Safe Food Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4755 To establish the Food Safety Administration to protect the public health by preventing foodborne illness, ensuring the safety of food, improving research on contaminants leading to foodborne illness and the chronic health outcomes associated with foodborne illnesses, improving the sur- veillance of foodborne pathogens (including foodborne pathogens identi- fied as antibiotic resistant), and improving security of food from inten- tional contamination, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 18, 2019 Ms. DELAURO (for herself and Ms. MENG) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Food Safety Administration to protect the public health by preventing foodborne illness, ensuring the safety of food, improving research on contaminants leading to foodborne illness and the chronic health out- comes associated with foodborne illnesses, improving the surveillance of foodborne pathogens (including foodborne pathogens identified as antibiotic resistant), and improv- ing security of food from intentional contamination, and for other purposes. VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4755 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Safe Food Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION Sec. 101. Establishment of Food Safety Administration. Sec. 102. Consolidation of separate food safety and inspection services and agencies. Sec. 103. Additional duties of the Administration. TITLE II—ADMINISTRATION OF FOOD SAFETY PROGRAM Sec. 201. Administration of national program. Sec. 202. Registration of food facilities. Sec. 203. Preventive process controls to reduce adulteration of food. Sec. 204. Performance standards for contaminants in food. Sec. 205. Inspections of food facilities. Sec. 206. Food production establishments. Sec. 207. Federal and State cooperation. Sec. 208. Foreign supplier verification program. Sec. 209. Imports. Sec. 210. Traceback. Sec. 211. Food safety technology. TITLE III—RESEARCH AND EDUCATION Sec. 301. Public health assessment system. Sec. 302. Public education and advisory system. Sec. 303. Research. TITLE IV—ENFORCEMENT Sec. 401. Prohibited acts. Sec. 402. Mandatory recall authority. Sec. 403. Injunction proceedings. Sec. 404. Civil and criminal penalties. Sec. 405. Presumption. Sec. 406. Whistleblower protection. Sec. 407. Administration and enforcement. Sec. 408. Citizen civil actions. VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4755 IH TITLE V—IMPLEMENTATION Sec. 501. Definition. Sec. 502. Reorganization plan. Sec. 503. Transitional authorities. Sec. 504. Savings provisions. Sec. 505. Conforming amendments. Sec. 506. Additional technical and conforming amendments. Sec. 507. Regulations. Sec. 508. Authorization of appropriations. Sec. 509. Limitation on authorization of appropriations. SEC. 2. FINDINGS; PURPOSES. 1 (a) FINDINGS.—Congress finds that— 2 (1) the safety of the food supply of the United 3 States is vital to the public health, to public con- 4 fidence in the food supply, and to the success of the 5 food sector of the Nation’s economy; 6 (2) lapses in the protection of the food supply 7 and loss of public confidence in food safety are dam- 8 aging to consumers and the food industry, and place 9 a burden on interstate commerce; 10 (3) the safety and security of the food supply 11 requires an integrated, systemwide approach to pre- 12 venting foodborne illness, a thorough and broad- 13 based approach to basic and applied research, and 14 intensive, effective, and efficient management of the 15 Nation’s food safety program; 16 (4) the task of preserving the safety of the food 17 supply of the United States faces tremendous pres- 18 sures with regard to— 19 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4755 IH (A) emerging pathogens and other con- 1 taminants and the ability to detect all forms of 2 contamination; 3 (B) an aging and immune-compromised 4 population, with a growing number of people at 5 high risk for foodborne illnesses, including in- 6 fants and children; 7 (C) a concern regarding food fraud for eco- 8 nomic gain, especially with mislabeling and in- 9 tentionally misleading claims; 10 (D) an increasing volume of imported food, 11 without adequate monitoring and inspection; 12 and 13 (E) maintenance of rigorous inspection of 14 the