Directs the Secretary to establish a National Advisory Committee for Microbiology Criteria for Foods.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2013
To clarify the authority of the Secretary of Agriculture to prescribe
performance standards for the reduction of pathogens in meat, meat
products, poultry, and poultry products processed by establishments
receiving inspection services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2002
Mr. Harkin (for himself, Mr. Durbin, Mrs. Clinton, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To clarify the authority of the Secretary of Agriculture to prescribe
performance standards for the reduction of pathogens in meat, meat
products, poultry, and poultry products processed by establishments
receiving inspection services.
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 ``Meat and Poultry Pathogen Reduction
and Enforcement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the primary purpose of the Federal meat and poultry
inspection program is to protect public health;
(2) the Centers for Disease Control and Prevention report
that human pathogens found in raw and cooked meat, meat food
products, poultry, and poultry products are a significant
source of foodborne illness;
(3) to reduce the public health burden of foodborne
illness, the Federal meat and poultry inspection system should
focus on reducing the risk of foodborne illness associated with
the presence of foodborne pathogens;
(4) good public health practice requires controlling
pathogens as close as practicable to the initial source of
contamination to reduce pathogens and prevent foodborne
illness;
(5) there is a need for strong safeguards at slaughter
establishments during the slaughter and processing of meat and
poultry products because those establishments are where
pathogen contamination often originates;
(6) while proper handling and cooking of meat and poultry
products can virtually eliminate the risk of foodborne illness
from the consumption of meat and poultry, the presence of
pathogens in raw meat and poultry products leads to cross-
contamination of other foods and surrounding surfaces;
(7) to reduce the risk of foodborne illness and protect
public health, regulatory authorities and all parties involved
in the production and handling of meat, meat products, poultry,
or poultry products should make a concerted effort to reduce,
to the maximum extent practicable, contamination by pathogens
using the best available scientific information and appropriate
technology;
(8) the distribution of meat, meat food products, poultry,
or poultry products that contain human pathogens--
(A) impairs the effective regulation of wholesome
meat, meat food products, poultry, or poultry products
in interstate and foreign commerce; and
(B) destroys markets for wholesome products;
(9) all articles and other animals that are subject to this
Act and the amendments made by this Act are either in or
substantially affect interstate or foreign commerce; and
(10) regulation by the Secretary of Agriculture and
cooperation by the States are necessary to prevent or eliminate
burdens on interstate or foreign commerce and to protect the
health and welfare of consumers.
SEC. 3. PATHOGEN PERFORMANCE STANDARDS.
(a) Meat and Meat Products.--The Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by inserting after section 8 (21 U.S.C.
608) the following:
``SEC. 8A. PATHOGEN PERFORMANCE STANDARDS.
``(a) In General.--In order to protect the public health and
promote food safety, the Secretary shall prescribe performance
standards for the reduction of pathogens in raw meat and meat products
processed by each establishment receiving inspection services under
this Act.
``(b) List of Pathogens.--
``(1) In general.--In consultation with the Secretary of
Health and Human Services, and taking into account data
available from the Centers for Disease Control and Prevention,
the Secretary shall identify the pathogens that make a
significant contribution to the total burden of foodborne
disease associated with meat and meat products.
``(2) Publication; updates.--The Secretary shall--
``(A) publish a list of the pathogens described in
paragraph (1) not later than 60 days after the date of
enactment of this section; and
``(B) update and publish the list annually
thereafter.
``(c) Pathogen Surveys.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall initiate
comprehensive, statistically representative surveys to
determine the current levels and incidence of contamination of
raw meat and poultry products with the pathogens listed under
subsection (b), including the variation in levels and incidence
of contamination among establishments.
``(2) Publication.--Not later than 2 years after the date
of enactment of this section, the Secretary shall compile, and
publish in the Federal Register, the results of the surveys.
``(3) Updates.--At least once every 3 years after the
preceding surveys are conducted, the Secretary shall--
``(A) conduct surveys described in paragraph (1);
and
``(B) compile and publish the results of the
surveys in accordance with paragraph (2).
