HR 5518
110th CONGRESS
2d Session
H. R. 5518
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to authorize the Secretary of Agriculture to order the recall
of meat and poultry that is adulterated, misbranded, or otherwise unsafe.
IN THE HOUSE OF REPRESENTATIVES
February 28, 2008
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Agriculture
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to authorize the Secretary of Agriculture to order the recall
of meat and poultry that is adulterated, misbranded, or otherwise unsafe.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Unsafe Meat and Poultry Recall Act'.
SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.
(a) Mandatory Recalls Authorized- The Federal Meat Inspection Act (21 U.S.C.
601 et seq.) is amended--
(1) by redesignating section 411 (21 U.S.C. 681) as section 412; and
(2) by inserting after section 410 (21 U.S.C. 679a) the following new section:
`SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, MISBRANDED,
AND OTHER UNSAFE MEAT PRODUCTS.
`(a) Meat Product Defined- In this section, the term `meat product' means
a carcass, part of a carcass, meat, or meat food product of an amenable species.
`(b) Notification Required-
`(1) NOTICE TO SECRETARY- A person that has reason to believe that a meat
product handled by the person is in violation of this Act shall immediately
notify the Secretary, in such manner and by such means as the Secretary
may by regulation promulgate, of the identity and location of the meat product.
`(2) EXCEPTIONS- The requirement to notify the Secretary under paragraph
(1) shall not apply to--
`(A) consumers of meat products; and
`(B) such other persons as the Secretary may exempt by regulation.
`(c) Voluntary Nondistribution and Recall- If the Secretary finds that a meat
product is in violation of this Act and that there is a reasonable probability
that human consumption of the meat product may present a threat to public
health, the Secretary shall provide all appropriate persons that handled the
meat product, as determined by the Secretary, with an opportunity to--
`(1) cease distribution of the meat product;
`(2) notify all persons handling the meat product to immediately cease distribution
of the meat product;
`(3) recall the meat product; and
`(4) in consultation with the Secretary, provide notice to consumers to
whom the meat product may have been distributed.
`(d) Mandatory Actions- If a person does not voluntarily take the actions
described in subsection (c) with respect to a meat product within the time
and in the manner prescribed by the Secretary, the Secretary may, by order,
require such person to immediately--
`(1) cease distribution of the meat product;
`(2) notify all persons handling the meat product to immediately cease distribution
of the meat product; and
`(3) recall the meat product or take other appropriate action, as determined
by the Secretary.
`(e) Notice to Consumers- If the Secretary orders a mandatory action under
subsection (d), the Secretary shall provide notice of the action to consumers
to whom the meat product may have been distributed to the extent the Secretary
considers necessary.
`(f) Nondistribution by Notified Persons- A person handling a meat product
that receives notification under subsection (c) or (d) shall immediately cease
distribution of the meat product.
`(g) Vacation of Order- If, after providing an opportunity for a hearing on
the record, the Secretary determines that adequate grounds do not exist to
continue the mandatory actions required by an order issued under subsection
(d), the Secretary shall vacate the order.
`(h) Additional Remedies- The remedies provided in this section are in addition
to any other remedies that may be available under any other provision of law.'.
(b) Definition of Person-
(1) IN GENERAL- Section 1 of the Federal Meat Inspection Act (21 U.S.C.
601) is amended by adding at the end the following new subsection:
`(x) Person- The term `person' means any individual, partnership, corporation,
association, or other business unit.'.
(2) CONFORMING AMENDMENTS- The Federal Meat Inspection Act (21 U.S.C. 601
et seq.) is amended--
(A) by striking `person, firm, or corporation' each place it appears and
inserting `person';
(B) by striking `persons, firms, and corporations' each place it appears
and inserting `persons'; and
(C) by striking `persons, firms, or corporations' each place it appears
and inserting `persons'.
SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
`SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, MISBRANDED,
AND OTHER UNSAFE POULTRY PRODUCTS.
`(a) Notification Required-
`(1) NOTICE TO SECRETARY- A person that has reason to believe that a poultry
product handled by the person is in violation of this Act shall immediately
notify the Secretary, in such manner and by such means as the Secretary
may by regulation promulgate, of the identity and location of the poultry
product.
`(2) EXCEPTIONS- The requirement to notify the Secretary under paragraph
(1) shall not apply to--
`(A) consumers of poultry products; and
`(B) such other persons as the Secretary may exempt by regulation.
`(b) Voluntary Nondistribution and Recall- If the Secretary finds that a poultry
product is in violation of this Act and that there is a reasonable probability
that human consumption of the poultry product may present a threat to public
health, the Secretary shall provide all appropriate persons that handled the
poultry product, as determined by the Secretary, with an opportunity to--
`(1) cease distribution of the poultry product;
`(2) notify all persons handling the poultry product to immediately cease
distribution of the poultry product;
`(3) recall the poultry product; and
`(4) in consultation with the Secretary, provide notice to consumers to
whom the poultry product may have been distributed.
`(c) Mandatory Actions- If a person does not voluntarily take the actions
described in subsection (b) with respect to a poultry product within the time
and in the manner prescribed by the Secretary, the Secretary may, by order,
require the person to immediately--
`(1) cease distribution of the poultry product;
`(2) notify all persons handling the poultry product to immediately cease
distribution of the poultry product; and
`(3) recall the poultry product or take other appropriate action, as determined
by the Secretary.
`(d) Notice to Consumers- If the Secretary orders a mandatory action under
subsection (c), the Secretary shall provide notice of the action to consumers
to whom the poultry product may have been distributed, to the extent the Secretary
considers necessary.
`(e) Nondistribution by Notified Persons- A person handling a poultry product
that receives notification under subsection (b) or (c) shall immediately cease
distribution of the poultry product.
`(f) Vacation of Order- If, after providing an opportunity for a hearing on
the record, the Secretary determines that adequate grounds do not exist to
continue the mandatory actions required by an order issued under subsection
(c), the Secretary shall vacate the order.
`(g) Additional Remedies- The remedies provided in this section are in addition
to any other remedies that may be available under any other provision of law.'.
END