domestic food processing and food service 15 industries; 16 (5) Federal food safety standard setting, in- 17 spection, enforcement, and research efforts should be 18 based on the best available science and public health 19 considerations and food safety resources should be 20 systematically deployed in ways that most effectively 21 prevent foodborne illness; 22 (6) the Federal food safety system is frag- 23 mented, with at least 15 Federal agencies sharing 24 responsibility for food safety, and operates under 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4755 IH laws that do not reflect current conditions in the 1 food system or current scientific knowledge about 2 the cause and prevention of foodborne illness; 3 (7) the fragmented Federal food safety system 4 and outdated laws preclude an integrated, system- 5 wide approach to preventing foodborne illness, to the 6 effective and efficient operation of the Nation’s food 7 safety program, and to the most beneficial deploy- 8 ment of food safety resources; 9 (8) the National Academy of Sciences rec- 10 ommended in the report ‘‘Ensuring Safe Food from 11 Production to Consumption’’ that Congress establish 12 by statute a unified and central framework for man- 13 aging Federal food safety programs, and rec- 14 ommended modifying Federal statutes so that in- 15 spection, enforcement, and research efforts are 16 based on scientifically supportable assessments of 17 risks to public health; and 18 (9) the lack of a single focal point for food safe- 19 ty leadership in the United States undercuts the 20 ability of the United States to exert food safety lead- 21 ership internationally, which is detrimental to the 22 public health and the international trade interests of 23 the United States. 24 (b) PURPOSES.—The purposes of this Act are— 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4755 IH (1) to establish a single agency to be known as 1 the ‘‘Food Safety Administration’’ to— 2 (A) regulate food safety and related label- 3 ing to strengthen the protection of the public 4 health; 5 (B) ensure that food facilities fulfill their 6 responsibility to produce food in a manner that 7 protects the public health of all people in the 8 United States; 9 (C) lead an integrated, systemwide ap- 10 proach to food safety and to make more effec- 11 tive and efficient use of resources to prevent 12 foodborne illness; 13 (D) provide a single focal point for food 14 safety leadership, both nationally and inter- 15 nationally; and 16 (E) provide an integrated food safety re- 17 search capability, utilizing internally generated, 18 scientifically and statistically valid studies or 19 other food safety initiatives, in cooperation with 20 academic institutions, food safety nonprofit or- 21 ganizations, and other scientific entities of the 22 Federal and State governments, to achieve the 23 continuous improvement of research on 24 foodborne illness and contaminants; 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4755 IH (2) to transfer to the Food Safety Administra- 1 tion the food safety, labeling, inspection, and en- 2 forcement functions that, as of the day before the 3 date of enactment of this Act, are performed by 4 other Federal agencies; and 5 (3) to modernize and strengthen the Federal 6 food safety laws to achieve more effective application 7 and efficient management of the laws for the protec- 8 tion and improvement of public health. 9 SEC. 3. DEFINITIONS. 10 In this Act: 11 (1) ADMINISTRATION.—The term ‘‘Administra- 12 tion’’ means the Food Safety Administration estab- 13 lished under section 101(a)(1). 14 (2) ADMINISTRATOR.—The term ‘‘Adminis- 15 trator’’ means the Administrator of Food Safety ap- 16 pointed under section 101(a)(3). 17 (3) ADULTERATED.— 18 (A) IN GENERAL.—The term ‘‘adulter- 19 ated’’ has the meaning given the term in— 20 (i) section 402 of the Federal Food, 21 Drug, and Cosmetic Act (21 U.S.C. 342) 22 for food regulated under such Act; 23 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4755 IH (ii) section 1(m) of the Federal Meat 1 Inspection Act (21 U.S.C. 601(m)) for 2 food regulated under such Act; 3 (iii) section 4(g) of the Poultry Prod- 4 ucts Inspection Act (21 U.S.C. 453(g)) for 5 food regulated under such Act; and 6 (iv) section 4(a) of the Egg Products 7 Inspection Act (21 U.S.C. 1033(a)) for 8 food regulated under such Act. 9 (B) INCLUSION.