article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Safety Improvement Act of 2002''. SEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 8 (21 U.S.C. 608) the following: ``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in meat and meat products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any meat or meat product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 7 (21 U.S.C. 456) the following: ``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in poultry and poultry products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any poultry or poultry product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (c) Effectiveness of Current Regulations.--Consistent with section 553 of title 5, United States Code, the Secretary of Agriculture shall have the authority to enforce the microbiological performance standards of the Secretary in effect on January 1, 2000. SEC. 3. LIVESTOCK AND POULTRY TRACEBACK. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. LIVESTOCK TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that cattle, sheep, swine, goats, horses, mules, and other equines presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, horses, mules, or other equines not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any cattle, sheep, swine, goats, horses, mules, or other equines at the time they are presented for slaughter or in any carcasses, parts of carcasses, meat, or meat food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any meat or meat food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, meat, meat food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of cattle, sheep, swine, goats, horses, mules, or other equines whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. POULTRY TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that poultry presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any poultry at the time the poultry is presented for slaughter or in any carcasses, parts of carcasses, poultry, or poultry food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any poultry or poultry food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, poultry, poultry food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of poultry whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. SEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES. (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from meat and meat products in the State.''. (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from poultry and poultry products in the State.''. SEC. 5. EMPLOYEE PROTECTION. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 405 (21 U.S.C. 675) the following: ``SEC. 405A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 12 (21 U.S.C. 461) the following: ``SEC. 12A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. SEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY. Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is amended by adding at the end the following: ``(c) Biological Threats to Food Supply.--The Secretary and the Secretary of Health and Human Services shall-- ``(1) identify potential biological threats to the food supply of the United States; and ``(2) prepare and (as necessary) implement a rapid response plan to prevent or respond to the threats.''. SEC. 7. STUDY OF RECRUITMENT OF INSPECTORS. (a) In General.--The Secretary of Agriculture shall conduct a study of means of improving the recruitment of individuals to serve as inspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), particularly in urban areas. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under subsection (a). SEC. 8. RAPID DETECTION METHODS. (a) Study.-- (1) In general.--The Secretary of Agriculture shall conduct a study to determine whether chlorophyll detector technology, or other rapid detection technologies, should be required to be used by each establishment receiving inspection services under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to detect the presence of manure carrying E. coli bacteria and other human pathogens in meat, meat products, poultry, and poultry products. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under paragraph (1). (b) Research and Development.--The Secretary may enter into contracts with qualified persons to carry out research on, and development of, technology described in subsection (a)(1).
summary: Meat and Poultry Products Safety Improvement Act of 2002 - Amends the Federal Meat Inspection Act, and the Poultry Inspection Act, respectively, to: (1) direct the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat and meat products, and poultry and poultry products processed in an establishment inspected under such Acts; (2) direct the Secretary, in the case of an establishment failing to meet such standards, to prohibit such establishment from labeling any meat or poultry product as "inspected or passed"; (3) direct the Secretary to prescribe by regulation that poultry, cattle, sheep, swine, goats, or equines presented for slaughter for human consumption be identified in a manner permitting traceback of holding premises; (4) authorize the Secretary, in the instance of a finding of human pathogen, disease, or residue at a slaughtering or processing establishment, to prohibit the transfer of meat poultry, or products whose human consumption may pose a risk to public health; (5) provide protections for employees who assist in achieving compliance with the provisions of this Act; and (6) require State reporting of food borne pathogen illnesses.Amends the Federal Meat Inspection Act to direct the Secretary and the Secretary of Health and Human Services to identify biological threats to the U.S. food supply, and prepare a response plan.Directs the Secretary to study whether chlorophyl detector technology or other rapid detection technologies should be used by inspected establishments to detect E. coli bacteria and other human pathogens. Authorizes the Secretary to enter into contracts for related research and technology development.