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 H.Con.Res. 388 (eh) [Engrossed in House] ...
2 H.Res. 221 (eh) [Engrossed in House] ...
3 H.R. 506 (rh) To provide for the protection of archaeological sites in the Galisteo Basin in New Mexico, and for other purposes. [Reported in House] ...
4 H.Res. 437 (rh) Waiving points of order against the conference report to accompany the [Reported in House] ...
5 H.Con.Res. 462 (rfs) Reaffirming unwavering commitment to the Taiwan Relations Act, and for other purposes. [Referred in Senate] ...
6 H.R. 4499 (ih) To amend the National Labor Relations Act to ensure that certain prevailing parties receive attorneys' fees. [Introduced in House] ...
7 H.Con.Res. 282 (enr) [Enrolled bill] ...
8 H.R. 1416 (rh) To make technical corrections to the Homeland Security Act of 2002. [Reported in House] ...
9 S. 2285 (rfh) To direct the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah. [Referred in House] ...
10 S. 246 (es) 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. [Engrossed in Senate] ...
11 H.R. 3058 (ih) To require the Secretary of the Treasury to analyze and report on the [Introduced in House] ...
12 S. 1617 (is) To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide comprehensive pension protection for women. [Introduced in Senate] ...
13 S. 1565 (is) To reauthorize the Native American Programs Act of 1974. [Introduced in Senate] ...
14 H.R. 5199 (ih) To amend the Family and Medical Leave Act of 1993 and title 5, United [Introduced in House] ...
15 S. 2544 (is) To provide for the certification of programs to provide uninsured employees of small businesses access to health coverage, and for other purposes. [Introduced in Senate] ...
16 S.J.Res. 18 (es) Commending the Inspectors General for their efforts to prevent and detect waste, fraud, abuse, and mismanagement, and to promote economy, efficiency, and effectiveness in the Federal Government during the past 25 years. [Engrossed in Sena...
17 S. 2046 (es) To authorize the exchange of certain land in Everglades National Park. [Engrossed in Senate] ...
18 H.Res. 849 (ih) Congratulating Wangari Maathai for winning the Nobel Peace Prize and commending her for her tireless work to promote sustainable development, democracy, peace, and women's rights in Africa. [Introduced in House] ...
19 H.R. 4071 (ih) To extend the time within which claims may be filed under the September 11th Victim Compensation Fund. [Introduced in House] ...
20 H.J.Res. 18 (ih) Making further continuing appropriations for the fiscal year 2003, and for other purposes. [Introduced in House] ...
21 S.Res. 241 (is) Expressing the sense of the Senate regarding the Palestinian Authority. [Introduced in Senate] ...
22 H.R. 1822 (rs) To designate the facility of the United States Postal Service located at 3751 West 6th Street in Los Angeles, California, as the ``Dosan Ahn Chang Ho Post Office''. [Reported in Senate] ...
23 S. 1197 (is) To amend the Public Health Service Act to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments. [Introduced in Senate] ...
24 S. 1505 (is) To establish a National Passenger Rail Office, and for other purposes. [Introduced in Senate] ...
25 S. 2729 (is) To encourage students to pursue graduate education and to assist students in affording graduate education. [Introduced in Senate] ...
26 H.R. 793 (ih) To amend the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements and rights-of-way on the Outer Continental Shelf for activities otherwise authorized by that Act. [Introduced in House] %%Filename:...
27 S. 2647 (rs) To establish a national ocean policy, to set forth the missions of the National Oceanic and Atmospheric Administration, to ensure effective interagency coordination, and for other purposes. [Reported in Senate] ...
28 S. 2322 (rs) To amend chapter 90 of title 5, United States Code, to include employees of the District of Columbia courts as participants in long term care insurance for Federal employees. [Reported in Senate] ...
29 H.R. 4969 (ih) To require the annual poverty estimate and the National Assessment of Educational Progress to be subject to certain guidance on the release of information to the public. [Introduced in House] ...
30 H.R. 192 (rs) To amend the Microenterprise for Self-Reliance Act of 2000 and the [Reported 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