S 2418
110th CONGRESS
1st Session
S. 2418
To ensure the safety of imported food products for the citizens
of the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
December 5, 2007
Mr. CASEY (for himself, Mr. GRASSLEY, and Mrs. FEINSTEIN) introduced
the following bill; which was read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry
A BILL
To ensure the safety of imported food products for the citizens
of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Ending Agricultural Threats:
Safeguarding America's Food for Everyone (EAT SAFE) Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 4. Food safety training, personnel, and coordination.
Sec. 5. Reporting of smuggled food products.
Sec. 6. Civil penalties relating to illegally imported meat and poultry
products.
Sec. 7. Certification of food safety labs.
Sec. 9. Public notice regarding recalled food products.
Sec. 10. Foodborne illness education and outreach competitive grants
program.
SEC. 2. FINDINGS.
(1) the safety of the food supply of the United States is vital to--
(A) the health of the citizens of the United States;
(B) the preservation of the confidence of those citizens in the
food supply of the United States; and
(C) the success of the food sector of the United States economy;
(2) the United States has the safest food supply in the world, and
maintaining a secure domestic food supply is imperative for the national
security of the United States;
(3) in a report published by the Government Accountability Office
in January 2007, the Comptroller General of the United States described
food safety oversight as 1 of the 29 high-risk program areas of the
Federal Government; and
(4) the task of preserving the safety of the food supply of the United
States is complicated by pressures relating to--
(A) food products that are smuggled or imported into the United
States without being screened, monitored, or inspected as required
by law; and
(B) the need to improve the enforcement of the United States in
reducing the quantity of food products that are--
(i) smuggled into the United States; and
(ii) imported into the United States without being screened, monitored,
or inspected as required by law.
SEC. 3. DEFINITIONS.
(1) ADMINISTRATION- The term `Administration' means the Food and Drug
Administration.
(2) ADMINISTRATOR- The term `Administrator' means the Administrator
of the Animal and Plant Health Inspection Service.
(3) DEPARTMENT- The term `Department' means the Department of Agriculture.
(4) FOOD DEFENSE THREAT- The term `food defense threat' means any
intentional contamination, including any disease, pest, or poisonous
agent, that could adversely affect the safety of human or animal food
products.
(5) SMUGGLED FOOD PRODUCT- The term `smuggled food product' means
a prohibited human or animal food product that a person fraudulently
brings into the United States.
(6) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
SEC. 4. FOOD SAFETY TRAINING, PERSONNEL, AND COORDINATION.
(A) AGRICULTURAL SPECIALISTS-
(i) ESTABLISHMENT- The Secretary shall establish training programs
to educate each Federal employee who is employed in a position
described in section 421(g) of the Homeland Security Act of 2002
(6 U.S.C. 231(g)) on issues relating to food safety and agroterrorism.
(ii) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subparagraph $1,700,000.
(B) CROSS-TRAINING OF EMPLOYEES OF UNITED STATES CUSTOMS AND BORDER
PROTECTION-
(i) ESTABLISHMENT- The Secretary shall establish training programs
to educate border patrol agents employed by the United States
Customs and Border Protection of the Department of Homeland Security
about identifying human, animal, and plant health threats and
referring the threats to the appropriate agencies.
(ii) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subparagraph $4,800,000.
(2) ILLEGAL IMPORT DETECTION PERSONNEL- Subtitle G of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6981 et seq.)
is amended by adding at the end the following:
`SEC. 263. FOOD SAFETY PERSONNEL AND TRAINING.
`(a) Additional Employees- Not later than 2 years after the date of
enactment of the Ending Agricultural Threats: Safeguarding America's
Food for Everyone (EAT SAFE) Act of 2007, the Secretary shall hire a
sufficient number of employees to increase the number of full-time field
investigators, import surveillance officers, support staff, analysts,
and compliance and enforcement experts employed by the Food Safety and
Inspection Service as of October 1, 2007, by 100 employees, in order
to--
`(1) provide additional detection of food defense threats;
`(2) detect, track, and remove smuggled human food products from commerce;
and
`(3) impose penalties on persons or organizations that threaten the
food supply.
`(b) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $10,000,000.'.
(b) Administration- Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:
`SEC. 417. FOOD SAFETY PERSONNEL AND TRAINING.
`(a) In General- Not later than 2 years after the date of enactment
of the Ending Agricultural Threats: Safeguarding America's Food for
Everyone (EAT SAFE) Act of 2007, the Administration shall hire a sufficient
number of employees to increase the number of full-time field investigators,
import surveillance officers, support staff, analysts, and compliance
and enforcement experts employed by the Administration as of October
1, 2007, by 150 employees, in order to--
`(1) provide additional detection of food defense threats;
`(2) detect, track, and remove smuggled food products from commerce;
and
`(3) impose penalties on persons or organizations that threaten the
food supply.
