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] ...


Google
 
Web GovRecords.org







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)).

Pages: 1 2 3 4 5 6 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 3023 (rs) To authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to convey property to the Greater Yuma Port Authority of Yuma County, Arizona, for use as an international port of entry. [Reported in Senate] %%Filename:...
2 S.Con.Res. 161 (enr) [Enrolled bill] ...
3 H.R. 4111 (ih) To amend the Internal Revenue Code of 1986 to suspend all motor fuel taxes for six months, and to permanently repeal the 4.3-cent per gallon increases in motor fuel taxes enacted in 1993. [Introduced in House] ...
4 H.R. 2296 (enr) To amend the Revised Organic Act of the Virgin Islands to provide that the number of members on the legislature of the Virgin Islands and the number of such members constituting a quorum shall be determined by the laws of the Virgin Island...
5 S. 869 (es) For the relief of Mina Vahedi Notash. [Engrossed in Senate] ...
6 H.Con.Res. 314 (eh) [Engrossed in House] ...
7 H.Res. 134 (ih) Supporting National Civility Week, Inc. in its efforts to restore civility, honesty, integrity, and respectful consideration in the United States. [Introduced in House] ...
8 S. 2872 (es) To improve the cause of action for misrepresentation of Indian arts and crafts. [Engrossed in Senate] ...
9 S.Con.Res. 92 (is) Applauding the individuals who were instrumental to the program of [Introduced in Senate] ...
10 H.J.Res. 45 (ih) Proposing an amendment to the Constitution of the United States to abolish the Federal income tax. [Introduced in House] ...
11 S. 614 (is) To provide for regulatory reform in order to encourage investment, business, and economic development with respect to activities conducted on Indian lands. [Introduced in Senate] ...
12 H.R. 2200 (ih) To establish a national policy of basic consumer fair treatment for airline passengers. [Introduced in House] ...
13 S. 1860 (is) To amend the Internal Revenue Code of 1986 to expand income averaging to small agriculture-related businesses. [Introduced in Senate] ...
14 H.R. 1406 (ih) To amend the Internal Revenue Code of 1986 to provide that certain bonds issued by local governments in connection with delinquent real property taxes may be treated as tax exempt. [Introduced in House] ...
15 H.R. 662 (ih) To prohibit the use of funds to administer or enforce the provisions of Executive Order 13107, relating to the implementation of certain human rights treaties. [Introduced in House] ...
16 H.R. 3767 (enr) To amend the Immigration and Nationality Act to make improvements to, and permanently authorize, the visa waiver pilot program under section 217 of such Act. [Enrolled bill] ...
17 S.Res. 125 (ats) Encouraging and promoting greater involvement of fathers in their children's lives and designating June 20, 1999, as ``National Father's Return Day''. [Agreed to Senate] ...
18 H.R. 2957 (rh) To amend the Federal Water Pollution Control Act to authorize funding to carry out certain water quality restoration projects for Lake Pontchartrain Basin, Louisiana, and for other purposes. [Reported in House] ...
19 S. 3131 (is) To amend title XVIII of the Social Security Act to ensure that the [Introduced in Senate] ...
20 H.R. 915 (rs) To authorize a cost of living adjustment in the pay of administrative law judges. [Reported in Senate] ...
21 S. 2043 (is) To designate the United States Post Office building located at 3101 West Sunflower Avenue in Santa Ana, California, as the ``Hector G. Godinez Post Office Building''. [Introduced in Senate] ...
22 H.R. 4339 (ih) To prohibit excessive concentration resulting from mergers among [Introduced in House] ...
23 S. 3185 (is) To end taxpayer support of Federal Government contractors against whom repeated civil judgments or criminal convictions for certain offenses have been entered. [Introduced in Senate] ...
24 H.Res. 527 (eh) [Engrossed in House] ...
25 S. 1350 (is) To amend the Internal Revenue Code of 1986 to expand the availability of medical savings accounts. [Introduced in Senate] ...
26 H.R. 3030 (rs) To designate the facility of the United States Postal Service located at 757 Warren Road in Ithaca, New York, as the ``Matthew F. McHugh Post Office''. [Reported in Senate] ...
27 H.R. 5681 (ih) Regarding the use of the trust land and resources of the Confederated Tribes of the Warm Springs Reservation of Oregon. [Introduced in House] ...
28 S. 2221 (is) To continue for 2000 the Department of Agriculture program to provide emergency assistance to dairy producers. [Introduced in Senate] ...
29 H.R. 2062 (ih) To amend the Right to Financial Privacy Act of 1978 with respect to financial exploitation of older or disabled individuals. [Introduced in House] ...
30 H.R. 2366 (eh) To provide small businesses certain protections from litigation excesses and to limit the product liability of nonmanufacturer product sellers. [Engrossed in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy