S 1157 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1157CommentsClose CommentsPermalink

To require the Secretary of Agriculture to provide retail establishments with information describing recalled meat, poultry, eggs, and related food products, to require the retail establishment to communicate the recall information to consumers, to require the Food Safety Inspection Service of the Department of Agriculture to protect against certain foodborne illnesses, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 8, 2011CommentsClose CommentsPermalink

Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To require the Secretary of Agriculture to provide retail establishments with information describing recalled meat, poultry, eggs, and related food products, to require the retail establishment to communicate the recall information to consumers, to require the Food Safety Inspection Service of the Department of Agriculture to protect against certain foodborne illnesses, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Foodborne Illness Reduction Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. CONSUMER RECALL NOTIFICATION.

Subtitle A of the Agricultural Marketing Act of 1946 is amended by adding after section 208 (7 U.S.C. 1627) the following:CommentsClose CommentsPermalink

‘SEC. 209. CONSUMER RECALL NOTIFICATION.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) CLASS I RECALL- The term ‘Class I recall’ means a food recall classification defined by the Secretary that covers a health-hazard situation in which there is a reasonable probability that the use of the food or food product being recalled will cause a serious, adverse health consequence or death.CommentsClose CommentsPermalink





‘(2) FOOD OR FOOD PRODUCT- The term ‘food or food product’ means--CommentsClose CommentsPermalink





‘(A) a meat or a meat food product (within the meaning of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.));CommentsClose CommentsPermalink





‘(B) an egg or egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); orCommentsClose CommentsPermalink





‘(C) a poultry or poultry product (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453)).CommentsClose CommentsPermalink





‘(3) RETAIL ESTABLISHMENT- The term ‘retail establishment’ means a grocery store or other retail establishment that sells food and food products directly to consumers.CommentsClose CommentsPermalink





‘(4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





‘(5) SUMMARY NOTICE- The term ‘summary notice’ means the 1-page summary notice described in subsection (b).CommentsClose CommentsPermalink





‘(b) Distribution of Information- In the case of any Class I recall, the Secretary shall, to the maximum extent practicable, distribute to each retail establishment in the United States a 1-page summary notice containing product information of each food or food product subject to the Class I recall.CommentsClose CommentsPermalink





‘(c) Distribution of Information- The Secretary shall require each retail establishment that receives a summary notice--CommentsClose CommentsPermalink





‘(1) to post a copy of the summary notice at each cash register of the retail establishment;CommentsClose CommentsPermalink





‘(2) to post a copy of the summary notice on the shelving unit on which the food or food product was sold; orCommentsClose CommentsPermalink





‘(3) in the case of a retail establishment that uses a customer card system to track customer purchases or demographics--CommentsClose CommentsPermalink





‘(A) to place a call to each customer that purchased a recalled food or food product to inform the customer of the Class I recall; orCommentsClose CommentsPermalink





‘(B) to make available to each customer that purchased a recalled food or food product with a targeted coupon with information about the recalled food or food product.CommentsClose CommentsPermalink





‘(d) Assistance- In cooperation with the Director of the Centers for Disease Control and Prevention and the Centers of Excellence of the Food and Drug Administration, the Secretary shall provide assistance to regional, State, and local agencies to assist in carrying out this section through activities such as providing resources, including timely information concerning symptoms and tests, for frontline health professionals interviewing individuals as part of routine surveillance and outbreak investigations.’.CommentsClose CommentsPermalink

SEC. 3. POULTRY AND POULTRY PRODUCTS.

Section 4(g) of the Poultry Products Inspection Act (21 U.S.C. 453(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (7), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (8), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) if it is contaminated with Salmonella; orCommentsClose CommentsPermalink





‘(11) if it is contaminated with Campylobacter.’.CommentsClose CommentsPermalink

SEC. 4. MEAT AND MEAT PRODUCTS.

(a) Definition of Adulterated- Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) if it is contaminated with Salmonella;CommentsClose CommentsPermalink





‘(11) if it is contaminated with Toxoplasma gondii; orCommentsClose CommentsPermalink





‘(12) if it is contaminated with enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of Escherichia coli (E. coli).’.CommentsClose CommentsPermalink





(b) E. Coli Reduction in Ground Beef- Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 26. E. COLI REDUCTION IN GROUND BEEF.

