To expand the enforcement options under the Federal Meat Inspection Act and the Poultry Products Inspection Act to include the imposition of civil money penalties, and to amend the Federal Food, Drug, and Cosmetic Act to expand enforcement options to include such penalties with respect to meat and poultry.

February 27, 2003

Mrs. LOWEY (for herself, Mr. THOMPSON of Mississippi, Mr. BROWN of Ohio, Ms. DELAURO, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To expand the enforcement options under the Federal Meat Inspection Act and the Poultry Products Inspection Act to include the imposition of civil money penalties, and to amend the Federal Food, Drug, and Cosmetic Act to expand enforcement options to include such penalties with respect to meat and poultry.

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 `Meat and Poultry Inspection Accountability Act'.

SEC. 2. CIVIL PENALTIES FOR VIOLATION OF MEAT AND POULTRY INSPECTION LAWS.

(a) AUTHORITY TO ASSESS PENALTIES- The Secretary of Agriculture may assess, by written order, a civil penalty against a person who violates the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), including a regulation promulgated or order issued under such Acts. Each violation, and each day during which a violation continues, shall be a separate offense.

(b) AMOUNT AND FACTORS IN ASSESSING PENALTIES- The maximum amount that may be assessed under this section for a violation may not exceed $100,000. In determining the amount of the civil penalty, the Secretary of Agriculture shall take into account--

(1) the gravity of the violation;

(2) the degree of culpability;

(3) the size and type of the business; and

(4) any history of prior offenses under the Federal Meat Inspection Act or the Poultry Products Inspection Act.

(c) NOTICE AND OPPORTUNITY FOR HEARING- The Secretary of Agriculture shall not assess a civil penalty under this section against a person unless the person is given notice and opportunity for a hearing on the record before the Secretary in accordance with sections 554 and 556 of title 5, United States Code.

(d) JUDICIAL REVIEW-

(1) REVIEW- An order assessing a civil penalty against a person under subsection (a) may be reviewed only in accordance with this subsection.

(2) FINALITY- The order shall be final and conclusive unless the person--

(A) not later than 30 days after the effective date of the order, files a petition for judicial review in the United States court of appeals for the circuit in which the person resides or has its principal place of business or in the United States Court of Appeals for the District of Columbia; and

(B) simultaneously sends a copy of the petition by certified mail to the Secretary.

(3) FILING- The Secretary shall promptly file in the court a certified copy of the record on which the violation was found and the civil penalty assessed.

(e) COLLECTION ACTION FOR FAILURE TO PAY ASSESSMENT- If a person fails to pay a civil penalty after the order assessing the civil penalty has become final and unappealable, the Secretary shall refer the matter to the Attorney General, who shall bring a civil action to recover the amount of the civil penalty in United States district court. In the collection action, the validity and appropriateness of the order of the Secretary of Agriculture imposing the civil penalty shall not be subject to review.

(f) REFUSAL OR WITHDRAWAL OF INSPECTION PENDING PAYMENT- If a person fails to pay the amount of a civil penalty after the order assessing the civil penalty becomes final and unappealable, the Secretary of Agriculture may refuse to provide or withdraw inspection under title I of the Federal Meat Inspection Act or under the Poultry Products Inspection Act, as the case may be, until the civil penalty is paid or until the Secretary directs otherwise.

(g) PENALTIES IN LIEU OF OTHER ACTIONS- Nothing in the Federal Meat Inspection Act or the Poultry Products Inspection Act requires the Secretary of Agriculture to report for prosecution, or for the institution of an action, a violation of such Act if the Secretary believes that the public interest will be adequately served by assessment of a civil penalty under this section.

(h) ADDITIONAL REMEDIES- The remedies provided in this section shall be in addition to any other remedies that may be available.

(i) PERSON DEFINED- In this section, the term `person' means any individual, partnership, corporation, association, or other business unit.

SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT; CIVIL PENALTIES REGARDING MEAT AND POULTRY.

Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection:

`(h)(1) Any person who violates section 301 with respect to meat or poultry shall be liable to the United States for a civil penalty in an amount not to exceed $100,000. In determining the amount of the civil penalty, the Secretary shall take into account--

`(A) the gravity of the violation;

`(B) the degree of culpability;

`(C) the size and type of the business; and

`(D) any history of prior offenses under this Act with respect to food.

`(2) Paragraphs (3) through (5) of subsection (g) apply with respect to a civil penalty under this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under subsection (g).'.

END