current levels of food contamination and to enable the ,secretary to assess compliance2 7#b7 public health goals and objectives2 and 7#c7 pathogen reduction performance standards-- 7,a7 to reduce pathogens in food2 and 7,b7 to achieve public health goals and objectives4 7c7 ,list of pathogens 7#a7 ,in general ,in consultation with the ,secretary of ,health and ,human ,services1 and taking into account data available from the ,centers for ,disease ,control and ,prevention1 the ,secretary shall identify the pathogens that make a significant contribution to the total burden of foodborne disease associated with food4 7#b7 ,publication2 updates ,the ,secretary shall-- 7,a7 publish a list of the pathogens described in paragraph 7#a7 not later than #ahj days after the date of enactment of this section2 and 7,b7 update and publish the list annually thereafter4 7d7 ,pathogen surveys 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall initiate the planning and subsequent implementation of comprehensive surveys to determine the current levels and incidence of contamination of food products with the pathogens listed under subsection 7c71 including the variation in levels and incidence of contamination among establishments4 7#b7 ,publication ,not later than #b years after the date of enactment of this section1 the ,secretary shall compile1 and publish in the ,federal ,register1 the results of the surveys4 7#c7 ,updates ,at least once every #c years after the preceding surveys are conducted1 the ,secretary shall-- 7,a7 conduct surveys described in paragraph 7#a72 and 7,b7 compile and publish the results of the surveys in accordance with paragraph 7#b74 7e7 ,public health goals and objectives 7#a7 ,in general ,not later than #a year after the completion of pathogen surveys under subsection 7d71 and in coordination with the ,secretary of ,health and ,human ,services and the ,director of the ,centers for ,disease ,control and ,prevention1 the ,secretary shall establish public health goals and food safety objectives to achieve measurable population-based targets and food safety targets for the reduction of foodborne illness and the exposure of the public to pathogens4 7#b7 ,requirements ,the goals described in subsection 7b77#b7 shall be updated every #b years according to current epidemiological studies in foodborne illness and the most recently updated information from the ,centers for ,disease ,control and ,prevention about the prevalence of foodborne illness4 7f7 ,pathogen reduction performance standards 7#a7 ,in general ,the pathogen reduction performance standards required under subsection 7b7 shall ensure the lowest level or incidence of contamination that is reasonably achievable using the best available processing technology and practices4 7#b7 ,current contamination ,in determining what is reasonably achievable1 the ,secretary shall consider data on current levels or incidence of contamination1 including what is being achieved by establishments in the upper quartile of performance in controlling the level or incidence of contamination4 7#c7 ,initial pathogens ,not later than #c years after the date of enactment of this section1 the ,secretary shall propose pathogen reduction performance standards for at least #b pathogens from the list published under subsection 7c74 7#d7 ,subsequent pathogens ,not later than #a year after proposing pathogen reduction standards for the initial pathogens under paragraph 7#c71 and annually thereafter1 the ,secretary shall propose a pathogen reduction performance standard for at least #a pathogen each year from the list published under subsection 7c7 until standards have been proposed for all pathogens on the list4 7#e7 ,final standards ,not later than #a year after proposing a pathogen reduction standard for a pathogen under this subsection1 the ,secretary shall promulgate a final pathogen reduction standard and propose sampling standards and procedures for the pathogen in regulated products4 7g7 ,performance standards ,the performance standards established under this section shall include-- 7#a7 food safety objectives that set the level of a contaminant that provides the appropriate level of protection2 7#b7 zero tolerances1 including zero tolerances for fecal matter1 in addition to any zero-tolerance standards in effect on the day before the date of enactment of this section1 when necessary to protect against significant adverse health outcomes2 7#c7 performance objectives1 such as log reduction criteria for cooked products1 when sufficient to ensure the safety of processed food2 7#d7 in the absence of data to support a performance standard described in paragraph 7#a71 7#b71 or 7#c71 as determined by the ,secretary1 standards that define required performance in terms of best reasonably achievable performance1 using best available technologies1 interventions1 and practices2 or 7#e7 any other food safety objectives or performance criteria1 as determined by the ,secretary4 7h7 ,review of standards 7#a7 ,in general ,not later than #c years after promulgation of a final pathogen reduction performance standard for a pathogen under subsection 7f77#e71 the ,secretary shall review each standard to determine whether the standard continues to ensure the lowest level or incidence of contamination that is reasonably achievable using the best available processing technology and practices1 taking into account the most recent survey conducted under subsection 7d74 7#b7 ,public health goals ,the goals described in subsection 7e7 shall be-- 7,a7 used in addition to the most recent survey conducted under subsection 7d7 to evaluate the pathogen performance standards set by the ,secretary2 and 7,b7 considered when the ,secretary reviews and revises the final pathogen reduction performance standards in accordance with subsection 7f74 7#c7 ,revisions ,the ,secretary shall revise the standards1 as necessary1 to comply with subsection 7f74 7i7 ,enforcement 7#a7 ,sampling program 7,a7 ,in general ,not later than #a year after the promulgation of a performance standard under this section1 the ,secretary shall implement a sampling program to determine whether food establishments are complying with the performance standards promulgated under this section4 7,b7 ,requirement ,the program established under this paragraph shall be at least as stringent as the ,hazard ,analysis and ,critical ,control ,point ,system requirements established under part #dag of title #i1 ,code of ,federal ,regulations 7or successor regulation74 7#b7 ,inspections ,if the ,secretary determines that a food establishment fails to meet a standard promulgated under this section1 and the food establishment fails to take appropriate corrective action as determined by the ,secretary1 the ,secretary shall1 as appropriate-- 7,a7 order a recall of food from the food establishment under section #bfi2 7,b7 require enhanced inspection of the food establishment2 7,c7 withdraw the mark of inspection from the food establishment2 or 7,d7 take other appropriate enforcement action concerning the food establishment1 including revocation of the grant of inspection4 7j7 ,newly identified contaminants ,notwithstanding any other provision of this section1 the ,secretary shall promulgate interim performance standards for newly identified contaminants as necessary to prevent disease outbreaks or other hazards to the public health4 7k7 ,enforcement of certain regulations ,the ,secretary shall ensure that1 