Home > 105th Congressional Bills > S. 1188 (is) To amend chapters 83 and 85 of title 28, United States Code, relating to the jurisdiction of the District Court for the District of Columbia, and the United States Court of Appeals for the District of Columbia, and for other purposes. %%Filen...S. 1188 (is) To amend chapters 83 and 85 of title 28, United States Code, relating to the jurisdiction of the District Court for the District of Columbia, and the United States Court of Appeals for the District of Columbia, and for other purposes. %%Filen...
108th CONGRESS
1st Session
S. 1187
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to require that ready-to-eat meat or poultry products
that are not produced under a scientifically validated program to
address Listeria monocytogenes be required to bear a label advising
pregnant women and other at-risk consumers of the recommendations of
the Department of Agriculture and Food and Drug Administration
regarding consumption of ready-to-eat products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2003
Mrs. Clinton introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to require that ready-to-eat meat or poultry products
that are not produced under a scientifically validated program to
address Listeria monocytogenes be required to bear a label advising
pregnant women and other at-risk consumers of the recommendations of
the Department of Agriculture and Food and Drug Administration
regarding consumption of ready-to-eat products, and for other purposes.
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 ``At-Risk Consumer Protection Through
Food Safety Labeling Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) consumption of food contaminated with microbial
pathogens such as bacteria, parasites, viruses, and their
toxins causes an estimated 76,000,000 illnesses, 325,000
hospitalizations, and 5,000 deaths each year in the United
States;
(2) Government economists estimate that illnesses from
Campylobacter, Salmonella, E. coli O157:H7, E. coli non-O157:H7
STEC, Listeria, and Toxoplasma gondii cause $6,900,000,000 in
medical costs, lost productivity, and premature death in the
United States each year;
(3) in particular, Listeria monocytogenes is the cause of
2,500 illnesses and 500 deaths annually, with economic costs of
$2,300,000,000;
(4) people that face relatively higher risks from foodborne
illness and associated complications include the very young,
the very old, pregnant women, and the immunocompromised, such
as persons with AIDS and cancer;
(5) outbreaks of foodborne illness are becoming
increasingly widespread in both geographic area and duration,
making detection and containment difficult;
(6) in 1998, following a major listeriosis outbreak from
deli meats, many ready-to-eat meat and poultry processors
established Listeria testing programs, but others have no
Listeria testing and control program at all, giving them an
unfair advantage in production costs over firms that are taking
steps to protect public health;
(7)(A) in 1989, the Secretary of Agriculture established a
performance standard allowing zero tolerance for Listeria
monocytogenes that prohibits detectable levels of the pathogen
in ready-to-eat meat and poultry products; and
(B) a performance standard for Listeria monocytogenes of
nondetectable levels in ready-to-eat meat products--
(i) is appropriate to protect at-risk consumers
(including pregnant women) (referred to in this section
as ``at-risk consumers'') from severe health
consequences or death from exposure to Listeria
monocytogenes; and
(ii) is necessary to provide an adequate safety
margin for at-risk consumers;
(8) in February 2001, the Secretary of Agriculture proposed
regulations establishing performance standards for the
production of processed meat and poultry products, including
requirements for controlling Listeria monocytogenes, but, in
the time since the public comment period closed in September
2001, little progress has been made in finalizing the
regulation;
(9) in 2002, an outbreak of foodborne listeriosis linked to
ready-to-eat turkey deli meat in Pennsylvania, New York, New
Jersey, Delaware, Maryland, Connecticut, and Michigan--
(A) sickened 53 persons;
(B) killed 8 persons; and
(C) caused at least 3 pregnant women to suffer
miscarriages or stillbirths;
(10) in a March 21, 2003, speech to the North American Meat
Processors, Food Safety and Inspection Service Administrator
Dr. Gary McKee said the agency's December 2002 directive
outlining Listeria testing procedures for agency inspectors is
only an interim measure;
(11) to ensure the safety of at-risk consumers, ready-to-
eat meat and poultry products not produced under a
scientifically validated program to address Listeria
monocytogenes should be required to bear a label advising at-
risk consumers of the Government's recommendations not to
consume ready-to-eat meat and poultry products without heating
the products until steaming hot; and
(12) all data generated through scientifically validated
programs to address Listeria monocytogenes should be shared
with the Department of Agriculture and used to improve
scientific research regarding the safety of ready-to-eat foods.
SEC. 3. READY-TO-EAT MEAT PRODUCTS.
(a) In General.--Section 7 of the Federal Meat Inspection Act (21
U.S.C. 607) is amended by adding at the end the following:
``(g) Ready-To-Eat Meat Products.--
``(1) Definitions.--In this subsection:
``(A) At-risk consumer.--The term `at-risk
consumer' includes a pregnant woman.
``(B) Ready-to-eat meat product.--The term `ready-
to-eat meat product' means a meat product that has been
processed so that the meat product may be safely
consumed without further preparation by the consumer,
that is, without cooking or application of some other
lethality treatment to destroy pathogens.
``(2) Labeling requirement.--Except as provided in
paragraph (3) or (4), a ready-to-eat meat product shall bear a
label advising consumers that an at-risk consumer--
``(A) should not consume the ready-to-eat meat
product unless the ready-to-eat meat product is heated
until steaming hot; or
``(B) should follow such other instructions as the
Secretary may prescribe in accordance with health
guidelines and recommendations published by the
Secretary and the Secretary of Health and Human
Services.
