| 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] ...
108th CONGRESS 2d Session H. R. 5259 To establish the Food Safety Administration to protect the public health by preventing food-borne illness, ensuring the safety of food intended for human consumption, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 7, 2004 Ms. DeLauro (for herself, Ms. Slaughter, Ms. Lee, and Ms. Roybal- Allard) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, 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 establish the Food Safety Administration to protect the public health by preventing food-borne illness, ensuring the safety of food intended for human consumption, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Food Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION Sec. 101. Establishment of Food Safety Administration. Sec. 102. Consolidation of separate food safety and inspection services and agencies. Sec. 103. Additional duties of the Administration. TITLE II--ADMINISTRATION OF FOOD SAFETY PROGRAM Sec. 201. Administration of national program. Sec. 202. Registration of food establishments and foreign food establishments. Sec. 203. Preventative process controls to reduce adulteration of food. Sec. 204. Performance standards for contaminants in food. Sec. 205. Inspections of food establishments. Sec. 206. Food production facilities. Sec. 207. Federal and State cooperation. Sec. 208. Imports. Sec. 209. Resource plan. Sec. 210. Traceback. TITLE III--RESEARCH AND EDUCATION Sec. 301. Public health assessment system. Sec. 302. Public education and advisory system. Sec. 303. Research. TITLE IV--ENFORCEMENT Sec. 401. Prohibited acts. Sec. 402. Food detention, seizure, and condemnation. Sec. 403. Notification and recall. Sec. 404. Injunction proceedings. Sec. 405. Civil and criminal penalties. Sec. 406. Presumption. Sec. 407. Whistleblower protection. Sec. 408. Administration and enforcement. Sec. 409. Citizen civil actions. TITLE V--IMPLEMENTATION Sec. 501. Definition. Sec. 502. Reorganization plan. Sec. 503. Transitional authorities. Sec. 504. Savings provisions. Sec. 505. Conforming amendments. Sec. 506. Additional technical and conforming amendments. Sec. 507. Regulations. Sec. 508. Authorization of appropriations. Sec. 509. Limitation on authorization of appropriations. Sec. 510. Effective date. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the safety of the food supply of the United States is vital to the public health, to public confidence in the food supply, and to the success of the food sector of the Nation's economy; (2) lapses in the protection of the food supply and loss of public confidence in food safety are damaging to consumers and the food industry, and place a burden on interstate commerce; (3) the safety and security of the food supply requires an integrated, system-wide approach to preventing food-borne illness, a thorough and broad-based approach to basic and applied research, and intensive, effective, and efficient management of the Nation's food safety program; (4) the task of preserving the safety of the food supply of the United States faces tremendous pressures with regard to-- (A) emerging pathogens and other contaminants and the ability to detect all forms of contamination; (B) an aging and immune compromised population, with a growing number of people at high-risk for food- borne illnesses; (C) an increasing volume of imported food, without adequate monitoring and inspection; and (D) maintenance of rigorous inspection of the domestic food processing and food service industries; (5) Federal food safety standard setting, inspection, enforcement, and research efforts should be based on the best available science and public health considerations and food safety resources should be systematically deployed in ways that most effectively prevent food-borne illness; (6) the Federal food safety system is fragmented, with at least 12 Federal agencies sharing responsibility for food safety, and operates under laws that do not reflect current conditions in the food system or current scientific knowledge about the cause and prevention of food-borne illness; (7) the fragmented Federal food safety system and outdated laws preclude an integrated, system-wide approach to preventing food-borne illness, to the effective and efficient operation of the Nation's food safety program, and to the most beneficial deployment of food safety resources; (8) the National Academy of Sciences recommended in the report ``Ensuring Safe Food from Production to Consumption'' that Congress establish by statute a unified and central framework for managing Federal food safety programs, and recommended modifying Federal statutes so that inspection, enforcement, and research efforts are based on scientifically supportable assessments of risks to public health; and (9) the lack of a single focal point for food safety leadership in the United States undercuts the ability of the United States to exert food safety leadership internationally, which is detrimental to the public health and the international trade interests of the United States. (b) Purposes.