S.Amdt. 2420
What it does: Adds SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS on page 1009, line 11
Sen. Daniel K. Inouye (D-HI)What it changes
1 change to S. 3240
Adds SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS on page 1009, line 11
Adds a sectionPrinted pageInserted: SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS.
Inserted: Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 424. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS.
Inserted: "(a) Shell Egg Variance.--A State without a shell breaking facility may request a variance from part 118 of title 21, Code of Federal Regulations (or any successor regulations) on behalf of egg producers located in such State. Such request shall describe the variance requested and present information demonstrating that the variance does not increase the likelihood that the shell eggs for which the variance is requested will be contaminated with Salmonella Enteritidis, and that the variance provides a similar level of public health protection as the requirements of the regulations under part 118 of title 21, Code of Federal Regulations (or any successor regulations).
Inserted: "(b) Action on Variances.--
Inserted: "(1) Timing.--The Secretary shall review a request for a variance within a reasonable timeframe.
Inserted: "(2) Approval of variances.--The Secretary may approve a variance in whole or in part, as appropriate, and may specify the scope of applicability of a variance to other similarly situated persons.
Inserted: "(3) Denial of variances.--The Secretary may deny a variance request if the Secretary determines that such variance is not reasonably likely to ensure the safety of shell eggs and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations). The Secretary shall notify the person requesting such variance of the reasons for the denial.
Inserted: "(4) Modification or revocation of a variance.--The Secretary, after notice and an opportunity for a hearing, may modify or revoke a variance if the Secretary determines that such variance is not reasonably likely to ensure that the shell eggs will test negative for Salmonella Enteritidis and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations).".
Original wording
On page 1009, after line 11, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2420. Mr. INOUYE submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:
On page 1009, after line 11, add the following:
SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:
“SEC. 424. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG PRODUCERS.
“(a) Shell Egg Variance.--A State without a shell breaking facility may request a variance from part 118 of title 21, Code of Federal Regulations (or any successor regulations) on behalf of egg producers located in such State. Such request shall describe the variance requested and present information demonstrating that the variance does not increase the likelihood that the shell eggs for which the variance is requested will be contaminated with Salmonella Enteritidis, and that the variance provides a similar level of public health protection as the requirements of the regulations under part 118 of title 21, Code of Federal Regulations (or any successor regulations).
“(b) Action on Variances.--
“(1) Timing.--The Secretary shall review a request for a variance within a reasonable timeframe.
“(2) Approval of variances.--The Secretary may approve a variance in whole or in part, as appropriate, and may specify the scope of applicability of a variance to other similarly situated persons.
“(3) Denial of variances.--The Secretary may deny a variance request if the Secretary determines that such variance is not reasonably likely to ensure the safety of shell eggs and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations). The Secretary shall notify the person requesting such variance of the reasons for the denial.
“(4) Modification or revocation of a variance.--The Secretary, after notice and an opportunity for a hearing, may modify or revoke a variance if the Secretary determines that such variance is not reasonably likely to ensure that the shell eggs will test negative for Salmonella Enteritidis and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations).”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
June 13, 2012