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] ...

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        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.


    (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 
            (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.


    (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 
            (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


    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 
            (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.


    (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 
            (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 
    (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 
            (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 
            (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.


    (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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