,,ii #aadth ,,congress #ast ,session ,s4 #accb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjae ,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 ,meat and ,poultry ,recall ,notification ,act of #bjae4 7b7 ,table of contents ,the table of contents of #g this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings2 purposes4 ,,title ,i--,meat and poultry recall notification ,sec4 #aja4 ,definition of adulterated4 ,,title ,,ii--,food safety ,sec4 #bja4 ,food safety4 ,,title ,,iii--,criminal penalties and other provisions ,sec4 #cja4 ,criminal penalties4 ,sec4 #cjb4 ,reports and evaluation of implementation4 ,sec4 #cjc4 ,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 and 7#e7 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 strengthen the protection of the public health2 and 7,b7 to make more effective and efficient use of resources to prevent foodborne illness2 and 7#b7 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 ,meat and poultry recall notification #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 serious illness or death4 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 ,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 ,proucts ,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#e7 ,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#f7 ,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#g7 ,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#h7 ,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#i7 ,process ,the term process or processing means the commercial harvesting1 slaughter1 packing1 preparation1 or manufacture of food4 7#aj7 ,safe ,the term safe refers to human and animal health4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,under ,secretary of ,food ,safety4 7#ab7 ,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 #bfd4 ,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 to perform #b of the #c following actions3 7,a7 ,to post a copy of the summary notice at each cash register of the retail establishment4 7,b7 ,to post a copy of the summary notice on the shelving unit on which the food or food product was sold4 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 #bfe4 ,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 4 ,,iii ,criminal penalties and other provisions #cja4 ,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 #bfe7;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 #bfe7;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 #bfe7;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 #cjb4 ,reports and evaluation of implementation 7a7 ,secretary ,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 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 #cjc4 ,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 ,for the fiscal year that includes the date of enactment of this ,act1 the amount authorized to be appropriated to carry out this ,act 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