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Title IV — Criminal penalties and other provisions

S. 1502 · 113th Congress · Sep 12, 2013 · Lineage

IV Criminal penalties and other provisions

Sec. 401 Criminal penalties

(a)
Poultry Products Inspection Act— Section 12 of the Poultry Products Inspection Act (21 U.S.C. 461) is amended by adding at the end the following:

“(d) Knowing introduction into commerce of unsafe food

“(1) Criminal sanctions

“(A) In general—Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce poultry or a poultry product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both.

“(B) Severe violations—A person that commits a violation described in subparagraph (A) after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both.

“(2) Penalties paid into account—The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994.

“(3) Discretion of the Secretary to prosecute—Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph (1) in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty.

“(4) Remedies not exclusive—The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act.”

(b)
Federal Meat Inspection Act— Section 406 of the Federal Meat Inspection Act (21 U.S.C. 676) is amended by adding at the end the following:

“(d) Knowing introduction into commerce of unsafe food

“(1) Criminal sanctions

“(A) In general—Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce meat or a meat food product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both.

“(B) Severe violations—A person that commits a violation described in subparagraph (A) after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both.

“(2) Penalties paid into account—The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994.

“(3) Discretion of the Secretary to prosecute—Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph (1) in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty.

“(4) Remedies not exclusive—The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act.”

(c)
Egg Products Inspection Act— Section 12 of the Egg Products Inspection Act (21 U.S.C. 1041) is amended by adding at the end the following:

“(f) Knowing introduction into commerce of unsafe food

“(1) Criminal sanctions

“(A) In general—Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce eggs or egg products that are unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both.

“(B) Severe violations—A person that commits a violation described in subparagraph (A) after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both.

“(2) Penalties paid into account—The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994.

“(3) Discretion of the Secretary to prosecute—Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph (1) in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty.

“(4) Remedies not exclusive—The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act.”

Sec. 402 Ongoing assessment of occupational health

Not later than 2 years after the date of enactment of this Act, and not less than every 2 years thereafter, the Secretary of Agriculture, acting through the Under Secretary of Food Safety, in cooperation with the Director of the National Institute for Occupational Safety and Health and the Assistant Secretary of Labor for Occupational Safety and Health, shall publish a report that—
(1)
describes occupational health and safety trends throughout federally inspected establishments; and
(2)
includes recommendations for improving environmental health for private and Federal employees, including findings of appropriate maximum line speed allowances in processing and slaughter establishments, as determined by the Secretary of Labor in consultation with the Secretary of Agriculture to ensure an appropriate level of occupational safety.

Sec. 403 Reports and evaluation of implementation

(a)
Secretary—
(1)
In general— Not later than 1 year after the date of enactment of this Act and each of the following 2 years, the Secretary of Agriculture shall submit to Congress a report that—
(A)
describes the progress of the Secretary in implementing this Act and the amendments made by this Act;
(B)
includes any requests for additional resources or clarification or modification of policy; and
(C)
suggests any necessary technical or conforming amendments.
(2)
Public health information system— Not later than 1 year after the date of enactment of this Act and each of the following 3 years, the Secretary of Agriculture shall submit to Congress a report that describes—
(A)
the effectiveness of the public health information system of the Food Safety and Inspection Service;
(B)
whether the system is effective, accurate, and reflects actual program implementation; and
(C)
whether data contained in the system is usable to evaluate public health programs.
(b)
Comptroller General— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(1)
carry out a comprehensive evaluation of the implementation and effectiveness of the implementation of this Act and the amendments made by this Act, including—
(A)
management of agency resources;
(B)
the ability of industry to comply; and
(C)
the public health and food safety outcomes achieved; and
(2)
submit to Congress a report describing the results of the evaluation.

Sec. 404 Authorization of appropriations

(a)
In general— Subject to subsection (b), there are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as are necessary for each fiscal year.
(b)
Limitation on appropriations—
(1)
In general— For the fiscal year that includes the date of enactment of this Act, the amount authorized to be appropriated to carry out this Act (other than section 304) and the amendments made by this Act shall not exceed—
(A)
the amount appropriated for that fiscal year for the Food Safety and Inspection Service, including any additional separate appropriations for the activities of the Under Secretary for Food Safety; or
(B)
the amount appropriated for the Food Safety and Inspection Service and the Under Secretary for Food Safety for the preceding fiscal year, if as of the date of enactment of this Act, the relevant appropriations for the fiscal year that includes the date of enactment of this Act have not yet been made.
(2)
Research— For the fiscal year that includes the date of enactment of this Act, the amount authorized to be appropriated to carry out section 304 shall not exceed—
(A)
the amount appropriated for that fiscal year for the research, education, and economics mission area of the Department of Agriculture, including any additional separate appropriations for the activities of the Under Secretary for Research, Education, and Economics; or
(B)
the amount appropriated for the research, education, and economics mission area of the Department of Agriculture and the Under Secretary for Research, Education, and Economics for the preceding fiscal year, if as of the date of enactment of this Act, the relevant appropriations for the fiscal year that includes the date of enactment of this Act have not yet been made.