`(b) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $15,000,000.'.
(c) Coordination of Federal Agencies- Section 411(b) of the Homeland
Security Act of 2002 (6 U.S.C. 211(b)) is amended by adding at the end
the following:
`(4) COORDINATION OF FEDERAL AGENCIES- The Commissioner of United
States Customs and Border Protection, in coordination with the Secretary
of Agriculture and the Commissioner of Food and Drugs, shall conduct
activities to target, track, and inspect shipments that--
`(A) contain human and animal food products; and
`(B) are imported into the United States.'.
SEC. 5. REPORTING OF SMUGGLED FOOD PRODUCTS.
(A) IN GENERAL- Not later than 3 days after the date on which the
Department identifies a smuggled food product, the Secretary shall
provide to the public notification describing the food product identified
by the Department and, if available, the individual or entity that
smuggled the food product.
(B) REQUIRED FORMS OF NOTIFICATION- The Secretary shall provide
public notification under subparagraph (A) through--
(i) a news release of the Department for each smuggled food product
identified by the Department;
(ii) a description of each smuggled food product on the website
of the Department;
(iii) the management of a periodically updated list that contains
a description of each individual or entity that smuggled the food
product identified by the Secretary under subparagraph (A); and
(iv) any other appropriate means, as determined by the Secretary.
(2) NOTIFICATION TO DEPARTMENT OF HOMELAND SECURITY- Not later than
30 days after the date on which the Department identifies a smuggled
food product, the Secretary shall provide to the Department of Homeland
Security notification of the smuggled food product.
(A) IN GENERAL- Not later than 3 days after the date on which the
Administration identifies a smuggled food product, the Secretary
of Health and Human Services shall provide to the public notification
describing the smuggled food product identified by the Administration
and, if available, the individual or entity that smuggled the food
product.
(B) REQUIRED FORMS OF NOTIFICATION- The Secretary of Health and
Human Services shall provide public notification under subparagraph
(A) through--
(i) a press release of the Administration for each smuggled food
product identified by the Administration;
(ii) a description of each smuggled food product on the website
of the Administration;
(iii) the management of a periodically updated list that contains
a description of each individual or entity that smuggled the food
product identified by the Secretary of Health and Human Services
under subparagraph (A); and
(iv) any other appropriate means, as determined by the Secretary
of Health and Human Services.
(2) NOTIFICATION TO DEPARTMENT OF HOMELAND SECURITY- Not later than
30 days after the date on which the Administration identifies a smuggled
food product, the Secretary of Health and Human Services shall provide
to the Department of Homeland Security notification of the smuggled
food product.
SEC. 6. CIVIL PENALTIES RELATING TO ILLEGALLY IMPORTED MEAT AND POULTRY
PRODUCTS.
(a) Meat Products- Section 20(b) of the Federal Meat Inspection Act
(21 U.S.C. 620(b)) is amended--
(1) by striking `(b) The Secretary' and inserting the following:
`(b) Destruction; Civil Penalties-
`(1) DESTRUCTION- The Secretary'; and
(2) by adding at the end the following:
`(2) CIVIL PENALTIES- Each individual or entity that fails to present
each meat article that is the subject of the importation of the individual
or entity to an inspection facility approved by the Secretary shall
be liable for a civil penalty assessed by the Secretary in an amount
not to exceed $25,000 for each meat article that the individual or
entity fails to present to the inspection facility.'.
(b) Poultry Products- Section 12 of the Poultry Products Inspection
Act (21 U.S.C. 461) is amended--
(1) by striking the section heading and all that follows through `(a)
Any person' and inserting the following:
`SEC. 12. PENALTIES.
`(a) Penalties Relating to the Violation of Certain Sections-
`(1) IN GENERAL- Any person'; and
(2) in subsection (a) (as amended by paragraph (1)), by adding at
the end the following:
`(2) FAILURE TO PRESENT POULTRY PRODUCTS AT DESIGNATED INSPECTION
FACILITIES- Each individual or entity that fails to present each poultry
product that is the subject of the importation of the individual or
entity to an inspection facility approved by the Secretary shall be
liable for a civil penalty assessed by the Secretary in an amount
not to exceed $25,000 for each poultry product that the individual
or entity fails to present to the inspection facility.'.
