S. 73Senate109th Congress (2005-2007)In Committee

Animal Feed Protection Act of 2005

Introduced January 24, 2005

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S249-250)

January 24, 2005

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SenateIntro Referral

Introduced in Senate

January 24, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S249)

January 24, 2005

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S249-250)

January 24, 2005

Floor Debate

23 members

What members said about S. 73 on the floor

9 Republicans14 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 24, 2005

Mr. President, on behalf of Senator Hutchison and myself, I rise today to introduce legislation to reauthorize the tremendously successful Breast Cancer Research Stamp for 2 additional years. Without…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jan 24, 2005

Mr. President, today I introduce the United States Military Cancer Institute Research Collaborative Act. This legislation would formally establish the United States Military Cancer Institute (USMCI),…

Kent Conrad
Sen. Kent ConradD-ND · Mar 3, 2005

Mr. President, I thank the Chair and the chairman of the Agriculture Committee. I respect the chairman of the committee, but on this issue we have a profound difference. Let me alert my colleagues…

Wayne Allard
Sen. Wayne AllardR-CO · Mar 3, 2005

Mr. President, I thank the Senator from Georgia for yielding 20 minutes. As the Senator mentioned, animals have been an important part of my life. I grew up on a cattle ranch and I have dedicated my…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jan 24, 2005

Mr. President, it's an honor to join our Democratic Leader and so many of our colleagues in introducing the Affordable Health Care Act. This legislation states our strong commitment as Democrats to…

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Maria Cantwell
Sen. Maria CantwellD-WA · Jan 24, 2005

Mr. President, today I am joining my good friend the Senator from Texas, (Mrs. Hutchison), and the Senator from Tennessee, the Majority Leader, Mr. Frist, in legislation to permanently extend the…

Carl Levin
Sen. Carl LevinD-MI · Jan 24, 2005

Mr. President, I am honored to introduce the Standing with Our Troops Act of 2005. This bill addresses the needs of the Soldiers, Sailors, Airmen, and Marines who have responded so bravely to the…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jan 24, 2005

Mr. President, I am pleased to reintroduce legislation that would put an end to automatic cost-of-living adjustments for congressional pay. As I have noted when I raised this issue in past years, it…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Mar 3, 2005

Madam President, I rise today in opposition to the resolution and in support of the rule as proposed by the U.S. Department of Agriculture. I do this, first of all, with great appreciation of the…

John F. Kerry
Sen. John F. KerryD-MA · Jan 24, 2005

Mr. President, as Ranking Member of the Small Business and Entrepreneurship Committee, today I am introducing a package of bills that will help small business owners with access to loans, business…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Jan 24, 2005

Mr. President, today I am introducing the International Remittance Consumer Protection Act of 2005. This legislation extends basic consumer protection rights to those who send remittances, and it…

James M. Inhofe
Sen. James M. InhofeR-OK · Jan 24, 2005

Mr. President, I rise today, as an experienced pilot over age 60, along with my colleagues, Senator Stevens and Senator Burns, to introduce a bill that will help end age discrimination among airline…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Jan 24, 2005

Mr. President, as reports continue to appear in the media, there can be little doubt that a critical area of homeland security, and one on which I will be focusing as Chairman of the Health,…

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Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jan 24, 2005

Mr. President, over the past decade, Congress has approved over $46 billion in disaster relief and emergency spending. This is an average of $4.6 billion a year. The majority of this funding--$34…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Mar 3, 2005

Mr. President, we have apparently resolved what everybody is going to have for dinner. Apparently it is beef. We haven't resolved who is going to stand on the floor of the Senate this morning and…

Larry E. Craig
Sen. Larry E. CraigR-ID · Jan 24, 2005

Mr. President, I rise to address an issue that has begun to emerge and gain our attention in rural America. This issue is an important one because it has the potential to devastate, economically,…

George Allen
Sen. George AllenR-VA · Jan 24, 2005

Mr. President, I rise to bring to my colleagues' attention a bill I introduced today called the Honoring the Fallen Soldiers and Families Act of 2005, sharing the same views of Senator Sessions of…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Jan 24, 2005

Mr. President, I rise today in support of a bill that I have introduced with Senator Carl Levin authorizing the extension of permanent normal trade relations treatment. Ukraine is still subject to…

Tim Johnson
Sen. Tim JohnsonD-SD · Mar 3, 2005

Mr. President, I thank my colleague from North Dakota for his leadership on this crucial issue before the Senate today. I rise to speak on an issue of enormous significance to consumers, producers,…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 24, 2005

Mr. President, I rise today to introduce a bill that would make sweeping changes to the way the Department of Veterans Affairs (VA) delivers health care and benefits to our nation's veterans. S. 13…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jan 24, 2005

Mr. President, I rise today to speak about a bill that Senator Corzine and I are introducing, the New Jersey Coastal Heritage Trail Route bill. Our bill would reauthorize a law based on a bill that…

Maria Cantwell
Sen. Maria CantwellD-WA · Mar 3, 2005

Mr. President, I am voting in favor of S.J. Res. 4, which invokes the Congressional Review Act to disapprove of the U.S. Department of Agriculture's minimal risk rule. I wanted to explain to my…

Herb Kohl
Sen. Herb KohlD-WI · Jan 24, 2005

Mr. President, today I am introducing the Weekend Voting Act. This legislation will change the day for Congressional and Presidential elections from the first Tuesday in November to the first weekend…

Pat Roberts
Sen. Pat RobertsR-KS · Mar 3, 2005

Mr. President, I thank the chairman for yielding. I rise today in opposition to the joint resolution that has been brought forward by the distinguished Senator from North Dakota. This is a great…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued January 24, 2005

II

109th CONGRESS

1st Session

S. 73

IN THE SENATE OF THE UNITED STATES

January 24, 2005

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.

1.

Short title

This Act may be cited as the Animal Feed Protection Act of 2005.

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.

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.

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

Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing the appropriate level of civil and monetary penalties necessary to carry out this Act.

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.

6.

Authorization of appropriations

There is authorized to be appropriated $5,000,000 to carry out this Act.

7.

Effective date

This Act takes effect on the date that is 180 days after the date of enactment of this Act.