108th CONGRESS
1st Session
H. R. 2203
To clarify the authority of the Secretary of Agriculture to prescribe
performance standards for the reduction of pathogens in meat, meat products,
poultry, and poultry products processed by establishments receiving inspection
services and to enforce the Hazard Analysis and Critical Control Point (HACCP)
System requirements, sanitation requirements, and the performance standards.
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Ms. ESHOO (for herself, Mr. ENGLISH, Ms. DELAURO, Mr. GEORGE MILLER of California,
Mrs. NAPOLITANO, Ms. BALDWIN, Mr. UDALL of New Mexico, Ms. SLAUGHTER, Ms.
CORRINE BROWN of Florida, Mr. BROWN of Ohio, and Mr. WAXMAN) 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
A BILL
To clarify the authority of the Secretary of Agriculture to prescribe
performance standards for the reduction of pathogens in meat, meat products,
poultry, and poultry products processed by establishments receiving inspection
services and to enforce the Hazard Analysis and Critical Control Point (HACCP)
System requirements, sanitation requirements, and the performance standards.
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 Pathogen Reduction and Enforcement
Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The primary purpose of the Federal meat and poultry inspection program
is to protect public health.
(2) The Centers for Disease Control and Prevention report that human pathogens
found in raw and cooked meat, meat products, poultry, and poultry products
are a significant source of foodborne illness.
(3) To reduce the public health burden of foodborne illness, the Federal
meat and poultry inspection system should focus on reducing the risk of
foodborne illness associated with the presence of foodborne pathogens through--
(A) establishment and enforcement of performance standards for the reduction
of pathogens in meat, meat products, poultry, and poultry products processed
by establishments receiving inspection services; and
(B) enforcement of the Hazard Analysis and Critical Control Point (HACCP)
System requirements and sanitation requirements.
(4) Good public health practice requires controlling pathogens as close
as practicable to the initial source of contamination to reduce pathogens
and prevent foodborne illness.
(5) There is a need for strong safeguards at slaughter establishments during
the slaughter and processing of meat and meat products because those establishments
are where pathogen contamination often originates.
(6) While proper handling and cooking of meat and poultry products can virtually
eliminate the risk of foodborne illness from the consumption of meat and
poultry, the presence of pathogens in raw meat and poultry products leads
to cross-contamination of other foods and surrounding surfaces.
(7) To reduce the risk of foodborne illness and protect public health, regulatory
authorities and all parties involved in the production and handling of meat,
meat products, poultry, or poultry products should make a concerted effort
to reduce, to the maximum extent practicable, contamination by pathogens
using the best available scientific information and appropriate technology.
(8) The distribution of meat, meat products, poultry, or poultry products
that contain human pathogens--
(A) impairs the effective regulation of wholesome meat, meat products,
poultry, or poultry products in interstate and foreign commerce; and
(B) destroys markets for wholesome products.
(9) All articles and other animals that are subject to this Act and the
amendments made by this Act are either in or substantially affect interstate
or foreign commerce.
(10) Regulation by the Secretary of Agriculture and cooperation by the States
are necessary to prevent or eliminate burdens on interstate or foreign commerce
and to protect the health and welfare of consumers.
SEC. 3. PATHOGEN PERFORMANCE STANDARDS.
(a) MEAT AND MEAT PRODUCTS- The Federal Meat Inspection Act (21 U.S.C. 601
et seq.) is amended by inserting after section 8 (21 U.S.C. 608) the following
new section:
`SEC. 8A. PATHOGEN PERFORMANCE STANDARDS.
`(a) IN GENERAL- In order to protect the public health and promote food safety,
the Secretary shall prescribe performance standards for the reduction of pathogens
in raw meat and meat products processed by each establishment receiving inspection
services under this Act.
`(1) IN GENERAL- In consultation with the Secretary of Health and Human
Services, and taking into account data available from the Centers for Disease
Control and Prevention, the Secretary shall identify the pathogens that
make a significant contribution to the total burden of foodborne disease
associated with meat and meat products.
