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.

May 22, 2003

Mr. UDALL of New Mexico (for himself, Mrs. MCCARTHY of New York, Mr. BLUMENAUER, Mr. RYAN of Ohio, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Agriculture

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 cattle, sheep, swine, goats, horses, mules, or other equines covered by this Act.

`(b) NOTIFICATION REQUIRED-

`(1) NOTICE TO SECRETARY- A person that has reason to believe that a meat product transported, stored, distributed, or otherwise handled by the person is adulterated, misbranded, or otherwise 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) does not extend to household consumers of meat products and to such other persons as the Secretary may exempt.

`(c) VOLUNTARY NONDISTRIBUTION AND RECALL- If the Secretary finds that a meat product is adulterated, misbranded, or otherwise 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, as determined by the Secretary, that transported, stored, distributed, or otherwise handled the meat product with an opportunity to--

`(1) cease distribution of the meat product;

`(2) notify all persons transporting, storing, distributing, or otherwise handling the meat product, or to which the meat product has been transported, sold, distributed, or otherwise handled, 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 is, or may have been, distributed.

`(d) MANDATORY ACTIONS- If a person refuses to or 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 the person to immediately--

`(1) cease distribution of the meat product;

`(2) notify all persons transporting, storing, distributing, or otherwise handling the meat product, or to which the meat product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the meat product; and

`(3) recall the meat product or take other appropriate action.

`(e) NOTICE TO CONSUMERS- Whenever the Secretary orders a mandatory action under subsection (d), the Secretary shall also provide notice to consumers to whom the meat product was, or may have been, distributed, to the extent the Secretary considers necessary.

`(f) NONDISTRIBUTION BY NOTIFIED PERSONS- A person transporting, storing, distributing, or otherwise handling a meat product, or to which a meat product has been transported, sold, distributed, or otherwise handled, 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.'.

(b) DEFINITION OF PERSON- (1) Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following new subsection:

`(w) PERSON- The term `person' means any individual, partnership, corporation, association, or other business unit.'.

(2) 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.

(a) MANDATORY RECALLS AUTHORIZED- 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 transported, stored, distributed, or otherwise handled by the person is adulterated, misbranded, or otherwise 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) does not extend to household consumers of poultry products and to such other persons as the Secretary may exempt.

`(b) VOLUNTARY NONDISTRIBUTION AND RECALL- If the Secretary finds that a poultry product is adulterated, misbranded, or otherwise 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, as determined by the Secretary, that transported, stored, distributed, or otherwise handled the poultry product with an opportunity to--

`(1) cease distribution of the poultry product;

`(2) notify all persons transporting, storing, distributing, or otherwise handling the poultry product, or to which the poultry product has been transported, sold, distributed, or otherwise handled, 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 is, or may have been, distributed.

`(c) MANDATORY ACTIONS- If a person refuses to or 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 transporting, storing, distributing, or otherwise handling the poultry product, or to which the poultry product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the poultry product; and

`(3) recall the poultry product or take other appropriate action.

`(d) NOTICE TO CONSUMERS- Whenever the Secretary orders a mandatory action under subsection (c), the Secretary shall also provide notice to consumers to whom the poultry product was, or may have been, distributed, to the extent the Secretary considers necessary.

`(e) NONDISTRIBUTION BY NOTIFIED PERSONS- A person transporting, storing, distributing, or otherwise handling a poultry product, or to which a poultry product has been transported, sold, distributed, or otherwise handled, 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.'.

END