``(d) Pathogen Reduction Performance Standards.--
``(1) In general.--The pathogen reduction performance
standards required under subsection (a) shall ensure the lowest
level or incidence of contamination that is reasonably
achievable using the best available processing technology and
practices.
``(2) Current contamination.--In determining what is
reasonably achievable, the Secretary shall consider data on
current levels or incidence of contamination, including what is
being achieved by establishments in the upper quartile of
performance in controlling the level or incidence of
contamination.
``(3) Initial pathogens.--Not later than 3 years after the
date of enactment of this section, the Secretary shall propose
pathogen reduction performance standards for at least 2
pathogens from the list published under subsection (b).
``(4) Subsequent pathogens.--Not later than 1 year after
proposing pathogen reduction standards for the initial
pathogens under paragraph (3), and each year thereafter, the
Secretary shall propose a pathogen reduction performance
standard for at least 1 pathogen each year from the list
published under subsection (b) until standards have been
proposed for all pathogens on the list.
``(5) Final standards.--Not later than 1 year after
proposing a pathogen reduction standard for a pathogen under
this subsection, the Secretary shall promulgate a final
pathogen reduction standard for the pathogen.
``(e) Review of Standards.--
``(1) In general.--Not later than 3 years after
promulgation of a final pathogen reduction performance standard
for a pathogen under subsection (d)(5), the Secretary shall
review the standard to determine whether the standard continues
to ensure the lowest level or incidence of contamination that
is reasonably achievable using the best available processing
technology and practices, taking into the most recent surveys
conducted under subsection (c).
``(2) Revisions.--The Secretary shall revise the standard,
as necessary, to comply with subsection (d).
``(f) Enforcement.--
``(1) In general.--The Secretary shall conduct regular
microbial testing in establishments producing raw meat and meat
products to determine compliance with the pathogen reduction
performance standards promulgated under this section.
``(2) Inspections.--If the Secretary determines that an
establishment fails to meet a standard promulgated under
subsection (d) and that the establishment fails to take
appropriate corrective action, as determined by the Secretary,
the Secretary shall refuse to allow any meat or meat product
subject to the standard and processed by the establishment to
be labeled, marked, stamped or tagged as `inspected and
passed'.
``(g) Report on Health-Based Pathogen Performance Standards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation with
the Secretary of Health and Human Services, shall submit to
Congress a report on the scientific feasibility of establishing
health-based performance standards for pathogens in raw meat
and meat products.
``(2) Factors.--In preparing the report, the Secretary
shall consider--
``(A) the scientific feasibility of determining
safe levels for pathogens in raw meat and meat
products;
``(B) the scientific and public health criteria
that are relevant to determining the safe levels; and
``(C) other factors determined by the Secretary.
``(h) Relationship to Adulteration Provisions.--Nothing in this
section affects the applicability to pathogens of the provisions of
this Act relating to adulteration.''.
(b) Poultry and Poultry Products.--The Poultry Products Inspection
Act (21 U.S.C. 451 et seq.) is amended by inserting after section 7 (21
U.S.C. 456) the following:
``SEC. 7A. PATHOGEN PERFORMANCE STANDARDS.
``(a) In General.--In order to protect the public health and
promote food safety, the Secretary shall prescribe pathogen performance
standards for the reduction of pathogens in raw poultry and poultry
products processed by each establishment receiving inspection services
under this Act.
``(b) List of Pathogens.--
``(1) In general.--In consultation with the Secretary of
Health and Human Services, and taking into account data
available from the Centers for Disease Control and Prevention,
the Secretary shall identify the pathogens that make a
significant contribution to the total burden of foodborne
disease associated with poultry and poultry products.
``(2) Publication; updates.--The Secretary shall--
``(A) publish a list of the pathogens described in
paragraph (1) not later than 60 days after the date of
enactment of this section; and
``(B) update and publish the list annually
thereafter.
``(c) Pathogen Surveys.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall initiate
comprehensive, statistically representative surveys to
determine the current levels and incidence of contamination of
raw poultry and poultry products with the pathogens listed
under subsection (b), including the variation in levels and
incidence of contamination among establishments.
