| 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.''. <all>
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