``(3) Exemptions for producers.--On the motion of the
Secretary or on petition of a producer of a ready-to-eat meat
product, the Secretary, after notice and opportunity for a
public hearing, shall, by regulation applicable to all
producers of the ready-to-eat meat product or by order
applicable to a particular producer of the ready-to-eat meat
product, provide an exemption from the requirement of paragraph
(2) if--
``(A) in the case of a ready-to-eat meat product
that the Secretary determines presents a low risk to
at-risk consumers, the producer--
``(i) has a scientifically validated
program (as determined by the Secretary) to
control Listeria monocytogenes; and
``(ii) makes all Listeria control program
records (including the results of any testing
of plant environment, food-contact surfaces, or
meat product) available for inspection by the
Secretary; or
``(B) in the case of any ready-to-eat meat product
that the Secretary determines presents a greater risk
to at-risk consumers, the producer of the ready-to-eat
meat product has a scientifically valid program to
address Listeria monocytogenes under which the
producer--
``(i) tests food-contact surfaces for
Listeria monocytogenes--
``(I) at least once every 2 days of
production; and
``(II) if a food-contact surface
tests positive--
``(aa) at least 3 times per
day until the surface tests
negative on 3 consecutive days;
or
``(bb) in accordance with
such other regimen as the
Secretary may specify;
``(ii) tests the plant environment in the
ready-to-eat meat processing area for the
Listeria species--
``(I) at least once every 2 days of
production; and
``(II) if any part of the plant
environment in the ready-to-eat meat
processing area tests positive--
``(aa) at least 3 times per
day until the plant environment
tests negative on 3 consecutive
days; or
``(bb) in accordance with
such other regimen as the
Secretary may specify;
``(iii)(I) tests final products for
Listeria monocytogenes at least 5 times per
month to measure the effectiveness of the
Listeria control program; and
``(II) if any food-contact surface tests
positive, conducts daily testing of the meat
product from the line found to be positive
until the surface tests negative for 3 days;
``(iv) makes all control program records
(including the results of any testing of plant
environment, food-contact surfaces, or meat
product) available for inspection by the
Secretary; and
``(v) meets any other requirement that the
Secretary may specify.
``(4) Exemptions for distributors.--On the motion of the
Secretary or on petition of a distributor of a ready-to-eat
meat product, the Secretary, after notice and opportunity for a
public hearing, shall, by regulation applicable to all
distributors of the ready-to-eat meat product or by order
applicable to a particular distributor of the ready-to-eat meat
product, provide an exemption from the requirement of paragraph
(2) if--
``(A) the distributor has purchasing specifications
incorporating the requirements of paragraph (3); and
``(B) the Secretary determines that the suppliers
of the distributor are in compliance with paragraph
(3).
``(5) Reports by the secretary.--Not later than 3 years
after the date of enactment of this section, and at least
triennially thereafter, the Secretary shall compile and
disseminate information from records made available under
paragraphs (3)(A)(ii), (3)(B)(iv), and (4) to Federal agencies,
universities, and other research institutions and other
entities, as appropriate (excluding any such proprietary or
confidential information as is protected from disclosure), for
the purpose of furthering scientific research.
``(6) Performance standard.--A performance standard of the
Secretary that provides zero tolerance for detectable levels of
Listeria monocytogenes in ready-to-eat meats--
``(A) shall not be modified to permit any
detectable level of Listeria monocytogenes in any
ready-to-eat meat product; and
``(B) shall be based on scientifically validated
testing methods for the detection of Listeria
monocytogenes, as determined by the Secretary.''.
(b) Misbranding.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) if it is a ready-to-eat meat product that is
required to bear a label under section 7(g), and it does not
bear such a label.''.
SEC. 4. READY-TO-EAT POULTRY PRODUCTS.
(a) In General.--Section 8 of the Poultry Products Inspection Act
(21 U.S.C. 457) is amended by adding at the end the following:
``(e) Ready-To-Eat Poultry Products.--
``(1) Definitions.--In this subsection:
``(A) At-risk consumer.--The term `at-risk
consumer' includes a pregnant woman.
``(B) Ready-to-eat poultry product.--The term
`ready-to-eat poultry product' means a poultry product
that has been processed so that the poultry product may
be safely consumed without further preparation by the
consumer, that is, without cooking or application of
some other lethality treatment to destroy pathogens.
``(2) Labeling requirement.--Except as provided in
paragraph (3) or (4), a ready-to-eat poultry product shall bear
a label advising consumers that an at-risk consumer--
``(A) should not consume the ready-to-eat poultry
product unless the ready-to-eat poultry product is
heated until steaming hot; or
``(B) should follow such other instructions as the
Secretary may prescribe in accordance with health
guidelines and recommendations published by the
Secretary and the Secretary of Health and Human
Services.
``(3) Exemptions for producers.--On the motion of the
Secretary or on petition of a producer of a ready-to-eat
poultry product, the Secretary, after notice and opportunity
for a public hearing, shall, by regulation applicable to all
producers of the ready-to-eat poultry product or by order
applicable to a particular producer of the ready-to-eat poultry
product, provide an exemption from the requirement of paragraph
(2) if--
``(A) in the case of a ready-to-eat poultry product
that the Secretary determines presents a low risk to
at-risk consumers, the producer--
``(i) has a scientifically validated
program (as determined by the Secretary) to
control Listeria monocytogenes; and
``(ii) makes all Listeria control program
records (including the results of any testing
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