`(2) PUBLICATION; UPDATES- The Secretary shall--
`(A) publish a list of the pathogens described in paragraph (1) not later
than 60 days after the date of the enactment of this section; and
`(B) update and publish the list annually thereafter.
`(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this section, the Secretary shall initiate comprehensive, statistically
representative surveys to determine the current levels and incidence of
contamination of raw meat and meat products with the pathogens listed under
subsection (b), including the variation in levels and incidence of contamination
among establishments.
`(2) PUBLICATION- Not later than 2 years after the date of the enactment
of this section, the Secretary shall compile, and publish in the Federal
Register, the results of the surveys.
`(3) UPDATES- At least once every 3 years after the preceding surveys are
conducted, the Secretary shall--
`(A) conduct surveys described in paragraph (1); and
`(B) compile and publish the results of the surveys in accordance with
paragraph (2).
`(d) PATHOGEN REDUCTION PERFORMANCE STANDARDS-
`(1) IN GENERAL- The pathogen reduction performance standards required under
subsection (a) shall ensure the lowest level or incidence of contamination
that is reasonably achievable using the best available processing technology
and practices.
`(2) CURRENT CONTAMINATION- In determining what is reasonably achievable,
the Secretary shall consider data on current levels or incidence of contamination,
including what is being achieved by establishments in the upper quartile
of performance in controlling the level or incidence of contamination.
`(3) INITIAL PATHOGENS- Not later than 3 years after the date of the enactment
of this section, the Secretary shall propose pathogen reduction performance
standards for at least 2 pathogens from the list published under subsection
(b).
`(4) SUBSEQUENT PATHOGENS- Not later than 1 year after proposing pathogen
reduction standards for the initial pathogens under paragraph (3), and each
year thereafter, the Secretary shall propose a pathogen reduction performance
standard for at least 1 pathogen each year from the list published under
subsection (b) until standards have been proposed for all pathogens on the
list.
`(5) FINAL STANDARDS- Not later than 1 year after proposing a pathogen reduction
standard for a pathogen under this subsection, the Secretary shall promulgate
a final pathogen reduction standard for the pathogen.
`(6) ZERO-TOLERANCE STANDARDS- Nothing in this section affects the authority
of the Secretary to establish a zero-tolerance pathogen reduction performance
standard.
`(e) REVIEW OF STANDARDS-
`(1) IN GENERAL- Not later than 3 years after promulgation of a final pathogen
reduction performance standard for a pathogen under subsection (d)(5), the
Secretary shall review the 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 practices,
taking into account the most recent surveys conducted under subsection (c).
`(2) REVISIONS- The Secretary shall revise the standard, as necessary, to
comply with subsection (d).
`(1) IN GENERAL- The Secretary shall conduct regular microbial testing in
establishments producing raw meat and meat products to determine compliance
with the pathogen reduction performance standards promulgated under this
section.
`(2) INSPECTIONS- If the Secretary determines that an establishment fails
to meet a standard promulgated under subsection (d) and that the
establishment fails to take appropriate corrective action, as determined
by the Secretary, the Secretary shall refuse to allow any meat or meat product
subject to the standard and processed by the establishment to be labeled,
marked, stamped or tagged as `inspected and passed'.
`(g) REPORT ON HEALTH-BASED PATHOGEN PERFORMANCE STANDARDS-
`(1) IN GENERAL- Not later than 1 year after the date of the enactment of
this section, the Secretary, in consultation with the Secretary of Health
and Human Services, shall submit to Congress a report on the scientific
feasibility of establishing health-based performance standards for pathogens
in raw meat and meat products.
`(2) FACTORS- In preparing the report, the Secretary shall consider--
`(A) the scientific feasibility of determining safe levels for pathogens
in raw meat and meat products;
`(B) the scientific and public health criteria that are relevant to determining
the safe levels; and
`(C) other factors determined by the Secretary.
`(h) RELATIONSHIP TO ADULTERATION PROVISIONS- Nothing in this section affects
the applicability to pathogens of the provisions of this Act relating to adulteration.'.
