Home > 106th Congressional Bills > H.R. 3629 (eh) To amend the Higher Education Act of 1965 to improve the program for American Indian Tribal Colleges and Universities under part A of title III. [Engrossed in House] ...H.R. 3629 (eh) To amend the Higher Education Act of 1965 to improve the program for American Indian Tribal Colleges and Universities under part A of title III. [Engrossed in House] ...
108th CONGRESS
1st Session
H. R. 3628
To amend the Federal Food, Drug, and Cosmetic Act to facilitate the
procurement of safe food by hospitals, nursing homes, schools, and
child care facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2003
Ms. Schakowsky introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to facilitate the
procurement of safe food by hospitals, nursing homes, schools, and
child care facilities.
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 ``National Food Safety Database Act of
2003''.
SEC. 2. ESTABLISHMENT OF FOOD SAFETY DATABASE.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended by adding at the end the following section:
``SEC. 416. SAFE FOOD SUPPLIER DATABASE FOR HOSPITALS, NURSING HOMES,
SCHOOLS, AND CHILD CARE FACILITIES.
``(a) In General.--
``(1) Availability of food safety information.--Through the
database under subsection (b), the Secretary, in coordination
with the Secretary of Agriculture and the heads of other
appropriate agencies, shall in accordance with this section
make available to eligible institutions food safety information
relating to food procurement by the institutions.
``(2) Eligible institutions.--For purposes of this section,
the term `eligible institutions' means--
``(A) hospitals, nursing homes, schools, and child
care facilities; and
``(B) such additional institutions as the Secretary
determines to be appropriate.
``(b) Electronic Database.--
``(1) Database.--For purposes of subsection (a), the
Secretary shall establish and maintain an electronic database
containing up-to-date food safety information. The Secretary
shall ensure that the database is in operation not later than
August 1, 2005.
``(2) Food safety information.--
``(A) In general.--Information is food safety
information for purposes of this section, and shall be
included in the database under paragraph (1), if the
information relates to food intended for human
consumption that, as determined by the Secretary--
``(i) is adulterated or misbranded; or
``(ii) is at risk of being or becoming
adulterated or misbranded as a result of the
conditions under which the food is
manufactured, processed, packed, transported,
or held.
``(B) Certain information.--Food information
required to be included in the database under paragraph
(1) includes information relating to enforcement
actions; findings by the Secretary regarding the
outbreak of food-borne illness; recalls of shipments;
findings by the Secretary, made in inspections of
facilities, that significant objectionable conditions
exist (relating to products or processes); and such
other information regarding food safety concerns as the
Secretary determines to be appropriate.
``(C) Registration of food facilities.--The second
and third sentences of section 415(a)(4) shall not
apply with respect to the inclusion of food safety
information in the database under paragraph (1).
``(D) Confidentiality.--In including an item of
information in the database under paragraph (1), the
Secretary shall electronically identify, in a manner
evident to users of the database, items that are
confidential.
``(c) Manner of Using Database.--
``(1) Authorization of state officials.--
``(A) In general.--Upon request of a State, the
Secretary shall authorize State officials and employees
to have access to the database under subsection (b),
subject to the State entering into an agreement with
the Secretary regarding the use of the database. The
Secretary may not provide such authorization for such
an official or employee unless the official or employee
is recommended by the State to be so authorized and--
``(i) is employed in a State agency that
administers a State law that regulates an
eligible institution; or
``(ii) is employed in the principal State
agency regarding public health.
``(B) State administration.--An agreement under
subparagraph (A) shall provide for the following:
``(i) State responsibilities regarding the
database under subsection (b) will be carried
out through State officials and employees
authorized under subparagraph (A).
``(ii) Except as provided in clause (iii),
the State officials or employees who carry out
database responsibilities regarding a type of
eligible institution will be officials or
employees of the State agency referred to in
subparagraph (A)(i) with respect to that type
of eligible institution.
``(iii) The activities of the State
regarding such database will be under the
general supervision of an official of
the principal State agency regarding public health.