as compared to regulations under chapter ,,iii of title #i1 ,code of ,federal ,regulations1 that are in effect as of ,september #a1 #bjac1 regulations promulgated under this part relating to-- 7#a7 carcass inspection and safety are at least as stringent2 7#b7 the frequency of inspection services are at least as frequent2 and 7#c7 staffing levels are at least as high so as to ensure public health4 #bfe4 ,pathogen reduction and testing 7a7 ,in general ,not later than #ahj days after the date of enactment of this section or the subsequent adoption of performance standards under section #bfd1 the ,secretary shall require that food establishments described in subsection 7b7 sample for the presence of identified pathogens at any points in production or processing that are identified by the ,secretary4 7b7 ,application ,this section applies to-- 7#a7 7,a7 all slaughterhouses or processing establishments that produce more than #be1jjj pounds of trim per day2 or 7,b7 grinding facilities that grind more than #be1jjj pounds of trim or bench trim per day2 and 7#b7 effective beginning on the date that is #c years after the date of enactment of this section-- 7,a7 to all food establishments that produce or grind trim or bench trim2 and 7,b7 such other food establishments as are designated by the ,secretary4 7c7 ,administration ,to carry out this section1 the ,secretary shall-- 7#a7 establish sampling standards and procedures2 7#b7 define appropriate sampling plans for food establishments through guidance documents2 7#c7 promulgate regulations that require that the food establishment takes corrective action when violative products are found through testing and establishes measures to prevent reoccurrence2 and 7#d7 upon inspection1 review the definition of lot sizes established by food establishments to ensure that-- 7,a7 there is a rational justification for the lot size2 and 7,b7 no lot is more than #b1jjj pounds4 7d7 ,testing ,food establishments undertaking testing under this section shall use-- 7#a7 sampling standards and procedures determined by the ,secretary under section #bfd7;f77#e72 and 7#b7 a laboratory accredited under section #bff4 #bff4 ,laboratory accreditation 7a7 ,recognition of laboratory accreditation 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary shall-- 7,a7 establish a program for the testing of meat and meat food products by accredited laboratories2 7,b7 establish and maintain on the ,internet ,web site of the ,department an up-to-date and publicly available registry of accreditation bodies recognized by the ,secretary and laboratories accredited by a recognized accreditation body1 including the name of1 contact information for1 and other information considered appropriate by the ,secretary about the accreditation bodies and laboratories2 and 7,c7 require1 as a condition of recognition or accreditation1 as appropriate1 that recognized accreditation bodies and accredited laboratories report to the ,secretary any changes that would affect the recognition of the accreditation body or the accreditation of the laboratory4 7#b7 ,program requirements ,the program established under paragraph 7#a77;,a7 shall provide for the recognition of laboratory accreditation bodies that meet criteria established by the ,secretary for accreditation of laboratories1 including independent private laboratories and laboratories run and operated by a ,federal agency 7including the ,department of ,commerce71 ,state1 or locality with a demonstrated capability to conduct one or more sampling and analytical testing methodologies for meat and meat food products4 7#c7 ,increasing the number of qualified laboratories ,the ,secretary shall work with the laboratory accreditation bodies recognized under paragraph 7#a71 as appropriate1 to increase the number of qualified laboratories that are eligible to perform testing under this subsection beyond the number so qualified on the date of enactment of this section4 7#d7 ,limited distribution ,in the interest of national security1 the ,secretary1 in coordination with the ,secretary of ,homeland ,security1 may determine the time1 manner1 and form in which the registry established under paragraph 7#a77;,b7 is made publicly available4 7#e7 ,foreign laboratories ,accreditation bodies recognized by the ,secretary under paragraph 7#a7 may accredit laboratories that operate outside the ,united ,states1 so long as the laboratories meet the accreditation standards applicable to domestic laboratories accredited under this subsection4 7#f7 ,model laboratory standards 7,a7 ,in general ,the ,secretary shall develop model standards that a laboratory shall meet to be accredited by a recognized accreditation body for a specified sampling or analytical testing methodology and included in the registry provided for under paragraph 7#a74 7,b7 ,requirements ,in developing the model standards1 the ,secretary shall-- 7i7 consult existing standards for guidance2 and 7ii7 include-- 7,i7 methods to ensure that-- 7aa7 appropriate sampling1 analytical procedures 7including rapid analytical procedures71 and commercially available techniques are followed and reports of analyses are certified as true and accurate2 7bb7 internal quality systems are established and maintained2 7cc7 procedures exist to evaluate and respond promptly to complaints regarding analyses and other activities for which the laboratory is accredited2 and 7dd7 individuals who conduct the sampling and analyses are qualified by training and experience to do so2 and 7,,ii7 any other criteria determined appropriate by the ,secretary4 7#g7 ,review of recognition ,to ensure compliance with the requirements of this subsection1 the ,secretary-- 7,a7 shall periodically1 and in no case less frequently than once every #e years1 reevaluate accreditation bodies recognized under paragraph 7#a7 and may accompany auditors from an accreditation body to assess whether the accreditation body meets the criteria for recognition2 and 7,b7 shall promptly revoke the recognition of any accreditation body found not to be in compliance with the requirements of this subsection1 specifying1 as appropriate1 any terms and conditions necessary for laboratories accredited by the accreditation body to continue to perform testing as described in this subsection4 7b7 ,testing ,procedures 7#a7 ,in general ,not later than #cj months after the date of enactment of this section1 food testing shall be conducted by ,federal laboratories or non-,federal laboratories that have been accredited for the appropriate sampling or analytical testing methodology or methodologies by a recognized accreditation body on the registry established by the ,secretary under subsection 7a77#a77;,b7-- 7,a7 in response to a specific testing requirement under this ,act 7including implementing regulations71 when applied to address an identified or suspected meat or meat food product safety problem2 and 7,b7 as required by the ,secretary1 as the ,secretary considers appropriate1 to address an identified or suspected food safety problem4 7#b7 ,results of testing 7,a7 ,in general ,the results of any testing under this section shall be sent directly to the applicable food establishment and the ,secretary1 unless the ,secretary by regulation exempts test results from the submission requirement if the ,secretary determines that the results do not contribute to the protection of public health4 7,b7 ,electronic submission ,test results required to be submitted may