S. 73

Animal Feed Protection Act of 2005

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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.