‘(a) In General- Not later than 180 days after the date of enactment of this section, the Secretary shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for the presence of E. coli at the following points:CommentsClose CommentsPermalink





‘(1) At least 1 test at the slaughterhouse or processing establishment at which source trim was produced and at least 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources.CommentsClose CommentsPermalink





‘(2) If the source trim and grinding occurs at the same facility, at least 1 test of the source trim and at least 1 test of the final ground product.CommentsClose CommentsPermalink





‘(b) Application- This section applies--CommentsClose CommentsPermalink





‘(1) effective beginning on the date that is 180 days after the date of enactment of this section, to--CommentsClose CommentsPermalink





‘(A) all slaughterhouses or processing establishments that produce more than 25,000 pounds of trim per day; orCommentsClose CommentsPermalink





‘(B) grinding facilities that grind more than 25,000 pounds of trim or bench trim per day; andCommentsClose CommentsPermalink





‘(2) effective beginning on the date that is 3 years after the date of enactment of this section, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim.CommentsClose CommentsPermalink





‘(c) Administration- To carry out this section, the Secretary shall--CommentsClose CommentsPermalink





‘(1) approve definitions of lot sizes established by establishments, except that an establishment--CommentsClose CommentsPermalink





‘(A) shall demonstrate to the satisfaction of the Secretary scientific justification for the definition of lot size proposed by the establishment; andCommentsClose CommentsPermalink





‘(B) shall not define a lot as more than 2,000 pounds;CommentsClose CommentsPermalink





‘(2) establish testing standards;CommentsClose CommentsPermalink





‘(3) assist processors in establishing appropriate sampling plans for establishments through guidance documents; andCommentsClose CommentsPermalink





‘(4) in the case of a positive sample that indicates the presence of E. coli in a lot of an establishment--CommentsClose CommentsPermalink





‘(A) verify that meat or meat food products contaminated with the E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate the E. coli (in accordance with guidelines of the Secretary) before entry into commerce; andCommentsClose CommentsPermalink





‘(B) promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and establishes measures to prevent reoccurrence.CommentsClose CommentsPermalink





‘(d) Testing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A slaughterhouse or processing establishment producing, or a grinding facility receiving, trimmings shall test each lot using sampling standards and procedures determined by the Secretary.CommentsClose CommentsPermalink





‘(2) TESTING FACILITIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An establishment shall use an independent testing facility that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- In using an independent testing facility under subparagraph (A), the establishment--CommentsClose CommentsPermalink





‘(i) shall contract with the facility on an annual basis; andCommentsClose CommentsPermalink





‘(ii) shall not terminate the contract on the basis of positive test results reported by the facility.CommentsClose CommentsPermalink





‘(3) PROFICIENCY TESTING SERVICE- A laboratory that tests beef for E. coli shall contract with a testing service to verify the proficiency of the laboratory.CommentsClose CommentsPermalink





‘(4) TRANSMISSION OF TESTING RESULTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Test results of any testing conducted under this subsection shall be sent to the applicable slaughterhouse, processing establishment, or grinding facility as soon as results are ready.CommentsClose CommentsPermalink





‘(B) TRANSMISSION TO SECRETARY- The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility.CommentsClose CommentsPermalink





‘(5) HABITUAL VIOLATORS- A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days, as determined by the Secretary, or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator.CommentsClose CommentsPermalink





‘(6) COMPLIANCE- The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection.CommentsClose CommentsPermalink





‘(e) Imported Ground Beef-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section.CommentsClose CommentsPermalink





‘(2) VERIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph (1) to a domestic slaughterhouse, processing establishment, or grinding facility.CommentsClose CommentsPermalink





‘(B) SECONDARY TESTING- The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.CommentsClose CommentsPermalink





‘(f) Food Safety and Inspection Service Programs-CommentsClose CommentsPermalink





‘(1) SAMPLING PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary, acting through the Administrator of the Food Safety and Inspection Service, (referred to in this subsection as the ‘Secretary’) shall develop a specific plan to redesign the E. coli sampling and verification programs of the Food Safety and Inspection Service, including by--CommentsClose CommentsPermalink





‘(i) prioritizing and carrying out necessary baseline studies of beef trim and ground beef to determine the estimated prevalence rate of E. coli;CommentsClose CommentsPermalink





‘(ii) reevaluating sample parameters in order to provide higher confidence in the programs;CommentsClose CommentsPermalink





‘(iii) improving verification of sanitary dressing at establishments; andCommentsClose CommentsPermalink





‘(iv) revising traceback methodology and information management.CommentsClose CommentsPermalink





‘(B) NOTICE AND COMMENT- Prior to finalizing the plan developed under subparagraph (A), the Secretary shall make available the plan for public notice and comment.CommentsClose CommentsPermalink





‘(2) HAZARD ANALYSIS VERIFICATION- The Secretary shall implement a hazard analysis verification inspection procedure to identify issues of concern in the design of the food safety systems of establishments.’.CommentsClose CommentsPermalink