be submitted to the ,secretary through electronic means4 7#c7 ,exception ,the ,secretary may waive requirements under this subsection if-- 7,a7 a new methodology has been developed and validated but a laboratory has not yet been accredited to perform the methodology2 and 7,b7 the use of the methodology is necessary to prevent1 control1 or mitigate a food emergency or foodborne illness outbreak4 7c7 ,review by ,secretary ,if food sampling and testing performed by a laboratory run and operated by a ,state or locality that is accredited by a recognized accreditation body on the registry established by the ,secretary under subsection 7a7 result in a ,state recalling a food1 the ,secretary shall review the sampling and testing results for the purpose of determining the need for a national recall or other compliance and enforcement activities4 7d7 ,no ,limit on ,secretarial ,authority ,nothing in this section limits the ability of the ,secretary to review and act on information from food testing1 including determining the sufficiency of the information and testing4 #bfg4 ,traceback 7a7 ,in general ,the ,secretary1 in order to protect the public health1 shall establish requirements for a national system for tracing food and food-producing animals from point of slaughter to retail sale1 subject to subsection 7b74 7b7 ,applicability ,traceability requirements shall-- 7#a7 be established in accordance with regulations and guidelines issued by the ,secretary2 and 7#b7 apply to food establishments4 7c7 ,traceability 7#a7 ,in general ,the ,secretary shall implement tracing protocols using methods and technologies to enable the ,food ,safety and ,inspection ,service to rapidly trace adulterated food to-- 7,a7 the source of the contamination to determine the original site source of the adulteration or contamination2 and 7,b7 destinations to which the food has been shipped4 7#b7 ,requirements 7,a7 ,in general ,tracing protocols under this subsection shall include the collection of documentary and other relevant material to enable rapid tracing1 including-- 7i7 food establishment identification data2 7ii7 a description of the food2 7iii7 shipping marks2 7iv7 bar coding2 and 7v7 disclosure of sole-source or multiple-source origin4 7,b7 ,timing ,the collection of documentary and other relevant material to enable rapid tracing under subparagraph 7,a7 shall occur at the time that transfer of the relevant food is completed4 7,c7 ,certification ,the onsite inspector and a responsible food establishment representative shall certify that the documentary and other tracing material collected under subparagraph 7,a7 are complete and accurate4 7#c7 ,tracing of adulterated and contaminated food ,if a food sample tests positive or is indicated to test positive for a contaminant1 the ,secretary shall immediately conduct a trace-- 7,a7 to identify all sites of contamination1 including preparation1 packaging1 and slaughtering establishments2 7,b7 to identify the original source of contamination2 and 7,c7 to identify any recipient of the food1 other than the consumer1 or food that may have been similarly affected4 7d7 ,relationship to country of origin labeling ,nothing in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle ,d of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch et seq474 #bfh4 ,international food safety assurance 7a7 ,international audits ,the ,secretary shall ensure that international audits of eligible foreign country food safety systems shall-- 7#a7 occur no less than annually2 and 7#b7 be of sufficient scope to protect public health4 7b7 ,imports ,as soon as practicable after the date of enactment of this section1 the ,secretary shall promulgate regulations under which the ,secretary may remove a country from the appropriate list maintained by the ,secretary of countries allowed to import one or more foods into the ,united ,states if-- 7#a7 the country refuses to allow the ,secretary to conduct such onsite audits as the ,secretary determines to be necessary to verify the safety of the food to be imported2 or 7#b7 imports of food from the country have been suspended more than once during a #e-year period for major food safety infractions4 #bfi4 ,notification and recall 7a7 ,definitions ,in this section3 7#a7 ,class ,i recall ,the term ,class ,i recall means a food recall classification defined by the ,secretary that covers a health-hazard situation in which there is a reasonable probability that the use of the food or food product being recalled will cause a serious1 adverse health consequence1 or death4 7#b7 ,retail establishment ,the term retail establishment means a grocery store or other retail establishment that sells food and food products directly to consumers4 7#c7 ,summary notice ,the term summary notice means the #a-page summary notice described in subsection 7d74 7b7 ,notice to ,secretary of violation 7#a7 ,in general ,a person that has reason to believe that any food introduced into or in interstate commerce1 or held for sale 7whether or not the first sale7 after shipment in interstate commerce1 may be in violation of the food safety law shall immediately notify the ,secretary of the identity and location of the food4 7#b7 ,manner of notification ,notification under paragraph 7#a7 shall be made in such manner and by such means as the ,secretary may require by regulation4 7c7 ,recall and consumer notification 7#a7 ,voluntary actions ,if the ,secretary determines that food is in violation of the food safety law when introduced into or while in interstate commerce or while held for sale 7whether or not the first sale7 after shipment in interstate commerce or that there is a reasonable probability that the food1 if consumed1 would present a threat to public health1 as determined by the ,secretary1 the ,secretary shall give the appropriate persons 7including the manufacturers1 importers1 distributors1 or retailers of the food7 an opportunity-- 7,a7 to cease distribution of the food2 7,b7 to notify all persons-- 7i7 processing1 distributing1 or otherwise handling the food to immediately cease such activities with respect to the food2 or 7ii7 to which the food has been distributed1 transported1 or sold1 to immediately cease distribution of the food2 7,c7 to recall the food2 7,d7 in conjunction with the ,secretary1 to provide notice of the finding of the ,secretary-- 7i7 to consumers to whom the food was1 or may have been1 distributed2 and 7ii7 to ,state and local public health officials2 or 7,e7 to take any combination of the measures described in this paragraph1 as determined by the ,secretary to be appropriate in the circumstances4 7#b7 ,mandatory actions ,if a person referred to in paragraph 7#a7 refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the ,secretary1 the ,secretary shall-- 7,a7 have authority to control and possess the food or recall the food1 including ordering the shipment of the food from the food establishment to the ,secretary-- 7i7 at the expense of the food establishment2 or 7ii7 in an emergency 7as determined by the ,secretary71 at the expense of the ,secretary2 and 7,b7 by order1 require1 as the ,secretary determines to be necessary1 the person to immediately-- 7i7 cease distribution of the food2 7ii7 notify all persons-- 7,i7 processing1 distributing1 or otherwise handling the food to immediately cease such activities with respect to the food2 or 7,,ii7 if the food has been distributed1 transported1 or sold1 to immediately