``(2) Publication.--Not later than 2 years after the date
of enactment of this section, the Secretary shall compile, and
publish in the Federal Register, the results of the surveys.
``(3) Updates.--At least once every 3 years after the
preceding surveys are conducted, the Secretary shall--
``(A) conduct surveys described in paragraph (1);
and
``(B) compile and publish the results of the
surveys in accordance with paragraph (2).
``(d) Pathogen Reduction Performance Standards.--
``(1) In general.--The pathogen reduction performance
standards required under subsection (a) shall ensure the lowest
level or incidence of contamination that is reasonably
achievable using the best available processing technology and
practices.
``(2) Current contamination.--In determining what is
reasonably achievable, the Secretary shall consider data on
current levels or incidence of contamination, including what is
being achieved by establishments in the upper quartile of
performance in controlling the level or incidence of
contamination.
``(3) Initial pathogens.--Not later than 3 years after the
date of enactment of this section, the Secretary shall propose
pathogen reduction performance standards for at least 2
pathogens from the list published under subsection (b).
``(4) Subsequent pathogens.--Not later than 1 year after
proposing pathogen reduction standards for the initial
pathogens under paragraph (3), and each year thereafter, the
Secretary shall propose a pathogen reduction performance
standard for at least 1 pathogen each year from the list
published under subsection (b) until standards have been
proposed for all pathogens on the list.
``(5) Final standards.--Not later than 1 year after
proposing a pathogen reduction standard for a pathogen under
this subsection, the Secretary shall promulgate a final
pathogen reduction standard for the pathogen.
``(e) Review of Standards.--
``(1) In general.--Not later than 3 years after
promulgation of a final pathogen reduction performance standard
for a pathogen under subsection (d)(5), the Secretary shall
review the standard to determine whether the standard continues
to ensure the lowest level or incidence of contamination that
is reasonably achievable using the best available processing
technology and practices, taking into the most recent surveys
conducted under subsection (c).
``(2) Revisions.--The Secretary shall revise the standard,
as necessary, to comply with subsection (d).
``(f) Enforcement.--
``(1) In general.--The Secretary shall conduct regular
microbial testing in establishments producing raw poultry and
poultry products to determine compliance with the pathogen
reduction performance standards promulgated under this section.
``(2) Inspections.--If the Secretary determines that an
establishment fails to meet a standard promulgated under
subsection (d) and that the establishment fails to take
appropriate corrective action, as determined by the Secretary,
the Secretary shall refuse to allow any poultry or poultry
product subject to the standard and processed by the
establishment to be labeled, marked, stamped or tagged as
`inspected and passed'.
``(g) Report on Health-Based Pathogen Performance Standards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation with
the Secretary of Health and Human Services, shall submit to
Congress a report on the scientific feasibility of establishing
health-based performance standards for pathogens in raw poultry
and poultry products.
``(2) Factors.--In preparing the report, the Secretary
shall consider--
``(A) the scientific feasibility of determining
safe levels for pathogens in raw poultry and poultry
products;
``(B) the scientific and public health criteria
that are relevant to determining the safe levels; and
``(C) other factors determined by the Secretary.
``(h) Relationship to Adulteration Provisions.--Nothing in this
section effects the applicability to pathogens of the provisions of
this Act relating to adulteration.''.
SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGY CRITERIA FOR
FOODS.
(a) Establishment.--
(1) In general.--In consultation with the Secretary of
Health and Human Services, the Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall
establish a National Advisory Committee for Microbiology
Criteria for Foods (referred to in this section as the
``Committee'').
(2) Administration.--The Committee shall report to--
(A) the Secretary of Agriculture, acting through
the Under Secretary for Food Safety; and
(B) the Secretary of Health and Human Services,
acting through the Assistant Secretary for Health.
(b) Membership.--
(1) Composition.--The Committee shall be composed of not
fewer than 9 nor more than 15 members appointed by the
Secretary, including a Chairperson designated by the Secretary.