—In applying the defini- 10 tions cited in subparagraph (A), poisonous or 11 deleterious substances in food shall be treated 12 as an added substance if the poisonous or dele- 13 terious substances are known to cause serious 14 illness or death in persons, including in sen- 15 sitive populations. 16 (4) AGENCY.—The term ‘‘agency’’ has the 17 meaning given the term in section 551 of title 5, 18 United States Code. 19 (5) CATEGORY 1 FOOD FACILITY.—The term 20 ‘‘category 1 food facility’’ means a facility that 21 slaughters animals for food. 22 (6) CATEGORY 2 FOOD FACILITY.—The term 23 ‘‘category 2 food facility’’ means a facility that proc- 24 esses— 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4755 IH (A) raw meat, poultry, or seafood in a 1 manner that may reduce but is not validated to 2 destroy contaminants; or 3 (B) other products that the Administrator 4 determines by regulation to be at high risk of 5 contamination. 6 (7) CATEGORY 3 FOOD FACILITY.—The term 7 ‘‘category 3 food facility’’ means a facility— 8 (A) that processes meat, poultry, or sea- 9 food, or other products that the Administrator 10 determines by regulation to be at high risk of 11 contamination; and 12 (B) whose processes include one or more 13 steps validated to destroy contaminants. 14 (8) CATEGORY 4 FOOD FACILITY.—The term 15 ‘‘category 4 food facility’’ means a facility that proc- 16 esses food but is not a category 1, 2, or 3 food facil- 17 ity. 18 (9) CATEGORY 5 FOOD FACILITY.—The term 19 ‘‘category 5 food facility’’ means a facility that 20 stores, holds, or transports food prior to delivery for 21 retail sale. 22 (10) CONTAMINANT.—The term ‘‘contaminant’’ 23 includes biological, chemical, physical, or radiological 24 hazards, natural toxins, pesticides, drug residues, 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4755 IH decomposition, parasites, allergens, and unapproved 1 food or color additives. 2 (11) CONTAMINATION.—The term ‘‘contamina- 3 tion’’ refers to a presence of a contaminant in food, 4 which may occur naturally or be introduced into a 5 food. 6 (12) FEED FACILITY.—The term ‘‘feed facility’’ 7 means a domestic or foreign feed manufacturer, 8 processor, packer, warehouse, or other facility that— 9 (A) if operating in the United States, man- 10 ufactures, slaughters, processes, or holds animal 11 feed or feed ingredients; or 12 (B) if operating elsewhere, manufactures, 13 slaughters, processes, or holds animal feed or 14 feed ingredients intended for consumption in 15 the United States. 16 (13) FOOD.— 17 (A) IN GENERAL.—The term ‘‘food’’ 18 means a product intended to be used for food 19 or drink for a human or an animal. 20 (B) INCLUSIONS.—The term ‘‘food’’ in- 21 cludes any product (including a meat food prod- 22 uct, as defined in section 1(j) of the Federal 23 Meat Inspection Act (21 U.S.C. 601(j))), capa- 24 ble for use as human and animal food that is 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4755 IH made in whole or in part from any animal, in- 1 cluding cattle, sheep, swine, goat, or poultry (as 2 defined in section 4 of the Poultry Products In- 3 spection Act (21 U.S.C. 453)), and animal feed. 4 (14) FOOD FACILITY.— 5 (A) IN GENERAL.—The term ‘‘food facil- 6 ity’’ means a domestic or foreign food manufac- 7 turer, slaughterhouse, processor, packer, ware- 8 house, or other facility that— 9 (i) if operating in the United States, 10 manufactures, slaughters, processes, or 11 holds food or food ingredients; or 12 (ii) if operating outside the United 13 States, manufactures, slaughters, proc- 14 esses, or holds food intended for consump- 15 tion in the United States. 16 (B) EXCLUSIONS.—For the purposes of 17 registration, the term ‘‘food facility’’ does not 18 include— 19 (i) a farm, restaurant, other retail 20 food establishment, nonprofit food estab- 21 lishment in which food is prepared for or 22 served directly to the consumer; or 23 (ii) a fishing vessel (other than a fish- 24 ing vessel engaged in processing, as that 25 VerDate Sep 11 2014 02:44 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4755.IH H4755 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4755 IH term is defined in section 123.3(k) of title 1 21, Code of Federal Regulations). 2 (15) FOOD PRODUCTION ESTABLISHMENT. 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