(b) POULTRY AND POULTRY PRODUCTS- The Poultry Products Inspection Act (21
U.S.C. 451 et seq.) is amended by inserting after section 7 (21 U.S.C. 456)
the following new section:
`SEC. 7A. PATHOGEN PERFORMANCE STANDARDS.
`(a) IN GENERAL- In order to protect the public health and promote food safety,
the Secretary shall prescribe pathogen performance standards for the reduction
of pathogens in raw poultry and poultry products processed by each establishment
receiving inspection services under this Act.
`(1) IN GENERAL- In consultation with the Secretary of Health and Human
Services, and taking into account data available from the Centers for Disease
Control and Prevention, the Secretary shall identify the pathogens that
make a significant contribution to the total burden of foodborne disease
associated with poultry and poultry products.
`(2) PUBLICATION; UPDATES- The Secretary shall--
`(A) publish a list of the pathogens described in paragraph (1) not later
than 60 days after the date of the enactment of this section; and
`(B) update and publish the list annually thereafter.
`(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this section, the Secretary shall initiate comprehensive, statistically
representative surveys to determine the current levels and incidence of
contamination of raw poultry and poultry products with the pathogens listed
under subsection (b), including the variation in levels and incidence of
contamination among establishments.
`(2) PUBLICATION- Not later than 2 years after the date of the enactment
of this section, the Secretary shall compile, and publish in the Federal
Register, the results of the surveys.
`(3) UPDATES- At least once every 3 years after the preceding surveys are
conducted, the Secretary shall--
`(A) conduct surveys described in paragraph (1); and
`(B) compile and publish the results of the surveys in accordance with
paragraph (2).
`(d) PATHOGEN REDUCTION PERFORMANCE STANDARDS-
`(1) IN GENERAL- The pathogen reduction performance standards required under
subsection (a) shall ensure the lowest level or incidence of contamination
that is reasonably achievable using the best available processing technology
and practices.
`(2) CURRENT CONTAMINATION- In determining what is reasonably achievable,
the Secretary shall consider data on current levels or incidence of contamination,
including what is being achieved by establishments in the upper quartile
of performance in controlling the level or incidence of contamination.
`(3) INITIAL PATHOGENS- Not later than 3 years after the date of the enactment
of this section, the Secretary shall propose pathogen reduction performance
standards for at least 2 pathogens from the list published under subsection
(b).
`(4) SUBSEQUENT PATHOGENS- Not later than 1 year after proposing pathogen
reduction standards for the initial pathogens under paragraph (3), and each
year thereafter, the Secretary shall propose a pathogen reduction performance
standard
for at least 1 pathogen each year from the list published under subsection
(b) until standards have been proposed for all pathogens on the list.
`(5) FINAL STANDARDS- Not later than 1 year after proposing a pathogen reduction
standard for a pathogen under this subsection, the Secretary shall promulgate
a final pathogen reduction standard for the pathogen.
`(6) ZERO-TOLERANCE STANDARDS- Nothing in this section affects the authority
of the Secretary to establish a zero-tolerance pathogen reduction performance
standard.
`(e) REVIEW OF STANDARDS-
`(1) IN GENERAL- Not later than 3 years after promulgation of a final pathogen
reduction performance standard for a pathogen under subsection (d)(5), the
Secretary shall review the 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 practices,
taking into account the most recent surveys conducted under subsection (c).
`(2) REVISIONS- The Secretary shall revise the standard, as necessary, to
comply with subsection (d).
`(1) IN GENERAL- The Secretary shall conduct regular microbial testing in
establishments producing raw poultry and poultry products to determine compliance
with the pathogen reduction performance standards promulgated under this
section.
`(2) INSPECTIONS- If the Secretary determines that an establishment fails
to meet a standard promulgated under subsection (d) and that the
establishment fails to take appropriate corrective action, as determined
by the Secretary, the Secretary shall refuse to allow any poultry or poultry
product subject to the standard and processed by the establishment to be labeled,
marked, stamped or tagged as `inspected and passed'.