cease distribution of the food2 and 7iii7 recall contaminated food4 7#c7 ,notification to consumers by ,secretary ,in accordance with subsection 7d71 the ,secretary shall1 as the ,secretary determines to be necessary1 provide notice of the finding of the ,secretary under paragraph 7#a7-- 7,a7 to consumers to whom the food was1 or may have been1 distributed2 7,b7 to ,state and local public health officials2 and 7,c7 to such other persons as the ,secretary determines appropriate4 7#d7 ,nondistribution by notified persons ,a person that processes1 distributes1 or otherwise handles the food1 or to which the food has been distributed1 transported1 or sold1 and that is notified under paragraph 7#a77;,b7 or 7#b77;,b7 shall immediately cease distribution of the food4 7#e7 ,availability of records to ,secretary ,each person referred to in paragraph 7#a7 that processed1 distributed1 or otherwise handled food shall make available to the ,secretary information necessary to carry out this subsection1 as determined by the ,secretary1 regarding-- 7,a7 persons that processed1 distributed1 or otherwise handled the food2 and 7,b7 persons to which the food has been transported1 sold1 distributed1 or otherwise handled4 7d7 ,consumer recall notification 7#a7 ,distribution of information ,in the case of any ,class ,i recall1 the ,secretary shall1 to the maximum extent practicable1 distribute to each retail establishment that has received or is likely to have received recalled product in the ,united ,states a #a-page summary notice containing product information of each food or food product subject to the ,class ,i recall4 7#b7 ,distribution of information ,the ,secretary shall require each retail establishment that receives a summary notice-- 7,a7 to post a copy of the summary notice at each cash register of the retail establishment2 7,b7 to post a copy of the summary notice on the shelving unit on which the food or food product was sold2 or 7,c7 in the case of a retail establishment that uses a customer card system to track customer purchases or demographics-- 7i7 to place a call to each customer that purchased a recalled food or food product to inform the customer of the ,class ,i recall2 or 7ii7 to make available to each customer that purchased a recalled food or food product with a targeted coupon with information about the recalled food or food product4 7#c7 ,assistance ,in cooperation with and1 when necessary1 with direct assistance from the ,director of the ,centers for ,disease ,control and ,prevention and the ,centers of ,excellence of the ,food and ,drug ,administration1 the ,secretary shall provide assistance to regional1 ,state1 and local agencies to assist in carrying out this section through activities such as providing resources1 including timely information concerning symptoms and tests1 for frontline health professionals interviewing individuals as part of routine surveillance and outbreak investigations4 7#d7 ,availability of lists of retail consignees during food recalls ,the ,secretary shall make publicly available the names and locations of retail establishment consignees of recalled food or food products that the ,secretary compiles in connection with a recall for which there is a reasonable probability that the use of the food or food product could cause serious adverse health consequences or death4 7e7 ,informal hearings on orders 7#a7 ,in general ,the ,secretary shall provide any person subject to an order under subsection 7c7 with an opportunity for an informal hearing1 to be held as soon as practicable but not later than #b business days after the issuance of the order4 7#b7 ,scope of the hearing ,in a hearing under paragraph 7#a71 the ,secretary shall consider the actions required by the order and any reasons why the food that is the subject of the order should not be recalled4 7f7 ,post-,hearing recall orders 7#a7 ,amendment of order ,if1 after providing an opportunity for an informal hearing under subsection 7e71 the ,secretary determines that there is a reasonable probability that the food that is the subject of an order under subsection 7c71 if consumed1 would present a threat to the public health1 the ,secretary1 as the ,secretary determines to be necessary1 may-- 7,a7 amend the order to require recall of the food or other appropriate action2 7,b7 specify a timetable in which the recall shall occur2 7,c7 require periodic reports to the ,secretary describing the progress of the recall2 and 7,d7 provide notice of the recall to consumers to whom the food was1 or may have been1 distributed4 7#b7 ,vacation of orders ,if1 after providing an opportunity for an informal hearing under subsection 7e71 the ,secretary determines that adequate grounds do not exist to continue the actions required by the order1 the ,secretary shall vacate the order4 7g7 ,remedies not exclusive ,the remedies provided in this section shall be in addition to1 and not exclusive of1 other remedies that may be available4 #bgj4 ,enforcement and administration 7a7 ,civil penalties 7#a7 ,civil sanctions 7,a7 ,civil penalty 7i7 ,in general ,any person that commits an act that violates the food safety law 7including a regulation promulgated or order issued under a ,federal food safety law7 may be assessed a civil penalty by the ,secretary of not more than #aj1jjj for each such act4 7ii7 ,separate offense ,each act described in clause 7i7 and each day during which that act continues shall be considered a separate offense4 7,b7 ,other requirements 7i7 ,written order ,the civil penalty described in subparagraph 7,a7 shall be assessed by the ,secretary by a written order1 which shall specify the amount of the penalty and the basis for the penalty under clause 7ii7 considered by the ,secretary4 7ii7 ,amount of penalty ,subject to subparagraph 7,a77i71 the amount of the civil penalty shall be determined by the ,secretary1 after considering-- 7,i7 the gravity of the violation2 7,,ii7 the degree of culpability of the person2 7,,iii7 the size and type of the business of the person2 and 7,,iv7 any history of prior offenses by the person under the food safety law4 7iii7 ,review of order ,the order may be reviewed only in accordance with paragraph 7#b74 7#b7 ,judicial review 7,a7 ,in general ,an order assessing a civil penalty under paragraph 7#a7 shall be a final order unless the person-- 7i7 not later than #cj days after the effective date of the order1 files a petition for judicial review of the order in the ,united ,states court of appeals for the circuit in which that person resides or has its principal place of business or the ,united ,states ,court of ,appeals for the ,district of ,columbia2 and 7ii7 simultaneously serves a copy of the petition by certified mail to the ,secretary4 7,b7 ,filing of record ,not later than #de days after the service of a copy of the petition under subparagraph 7,a77ii71 the ,secretary shall file in the court a certified copy of the administrative record upon which the order was issued4 7,c7 ,standard of review ,the findings of the ,secretary relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole4 7#c7 ,collection actions for failure to pay 7,a7 ,in general ,if any person fails to pay a civil penalty assessed under paragraph 7#a7 after the order assessing the penalty has become a final order1 or after the court of appeals described in paragraph 7#b7 has entered final judgment in favor of the ,secretary1 the ,secretary shall refer the matter to the ,attorney ,general1 who shall institute in a ,united ,states district court of competent jurisdiction a civil action to recover the amount assessed4 7,b7 ,limitation on review ,in a civil action under subparagraph 7,a71 the validity and appropriateness of the order of the ,secretary assessing the civil penalty shall not be subject to judicial review4 7#d7 ,penalties paid into account ,the ,secretary-- 7,a7 shall deposit penalties collected under this section in an account in the ,treasury2 and 7,b7 may use the funds in the account1 without further appropriation or fiscal year limitation-- 7i7 to carry out enforcement activities under food safety law2 or 7ii7 to provide assistance to ,states to inspect retail commercial food establishments or other food or firms under the jurisdiction of ,state food safety programs4 7#e7 ,discretion of the ,secretary to prosecute ,nothing in this part requires the ,secretary to report for prosecution1 or for the commencement of an action1 the violation of the food safety law in a case in which the ,secretary finds that the public interest will be adequately served by the assessment of a civil penalty under this section4 7#f7 ,remedies not exclusive ,the remedies provided in this subsection are in addition to1 and not exclusive of1 other remedies that may be available under this or any other ,act4 7b7 ,presumption ,in any action to enforce the requirements of the food safety law1 the connection with interstate commerce required for jurisdiction shall be presumed to exist4 7c7 ,whistleblower protection 7#a7 ,in general ,no ,federal employee1 employee of a ,federal contractor or subcontractor1 or any individual employed by a company or other entity that is a regulated establishment or any other entity involved in the food supply system 7referred to in this subsection as a covered individual71 may be discharged1 demoted1 suspended1 threatened1 harassed1 or in any other manner discriminated against1 because of any lawful act done by the covered individual-- 7,a7 to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding any conduct that the covered individual reasonably believes constitutes a violation of this ,act or a food safety law1 including any related rules or regulations1 or that the covered individual reasonably believes constitutes a threat to the public health1 if the information or assistance is provided to1 or the investigation is conducted by-- 7i7 a ,federal regulatory or law enforcement agency2 7ii7 a ,member or committee of ,congress2 or 7iii7 a person with supervisory authority over the covered individual 7or such other individual who has the authority to investigate1 discover1 or terminate misconduct72 7,b7 to file1 cause to be filed1 testify1 participate in1 or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law1 rule1 or regulation2 or 7,c7 to refuse to violate or assist in the violation of any law1 rule1 or regulation4 7#b7 ,enforcement action 7,a7 ,complaint 7i7 ,in general ,a covered individual who alleges discharge or other discrimination by any person in violation of paragraph 7#a7 may seek relief under paragraph 7#c7 by filing a complaint with the ,secretary of ,labor4 7ii7 ,legal action ,if the ,secretary of ,labor has not issued a final decision by the date that is #baj days after the date on which the complaint is filed and there is no showing that the delay is due to the bad faith of the claimant1 the claimant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7,b7 ,procedure ,an action under subparagraph 7,a7 shall be governed under the rules and procedures established in section #ajab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii;d74 7,c7 ,remedies ,a covered individual who prevails in any action under subparagraph 7,a7 shall be entitled to remedies equivalent to relief provided under section #ajab7;b77#d77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii;d7b77#d77;,b774 7#c7 ,applicability ,this subsection shall apply and be carried out in accordance with section #ajab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii;d71 including the relation of the whistleblower protection provided under this subsection to the rights of employees1 other laws1 and international agreements1 and the inability of an employee to waive the whistleblower protection4 7#d7 ,rights retained by the covered individual 7,a7 ,in general ,nothing in this subsection diminishes the rights1 privileges1 or remedies of any covered individual under any ,federal or ,state law1 or under any collective bargaining agreement4 7,b7 ,prohibition on waiver ,the rights and remedies in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment4 7d7 ,administration and enforcement 7#a7 ,in general ,for the efficient administration and enforcement of the food safety law1 the provisions 7including provisions relating to penalties7 of sections #f1 #h1 #i1 and #aj of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df1 #dh1 #di1 and #ej7 7except subsections 7c7 through 7h7 of section #f of that ,act71 relating to the jurisdiction1 powers1 and duties of the ,federal ,trade ,commission and the ,attorney ,general to administer and enforce that ,act1 and to the rights and duties of persons with respect to whom the powers are exercised1 shall apply to the jurisdiction1 powers1 and duties of the ,secretary and the ,attorney ,general in administering and enforcing the provisions of the food safety law and to the rights and duties of persons with respect to whom the powers are exercised1 respectively4 7#b7 ,inquiries and actions 7,a7 ,in general ,the ,secretary1 in person or by such agents as the ,secretary may designate1 may prosecute any inquiry necessary to carry out the duties of the ,secretary under the food safety law in any part of the ,united ,states4 7,b7 ,powers ,the powers conferred by sections #i and #aj of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #di and #ej7 on the ,united ,states district courts may be exercised for the purposes of this part by any ,united ,states district court of competent jurisdiction4 7e7 ,citizen civil actions 7#a7 ,civil actions ,a person may commence a civil action against the ,secretary 7in his or her capacity as the ,secretary7-- 7,a7 if the ,secretary fails to perform an act or duty that is not discretionary under a food safety law and the failure to perform that act or duty presents a clear1 demonstrated1 and serious present threat to public health2 but 7,b7 only after the person has-- 7i7 filed a petition with the ,secretary2 and 7ii7 given the ,secretary #ahj days to comply with nondiscretionary acts or duties4 7#b7 ,court 7,a7 ,in general ,the action shall be commenced in the ,united ,states district court for the district in which the defendant resides1 is found1 or has an agent4 7,b7 ,jurisdiction ,the court shall have jurisdiction1 without regard to the amount in controversy1 or the citizenship of the parties1 to require the ,secretary to perform a nondiscretionary act or duty under a food safety law1 if-- 7i7 it is proven that-- 7,i7 7aa7 the act or duty is not discretionary and is critical to public health protection2 and 7bb7 the ,secretary has the appropriate financial resources to perform the act or duty2 7,,ii7 7aa7 the ,secretary was given #ahj days to perform the act or duty prior to the filing of an action2 and 7bb7 the ,secretary did not perform the act or duty2 and 7ii7 the plaintiff presents credible evidence1 including1 if applicable1 evidence representing the current