| Home > 106th Congressional Bills > H.R. 525 (ih) To provide for the defense of the environment, and for other purposes. [Introduced in House] ...
H.R. 525 (ih) To provide for the defense of the environment, and for other purposes. [Introduced in House] ...
the United States associated with the consumption of food; and (4) maintain a state-of-the-art DNA matching system and epidemiological system dedicated to food-borne illness identification, outbreaks, and containment. (b) Public Health Sampling.-- (1) In general.--Not later than 1 year after the effective date of this Act, the Administrator shall establish guidelines for a sampling system under which the Administrator shall take and analyze samples of food-- (A) to assist the Administrator in carrying out this Act; and (B) to assess the nature, frequency of occurrence, and quantities of contaminants in food. (2) Requirements.--The sampling system described in paragraph (1) shall provide-- (A) statistically valid monitoring, including market-based studies, on the nature, frequency of occurrence, and quantities of contaminants in food available to consumers; and (B) at the request of the Administrator, such other information, including analysis of monitoring and verification samples, as the Administrator determines may be useful in assessing the occurrence of contaminants in food. (c) Assessment of Health Hazards.-- (1) In general.--Through the surveillance system referred to in subsection (a) and the sampling system described in subsection (b), the Administrator shall-- (A) rank food categories based on the hazard to human health presented by the food category; (B) identify appropriate industry and regulatory approaches to minimize hazards in the food supply; and (C) assess the public health environment for emerging diseases, including zoonosis, for their risk of appearance in the United States food supply. (2) Components of analysis.--The analysis under subsection (b)(1) may include-- (A) a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially; (B) a comparison of the safety of food that is domestically processed with the health hazards associated with food that is processed outside the United States; (C) a description of contamination originating from handling practices that occur prior to or after the sale of food to consumers; and (D) use of comparative risk assessments. SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM. (a) Public Education.-- (1) In general.--The Administrator, in cooperation with private and public organizations, including the cooperative extension services and appropriate State and local entities, shall establish a national public education program on food safety. (2) Requirements.--The program shall provide-- (A) information to the public regarding Federal standards and best practices and promotion of public awareness, understanding, and acceptance of those standards and practices; (B) information for health professionals-- (i) to improve diagnosis and treatment of food-related illness; and (ii) to advise individuals at special risk for food-related illnesses; and (C) such other information or advice to consumers and other persons as the Administrator determines will promote the purposes of this Act. (b) Health Advisories.--The Administrator, in consultation with other Federal departments and agencies as the Administrator determines necessary, shall work with the States and other appropriate entities-- (1) to develop and distribute regional and national advisories concerning food safety; (2) to develop standardized formats for written and broadcast advisories; (3) to incorporate State and local advisories into the national public education program established under subsection (a); and (4) to present prompt, specific information regarding foods found to pose a threat to the public health. SEC. 303. RESEARCH. (a) In General.--The Administrator shall conduct research to carry out this Act, including studies-- (1) to improve sanitation and food safety practices in the processing of food; (2) to develop improved techniques to monitor and inspect food; (3) to develop efficient, rapid, and sensitive methods to detect contaminants in food; (4) to determine the sources of contamination of contaminated food; (5) to develop food consumption data; (6) to identify ways that animal production techniques could improve the safety of the food supply; and (7) to conduct other research that supports the purposes of this Act. (b) Contract Authority.--The Administrator may enter into contracts and agreements with any State, university, Federal Government agency, or person to carry out this section. TITLE IV--ENFORCEMENT SEC. 401. PROHIBITED ACTS. It is prohibited-- (1) to manufacture, introduce, deliver for introduction, or receive into interstate commerce any food that is adulterated, misbranded, or otherwise unsafe for human consumption; (2) to adulterate or misbrand any food in interstate commerce; (3) for a food establishment or foreign food establishment to fail to register under section 202, or to operate without a valid registration; (4) to refuse to permit access to a food establishment for the inspection and copying of a record as required under section 205(g); (5) to fail to establish or maintain any record or to make any report as required under section 205(g); (6) to refuse to permit entry to or inspection of a food establishment as required under section 205; (7) to fail to provide to the Administrator the results of a testing or sampling of a food, equipment, or material in contact with contaminated food under section 205(h); (8) to fail to comply with a provision, regulation, or order of the Administrator under section 202, 203, 204, or 208; (9) to slaughter an animal that is capable for use in whole or in part as human food at a food establishment processing any such food for commerce, except in compliance with the food safety law; (10) to transfer food in violation of an administrative detention order under section 402 or to remove or alter a required mark or label identifying the food as detained; (11) to fail to comply with a recall or other order under section 403; or (12) to otherwise violate the food safety law. SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNATION. (a) Administrative Detention of Food.-- (1) Expanded authority.--The Administrator shall have authority under section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) to administratively detain and seize any food that the Administrator has reason to believe is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of the food safety law. (2) Detention authority.