`(g) REPORT ON HEALTH-BASED PATHOGEN PERFORMANCE STANDARDS-
`(1) IN GENERAL- Not later than 1 year after the date of the enactment of
this section, the Secretary, in consultation with the Secretary of Health
and Human Services, shall submit to Congress a report on the scientific
feasibility of establishing health-based performance standards for pathogens
in raw poultry and poultry products.
`(2) FACTORS- In preparing the report, the Secretary shall consider--
`(A) the scientific feasibility of determining safe levels for pathogens
in raw poultry and poultry products;
`(B) the scientific and public health criteria that are relevant to determining
the safe levels; and
`(C) other factors determined by the Secretary.
`(h) RELATIONSHIP TO ADULTERATION PROVISIONS- Nothing in this section affects
the applicability to pathogens of the provisions of this Act relating to adulteration.'.
SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGY CRITERIA FOR FOODS.
(1) IN GENERAL- In consultation with the Secretary of Health and Human Services,
the Secretary of Agriculture (referred to in this section as the `Secretary')
shall establish a National Advisory Committee for Microbiology Criteria
for Foods (referred to in this section as the `Committee').
(2) ADMINISTRATION- The Committee shall report to--
(A) the Secretary of Agriculture, acting through the Under Secretary for
Food Safety; and
(B) the Secretary of Health and Human Services, acting through the Assistant
Secretary for Health.
(1) COMPOSITION- The Committee shall be composed of not fewer than 9 nor
more than 15 members appointed by the Secretary, including a Chairperson
designated by the Secretary.
(2) QUALIFICATIONS- In appointing members of the Committee, the Secretary
shall appoint individuals who--
(A) are qualified by education, training, and experience to evaluate scientific
and technical information on matters referred to the Committee; and
(B) to the maximum extent practicable, represent the fields of microbiology,
risk assessment, epidemiology, public health, food science, veterinary
medicine, and other relevant disciplines.
(3) PROHIBITION ON FEDERAL GOVERNMENT EMPLOYMENT- A member of the Committee
appointed under paragraph (1) shall not be an employee of the Federal Government.
(4) DATE OF APPOINTMENTS- The appointment of an initial member of the Committee
shall be made not later than 90 days after the date of the enactment of
this Act.
(5) TERM- A member of the Committee shall be appointed for a term established
by the Secretary.
(1) INITIAL MEETING- Not later than 30 days after the date on which all
members of the Committee have been appointed, the Committee shall hold the
initial meeting of the Committee.
(2) MEETINGS- The Committee shall meet at the call of the Chairperson, in
consultation with the Secretary.
(3) QUORUM- A majority of the members of the Committee shall constitute
a quorum, but a lesser number of members may hold hearings.
(4) CONFLICTS OF INTEREST-
(A) IN GENERAL- Notwithstanding sections 201 through 209 of title 18,
United States Code, a conflict of interest involving the appointment of
a member of the Committee shall be waived under section 208(b)(3) of that
title only if the member with the conflict of interest is essential to
the completion of the work of the Committee.
(B) VOTING- Notwithstanding subparagraph (A), a member of the Committee
with a conflict of interest on a matter before the Committee shall not
be allowed to vote on the matter.
(1) IN GENERAL- The Committee shall provide such independent, impartial,
scientific advice to Federal food safety agencies as may be requested by
the Secretary for use in the development of an integrated national food
safety systems approach from farm-to-final consumption to ensure the safety
of domestic, imported, and exported foods and reduce the public health burden
of foodborne illness.
(2) FOOD SAFETY STANDARDS AND REGULATIONS-
(A) IN GENERAL- At the time at which the Secretary submits to any Federal
agency for formal review and comment any standard or regulation proposed
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), or any program administered
by the Under Secretary for Food Safety, the Secretary shall make available
to the Committee--
(i) the standard or regulation; and
(ii) relevant scientific and technical information possessed by the
Secretary on which the proposed standard or regulation is based.
(B) ADVICE AND COMMENTS- Not later than a date specified by the Secretary
that is not later than 90 days after receipt of the standard or regulation,
the Committee may make available to the Secretary the advice and comments
of the Committee on the adequacy of the scientific and technical basis
for the proposed standard or regulation, together with any additional
information the Committee considers appropriate.
