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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).''.
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