--The purposes of this Act are-- (1) to establish a single agency to be known as the ``Food Safety Administration''-- (A) to regulate food safety and labeling to protect the public health; (B) to ensure that food establishments fulfill their responsibility to produce food in a manner that protects the public health of all people in the United States; (C) to lead an integrated, system-wide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness; and (D) to provide a single focal point for food safety leadership, both nationally and internationally; (2) to transfer to the Food Safety Administration the food safety, labeling, inspection, and enforcement functions that, as of the day before the effective date of this Act, are performed by other Federal agencies; and (3) to modernize the Federal food safety laws to achieve more effective application and efficient management of the laws for the protection and improvement of public health. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 101(a)(1). (2) Administrator.--The term ``Administrator'' means the Administrator of Food Safety appointed under section 101(a)(3). (3) Adulterated.-- (A) In general.--The term ``adulterated'' has the meaning described in subsections (a) through (c) of section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)-(c)). (B) Inclusion.--The term ``adulterated'' includes bearing or containing a contaminant that causes illness or death among sensitive populations. (4) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (5) Category 1 food establishment.--The term ``category 1 food establishment'' means a food establishment that routinely slaughters animals for human consumption. (6) Category 2 food establishment.--The term ``category 2 food establishment'' means a food establishment that processes raw meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and the processes of which do not include a step validated to destroy contaminants. (7) Category 3 food establishment.--The term ``category 3 food establishment'' means a food establishment that processes meat, poultry, seafood products, and other products that the Administrator determines by regulation to be at high risk of contamination and whose processes include a step validated to destroy contaminants. (8) Category 4 food establishment.--The term ``category 4 food establishment'' means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7). (9) Category 5 food establishment.--The term ``category 5 food establishment'' means a food establishment that stores, holds, or transports food products prior to delivery for retail sale. (10) Contaminant.--The term ``contaminant'' includes a bacterium, chemical, natural or manufactured toxin, virus, parasite, prion, physical hazard, or other human pathogen that when found on or in food can cause human illness, injury, or death. (11) Contamination.--The term ``contamination'' refers to a presence of a contaminant in food. (12) Food.-- (A) In general.--The term ``food'' means a product intended to be used for food or drink for a human. (B) Inclusions.--The term ``food'' includes any product (including a meat food product, as defined in section 1(j) of the Federal Meat Inspection Act (21 U.S.C. 601(j))), capable for use as human food that is made in whole or in part from any animal, including cattle, sheep, swine, or goat, or poultry (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453)). (C) Exclusion.--The term ``food'' does not include dietary supplements, as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)). (13) Food establishment.-- (A) In general.--The term ``food establishment'' means a slaughterhouse, factory, warehouse, or facility owned or operated by a person located in any State that processes food. (B) Exclusions.--For the purposes of registration, the term ``food establishment'' does not include a farm, restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3 of title 21, Code of Federal Regulations). (14) Food production facility.--The term ``food production facility'' means any farm, ranch, orchard, vineyard, aquaculture facility, confined animal-feeding operation, or animal feed production facility. (15) Food safety law.--The term ``food safety law'' means-- (A) the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) related to and requiring the safety, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food under that Act; (B) the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and of any other Act that are administered by the Center for Veterinary Medicine of the Food and Drug Administration; (C) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); (D) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (E) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); (F) the Sanitary Food Transportation Act of 1990 (49 U.S.C. App. 2801 et seq.); (G) the provisions of the Humane Methods of Slaughter Act of 1978 (Public Law 95-448) administered by the Food Safety and Inspection Service; (H) the provisions of this Act; and (I) such other provisions of law related to and requiring food safety, labeling, inspection, and enforcement as the President designates by Executive order as appropriate to include within the jurisdiction of the Administration. (16) Foreign food establishment.-- (A) In general.--The term ``foreign food establishment'' means a slaughterhouse, factory, warehouse, or facility located outside the United States that processes food that is imported into the United States without further processing or packaging inside the United States. (B) Further processing or packaging.--A food shall not be considered to have undergone further processing or packaging solely because labeling was added or a similar activity of a de minimis nature was carried out with respect to the food. (17) Interstate commerce.--The term ``interstate commerce'' has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)).
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