(C) CONTEMPORANEOUS REVIEW- To the maximum extent practicable, the review
by the Committee under subparagraph (A) shall be conducted contemporaneously
with review by other Federal agencies.
(1) HEARINGS- The Committee may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as the
Committee considers advisable to carry out this section.
(2) INFORMATION FROM FEDERAL AGENCIES-
(A) IN GENERAL- The Committee may secure directly from a Federal agency
such information as the Committee considers necessary to carry out this
section.
(B) PROVISION OF INFORMATION- On request of the Chairperson of the Committee,
the head of the agency shall provide the information to the Committee.
(3) SUBCOMMITTEES AND INVESTIGATIVE PANELS-
(A) IN GENERAL- The Committee may establish such subcommittees and investigative
panels as the Secretary and the Committee determine necessary to carry
out this section.
(B) CHAIRPERSON- Each subcommittee and investigative panel shall be chaired
by a member of the Committee.
(4) POSTAL SERVICES- The Committee may use the United States mails in the
same manner and under the same conditions as other agencies of the Federal
Government.
(5) GIFTS- The Committee may accept, use, and dispose of gifts or donations
of services or property.
(f) COMMITTEE PERSONNEL MATTERS-
(1) COMPENSATION OF MEMBERS- A member of the Committee shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties of the Committee.
(2) TRAVEL EXPENSES- A member of the Committee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of the member
in the performance of the duties of the Committee.
(A) IN GENERAL- The Chairperson of the Committee may, without regard to
the civil service laws (including regulations), appoint and terminate
an executive director and such other additional personnel as are necessary
to enable the Committee to perform the duties of the Committee.
(B) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive
director shall be subject to confirmation by the Committee.
(i) IN GENERAL- Except as provided in clause (ii), the Chairperson of
the Committee may fix the compensation of the executive director and
other personnel without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates.
(ii) MAXIMUM RATE OF PAY- The rate of pay for the executive director
and other personnel shall not exceed the rate payable for level V of
the Executive Schedule under section 5316 of title 5, United States
Code.
(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson
of the Committee may procure temporary and intermittent services in accordance
with section 3109(b) of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of that
title.
(g) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated such sums as are
necessary to carry out this section, to remain available until expended.
(2) EXISTING FUNDS- Any funds that are available to the National Advisory
Committee on Microbiological Criteria in existence on the date of the enactment
of this Act shall be made available to the Committee.
SEC. 5. ENFORCEMENT OF HACCP AND SANITATION REQUIREMENTS.
(a) IN GENERAL- The Secretary of Agriculture shall enforce the Hazard Analysis
and Critical Control Point (HACCP) System requirements established under part
417 of title 9, Code of Federal Regulations (or successor regulations), and
the sanitation requirements established under part 416 of title 9, Code of
Federal Regulations (or successor regulations), in any official establishment.
(1) IN GENERAL- If the Secretary determines that an establishment fails
to meet a requirement described in subsection (a) and that the establishment
fails to take appropriate corrective action, as determined by the Secretary,
the Secretary may refuse to allow any meat or meat product, or poultry or
poultry product, subject to the standard and processed by the establishment
to be labeled, marked, stamped or tagged as `inspected and passed'.
(2) ADDITIONAL AUTHORITY- The authority provided under paragraph (1) is
in addition to any other authority the Secretary may have to enforce the
requirements of this section.
SEC. 6. REGULATIONS.
(a) IN GENERAL- Consistent with section 553 of title 5, United States Code,
the Secretary of Agriculture shall have the authority to enforce the pathogen
performance standards of the Secretary in accordance with the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.).
(b) CHALLENGES- Subsection (a) does not prevent a challenge to the standards
described in subsection (a) on any basis other than the basis that the Secretary
lacks the authority to issue and enforce pathogen performance standards promulgated
in accordance with section 553 of title 5, United States Code.
(c) EFFECTIVE DATE- This section takes effect on January 1, 2000.
END