(c) Egg Products- Section 12 of the Egg Products Inspection Act (21
U.S.C. 1041) is amended--
(1) by striking the section heading and all that follows through `(a)
Any person' and inserting the following:
`SEC. 12. PENALTIES.
`(a) Penalties Relating to the Violation of Certain Prohibited Actions-
`(1) IN GENERAL- Any person'; and
(2) in subsection (a) (as amended by paragraph (1)), by adding at
the end the following:
`(2) FAILURE TO PRESENT EGG PRODUCTS AT DESIGNATED INSPECTION FACILITIES-
Each individual or entity that fails to present each egg product that
is the subject of the importation of the individual or entity to an
inspection facility approved by the Secretary shall be liable for
a civil penalty assessed by the Secretary in an amount not to exceed
$25,000 for each egg product that the individual or entity fails to
present to the inspection facility.'.
SEC. 7. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF TEST RESULTS.
(a) In General- Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.), as amended by section 4(b), is amended by adding
at the end the following:
`SEC. 418. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF TEST RESULTS.
`(a) Definition of Food Safety Lab- In this section, the term `food
safety lab' means an establishment that conducts testing, on behalf
of an importer through a contract or other arrangement, to ensure the
safety of articles of food.
`(b) Certification Requirement-
`(1) IN GENERAL- A food safety lab shall submit to the Secretary an
application for certification. Upon review, the Secretary may grant
or deny certification to the food safety lab.
`(2) CERTIFICATION STANDARDS- The Secretary shall establish criteria
and methodologies for the evaluation of applications for certification
submitted under paragraph (1). Such criteria shall include the requirements
that a food safety lab--
`(A) be accredited as being in compliance with standards set by
the International Organization for Standardization;
`(B) agree to permit the Secretary to conduct an inspection of the
facilities of the food safety lab and the procedures of such lab
before making a certification determination;
`(C) agree to permit the Secretary to conduct routine audits of
the facilities of the food safety lab to ensure ongoing compliance
with accreditation and certification requirements;
`(D) submit with such application a fee established by the Secretary
in an amount sufficient to cover the cost of application review,
including inspection under subparagraph (B); and
`(E) agree to submit to the Secretary, in accordance with the process
established under subsection (c), the results of tests conducted
by such food safety lab on behalf of an importer.
`(c) Submission of Test Results- The Secretary shall establish a process
by which a food safety lab certified under this section shall submit
to the Secretary the results of all tests conducted by such food safety
lab on behalf of an importer.'.
(b) Enforcement- Section 303(f) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 333(f)) is amended--
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (5),
(6), and (7), respectively;
(2) by inserting after paragraph (2) the following:
`(3) An importer (as defined in section 418) shall be subject to a civil
penalty in an amount not to exceed $25,000 if such importer knowingly
engages in the falsification of test results submitted to the Secretary
by a food safety lab certified under section 418.
`(4) A food safety lab certified under section 418 shall be subject
to a civil penalty in an amount not to exceed $25,000 for knowingly
submitting to the Secretary false test results under section 418.';
(3) in paragraph (2)(C), by striking `paragraph (3)(A)' and inserting
`paragraph (5)(A)';
(4) in paragraph (4), as so redesignated, by striking `paragraph (1)
or (2)' each place it appears and inserting `paragraph (1), (2), (3),
or (4)'; and
(5) in paragraph (6), as so redesignated, by striking `paragraph (4)'
each place it appears and inserting `paragraph (6)'.
SEC. 8. DATA SHARING.
(a) Department of Agriculture Memoranda of Understanding- The Secretary
shall ensure that the agencies within the Department of Agriculture,
including the Food Safety and Inspection Service, the Agricultural Research
Service, and the Animal and Plant Health Inspection Service, enter into
a memorandum of understanding to ensure the timely and efficient sharing
of all information collected by such agencies related to foodborne pathogens,
contaminants, and illnesses.
(b) Interagency Memorandum of Understanding- The Secretary, in collaboration
with the Secretary of Health and Human Services, shall enter into a
memorandum of understanding between the agencies within the Department
of Agriculture, including those described in subsection (a), and the
agencies within the Department of Health and Human Services, including
the Centers for Disease Control and Prevention and the Food and Drug
Administration, to ensure the timely and efficient sharing of all information
collected by such agencies related to foodborne pathogens, contaminants,
and illnesses.
SEC. 9. PUBLIC NOTICE REGARDING RECALLED FOOD PRODUCTS.
(1) NEWS RELEASES REGARDING RECALLED FOOD PRODUCTS-
(A) IN GENERAL- On the date on which a human or animal food product
regulated by the Department is voluntarily recalled, the Secretary
shall provide to the public a news release describing the human
or animal food product.
