[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2051 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2051
To promote food safety and to protect the animal feed supply from
bovine spongiform encephalopathy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2004
Ms. Cantwell introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To promote food safety and to protect the animal feed supply from
bovine spongiform encephalopathy.
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 ``Animal Feed Protection Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) BSE.--The term ``BSE'' means bovine spongiform
encephalopathy.
(2) Covered article.--
(A) In general.--The term ``covered article''
means--
(i) feed for an animal;
(ii) a nutritional supplement for an
animal;
(iii) medicine for an animal; and
(iv) any other article of a kind that is
ordinarily ingested, implanted, or otherwise
taken into an animal.
(B) Exclusions.--The term ``covered article'' does
not include--
(i) an unprocessed agricultural commodity
that is readily identifiable as nonanimal in
origin, such as a vegetable, grain, or nut;
(ii) an article described in subparagraph
(A) that, based on compelling scientific
evidence, the Secretary determines does not
pose a risk of transmitting prion disease; or
(iii) an article regulated by the Secretary
that, as determined by the Secretary--
(I) poses a minimal risk of
carrying prion disease; and
(II) is necessary to protect animal
health or public health.
(3) Specified risk material.--
(A) In general.--The term ``specified risk
material'' means--
(i) the skull, brain, trigeminal ganglia,
eyes, tonsils, spinal cord, vertebral column,
or dorsal root ganglia of--
(I) cattle and bison 30 months of
age and older; or
(II) sheep, goats, deer, and elk 12
months of age and older;
(ii) the intestinal tract of a ruminant of
any age; and
(iii) any other material of a ruminant that
may carry a prion disease, as determined by the
Secretary, based on scientifically credible
research.
(B) Modification.--The Secretary shall conduct an
annual review of scientific research and may modify the
definition of specified risk material based on
scientifically credible research (including the conduct
of ante-mortem and post-mortem tests certified by the
Secretary of Agriculture).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH.
It shall be unlawful for any person to introduce into interstate or
foreign commerce a covered article if the covered article contains--
(1)(A) specified risk material from a ruminant; or
(B) any material from a ruminant that--
(i) was in any foreign country at a time at which
there was a risk of transmission of BSE in the country,
as determined by the Secretary of Agriculture; and
(ii) may contain specified risk material from a
ruminant; or
(2) any material from a ruminant exhibiting signs of a
neurological disease.
SEC. 4. ENFORCEMENT.
(a) Cooperation.--The Secretary and the heads of other Federal
agencies, as appropriate, shall cooperate with the Attorney General in
enforcing this Act.
(b) Due Process.--Any person subject to enforcement action under
this section shall have the opportunity for an informal hearing on the
enforcement action as soon as practicable after, but not later than 10
days after, the enforcement action is taken.
(c) Remedies.--In addition to any remedies available under other
provisions of law, the head of a Federal agency may enforce this Act
by--
(1) seizing and destroying an article that is introduced
into interstate or foreign commerce in violation of this Act;
or
(2) issuing an order requiring any person that introduces
an article into interstate or foreign commerce in violation of
this Act--
(A) to cease the violation;
(B)(i) to recall any article that is sold; and
(ii) to refund the purchase price to the purchaser;
(C) to destroy the article or forfeit the article
to the United States for destruction; or
(D) to cease operations at the facility at which
the article is produced until the head of the
appropriate Federal agency determines that the
operations are no longer in violation of this Act.
(d) Civil and Monetary Penalties.--The Secretary is directed to
promulgate regulations on the appropriate level of civil and monetary
penalties necessary to carry out the provisions of this Act, within 180
days following enactment of this Act.
SEC. 5. TRAINING STANDARDS.
The Secretary, in consultation with the Secretary of Agriculture,
shall issue training standards to industry for the removal of specified
risk materials.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 to carry out this
Act.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on the date that is 180 days after the date
of enactment of this Act.
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