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Processed Food Safety Act Introduced

Processed Food Safety Act Introduced

December 5/Washington/U.S. Fed News -- Sen. Dianne Feinstein, D-California, has introduced the Processed Food Safety Act of 2009 (S. 2819), legislation that would "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."

The bill was introduced on November 30. It was referred to the Senate Agriculture, Nutrition, and Forestry Committee.

A copy of the full-text of the legislation follows:

Processed Food Safety Act of 2009
S. 2819

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the 'Processed Food Safety Act of 2009'.

SEC. 2. POULTRY SAFETY.
(a) Definition of Misbranded- Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended--

(1) in paragraph (5)--

(A) by inserting '(A)' after '(5)';

(B) by striking 'showing (A) the name' and inserting the following: 'showing--

'(i) the name';

'(ii) subject to subparagraph (B), an accurate'; and

(D) by striking 'count: Provided, That under clause (B) of this subparagraph (5), reasonable' and inserting the following: 'count; and

'(iii) an accurate description of each cut of poultry or poultry product contained in the package or other container; and

'(B) except that under subparagraph (A)(ii), reasonable';

(2) in paragraph (7)(B), by striking '(other than spices, flavoring, and coloring)'; and

(3) 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'.

(b) Prohibited Acts- Section 9 of the Poultry Products Inspection Act (21 U.S.C. 458) is amended--

(1) in paragraph (5), by striking the period at the end and adding 'or'; and

(2) by adding at the end the following:

'(6) 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--

'(A) 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

'(B) 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.'.

(c) 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.

SEC. 3. MEAT SAFETY.
(a) Definition of Misbranded- Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended--

(1) in paragraph (5)--

(A) by inserting '(A)' after '(5)';

(B) by striking 'showing (A) the name' and inserting the following: 'showing--

'(i) the name';

'(ii) subject to subparagraph (B), an accurate'; and

(D) by striking 'count: Provided, That under clause (B) of this subparagraph (5), reasonable' and inserting the following: 'count; and

'(iii) an accurate description of each cut of meat or meat food product contained in the package or other container; and

'(B) except that under subparagraph (A)(ii), reasonable';

(2) in paragraph (7)(B), by striking '(other than spices, flavoring, and coloring)'; and

(3) 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'.

(b) Prohibited Acts- Section 10 of the Federal Meat Inspection Act (21 U.S.C. 610) is amended--

(1) by striking 'sec. 10. No person' and inserting the following:

'SEC. 10. PROHIBITED ACTS.
'No person';

(2) in subsection (c)--

(A) by striking 'in commerce (1) any' and inserting the following: 'in commerce--

'(A) any';

(B) by striking 'which (A) are capable of use as human food and (B) are' and inserting the following: 'that--

'(i) are capable of use as human food; and

'(ii) are'; and

'(B) any';

(3) by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively, and indenting appropriately;

(4) in paragraph (4) (as so redesignated), by striking the period at the end and inserting '; or'; and

(5) by adding at the end the following:

'(5) 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--

'(A) 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

'(B) 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.'.

(c) 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.

SEC. 4. FOOD SAFETY.
(a) 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:

'SEC. 418. PATHOGEN REDUCTION TREATMENT.
'(a) 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.

'(b) Certification- The Secretary shall promulgate regulations requiring each facility described in subsection (a) to certify to the Secretary that--

'(1) 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

'(2) each food leaving such facility has received pathogen reduction treatments, as required by the regulations promulgated under such subsection.'.

(b) 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.

(c) 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:

'(j) If the facility has not provided a certification required under section 418.'.

(d) 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--

(1) in paragraph (g), by striking '(other than spices,' and inserting '(including spices,';

(2) 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';

(3) 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

(4) in paragraph (x), by striking 'Notwithstanding subsection (g), (i), or (k), or any other law, a' and inserting 'A'.

From the December 7, 2009, Prepared Foods E-dition

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