--If, during an inspection conducted in accordance with section 205 or 208, an officer, employee, or agent of the Administration making the inspection has reason to believe that a domestic food, imported food, or food offered for import is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, the officer or employee may order the food detained. (3) Period of detention.-- (A) In general.--A food may be detained for a reasonable period, not to exceed 20 days, unless a longer period, not to exceed 30 days, is necessary for the Administrator to institute a seizure action. (B) Perishable food.--The Administrator shall provide by regulation for procedures to institute a seizure action on an expedited basis with respect to perishable food. (4) Security of detained food.-- (A) In general.--A detention order-- (i) may require that the food be labeled or marked as detained; and (ii) shall require that the food be removed to a secure facility, if appropriate. (B) Food subject to an order.--A food subject to a detention order shall not be transferred by any person from the place at which the food is removed, until released by the Administrator or until the expiration of the detention period applicable under the order, whichever occurs first. (C) Delivery of food.--This subsection does not authorize the delivery of a food in accordance with execution of a bond while the article is subject to the order. (b) Appeal of Detention Order.-- (1) In general.--A person who would be entitled to be a claimant for a food subject to a detention order if the food were seized under section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334), may appeal the order to the Administrator. (2) Action by the administrator.--Not later than 5 days after an appeal is filed under paragraph (1), the Administrator, after providing an opportunity for an informal hearing, shall confirm, modify, or terminate the order involved. (3) Final agency action.--Confirmation, modification, or termination by the Administrator under paragraph (2) shall be considered a final agency action for purposes of section 702 of title 5, United States Code. (4) Termination.--The order shall be considered to be terminated if, after 5 days, the Administrator has failed-- (A) to provide an opportunity for an informal hearing; or (B) to confirm, modify, or terminate the order. (5) Effect of instituting court action.--If the Administrator initiates an action under section 302 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 332) or section 304(a) of that Act (21 U.S.C. 334(a)), the process for the appeal of the detention order shall terminate. (c) Condemnation of Food.-- (1) In general.--After confirming a detention order, the Administrator may order the food condemned. (2) Destruction of food.--Any food condemned shall be destroyed under the supervision of the Administrator. (3) Release of food.--If the Administrator determines that, through reprocessing, relabeling, or other action, a detained food can be brought into compliance with this Act, the food may be released following a determination by the Administrator that the relabeling or other action as specified by the Administrator has been performed. (d) Temporary Holds at Ports of Entry.-- (1) In general.--If an officer or qualified employee of the Administration has reason to believe that a food is unsafe for human consumption, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, and the officer or qualified employee is unable to inspect, examine, or investigate the food when the food is offered for import at a port of entry into the United States, the officer or qualified employee shall request the Secretary of Homeland Security to hold the food at the port of entry for a reasonable period of time, not to exceed 24 hours, to enable the Administrator to inspect or investigate the food as appropriate. (2) Removal to secure facility.--The Administrator shall work in coordination with the Secretary of Homeland Security to remove a food held in accordance with paragraph (1) to a secure facility as appropriate. (3) Prohibition on transfer.--During the period in which the food is held, the food shall not be transferred by any person from the port of entry into the United States, or from the secure facility to which the food has been removed. (4) Delivery in accordance with a bond.--The delivery of the food in accordance with the execution of a bond while the food is held is not authorized. SEC. 403. NOTIFICATION AND RECALL. (a) Notice to Administrator of Violation.-- (1) In general.--A person (other than a household consumer or other individual who is the intended consumer of a food) that has reason to believe that any food introduced into or in interstate commerce, or held for sale (whether or not the first sale) after shipment in interstate commerce, may be in violation of the food safety law shall immediately notify the Administrator of the identity and location of the food. (2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Administrator may require by regulation. (b) Recall and Consumer Notification.-- (1) Voluntary actions.--If the Administrator determines that food is in violation of the food safety law when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and that there is a reasonable probability that the food, if consumed, would present a threat to public health, as determined by the Administrator, the Administrator shall give the appropriate persons (including the manufacturers, importers, distributors, or retailers of the food) an opportunity to-- (A) cease distribution of the food; (B) notify all persons-- (i) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (ii) to which the food has been distributed, transported, or sold, to immediately cease distribution of the food; (C) recall the food; (D) in conjunction with the Administrator, provide notice of the finding of the Administrator-- (i) to consumers to whom the food was, or may have been, distributed; and (ii) to State and local public health officials; or (E) take any combination of the measures described in this paragraph, as determined by the Administrator to be appropriate in the circumstances. (2) Mandatory actions.--If a person referred to in paragraph (1) refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the Administrator, the Administrator shall-- (A) have authority to control and possess the food, including ordering the shipment of the food from the food establishment to the Administrator-- (i) at the expense of the food establishment; or (ii) in an emergency (as determined by the Administrator), at the expense of the Administration; and (B) by order, require, as the Administrator
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