scientific knowledge1 that indicates that an act or duty necessary to regulate or control a food safety hazard has not been performed by the ,secretary4 7,c7 ,damages ,the court may-- 7i7 require the ,secretary to perform the act or duty in question towards a standard of protecting public health2 and 7ii7 award the plaintiff part or all of the costs of suit1 including reasonable attorney's fees and reasonable expert witness fees1 if-- 7,i7 awarding the fees is in the interest of justice2 7,,ii7 the failure of the ,secretary to perform a required act or duty is found to be capricious or negligent2 and 7,,iii7 awarding the fees would not reduce resources applied to public health inspections4 #bga4 ,administrative enforcement methodology for serious violations 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall develop a system of escalating penalties for situations in which there are serious or egregious violations of any food safety laws4 7b7 ,methodology ,the ,secretary shall design the system under subsection 7a7 based on sound methodology so as to provide incentives to reduce repeated serious or egregious violations4 7c7 ,definition ,for purposes of this section1 the ,secretary shall define the term serious or egregious violation of any food safety law1 which-- 7#a7 shall include any current violations that are grounds for a suspension1 withholding1 or revocation of grant of inspection under a food safety law2 and 7#b7 may include any other violations that constitute a severe violation of major food safety law requirements1 which may include intransigent repeated noncompliance for less than serious violations that indicate a food establishment is unwilling or negligent to bring the food establishment into compliance over a period of repeat circumstances lasting at least #a year since the last documented severe violation4 #bgb4 ,nonroutine inspection fees for repeated or serious noncompliance 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall establish performance-based fees for food establishments requiring nonroutine inspection services due to severe or repeated violations of food safety laws4 7b7 ,inclusions ,fees established under this section shall include1 at minimum1 fees for-- 7#a7 food safety assessments in response to serious or repeated food safety violations2 7#b7 humane handling assessments in response to serious or repeated violations of ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aija et seq472 7#c7 any actions or enhanced inspections associated with a mandatory recall2 and 7#d7 follow-up microbiological testing associated with any nonroutine requirements4 7c7 ,amount ,the ,secretary shall establish the amount of the fees at a level that recuperates the full costs or a reasonable portion of the nonroutine inspection services4 7d7 ,small and very small food establishments ,the ,secretary may adjust the terms1 conditions1 and rates of fees established under this section so as to minimize economic impacts on small and very small establishments4 7e7 ,use of fees ,the ,secretary shall use any fees collected under this section to bolster inspection or other programs in the ,office of ,field ,operations1 without the need for further appropriation4 7f7 ,guidance ,not later than #a year after the date of enactment of this section1 the ,secretary shall publish and make publically available guidance in the form of a list of eligible types of violations for nonroutine inspection fees1 including estimated rates for services4 4 7b7 ,conforming amendment ,section #bif7;b7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77 is amended-- 7#a7 in paragraph 7#f77;,c71 by striking or at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#h7 the authority of the ,secretary to carry out food safety activities under part ,,ii of subtitle ,g4 4 #bjb4 ,good commercial practices in receiving and processing live poultry ,the ,poultry ,products ,inspection ,act is amended by inserting after section #i 7#ba ,u4,s4,c4 #deh7 the following3 #i;,a4 ,good commercial practices in receiving and processing live poultry 7a7 ,in general ,an establishment shall use reasonable care1 handling1 lairage1 slaughtering1 and other good commercial practices1 as defined by the ,secretary through regulation1 during the handling and processing of live poultry1 including-- 7#a7 to prevent injury1 death by means other than slaughter1 or other avoidable losses2 and 7#b7 to allow for prompt disposition or1 if appropriate1 prompt euthanasia and sanitary disposal of severely injured1 severely ill1 incapacitated1 distressed1 or moribund live poultry4 7b7 ,prohibition ,an establishment shall not present poultry for slaughter if the poultry is-- 7#a7 moribund1 distressed1 or incapacitated2 or 7#b7 severely ill or injured4 7c7 ,live poultry processing plan 7#a7 ,in general ,the ,secretary shall require establishments to implement1 through the hazard analysis and critical control points plans of the establishments or by other appropriate means1 a live poultry processing plan that includes-- 7,a7 a euthanasia action plan2 7,b7 ante-mortem segregation and disposition procedures when appropriate for potentially severely injured1 distressed1 ill1 incapacitated1 or moribund poultry2 7,c7 facility outcome standards2 7,d7 employee training and competency requirements2 and 7,e7 such other requirements as are appropriate to ensure that only live poultry are presented for slaughter in accordance with this section and other applicable food safety laws4 7#b7 ,requirement ,the implementation1 design1 and effectiveness of the practices contained in live poultry processing plans by establishments shall include routine agency veterinary oversight4 7#c7 ,review ,the ,secretary shall review the requirements under paragraph 7#a7 at least every #e years-- 7,a7 to ensure the requirements reflect the principles of this section2 and 7,b7 to consider new improvements in available practices and technology4 4 ,,iii ,research and education #cja4 ,definition of ,secretary ,except as otherwise provided1 in this title1 the term ,secretary means the ,secretary of ,agriculture1 acting through the ,under ,secretary of ,food ,safety4 #cjb4 ,public health assessment system 7a7 ,in general ,the ,secretary1 acting in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and with the ,research ,education and ,economics mission area of the ,department of ,agriculture1 shall-- 7#a7 resolve data-sharing barriers1 including those relating to the application of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia2 #aaj ,stat4 #aicf71 to ensure access to the applicable data systems of the ,centers for ,disease ,control and ,prevention and to the databases made available by a ,state2 7#b7 maintain an active surveillance system of food1 food products1 and epidemiological evidence submitted by ,states to the ,centers for ,disease ,control and ,prevention based on a representative proportion of the population of the ,united ,states2 7#c7 assess the frequency and sources of human illness in the ,united ,states associated with the consumption of food2 7#d7 maintain a state-of-the-art ,,dna matching system and epidemiological system dedicated to foodborne illness identification1 outbreaks1 and containment2 and 7#e7 have access to the surveillance data created via monitoring and statistical studies conducted as part of inspections carried out by or for the ,secretary4 7b7 ,public health sampling 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish guidelines for a sampling system under which the ,secretary shall take and analyze samples of food-- 7,a7 to assist the ,secretary in carrying out this title2 7,b7 to assess the nature1 frequency of occurrence1 and quantities of contaminants in food2 and 7,c7 to enforce this title and other food safety laws4 7#b7 ,requirements ,the sampling system described in paragraph 7#a7 shall provide-- 7,a7 statistically valid monitoring1 including market-based studies1 on the nature1 frequency of occurrence1 and quantities of contaminants in food available to consumers2 and 7,b7 at the request of the ,secretary1 such other information1 including analysis of monitoring and verification samples1 as the ,secretary determines may be useful and appropriate in assessing the occurrence of contaminants in food4 7c7 ,assessment of health hazards 7#a7 ,in general ,through the surveillance system referred to in subsection 7a7 and the sampling system described in subsection 7b71 the ,secretary shall work in collaboration with the ,director of the ,centers for ,disease ,control and ,prevention1 the ,commissioner of ,food and ,drugs1 and other appropriate ,federal1 ,state1 local1 and tribal agencies-- 7,a7 to rank food categories under the jurisdiction of the ,secretary based on the hazard to human health presented by the food category2 7,b7 to identify appropriate industry and regulatory approaches to minimize hazards in the food supply2 and 7,c7 to assess the public health environment for emerging diseases1 including zoonosis1 for their risk of appearance in the ,united ,states food supply4 7#b7 ,components of analysis ,the analysis under subsection 7b77#a7 may include-- 7,a7 a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially2 7,b7 a comparison of the safety of food that is domestically processed with the health hazards associated with food that is processed outside the ,united ,states2 7,c7 a description of contamination originating from handling practices that occur prior to or after the sale of food to consumers2 and 7,d7 use of comparative risk assessments4 #cjc4 ,public education and advisory system 7a7 ,public education 7#a7 ,in general ,the ,secretary1 in collaboration with the ,director of the ,centers for ,disease ,control and ,prevention and the ,commissioner of ,food and ,drugs and in cooperation with private and public organizations1 including the cooperative extension services and building on the efforts of appropriate ,state and local entities1 shall establish a national public education program on food safety4 7#b7 ,requirements ,the program shall provide-- 7,a7 information to the public regarding ,federal standards and best practices and promotion of public awareness1 understanding1 and acceptance of those standards and practices2 7,b7 information for health professionals-- 7i7 to improve diagnosis and treatment of food-related illness2 and 7ii7 to advise individuals at special risk for food-related illnesses2 7,c7 information to increase consumer and health professional awareness of relative risks of different regulated products and consumer practices in preparing1 handling1 and consuming the products2 and 7,d7 such other information or advice to consumers and other persons as the ,secretary determines will promote the purposes of this subtitle4 7b7 ,health advisories ,the ,secretary1 in consultation with other ,federal departments and agencies as the ,secretary determines necessary1 shall work with the ,states and other appropriate entities-- 7#a7 to develop and distribute regional and national advisories concerning food safety2 7#b7 to develop standardized formats for written and broadcast advisories2 7#c7 to incorporate ,state and local advisories into the national public education program established under subsection 7a72 and 7#d7 to present prompt1 specific information regarding foods found to pose a threat to the public health4 #cjd4 ,research 7a7 ,in general ,the ,secretary1 acting through the ,under ,secretary for ,research1 ,education1 and ,economics1 shall conduct research to carry out this title and improve food safety1 including studies-- 7#a7 to improve sanitation and food safety practices in the processing of food2 7#b7 to develop improved techniques to monitor and inspect food2 7#c7 to develop efficient1 rapid1 and sensitive methods to detect contaminants in food2 7#d7 to determine the sources of contamination of contaminated food2 7#e7 to develop food consumption data2 7#f7 to identify ways that animal production techniques could improve the safety of the food supply2 7#g7 to draw upon research and educational programs that exist at the ,state and local level2 7#h7 to use the ,,dna matching system and other processes to identify and control pathogens2 7#i7 to address common and emerging zoonotic diseases2 7#aj7 to develop methods to reduce or destroy harmful pathogens before1 during1 and after processing2 7#aa7 to analyze the incidence of antibiotic resistance as the resistance pertains to the food supply and develop new methods to reduce the transfer of antibiotic resistance to humans2 7#ab7 to conduct research to inform risk communications1 including-- 7,a7 conducting studies regarding the knowledge and behavior of industry1 health professionals1 consumers1 and other appropriate stakeholders towards food safety2 and 7,b7 developing a protocol that will balance public welfare needs associated with the food safety research of the ,department of ,agriculture and the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act7 to account for the time-sensitive nature of communicating with the public about food safety programs2 7#ac7 to improve live animal health1 handling1 transport1 and slaughter methods2 and 7#ad7 to conduct other research that supports the purposes of this title4 7b7 ,contract authority ,the ,secretary may enter into contracts and agreements with any ,state1 institution of higher education1 ,federal ,government agency1 or person to carry out this section4 ,,iv ,criminal penalties and other provisions #dja4 ,criminal penalties 7a7 ,poultry ,products ,inspection ,act ,section #ab of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dfa7 is amended by adding at the end the following3 7d7 ,knowing introduction into commerce of unsafe food 7#a7 ,criminal sanctions 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person that knowingly produces or introduces into commerce poultry or a poultry product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than #aj years or fined not more than #be1jjj1 or both4 7,b7 ,severe violations ,a person that commits a violation described in subparagraph 7,a7 after a conviction of that person under this subsection has become final1 or commits such a violation with the intent to defraud or mislead1 shall be imprisoned for not more than #bj years or fined not more than #ajj1jjj1 or both4 7#b7 ,penalties paid into account ,the ,secretary shall deposit penalties collected under this subsection in the account described in section #bgj7;a77#d7 of the ,department of ,agriculture ,reorganization ,act of #aiid4 7#c7 ,discretion of the ,secretary to prosecute ,nothing in this subsection requires the ,secretary to report for prosecution1 or for the commencement of an action1 a violation described in paragraph 7#a7 in a case in which the ,secretary finds that the public interest will be adequately served by the assessment of a civil penalty4 7#d7 ,remedies not exclusive ,the remedies provided in this subsection are in addition to1 and not exclusive of1 other remedies that may be available under this or any other ,act4 4 7b7 ,federal ,meat ,inspection ,act ,section #djf of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fgf7 is amended by adding at the end the following3 7d7 ,knowing introduction into commerce of unsafe food 7#a7 ,criminal sanctions 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person that knowingly produces or introduces into commerce meat or a meat food product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than #aj years or fined not more than #be1jjj1 or both4 7,b7 ,severe violations ,a person that commits a violation described in subparagraph 7,a7 after a conviction of that person under this subsection has become final1 or commits such a violation with the intent to defraud or mislead1 shall be imprisoned for not more than #bj years or fined not more than #ajj1jjj1 or both4 7#b7 ,penalties paid into account ,the ,secretary shall deposit penalties collected under this subsection in the account described in section #bgj7;a77#d7 of the ,department of ,agriculture ,reorganization ,act of #aiid4 7#c7 ,discretion of the ,secretary to prosecute ,nothing in this subsection requires the ,secretary to report for prosecution1 or for the commencement of an action1 a violation described in paragraph 7#a7 in a case in which the ,secretary finds that the public interest will be adequately served by the assessment of a civil penalty4 7#d7 ,remedies not exclusive ,the remedies provided in this subsection are in addition to1 and not exclusive of1 other remedies that may be available under this or any other ,act4 4 7c7 ,egg ,products ,inspection ,act ,section #ab of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajda7 is amended by adding at the end the following3 7f7 ,knowing introduction into commerce of unsafe food 7#a7 ,criminal sanctions 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person that knowingly produces or introduces into commerce eggs or egg products that are unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than #aj years or fined not more than #be1jjj1 or both4 7,b7 ,severe violations ,a person that commits a violation described in subparagraph 7,a7 after a conviction of that person under this subsection has become final1 or commits such a violation with the intent to defraud or mislead1 shall be imprisoned for not more than #bj years or fined not more than #ajj1jjj1 or both4 7#b7 ,penalties paid into account ,the ,secretary shall deposit penalties collected under this subsection in the account described in section #bgj7;a77#d7 of the ,department of ,agriculture ,reorganization ,act of #aiid4 7#c7 ,discretion of the ,secretary to prosecute ,nothing in this subsection requires the ,secretary to report for prosecution1 or for the commencement of an action1 a violation described in paragraph 7#a7 in a case in which the ,secretary finds that the public interest will be adequately served by the assessment of a civil penalty4 7#d7 ,remedies not exclusive ,the remedies provided in this subsection are in addition to1 and not exclusive of1 other remedies that may be available under this or any other ,act4 4 #djb4 ,ongoing assessment of occupational health ,not later than #b years after the date of enactment of this ,act1 and not less than every #b years thereafter1 the ,secretary of ,agriculture1 acting through the ,under ,secretary of ,food ,safety1 in cooperation with the ,director of the ,national ,institute for ,occupational ,safety and ,health and the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health1 shall publish a report that-- 7#a7 describes occupational health and safety trends throughout federally inspected establishments2 and 7#b7 includes recommendations for improving environmental health for private and ,federal employees1 including findings of appropriate maximum line speed allowances in processing and slaughter establishments1 as determined by the ,secretary of ,labor in consultation with the ,secretary of ,agriculture to ensure an appropriate level of occupational safety4 #djc4 ,reports and evaluation of implementation 7a7 ,secretary 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act and each of the following #b years1 the ,secretary of ,agriculture shall submit to ,congress a report that-- 7,a7 describes the progress of the ,secretary in implementing this ,act and the amendments made by this ,act2 7,b7 includes any requests for additional resources or clarification or modification of policy2 and 7,c7 suggests any necessary technical or conforming amendments4 7#b7 ,public health information system ,not later than #a year after the date of enactment of this ,act and each of the following #c years1 the ,secretary of ,agriculture shall submit to ,congress a report that describes-- 7,a7 the effectiveness of the public health information system of the ,food ,safety and ,inspection ,service2 7,b7 whether the system is effective1 accurate1 and reflects actual program implementation2 and 7,c7 whether data contained in the system is usable to evaluate public health programs4 7b7 ,comptroller ,general ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 carry out a comprehensive evaluation of the implementation and effectiveness of the implementation of this ,act and the amendments made by this ,act1 including-- 7,a7 management of agency resources2 7,b7 the ability of industry to comply2 and 7,c7 the public health and food safety outcomes achieved2 and 7#b7 submit to ,congress a report describing the results of the evaluation4 #djd4 ,authorization of appropriations 7a7 ,in general ,subject to subsection 7b71 there are authorized to be appropriated to carry out this ,act and the amendments made by this ,act such sums as are necessary for each fiscal year4 7b7 ,limitation on appropriations 7#a7 ,in general ,for the fiscal year that includes the date of enactment of this ,act1 the amount authorized to be appropriated to carry out this ,act 7other than section #cjd7 and the amendments made by this ,act shall not exceed-- 7,a7 the amount appropriated for that fiscal year for the ,food ,safety and ,inspection ,service1 including any additional separate appropriations for the activities of the ,under ,secretary for ,food ,safety2 or 7,b7 the amount appropriated for the ,food ,safety and ,inspection ,service and the ,under ,secretary for ,food ,safety for the preceding fiscal year1 if as of the date of enactment of this ,act1 the relevant appropriations for the fiscal year that includes the date of enactment of this ,act have not yet been made4 7#b7 ,research ,for the fiscal year that includes the date of enactment of this ,act1 the amount authorized to be appropriated to carry out section #cjd shall not exceed-- 7,a7 the amount appropriated for that fiscal year for the research1 education1 and economics mission area of the ,department of ,agriculture1 including any additional separate appropriations for the activities of the ,under ,secretary for ,research1 ,education1 and ,economics2 or 7,b7 the amount appropriated for the research1 education1 and economics mission area of the ,department of ,agriculture and the ,under ,secretary for ,research1 ,education1 and ,economics for the preceding fiscal year1 if as of the date of enactment of this ,act1 the relevant appropriations for the fiscal year that includes the date of enactment of this ,act have not yet been made4