(B) CONTENTS- Each news release described in subparagraph (A) shall
contain a comprehensive list of each human and animal food product
regulated by the Department that is voluntarily recalled.
(2) WEBSITE- The Secretary shall modify the website of the Department
to contain--
(A) not later than 1 business day after the date on which a human
or animal food product regulated by the Department is voluntarily
recalled, a news release describing the human or animal food product;
(B) if available, an image of each human and animal food product
that is the subject of a news release described in subparagraph
(A); and
(C) not later than 90 days after the date of enactment of this Act,
a search engine that--
(i) is consumer-friendly, as determined by the Secretary; and
(ii) provides a means by which an individual could locate each
human and animal food product regulated by the Department that
is voluntarily recalled.
(3) STATE-ISSUED AND INDUSTRY PRESS RELEASES- To meet the requirement
under paragraph (1)(A), the Secretary--
(A) may provide to the public a press release issued by a State;
and
(B) shall not provide to the public a press release issued by a
private industry entity in lieu of a press release issued by the
Federal Government or a State.
(4) PROHIBITION ON DELEGATION OF DUTY- The Secretary may not delegate,
by contract or otherwise, the duty of the Secretary--
(A) to provide to the public a news release under paragraph (1);
and
(B) to make any required modification to the website of the Department
under paragraph (2).
(1) PRESS RELEASES REGARDING RECALLED FOOD PRODUCTS-
(A) IN GENERAL- On the date on which a human or animal food product
regulated by the Administration is voluntarily recalled, the Secretary
of Health and Human Services shall provide to the public a press
release describing the human or animal food product.
(B) CONTENTS- Each press release described in subparagraph (A) shall
contain a comprehensive list of each human and animal food product
regulated by the Administration that is voluntarily recalled.
(2) WEBSITE- The Secretary of Health and Human Services shall modify
the website of the Administration to contain--
(A) not later than 1 business day after the date on which a human
or animal food product regulated by the Administration is voluntarily
recalled a press release describing the human or animal food product;
(B) if available, an image of each human and animal food product
that is the subject of a press release described in subparagraph
(A); and
(C) not later than 90 days after the date of enactment of this Act,
a search engine that--
(i) is consumer-friendly, as determined by the Secretary of Health
and Human Services; and
(ii) provides a means by which an individual could locate each
human and animal food product regulated by the Administration
that is voluntarily recalled.
(3) STATE-ISSUED AND INDUSTRY PRESS RELEASES- For purposes of meeting
the requirement under paragraph (1)(A), the Secretary of Health and
Human Services--
(A) may provide to the public a press release issued by a State;
and
(B) may not provide to the public a press release issued by a private
industry entity in lieu of a press release issued by a State or
the Federal Government.
(4) PROHIBITION ON DELEGATION OF DUTY- The Secretary of Health and
Human Services may not delegate, by contract or otherwise, the duty
of the Secretary of Health and Human Services--
(A) to provide to the public a press release under paragraph (1);
and
(B) to make any required modification to the website of the Administration
under paragraph (2).
SEC. 10. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE GRANTS
PROGRAM.
Title IV of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end
the following:
`SEC. 412. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE GRANTS
PROGRAM.
`(a) Definitions- In this section:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator
of the Food Safety and Inspection Service.
`(2) COMMISSIONER- The term `Commissioner' means the Commissioner
of Food and Drugs.
`(3) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) the government of a State (including a political subdivision
of a State);
`(B) an educational institution;
`(C) a private for-profit organization;
`(D) a private non-profit organization; and
`(E) any other appropriate individual or entity, as determined by
the Secretary.
`(b) Establishment- The Secretary (acting through the Administrator
of the Cooperative State Research, Education, and Extension Service),
in consultation with the Administrator and the Commissioner, shall establish
and administer a competitive grant program to provide grants to eligible
entities to enable the eligible entities to carry out educational outreach
partnerships and programs to provide to health providers, patients,
and consumers information to enable those individuals and entities--
`(A) foodborne illness as a serious public health issue; and
`(B) each symptom of foodborne illness to ensure the proper treatment
of foodborne illness;
`(A) the potential for contamination of human and animal food products
during each phase of the production of human and animal food products;
and
`(B) the importance of using techniques that help ensure the safe
handling of human and animal food products; and
`(3) to assess the risk of foodborne illness to ensure the proper
selection by consumers of human and animal food products.
`(c) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $3,500,000 for fiscal year 2008 and each fiscal
year thereafter.'.
END