(2) Qualifications.--In appointing members of the
Committee, the Secretary shall appoint individuals who--
(A) are qualified by education, training, and
experience to evaluate scientific and technical
information on matters referred to the Committee; and
(B) to the maximum extent practicable, represent
the fields of microbiology, risk assessment,
epidemiology, public health, food science, veterinary
medicine, and other relevant disciplines.
(3) Prohibition on federal government employment.--A member
of the Committee appointed under paragraph (1) shall not be an
employee of the Federal Government.
(4) Date of appointments.--The appointment of an initial
member of the Committee shall be made not later than 90 days
after the date of enactment of this Act.
(5) Term.--A member of the Committee shall be appointed for
a term established by the Secretary.
(c) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Committee have been appointed, the
Committee shall hold the initial meeting of the Committee.
(2) Meetings.--The Committee shall meet at the call of the
Chairperson, in consultation with the Secretary.
(3) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Conflicts of interest.--
(A) In general.--Notwithstanding sections 201
through 209 of title 18, United States Code, a conflict
of interest involving the appointment of a member of
the Committee shall be waived under section 208(b)(3)
of that title only if the member with the conflict of
interest is essential to the completion of the work of
the Committee.
(B) Voting.--Notwithstanding subparagraph (A), a
member of the Committee with a conflict of interest on
a matter before the Committee shall not be allowed to
vote on the matter.
(d) Duties.--
(1) In general.--The Committee shall provide such
independent, impartial, scientific advice to Federal food
safety agencies as may be requested by the Secretary for use in
the development of an integrated national food safety systems
approach from farm-to-final consumption to ensure the safety of
domestic, imported, and exported foods and reduce the public
health burden of foodborne illness.
(2) Food safety standards and regulations.--
(A) In general.--At the time at which the Secretary
submits to any Federal agency for formal review and
comment any standard or regulation proposed under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.),
the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), or any program administered by the Under
Secretary for Food Safety, the Secretary shall make
available to the Committee--
(i) the standard or regulation; and
(ii) relevant scientific and technical
information possessed by the Secretary on which
the proposed standard or regulation is based.
(B) Advice and comments.--Not later than a date
specified by the Secretary that is not later than 90
days after receipt of the standard or regulation, the
Committee may make available to the Secretary the
advice and comments of the Committee on the adequacy of
the scientific and technical basis for the proposed
standard or regulation, together with any additional
information the Committee considers appropriate.
(C) Contemporaneous review.--To the maximum extent
practicable, the review by the Committee under
subparagraph (A) shall be conducted contemporaneously
with review by other Federal agencies.
(e) Powers.--
(1) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from a Federal agency such information as the Committee
considers necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Committee, the head of the agency
shall provide the information to the Committee.
(3) Subcommittees and investigative panels.--
(A) In general.--The Committee may establish such
subcommittees and investigative panels as the Secretary
and the Committee determine necessary to carry out this
section.
(B) Chairperson.--Each subcommittee and
investigative panel shall be chaired by a member of the
Committee.
(4) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(5) Gifts.--The Committee may accept, use, and dispose of
gifts or donations of services or property.
(f) Committee Personnel Matters.--
(1) Compensation of members.--A member of the Committee
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Committee.
(2) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Committee.
(3) Staff.--
(A) In general.--The Chairperson of the Committee
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Committee to perform the
duties of the Committee.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Committee.
(C) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Committee
may fix the compensation of the executive
director and other personnel without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section, to remain
available until expended.
(2) Existing funds.--Any funds that are available to the
National Advisory Committee on Microbiological Criteria in
existence on the date of enactment of this Act shall be made
available to the Committee.
SEC. 5. REGULATIONS.
(a) In General.--Consistent with section 553 of title 5, United
States Code, the Secretary of Agriculture shall have the authority to
enforce the pathogen performance standards of the Secretary in effect
on January 1, 2000.
(b) Challenges.--Subsection (a) does not prevent a challenge to the
standards described in subsection (a) on any basis other than the basis
that the Secretary lacks the authority to issue and enforce pathogen
performance standards promulgated in accordance with section 553 of
title 5, United States Code.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1936)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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