``(2) Access of eligible institutions.--An agreement under
paragraph (1) shall provide for the following:
``(A) Upon request of an eligible institution in
the State, the State will authorize one or more
officials of the institution to receive food safety
information from the database.
``(B) Once an official of an eligible institution
has been so authorized, the State will--
``(i) through the Internet or, if the
eligible institution does not have Internet
access, through other electronic means, provide
to the official information in the database
that relates to food procurement by the
institution, as indicated by the sources from
which the institution obtains food; and
``(ii) in providing the information,
identify any items of information that are
considered confidential under subsection (f).
``(d) Interagency Task Force.--An interagency task force shall be
established for purposes of facilitating coordination among Federal
agencies pursuant to subsection (a)(1).
``(e) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
advisory committee to make recommendations to the Secretary
regarding the administration of this section, including
recommendations on the types of information needed by eligible
institutions to make informed decisions in purchasing food to
avoid the purchase of food that may be adulterated or
misbranded. Not later than six months after the date on which
the first meeting of the advisory committee occurs, the
committee, in consultation with the task force under subsection
(d), shall submit to the Secretary a report providing the
initial recommendations of the committee regarding the
information needed by eligible institutions to make such
informed decisions.
``(2) Composition.--The membership of the advisory
committee under paragraph (1) (referred to in this subsection
as the `advisory committee') shall include, at a minimum,
representatives of the following:
``(A) Anticipated users of the database, including
State public health officials.
``(B) Representatives of persons who manufacture,
process, pack, transport, or hold food.
``(C) Representatives of consumer groups.
``(D) Representatives of Federal agencies that have
significant responsibilities regarding food safety.
``(3) Reimbursement.--Members of the advisory committee may
not be compensated for service on the committee. Such members
may, in accordance with chapter 57 of title 5, United States
Code, be reimbursed for travel, subsistence, and other
necessary expenses incurred in carrying out the duties of the
committee.
``(4) Initial meeting.--The Secretary shall ensure that the
first meeting of the advisory committee occurs not later than
90 days after the effective date of this section.
``(f) Grants.--The Secretary may make grants to States for the
purpose of assisting the States with the costs of providing food safety
information to eligible institutions pursuant to agreements under
subsection (c)(1). The Secretary may authorize a State that receives
such a grant to use a portion of the grant to assist eligible
institutions in the State with the costs of obtaining and using food
safety information pursuant to subsection (c)(2).
``(g) Regulations.--
``(1) Program criteria.--The Secretary shall by regulation
establish criteria for the program under this section,
including criteria for the participation of States pursuant to
paragraph (1) of subsection (c) and the participation of
eligible institutions pursuant to paragraph (2) of such
subsection.
``(2) Confidentiality.--
``(A) In general.--Regulations under paragraph (1)
shall include--
``(i) criteria governing the access of
officials and employees of State agencies and
eligible institutions to confidential
information in the database under subsection
(b); and
``(ii) criteria for the use by such
officials and employees of such information,
including criteria regarding disclosure of the
information.
``(B) Civil penalty.--Any person who, in violation
of regulations under subparagraph (A), obtains or uses
confidential information from the database under
subsection (b) is liable to the United States for a
civil penalty in an amount to be determined by the
Secretary. Paragraphs (3) through (5) of section 303(g)
apply to a civil penalty under the preceding sentence
to the same extent and in the same manner as such
paragraphs apply to a civil penalty under such section.
``(h) Definitions.--For purposes of this section:
``(1) The term `child care facility' means any public or
nonprofit private organization that provides nonresidential
child care, or day care outside school hours for school
children.
``(2) The term `eligible institution' has the meaning given
such term in subsection (a)(2).
``(3) The term `food safety information' has the meaning
indicated for such term in subsection (b).
``(4) The term `hospital' has the meaning given such term
in section 1861(e) of the Social Security Act.
``(5) The term `nursing home' means a skilled nursing
facility as defined in section 1819(a) of the Social Security
Act.''.
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