II
111th CONGRESS
1st Session
S. 2819
IN THE SENATE OF THE UNITED STATES
November 30, 2009
Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Poultry Products Inspection Act, the Federal Meat Inspection Act, and the Federal Food, Drug, and Cosmetic Act to require processors of food products to certify to the applicable Secretary that the processed food products are not adulterated.
Short title
This Act may be cited as
the Processed Food Safety Act of
2009
.
Poultry safety
Definition of misbranded
Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended—
in paragraph (5)—
by inserting
(A)
after (5)
;
by striking
showing (A) the name
and inserting the following:
“showing—
the name
;
by striking
distributor; and (B) an accurate
and inserting the following:
“distributor;
subject to subparagraph (B), an accurate
; and
by striking
count: Provided, That under clause (B) of this
subparagraph (5), reasonable
and inserting the following: “count;
and
an accurate description of each cut of poultry or poultry product contained in the package or other container; and
except that under subparagraph (A)(ii), reasonable
;
in paragraph
(7)(B), by striking (other than spices, flavoring, and
coloring)
; and
in paragraph
(9)(B), by striking ; except that spices, flavorings, and colorings may,
when authorized by the Secretary, be designated as spices, flavorings, and
colorings without naming each
.
Prohibited acts
Section 9 of the Poultry Products Inspection Act (21 U.S.C. 458) is amended—
in paragraph (5),
by striking the period at the end and adding or
; and
by adding at the end the following:
sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any poultry or poultry product that is capable of use as human food, unless the person (including any slaughterer, poultry products broker, renderer, processor, reprocessor, retail food store, or official establishment) affirmatively certifies to the Secretary that—
each ingredient in the poultry or poultry product that was added, modified, or otherwise handled by the person has undergone a pathogen reduction treatment in accordance with requirements of the Secretary that will reduce the presence of pathogens of public health concern and other harmful food borne contaminants; or
the person has tested and certified that each ingredient in the poultry or poultry product that was added, modified, or otherwise handled by the person contains no verifiable traces of pathogens.
.
Phase-In period
Paragraph (6) of section 9 of the Poultry Products Inspection Act (as added by subsection (b)(2)) shall not apply until the date that is 18 months after the date of enactment of this Act.
Meat safety
Definition of misbranded
Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended—
in paragraph (5)—
by inserting
(A)
after (5)
;
by striking
showing (A) the name
and inserting the following:
“showing—
the name
;
by striking
distributor; and (B) an accurate
and inserting the following:
“distributor;
subject to subparagraph (B), an accurate
; and
by striking
count: Provided, That under clause (B) of this
subparagraph (5), reasonable
and inserting the following: “count;
and
an accurate description of each cut of meat or meat food product contained in the package or other container; and
except that under subparagraph (A)(ii), reasonable
;
in paragraph
(7)(B), by striking (other than spices, flavoring, and
coloring)
; and
in paragraph
(9)(B), by striking ; except that spices, flavorings, and colorings may,
when authorized by the Secretary, be designated as spices, flavorings, and
colorings without naming each
.
Prohibited acts
Section 10 of the Federal Meat Inspection Act (21 U.S.C. 610) is amended—
by striking
Sec. 10. No
person
and inserting the following:
Prohibited acts
No person
;
in subsection (c)—
by striking
in commerce (1) any
and inserting the following: “in
commerce—
any
;
by striking
which (A) are capable of use as human food and (B) are
and
inserting the following: “that—
are capable of use as human food; and
are
; and
by striking
(2) any
and inserting the following:
any
;
by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively, and indenting appropriately;
in paragraph (4)
(as so redesignated), by striking the period at the end and inserting ;
or
; and
by adding at the end the following:
sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any meat or meat food product that is capable of use as human food, unless the person, firm, or corporation (including any slaughterer, meat broker, renderer, processor, reprocessor, retail food store, or official establishment) affirmatively certifies to the Secretary that—
each ingredient in the meat or meat food product that was added, modified, or otherwise handled by the person, firm, or corporation has undergone a pathogen reduction treatment in accordance with requirements of the Secretary that will reduce the presence of pathogens of public health concern and other harmful food borne contaminants; or
the person, firm, or corporation has tested and certified that each ingredient in the meat or meat food product that was added, modified, or otherwise handled by the person, firm, or corporation contains no verifiable traces of pathogens.
.
Phase-In period
Paragraph (5) of section 10 of the Federal Meat Inspection Act (as added by subsection (b)(5)) shall not apply until the date that is 18 months after the date of enactment of this Act.
Food safety
Pathogen reduction treatment
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following:
Pathogen reduction treatment
In general
The Secretary shall promulgate regulations requiring each facility registered under section 415 to apply pathogen reduction treatments to each food, as the Secretary determines appropriate, that such facility manufactures, processes, packages, or holds for consumption in the United States.
Certification
The Secretary shall promulgate regulations requiring each facility described in subsection (a) to certify to the Secretary that—
each food manufactured, processed, packaged, or held (including each ingredient of such food that is added, modified, or otherwise handled) by such facility contains no verifiable traces of pathogens; or
each food leaving such facility has received pathogen reduction treatments, as required by the regulations promulgated under such subsection.
.
Phase-In period
The requirements under section 418(b) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall not apply until the date that is 18 months after the date of enactment of this Act.
Technical amendment
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:
If the facility has not provided a certification required under section 418.
.
Labeling with respect to spices, flavoring, and coloring
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended—
in paragraph (g),
by striking (other than spices,
and inserting (including
spices,
;
in paragraph (i),
by striking ; except that spices, flavorings, and colors not required to
be certified under section 721(c) unless sold as spices, flavorings, or such
colors, may be designated as spices, flavorings, and colorings without naming
each
;
in paragraph (k),
by striking The provisions of this paragraph and paragraphs (g) and (i)
with respect to artificial coloring shall not apply in the case of butter,
cheese, or ice cream.
; and
in paragraph (x),
by striking Notwithstanding subsection (g), (i), or (k), or any other
law, a
and inserting A
.