Home > 108th Congressional Bills > H.R. 1004 (ih) To amend title XVIII of the Social Security Act to provide for payment under the Medicare Program for more frequent hemodialysis treatments. [Introduced in House] ...

H.R. 1004 (ih) To amend title XVIII of the Social Security Act to provide for payment under the Medicare Program for more frequent hemodialysis treatments. [Introduced in House] ...


Google
 
Web GovRecords.org







108th CONGRESS
  1st Session
                                H. R. 1003

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           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

_______________________________________________________________________

                                 A BILL


 
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).''.
                                 <all>

Pages: 1

Other Popular 108th Congressional Bills Documents:

1 S. 246 (rs) To provide that certain Bureau of Land Management land shall be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso in the State of New Mexico. [Reported in Senate] ...
2 H.Res. 713 (eh) [Engrossed in House] ...
3 H.R. 1376 (ih) To improve the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative. [Introduced in House] ...
4 S. 1569 (is) To amend title IV of the Employee Retirement Income Security Act of [Introduced in Senate] ...
5 S.Res. 117 (ats) Recognizing the 100th anniversary of the founding of the Laborers' International Union of North America, and congratulating members and officers of the Laborers' International Union of North America for the union's many achievements. [Agr...
6 S. 247 (is) To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes. [Introduced in Senate] ...
7 S. 1042 (rs) For the relief of Tchisou Tho. [Reported in Senate] ...
8 H.R. 530 (ih) For the relief of Tanya Andrea Goudeau. [Introduced in House] ...
9 H.R. 254 (ih) To authorize the President of the United States to agree to certain [Introduced in House] ...
10 H.R. 1417 (eh) To amend title 17, United States Code, to replace copyright arbitration royalty panels with Copyright Royalty Judges, and for other purposes. [Engrossed in House] ...
11 H.R. 3939 (ih) To redesignate the facility of the United States Postal Service located at 14-24 Abbott Road in Fair Lawn, New Jersey, as the ``Mary Ann Collura Post Office Building''. [Introduced in House] ...
12 S. 2145 (rs) To regulate the unauthorized installation of computer software, to require clear disclosure to computer users of certain computer software features that may pose a threat to user privacy, and for other purposes. [Reported in Senate] %%Filenam...
13 H.Con.Res. 172 (rfs) Supporting the 20th Annual National Tourism Week. [Referred in Senate] ...
14 S. 2641 (is) To recognize conservation efforts to restore the American bison from extinction by placing the image of the American bison on the nickel, and for other purposes. [Introduced in Senate] ...
15 H.R. 4620 (rds) To confirm the authority of the Secretary of Agriculture to collect approved State commodity assessments on behalf of the State from the proceeds of marketing assistance loans. [Received in the Senate] ...
16 H.R. 1304 (ih) To make college debt more affordable, and for other purposes. [Introduced in House] ...
17 H.R. 658 (enr) To provide for the protection of investors, increase confidence in the capital markets system, and fully implement the Sarbanes-Oxley Act of 2002 by streamlining the hiring process for certain employment positions in the Securities and Exch...
18 H.R. 1262 (ih) To implement or enhance consistent AMBER Alert plans throughout the country. [Introduced in House] ...
19 H.R. 3492 (ih) To amend title 38, United States Code, to allow claimants for benefits under laws administered by the Secretary of Veterans Affairs to pay fees for attorney services during any stage of the Department of Veterans Affairs claims process. [In...
20 S. 1421 (is) To authorize the subdivision and dedication of restricted land owned by Alaska Natives. [Introduced in Senate] ...
21 S. 323 (rs) To establish the Atchafalaya National Heritage Area, Louisiana. [Reported in Senate] ...
22 H.Res. 252 (ih) Expressing the sense of the House of Representatives supporting the United States in its efforts within the World Trade Organization (WTO) to end the European Union's protectionist and discriminatory trade practices of the past five years...
23 H.R. 503 (ih) To amend the Internal Revenue Code of 1986 to allow a credit for the production of oil and gas from domestic marginal wells and to extend the credit for alternative fuels. [Introduced in House] ...
24 H.R. 4989 (ih) To require an annual Department of State report on information relating to the promotion of religious freedom, democracy, and human rights in foreign countries by individuals, nongovernmental organizations, and the media in those countries,...
25 H.R. 5185 (ih) To temporarily extend the programs under the Higher Education Act of 1965. [Introduced in House] ...
26 S. 1467 (is) To establish the Rio Grande Outstanding Natural Area in the State of Colorado, and for other purposes. [Introduced in Senate] ...
27 H.Res. 368 (eh) [Engrossed in House] ...
28 H.R. 389 (rh) To authorize the use of certain grant funds to establish an information clearinghouse that provides information to increase public access to defibrillation in schools. [Reported in House] ...
29 H.R. 4199 (ih) To suspend temporarily the duty on 2,5-thiophenediybis(5-tert-butyl- 1,3-benzoxazole). [Introduced in House] ...
30 S. 890 (is) To amend the Individuals with Disabilities Education Act to provide [Introduced in Senate] ...


Other Documents:

108th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy