[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2453
To amend the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and animal quarantine laws to provide for improved
public health and food safety through the reduction of pathogens, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22 (legislative day, September 12), 1994
Mr. Daschle (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and animal quarantine laws to provide for improved
public health and food safety through the reduction of pathogens, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as ``The Pathogen Reduction Act of
1994''.
TITLE I
legislative findings
Sec. 101. The Congress finds that:
(a) Pathogens are a significant source of foodborne illness
associated with meat, meat food products, poultry, and poultry
products.
(b) Proper handling of meat or products of cattle, sheep,
swine, goats, horses, mules, or other equines, or poultry
products which may bear or contain human pathogens is necessary
to prevent foodborne illness.
(c) Livestock and poultry producers, handlers, processors,
distributors, transporters, and retailers all share
responsibility in handling livestock, meat, meat food products,
poultry, and poultry products in such a way as to protect the
public health.
(d) The distribution of meat, meat food products, poultry,
or poultry products which could be injurious to the public
health because they contain human pathogens, would impair the
effective regulation of wholesome meat, meat food products,
poultry, or poultry products in interstate and foreign commerce
and would destroy markets for wholesome products.
(e) In order to reduce the risk of foodborne illnesses and
protect public health, a concerted effort is required on the
part of regulatory authorities and all parties involved in the
production and handling of meat, meat food products, poultry,
or poultry products to address the problem of microbial
contamination using the best available scientific information
and appropriate technology.
(f) All articles and other animals which are subject to
this Act are either in interstate or foreign commerce or
substantially affect such commerce, and regulation by the
Secretary of Agriculture and cooperation by the States as
contemplated by this Act are necessary to prevent or eliminate
burdens upon such commerce and to protect the health and
welfare of consumers.
amendments to the federal meat inspection act
Sec. 102. The Federal Meat Inspection Act (21 U.S.C. 601, et seq.)
is amended:
(1) In section 1 (21 U.S.C. 601), by adding a definition of
``official establishment'' to read as follows:
``(w) The term `official establishment' means any establishment as
determined by the Secretary at which inspection of the slaughter of
cattle, sheep, swine, goats, mules, and other equines, or the
processing of meat and meat food products of such animals, is
maintained under authority of this Act.'';
(2) In section 3(a) (21 U.S.C. 603(a)), by inserting ``on
the basis of the best available scientific and technologic
data, and evaluation of the risks posed to public health and
safety,'' after the words ``That hereafter,''.
(3) In section 4 (21 U.S.C. 604), by inserting ``, on the
basis of the best available scientific and technologic data,
and evaluation of the risks posed to public health and
safety,'' after the words ``That for the purposes hereinbefore
set forth''.
(4) In section 301(c)(1), (21 U.S.C. 661(c)(1)), by
inserting ``or by thirty days prior to the expiration of two
years after enactment of the Pathogen Reduction Act of 1994,''
after the words ``the Wholesome Meat Act,''.
(5) In section 301(c), (21 U.S.C. 661(c)), by deleting
``titles I and IV'', ``title I and title IV'', and ``title I
and IV'', wherever they appear and inserting in lieu thereof
``titles I, IV, and V''.
(6) By adding at the end thereof a new title V to read as
follows:
``TITLE V--PATHOGEN REDUCTION
``Sec. 501. (a) The Secretary is directed upon the basis of the
best available scientific and technologic data, as determined by the
Secretary, to prescribe by regulation such actions as the Secretary
deems necessary to--
``(1) limit the presence of human pathogens in cattle,
sheep, swine, goats, horses, mules, or other equines at the
time they are presented for slaughter;
``(2) ensure that appropriate measures are taken to control
the presence and growth of human pathogens on carcasses and
parts thereof and on meat or meat food products derived from
such animals prepared in any official establishment;
``(3) ensure that all ready-to-eat meat or meat food
products prepared in any official establishment preparing any
such article for distribution in commerce are processed in such
a manner as to destroy any human pathogens likely to cause
foodborne illness; and
``(4) ensure that meat and meat food products other than
those included in subsection (a)(3) of this section prepared
any official establishment preparing any such article for
distribution in commerce are labeled with instructions for
handling and preparation for consumption which, when adhered
to, destroy any human pathogens likely to cause foodborne
illness.
``(b) Carcasses or parts thereof and meat or meat food products
prepared at any official establishment preparing any such article for
distribution in commerce which are found not to be in compliance with
the regulations promulgated under subsection (a)(2), (a)(3), or (a)(4)
of this section shall be considered adulterated and condemned and
shall, if no appeal be taken from such determination of condemnation,
be destroyed for human food purposes under the supervision of an
inspector: Provided, That carcasses or parts thereof, and meat and meat
food products which are not in compliance with subsection (a)(2),
(a)(3), or (a)(4) of this section, but which may by processing,
labeling, or both, as applicable, in accordance with subsection (a)(2),
(a)(3), or (a)(4) of this section be made not adulterated need not be
condemned and destroyed if so reprocessed, labeled, or both, as
applicable and as determined by the Secretary, under the supervision of
an inspector and thereafter inspected and found to be not adulterated.
If an appeal be taken from such determination of condemnation, the
carcasses or parts thereof, or meat and meat food products shall be
appropriately marked, segregated and held by the official establishment
pending completion of an appeal inspection. If the determination of
condemnation is sustained, the carcasses or parts thereof, and meat and
meat food products if not so reprocessed, labeled, or both, as
applicable, as to be made not adulterated shall be destroyed for human
food purposes under the supervision of a duly authorized representative
of the Secretary.
``(c) The Secretary shall, within two years of the enactment of
this Act, issue regulations that--
``(1) require meat and meat food products prepared in any
official establishment to be tested, in such manner and with
such frequency as the Secretary deems necessary, to identify
human disease-causing pathogens or markers for these pathogens
in the meat and meat food products;
``(2) require that the results of any test conducted in
accordance with subsection (c)(1) of this section be reported
to the Secretary, in such manner and with such frequency as the
Secretary deems necessary;
``(3) establish, to the maximum extent scientifically
supportable, levels of human pathogens that, when found on meat
or meat food products prepared in official establishments,
constitute a threat to public health. When making decisions
regarding specific human pathogen levels, the Secretary shall
consider the risk to human health, including the risk to
infants, the elderly, persons whose immune systems are
compromised, and other population subgroups, posed by
consumption of the meat or meat food products containing the
human pathogen; and
``(4) prohibit or restrict the sale, transportation, offer
for sale or transportation, or receipt for transportation of
any meat or meat food products that--
``(A) are capable of use as human food, and
``(B) exceed the levels of human pathogens
established in accordance with subsection (c)(3) of
this section.
``(d)(1) The Secretary shall, as the Secretary deems necessary and
feasible, conduct or support appropriate research regarding the
establishment of levels of human pathogens that when found on meat and
meat food products prepared in official establishments constitute a
threat to public health and shall conduct studies to validate these
levels.
``(2) The Secretary is directed to review, on a regular basis, all
regulations, processes, procedures and methods designed to limit and
control human pathogens on carcasses and parts thereof and on meat or
meat food products. This on-gong review shall include, as necessary,
epidemiologic and other scientific studies to ascertain the efficiency
and efficacy of such regulations, processes, procedures and methods.
``(3) The Secretary shall consult with the Public Health Service,
the Centers for Disease Control and Prevention, the Food and Drug
Administration, and any other State or Federal public health agency the
Secretary deems necessary in order to carry out subsections (c)(1),
(c)(3), (d)(1), and (d)(2) of this section.
``notification, distribution, and recall regarding nonconforming
articles
``Sec. 502. (a) Any person, firm, or corporation preparing
carcasses or parts thereof, meat or meat food products for distribution
in commerce which obtains knowledge providing a reasonable basis for
believing that any carcasses or parts thereof or any meat or meat food
products--
``(1) are adulterated, or not produced in compliance with
section 501(a) of this Act or the regulations promulgated
thereunder; or
``(2) are misbranded, shall immediately notify the
Secretary, in such manner and by such means as the Secretary
may by regulation prescribe, of the identity and location of
such articles.
``(b) If the Secretary finds, upon such notification or otherwise,
that any carcasses or parts thereof or any meat or meat food products--
``(1) are adulterated or not produced in compliance with
section 501(a) of this Act or the regulations promulgated
thereunder and that there is a reasonable probability that
human consumption of such articles present a threat to the
public health, as determined by the Secretary; or
``(2) are misbranded, the Secretary shall provide the
appropriate person, firm, or corporation with an opportunity to
cease distribution of such articles; notify all persons, firms,
or corporations transporting or distributing such articles or
to which such articles were shipped or sold to immediately
cease distribution of such articles; and to recall the
articles. If the person, firm, or corporation refuses to
voluntarily cease distribution, make notification, and recall
the articles or does not voluntarily cease distribution, make
notification, and recall the articles within the time or in the
manner prescribed by the Secretary, the Secretary shall
immediately issue an order requiring the person, firm, or
corporation (including the official establishment which
prepared the articles), as the Secretary deems necessary to:
immediately cease distribution of such articles; and
immediately notify all persons, firms, or corporations
transporting or distributing such articles or to which such
articles were shipped or sold to immediately cease distribution
of such articles. The order shall provide any person, firm, or
corporation subject to the order with an opportunity for an
informal hearing, to be held not later than 5 days after the
date of the issuance of the order, on the actions required by
the order and on whether the order should be amended to require
recall of such articles. If, after providing an opportunity for
such a hearing, the Secretary determines that inadequate
grounds exist to support the actions required by the order, the
Secretary shall vacate the order.
``(c) If, after providing an opportunity for an informal hearing
under subsection (b) of this section, the Secretary determines that the
articles that are the subject of an order under subsection (b) of this
section must be recalled, the Secretary shall amend the order to
require a recall. The Secretary shall--
``(1) specify a timetable in which the recall will occur;
``(2) require periodic reports to the Secretary describing
the progress of the recall; and
``(3) provide for notice to consumers to whom such articles
were, or may have been distributed as to how they should treat
the article.
``livestock traceback
``Sec. 503. (a) For the purpose of limiting the risk of foodborne
illness from carcasses and parts thereof and meat and meat food
products distributed in commerce, the Secretary shall, as the Secretary
deems 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 it has been held for such period prior to slaughter that the
Secretary deems necessary to effectuate the purposes of this Act. 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.
``(b) The Secretary is authorized to require that all persons,
firms, and corporations required to identify livestock pursuant to
subsection (a) of this section maintain accurate records, as prescribed
by the Secretary, regarding the purchase, sale, and identification such
livestock; and all persons, firms, and corporations subject to such
requirements shall, at all reasonable times, upon notice by a duly
authorized representative of the Secretary, afford such representative
access to their places of business and opportunity to examine the
records thereof, and to copy any such records. Any such record required
to be maintained by this section shall be maintained for such period of
time as the Secretary prescribes.
``(c) 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.
``(d) 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.
``(e)(1) If the Secretary finds any human pathogen 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 or residue presents a threat to public
health, the Secretary may take such action as the Secretary deems
necessary to determine the source of the human pathogen or residue.
``(2) If the Secretary identifies the source of any human pathogen
or residue described in subsection (e)(1) of this section, the
Secretary is authorized to 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 or residue until
the Secretary determines that the human pathogen or residue at the
source no longer presents a threat to public health.
``(f)(1) The Secretary shall use any means of identification and
recordkeeping methods utilized 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 the
purposes of this section.
``(2) The Secretary is authorized to cooperate with producers or
handlers of cattle, sheep, swine, goats, horses, mules, or other
equines, in which any human pathogen or residue described in subsection
(e)(1) of this section is found, to develop and implement methods to
limit or eliminate the human pathogen or residue at the source.
``refusal or withdrawal of inspection
``Sec. 504. (a) The Secretary may for such period, or indefinitely,
as the Secretary deems necessary to effectuate the purposes of this
Act, refuse to provide, or withdraw, inspection service under title I
of this Act with respect to any official establishment if the Secretary
determines, after opportunity for a hearing is accorded to the
applicant for, or recipient of, such service, that the applicant or
recipient, or any person responsibly connected with the applicant or
recipient, has repeatedly failed to comply with the requirements of
this Act or the regulations promulgated thereunder.
``(b) The Secretary may direct that, pending opportunity for an
expedited hearing with respect to any refusal or withdrawal of
inspection service and the final determination and order under
subsection (a) of this section and any judicial review thereof,
inspection service shall be denied or suspended if the Secretary deems
such action necessary in the public interest in order to protect the
health or welfare of consumers or to assure the safe and effective
performance of official duties under this Act.
``(c) The determination and order of the Secretary with respect to
withdrawal or refusal of inspection service under this section shall be
final and conclusive unless the affected applicant for, or recipient
of, inspection service files application for judicial review within 30
days after the effective date of the order; and inspection service
shall be withdrawn or refused as of the effective date of the order
pending any judicial review of the order unless the Secretary directs
otherwise. Judicial review of any such order shall be in the United
States Court of Appeals for the circuit in which the applicant for, or
recipient of, inspection service has its principal place of business or
in the United States Court of Appeals for the District of Columbia
Circuit and shall be upon the record upon which the determination and
order are based. The provisions of section 204 of the Packers and
Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), shall be
applicable to appeals taken under this section.
``(d) The provisions of this section shall be in addition to and
not derogate from any other provision of this Act for refusal,
withdrawal, or suspension of inspection service under title I of this
Act.
``civil penalties
``Sec. 505. (a) Any person, firm, or corporation which violates any
provision of this Act, any regulation issued under this Act, or any
order issued under section 502(b) or (c) of this Act may be assessed a
civil penalty by the Secretary of not more than $100,000 per day of
violation. Each offense shall be a separate violation. No penalty shall
be assessed unless such person, firm, or corporation is given notice
and opportunity for a hearing on the record before the Secretary in
accordance with sections 554 and 556 of title 5, United States Code.
The amount of such civil penalty shall be assessed by the Secretary by
written order, taking into account the gravity of the violation, degree
of culpability, and history of prior offenses; and may be reviewed only
as provided in subsection (b) of this section.
``(b) Any person, firm, or corporation against whom such violation
is found and a civil penalty assessed by order of the Secretary under
subsection (a) of this section may obtain review in the Court of
Appeals of the United States for the circuit in which such party
resides or has a place of business or in the United States Court of
Appeals for the District of Columbia Circuit by filing a notice of
appeal in such Court within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to the
Secretary. The Secretary shall promptly file in such Court a certified
copy of the record upon which such violation was found and such penalty
assessed. The findings of the Secretary shall be set aside only if
found to be unsupported by substantial evidence on the record as a
whole.
``(c) If any person, firm, or corporation fails to pay an
assessment of a civil penalty after it has become a final and
unappealable order, or after the appropriate Court of Appeals has
entered final judgment in favor of the Secretary, the Secretary shall
refer the matter to the Attorney General, who shall institute a civil
action to recover the amount assessed in any appropriate district court
of the United States. In such collection action, the validity and
appropriateness of the Secretary's order imposing the civil penalty
shall not be subject to review.
``(d) All penalties collected under authority of this section shall
be paid into the Treasury of the United States.
``(e) Nothing in this Act shall be construed as requiring the
Secretary to report for criminal prosecution or for the institution of
libel or injunction proceedings, violations of this Act, whenever the
Secretary believes that the public interest will be adequately served
by assessment of civil penalties. Furthermore, the Secretary may, in
the Secretary's discretion, compromise, modify, or remit, with or
without conditions, any civil penalty assessed under this section.''.
amendments to the poultry products inspection act
Sec. 103. The Poultry Products Inspection Act (21 U.S.C. 451 et
seq.) is amended:
(1) In section 5(c) (21 U.S.C. 454(c)), by deleting ``and
12-22 of this Act'' and inserting in lieu thereof ``12-22, and
30-34 of this Act''.
(2) In section 5(c)(1) (21 U.S.C. 454(c)(1)), by inserting
``or by thirty days prior to the expiration of two years after
enactment of the Pathogen Reduction Act of 1994,'' after the
words ``the Wholesome Poultry Products Act,''.
(3) In section 6(a) (21 U.S.C. 455(a)), by inserting ``on
the basis of the best available scientific and technologic
data, and evaluation of the risks posed to public health and
safety,'' after the word ``necessary''.
(4) In section 6(b) (21 U.S.C. 455(b)), by inserting ``on
the basis of the best available scientific and technologic
data, and evaluation of the risks posed to public health and
safety,'' after the words ``The Secretary,''.
(5) By adding at the end thereof new sections 30 through 34
as follows:
``pathogen reduction
``Sec. 30. (a) The Secretary is directed upon the basis of the best
available scientific and technologic data, as determined by the
Secretary, to prescribe by regulation such actions as the Secretary
deems necessary to--
``(1) limit the presence of human pathogens in poultry at
the time they are presented for slaughter;
``(2) ensure that appropriate means are taken to control
the presence and growth of human pathogens on poultry or
poultry products prepared in any official establishment;
``(3) ensure that all ready-to-eat poultry and poultry
products prepared in any official establishment preparing any
such article for distribution in commerce are processed in such
a manner as to destroy any human pathogens likely to cause
foodborne illness; and
``(4) ensure that poultry and poultry products other than
those included in subsection (a)(3) of this section prepared at
any official establishment preparing any such article for
distribution in commerce are labeled with instructions for
handling and preparation for consumption which, when adhered
to, destroy any human pathogens likely to cause foodborne
illness.
``(b) Poultry or poultry products prepared at any official
establishment preparing any such article for distribution in commerce
which are found not to be in compliance with the regulations
promulgated under subsection (a)(2), (a)(3), or (a)(4) of this section
shall be considered adulterated and condemned and shall, if no appeal
be taken from such determination of condemnation, be destroyed for
human food purposes under the supervision of an inspector: Provided,
That poultry and poultry products which are not in compliance with
subsection (a)(2), (a)(3), or (a)(4) of this section but which may by
reprocessing, labeling, or both, as applicable, in accordance with
subsection (a)(2), (a)(3), or (a)(4) of this section be made not
adulterated need not be condemned and destroyed if so reprocessed,
labeled, or both, as applicable and as determined by the Secretary,
under the supervision of an inspector and thereafter inspected and
found to be not adulterated. If an appeal be taken from such
determination of condemnation, the poultry or poultry products shall be
appropriately marked, segregated, and held by the official
establishment pending completion of an appeal inspection. If the
determination of condemnation is sustained, the poultry and poultry
products if not so reprocessed, labeled, or both, as applicable, as to
be made not adulterated shall be destroyed for human food purposes
under the supervision of a duly authorized representative of the
Secretary.
``(c) The Secretary shall, within two years of the enactment of
this Act, issue regulations that--
``(1) require poultry and poultry products prepared in any
official establishment to be tested, in such manner and with
such frequency as the Secretary deems necessary, to identify
human disease-causing pathogens or markers for these pathogens
in the poultry and poultry products;
``(2) require that the results of any test conducted in
accordance with subsection (c)(1) of this section be reported
to the Secretary, in such manner and with such frequency as the
Secretary deems necessary;
``(3) establish, to the maximum extent scientifically
supportable, levels of human pathogens that, when found on
poultry and poultry products prepared in official
establishments, constitute a threat to public health. When
making decisions regarding specific human pathogen levels, the
Secretary shall consider the risk to human health, including
the risk to infants, the elderly, persons whose immune systems
are compromised, and other population subgroups, posed by
consumption of the poultry or poultry products containing the
human pathogen; and
``(4) prohibit or restrict the sale, transportation, offer
for sale or transportation, or receipt for transportation of
any poultry or poultry products that--
``(A) are capable of use as human food, and
``(B) exceed the levels of human pathogens
established in accordance with subsection (c)(3) of
this section.
``(d)(1) The Secretary shall, as the Secretary deems necessary and
feasible, conduct or support appropriate research regarding the
establishment of levels of human pathogens that when found on poultry
and poultry products prepared in official establishments constitute a
threat to public health and shall conduct studies to validate these
levels.
``(2) The Secretary is directed to review, on a regular basis, all
regulations, processes, procedures and methods designed to limit and
control human pathogens on poultry and poultry products. This ongoing
review shall include, as necessary, epidemiologic and other scientific
studies to ascertain the efficiency and efficacy of such regulations,
processes, procedures and methods.
``(3) The Secretary shall consult with the Public Health Service,
the Centers for Disease Control and Prevention, the Food and Drug
Administration, and any other State or Federal public health agency the
Secretary deems necessary in order to carry out subsections (c)(1),
(c)(3), (d)(1), and (d)(2) of this section.
``notification, distribution, and recall regarding nonconforming
articles
``Sec. 31. (a) Any person preparing poultry or poultry products for
distribution in commerce which obtains knowledge providing a reasonable
basis for believing that any poultry or poultry products--
``(1) are adulterated or not produced in compliance with
section 30(a) of this Act or the regulations promulgated
thereunder; or
``(2) are misbranded, shall immediately notify the
Secretary, in such manner and by such means as the Secretary
may by regulation prescribe, of the identity and location of
such poultry or poultry products.
``(b) If the Secretary finds, upon such notification or otherwise,
that any poultry or poultry products--
``(1) are adulterated or not produced in compliance with
section 30(a) of this Act or the regulations promulgated
thereunder and that there is a reasonable probability that
human consumption of such articles present a threat to the
public health, as determined by the Secretary; or
``(2) are misbranded, the Secretary shall provide the
appropriate person with an opportunity to cease distribution of
such articles; notify all persons, firms, or corporations
transporting or distributing such articles or to which such
articles were shipped or sold to immediately cease distribution
of such articles; and to recall the articles. If the person
refuses to voluntarily cease distribution, make notification,
and recall the articles or does not voluntarily cease
distribution, make notification, and recall the articles within
the time or in the manner prescribed by the Secretary, the
Secretary shall immediately issue an order requiring the person
(including the official establishment which prepared the
articles), as the Secretary deems necessary to: immediately
cease distribution of such articles; and immediately notify all
persons, firms, or corporations transporting or distributing
such articles or to which such articles were shipped or sold to
immediately cease distribution of such articles. The order
shall provide any person subject to the order with an
opportunity for an informal hearing, to be held not later than
5 days after the date of the issuance of the order, on the
actions required by the order and on whether the order should
be amended to require recall of such articles. If, after
providing an opportunity for such a hearing, the Secretary
determines that inadequate grounds exist to support the actions
required by the order, the Secretary shall vacate the order.
``(c) If, after providing an opportunity for an informal hearing
under subsection (b) of this section, the Secretary determines that the
articles that are the subject of an order under subsection (b) of this
section must be recalled, the Secretary shall amend the order to
require a recall. The Secretary shall--
``(1) specify a timetable in which the recall will occur;
``(2) require periodic reports to the Secretary describing
the progress of the recall; and
``(3) provide for notice to consumers to whom such articles
were, or may have been, distributed as to how they should treat
the article.
``poultry traceback
``Sec. 32. (a) For the purpose of limiting the risk of foodborne
illness from poultry and poultry products distributed in commerce, the
Secretary shall, as the Secretary deems 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 bird to any premises at which it has been held
for such period prior to slaughter that the Secretary deems necessary
to effectuate the purposes of this Act. 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.
``(b) The Secretary is authorized to require that all persons
required to identify poultry pursuant to subsection (a) of this
section, maintain accurate records, as prescribed by the Secretary,
regarding the purchase, sale, and identification of such poultry; and
all persons subject to such requirements shall, at all reasonable
times, upon notice by a duly authorized representative of the
Secretary, afford such representative access to their places of
business and opportunity to examine the records thereof, and to copy
any such records. Any such record required to be maintained by this
section shall be maintained for such period of time as the Secretary
prescribes.
``(c) No person shall falsify or misrepresent to any other person
or to the Secretary, any information as to any premises at which any
poultry, or the carcasses thereof, were held.
``(d) No person 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 carcasses thereof.
``(e)(1) If the Secretary finds any human pathogen or any residue
in any poultry at the time they are presented for slaughter or in any
poultry carcasses, parts of poultry carcasses, or poultry products
prepared in an official establishment and the Secretary finds that
there is a reasonable probability that human consumption of any poultry
or poultry product containing the human pathogen or residue presents a
threat to public health, the Secretary may take such action as the
Secretary deems necessary to determine the source of the human pathogen
or residue.
``(2) If the Secretary identifies the source of any human pathogen
or residue described in subsection (e)(1) of this section, the
Secretary is authorized to prohibit or restrict the movement of any
poultry, poultry carcasses, parts of poultry carcasses, poultry
product, or any other article from any source of the human pathogen or
residue until the Secretary determines that the human pathogen or
residue at the source no longer presents a threat to public health.
``(f)(1) The Secretary shall use any means of identification and
recordkeeping methods utilized by producers or handlers of poultry
whenever such means of identification and recordkeeping methods will
enable the Secretary to carry out the purposes of this section.
``(2) The Secretary is authorized to cooperate with producers or
handlers of poultry, in which any human pathogen or residue described
in subsection (e)(1) of this section is found, to develop and implement
methods to limit or eliminate the human pathogen or residue at the
source.
``refusal or withdrawal of inspection
``Sec. 33. (a) The Secretary may for such period, or indefinitely,
as the Secretary deems necessary to effectuate the purposes of this
Act, refuse to provide, or withdraw, inspection service under this Act
with respect to any official establishment if the Secretary determines,
after opportunity for a hearing is accorded to the applicant for, or
recipient of, such service, that the applicant or recipient, or any
person responsibly connected with the applicant or recipient, has
repeatedly failed to comply with the requirements of this Act or the
regulations promulgated thereunder.
``(b) The Secretary may direct that, pending opportunity for an
expedited hearing with respect to any refusal or withdrawal of
inspection service and the final determination and order under
subsection (a) of this section and any judicial review thereof,
inspection service shall be denied or suspended if the Secretary deems
such action necessary in the public interest in order to protect the
health or welfare of consumers or to assure the safe and effective
performance of official duties under this Act.
``(c) The determination and order of the Secretary with respect to
withdrawal or refusal of inspection service under this section shall be
final and conclusive unless the affected applicant for, or recipient
of, inspection service files application for judicial review within 30
days after the effective date of the order; and inspection service
shall be withdrawn or refused as of the effective date of the order
pending any judicial review of the order unless the Secretary directs
otherwise. Judicial review of any such order shall be in the United
States Court of Appeals for the circuit in which the applicant for, or
recipient of, inspection service has its principal place of business or
in the United States Court of Appeals for the District of Columbia
Circuit and shall be upon the record upon which the determination and
order are based. The provisions of section 204 of the Packers and
Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), shall be
applicable to appeals taken under this section.
``(d) The provisions of this section shall be in addition to and
not derogate from any other provision of this Act for refusal,
withdrawal, or suspension of inspection service under this Act.
``civil penalties
``Sec. 34. (a) Any person which violates any provision of this Act,
any regulation issued under this Act, or any order issued under section
31 (b) or (c) of this Act may be assessed a civil penalty by the
Secretary of not more than $100,000 per day of violation. Each offense
shall be a separate violation. No penalty shall be assessed unless such
person is given notice and opportunity for a hearing on the record
before the Secretary in accordance with sections 554 and 556 of title
5, United States Code. The amount of such civil penalty shall be
assessed by the Secretary by written order, taking into account the
gravity of the violation, degree of culpability, and history of prior
offenses; and may be reviewed only as provided in subsection (b) of
this section.
``(b) Any person against whom such violation is found and a civil
penalty assessed by order of the Secretary under subsection (a) of this
section may obtain review in the Court of Appeals of the United States
for the circuit in which such party resides or has a place of business
or in the United States Court of Appeals of the District of Columbia
Circuit by filing a notice of appeal in such Court within 30 days from
the date of such order and by simultaneously sending a copy of such
notice by certified mail to the Secretary. The Secretary shall promptly
file in such Court a certified copy of the record upon which such
violation was found and such penalty assessed. The findings of the
Secretary shall be set aside only if found to be unsupported by
substantial evidence on the record as a whole.
``(c) If any person fails to pay an assessment of a civil penalty
after if has become a final and unappealable order, or after the
appropriate Court of Appeals has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General, who shall institute a civil action to recover the amount
assessed in any appropriate district court of the United States. In
such collection action, the validity and appropriateness of the
Secretary's order imposing the civil penalty shall not be subject to
review.
``(d) All penalties collected under authority of this section shall
be paid into the Treasury of the United States.
``(e) Nothing in this Act shall be construed as requiring the
Secretary to report for criminal prosecution or for the institution of
libel or injunction proceedings, violations of this Act, whenever the
Secretary believes that the public interest will be adequately served
by assessment of civil penalties. Furthermore, the Secretary may, in
the Secretary's discretion, compromise, modify, or remit, with or
without conditions, any civil penalty assessed under this section.
TITLE II
Sec. 201. Section 1 of the Act of July 2, 1962 (21 U.S.C. 134), is
amended by adding a new subsection (e) to read:
``(e) The term `disease' means any disease of livestock or poultry,
both infectious and non-infectious, and any other health-related
condition that may be transmitted by livestock or poultry or their
products to other animals or humans.''.
Sec. 202. Section 2(a) of the Act of July 2, 1962 (21 U.S.C.
134a(a)), is amended to read:
``(a) Whenever the Secretary deems it necessary in order to prevent
the introduction or dissemination of a disease, the Secretary may
seize, quarantine, and dispose of, in a reasonable manner taking into
consideration the nature of the disease and the necessity of such
action to protect the livestock or poultry of the United States, or the
health of the people of the United States because the disease may be
transmitted by livestock or poultry or their products: (1) any animals
which the Secretary finds are moving or are being handled or have moved
or have been handled in interstate or foreign commerce contrary to any
law or regulation administered by the Secretary for the prevention of
the introduction or dissemination of any disease; (2) any animals which
the Secretary finds are moving into the United States, or interstate,
and are affected with or have been exposed to any disease; and (3) any
animals which the Secretary finds have moved into the United States, or
interstate, and, at the time of such movement, were affected with or
exposed to any disease.''.
Sec. 203. Section 2(e) of the Act of July 2, 1962 (21 U.S.C.
134a(e)), is amended to read:
``(e) No such payment shall be made by the Secretary for any
animal, carcass, product, or article which has been moved or handled by
the owner thereof or the owner's agent in violation of a law or
regulation administered by the Secretary for the prevention of the
interstate dissemination of disease, for which the animal, carcass,
product, or article was destroyed or a law or regulation for the
enforcement of which the Secretary enters or has entered into a
cooperative agreement for the control and eradication of disease, or
for any animal which has moved into the United States contrary to such
law or regulation administered by the Secretary for the prevention of
the introduction of a disease.''.
Sec. 204. Section 3 of the Act of July 2, 1962 (21 U.S.C. 134b), is
amended to read: ``The Secretary, in order to protect the health of the
livestock or poultry of the United States, and the health of the people
of the United States because the disease may be transmitted by
livestock or poultry or their products, may promulgate regulations
requiring that railway cars; vessels; airplanes; trucks; and other
means of conveyance; stockyards; feed, water, and rest stations; and
other facilities, used in connection with the movement of animals into
or from the United States, or interstate, be maintained in a clean and
sanitary condition, including requirements for inspection, cleaning,
and disinfection.''.
Sec. 205. Section 4 of the Act of July 2, 1962 (21 U.S.C. 134c), is
amended to read: ``The Secretary is authorized to promulgate
regulations prohibiting or regulating the movement into the United
States of any animals which are or have been affected with or exposed
to any disease, or which have been vaccinated or otherwise treated for
any disease, or which the Secretary finds would otherwise be likely to
introduce or disseminate any disease, when the Secretary determines
that such action is necessary to protect the livestock or poultry of
the United States, or to protect the health of the people of the United
States because the disease may be transmitted by livestock or poultry
or their products.''.
Sec. 206. Section 5 of the Act of July 2, 1962 (21 U.S.C. 134d), is
amended to read: ``Employees of the Department of Agriculture
designated by the Secretary for the purpose, when properly identified,
shall have authority: (1) to stop and inspect, without a warrant, any
person or means of conveyance, moving into the United States from a
foreign country, to determine whether such person or means of
conveyance is carrying any animal, carcass, product, are article
regulated or subject to disposal under any law or regulation
administered by the Secretary for prevention of the introduction or
dissemination of any disease; (2) to stop and inspect, without a
warrant, any means of conveyance moving interstate upon probable cause
to believe the means of conveyance is carrying any animal, carcass,
product, or article regulated or subject to disposal under any law or
regulation administered by the Secretary for the prevention of the
introduction or dissemination of any disease; and (3) to enter upon,
with a warrant, any premises for the purpose of making inspections and
seizures necessary under any laws or regulation administered by the
Secretary for the prevention of the introduction or dissemination of
any disease. Any Federal judge, or any judge of a court of record in
the United States, or any United States Commissioner, may, within such
Commissioner's jurisdiction, upon proper oath or affirmation indicating
probable cause to believe that there is on certain premises any animal,
carcass, product, or article regulated or subject to disposal under any
law or regulation administered by the Secretary for the prevention of
the introduction or dissemination of any disease, issue warrants for
the entry upon such premises and for inspections and seizures necessary
under such laws and regulations. Warrants may be executed by any
authorized employee of the Department of Agriculture.''.
Sec. 207. Section 6 of the Act of August 30, 1890, as amended (21
U.S.C. 104), is amended to read:
``(a) The Secretary of Agriculture is authorized to prohibit or
restrict the importation of animals which are affected with disease or
which have been exposed to disease prior to their importation into the
United States.
``(b) Any person who knowingly violates any provision of this
section or sections 7 through 10 of this Act or any regulation
prescribed by the Secretary of Agriculture under any such section shall
be guilty of a misdemeanor and shall, on conviction, be punished by a
fine not exceeding $5,000, by imprisonment not exceeding one year, or
both. Any person who violates any such provision or any such regulation
may be assessed a civil penalty by the Secretary of Agriculture not
exceeding $1,000. The Secretary of Agriculture may issue an order
assessing such civil penalty only after notice and an opportunity for
an agency hearing on the record. The order shall be treated as a final
order reviewable under chapter 158 of Title 28. The validity of the
order may not be reviewed in an action to collect the civil penalty.
``(c) For the purposes of this Act the word `disease' means any
disease of livestock or poultry, both infectious and noninfectious, and
any other health-related condition that may be transmitted by livestock
or poultry or their products to other animals or humans.''.
Sec. 208. Section 8 of the Act of August 30, 1890 (21 U.S.C. 103),
is amended to read:
``(a) The Secretary of Agriculture is authorized to require animals
to be imported into ports in the United States designated by the
Secretary of Agriculture, with the approval of the Secretary of the
Treasury, as quarantine stations. If any animals required by the
Secretary of Agriculture to be imported into ports designated as
quarantine stations are brought to any port of the United States where
no quarantine station is established, the Secretary of Agriculture may
require the animals to be moved to the nearest quarantine station at
the expense of owner of the animals under such conditions as the
Secretary of Agriculture determines necessary to prevent the spread of
disease.
``(b) The Secretary of Agriculture may destroy animals which the
Secretary of Agriculture finds to be affected with or exposed to a
disease dangerous to other animals, or to the health of the people of
the United States because the disease may be transmitted by livestock
or poultry or their products.
``(c) Except as provided in subsection (d) of this section, the
Secretary of Agriculture shall compensate the owner of animals
destroyed in accordance with subsection (b) of this section which are
exposed to disease, but not affected with disease. Such compensation
shall be based upon the fair market value of the animal at the time of
destruction as determined by the Secretary of Agriculture. Compensation
paid any owner under this subsection shall not include anticipated
profits and shall not exceed the difference between any compensation
received by the owner of the animals from any other source and the fair
market value of the animal at the time of destruction. Funds in the
Treasury available for carrying out animal disease control activities
of the Department of Agriculture shall be used to compensate owners of
animals destroyed in accordance with subsection (b) of this section.
``(d) No payment shall be made by the Secretary of Agriculture for
animals destroyed in accordance with subsection (b) of this section if
the animal has been imported in violation of any law or regulation
administered by the Secretary of Agriculture for the prevention of the
introduction or dissemination of any disease.''.
Sec. 209. Section 1 of the Act of February 2, 1903, as amended (21
U.S.C. 121), is amended to read:
``(a) Whenever the Secretary of Agriculture issues a certificate
showing that the Secretary of Agriculture had inspected any livestock
and/or live poultry which were about to be exported from the United
States or moved interstate, and had found them free of any disease,
such animals, so inspected and certified, may be transported into and
through any State, or they may be exported from the United States
without further inspection or the exaction of fees of any kind, except
such as may at anytime be ordered or exacted by the Secretary of
Agriculture; and all such animals shall at all times be under control
and supervision of the Secretary of Agriculture for the purposes of
such inspection.
``(b) For the purposes of this Act, the word `disease' means any
disease of livestock or poultry, both infectious and non-infectious,
and any other health-related condition that may be transmitted by
livestock or poultry or their products to other animals or humans.
``(c) for the purposes of this Act, the word `State' means any of
the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 210. Section 2 of the Act of February 2, 1903, as amended (21
U.S.C. 111), is amended to read:
``(a) The Secretary of Agriculture is authorized to make such
regulations and take such measures as the Secretary of Agriculture
deems necessary to prevent the introduction or dissemination of any
disease from a foreign country into the United States or from one State
to another.
``(b) The Secretary of Agriculture is authorized to seize,
quarantine, and dispose of any hay, straw, forage, or similar material,
or any meats, hides, or other animal products coming from a foreign
country in which disease exists to the United States, or from one State
in which disease exists to another State, whenever in the Secretary of
Agriculture's judgment such action is advisable in order to prevent the
introduction or spread of disease.''.
Sec. 211. Section 3 of the Act of May 29, 1884, as amended (21
U.S.C. 114), is amended to read:
``(a) The Secretary of Agriculture is authorized to prepare
regulations for the speedy and effectual suppression and eradication of
diseases, and to certify such regulations to the executive authority of
each State, and invite these executive authorities to cooperate in the
execution and enforcement of this Act and section 2 of the Act of
February 2, 1903. Whenever the plans and methods of the Secretary of
Agriculture shall be accepted by any State in which a disease is
declared to exist, or any State shall have adopted plans and methods
for the suppression and eradication of diseases, and the State plans
and methods are accepted by the Secretary of Agriculture, and whenever
the Governor of a State or other properly constituted authorities
signify their readiness to cooperate for the suppression or eradication
of any disease in conformity with this Act and section 2 of the Act of
February 2, 1903, the Secretary of Agriculture is authorized to expend
so much of the money appropriated for carrying out this Act and section
2 of the Act of February 2, 1903, as may be necessary in such
investigations, and in such disinfection and quarantine measures as may
be necessary to prevent the spread of the disease from one state into
another.
``(b) For the purposes of this Act, the word `disease' means any
disease of livestock or poultry, both infectious and non-infectious,
and any other health-related condition that may be transmitted by
livestock or poultry or their products to other animals or humans.''
``(c) For the purposes of this section, the word `State' means any
of the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 212. Section 4 of the Act of May 29, 1884, as amended (21
U.S.C. 112), is amended to read: ``In order to promote the exportation
of livestock and/or live poultry from the United States, the Secretary
of Agriculture is authorized to investigate the existence of any
disease, along the dividing lines between the United States and foreign
countries, and along the lines of transportation from all parts of the
United States to ports from which livestock and/or live poultry are
exported, and may establish regulations concerning the exportation and
transportation of livestock and/or live poultry as the results of the
investigations may require.''.
Sec. 213. Section 5 of the Act of May 29, 1884, as amended (21
U.S.C. 113), is amended to read: ``In order to prevent the exportation
from the United States to any foreign country of livestock and/or live
poultry affected with disease or exposed to disease, the Secretary of
Agriculture is authorized to take such steps and adopt such measures,
as the Secretary of Agriculture may deem necessary.''.
Sec. 214. Sections 4 and 5 of the Act of May 29, 1884, as amended
(21 U.S.C. 120), are amended to read:
``(a) In order to enable the Secretary of Agriculture to
effectually suppress and eradicate diseases, and to prevent the spread
of diseases, the Secretary of Agriculture is authorized to establish
such regulations concerning the exportation and transportation of
livestock and/or live poultry from any place within the United States
where the Secretary of Agriculture may have reason to believe diseases
may exist into and through any state and to foreign countries as the
Secretary of Agriculture may deem necessary.
``(b) For the purposes of these sections, the word ``State'' means
any of the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 215. Section 6 of the Act of May 29, 1884, as amended (21
U.S.C. 115), is amended to read:
``(a) No person, company, or corporation shall transport, receive
for transportation, deliver for transportation, move, or cause to be
moved from one State to another any livestock and/or live poultry
affected with any disease except in accordance with regulations
prescribed by the Secretary of Agriculture to protect the livestock and
poultry of the United States and the health of the people of the United
States.
``(b) For the purposes of this section, the word `State' means any
of the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 216. Section 11 of the Act of May 29, 1884, as amended (21
U.S.C. 114a), is amended to read:
(a) The Secretary of Agriculture, either independently or in
cooperation with States or political subdivisions of States, farmers'
associations and similar organizations, and individuals, is authorized
to: (1) control and eradicate any diseases which in the opinion of the
Secretary of Agriculture constitute an emergency and threaten the
livestock industry or poultry industry of the United States, or the
health of the people of the United States because the disease may be
transmitted by livestock or poultry or their products; and (2) pay
claims growing out of destruction of animals (including poultry), and
of materials, affected by or exposed to any communicable disease, in
accordance with such regulations as the Secretary of Agriculture may
prescribe.
``(b) The Secretary of Agriculture is authorized to prescribe and
collect fees to recover the costs of carrying out this section which
relate to veterinary diagnostics.
``(c) For the purposes of this section, the word `State' means any
of the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 217. Section 1 of the Act of March 3, 1905, as amended (21
U.S.C. 123), is amended to read:
``(a) The Secretary of Agriculture is authorized to quarantine by
regulation any State, or any portion of any State, when the Secretary
of Agriculture shall determine the fact that any animals or live
poultry in such State are affected with any disease or that the
contagion of any disease exists or that vectors which may disseminate
any disease exist in such State.
``(b) For the purposes of this Act, the word `disease' means any
disease of livestock or poultry, both infectious and non-infectious,
and any other health-related condition that may be transmitted by
livestock or poultry or their products to other animals or humans.
``(c) For the purposes of this section, the word `State' means any
of the several States of the United States, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or possession of the United States.''.
Sec. 218. Section 1 of the Act of May 6, 1970, (21 U.S.C. 135), is
amended by designating the current section as subsection ``(a)''; by
deleting the words ``livestock or poultry disease or pests'' and by
inserting in lieu thereof ``diseases or livestock or poultry pests'';
by deleting ``livestock or poultry diseases or pests'' and by inserting
in lieu thereof ``diseases or livestock or poultry pests''; and by
adding a new subsection (b) to read:
``(b) For the purposes of this Act, the word ``diseases'' means any
diseases of livestock or poultry, both infectious and non-infectious,
and any other health-related condition that may be transmitted by
livestock or poultry or their products to other animals or humans.''.
Sec. 219. Section 12 of the Act of March 4, 1907, as amended (21
U.S.C. 612), is amended to read:
``(a) The Secretary is authorized to inspect all cattle, sheep,
swine, goats, horses, mules, and other equines intended and offered for
export to foreign countries at such times and places, and in such
manner as the Secretary may deem proper, to ascertain whether such
cattle, sheep, swine, goats, horses, mules, and other equines are free
from disease.
``(b) For the purpose of this section, the word `disease' means any
disease of cattle, sheep, swine, goats, horses, mules, and other
equines, both infectious and non-infectious, and any other health-
related condition that may be transmitted by cattle, sheep, swine,
goats, horses, mules, and other equines or their products to other
animals or humans.''
Sec. 220. The Act of September 28, 1962 (7 U.S.C. 450), is amended
to read:
``(a) In order to avoid duplication of functions, facilities, and
personnel, and to attain closer coordination and greater effectiveness
and economy in administration of Federal and State laws and regulations
relating to the production and marketing of agricultural products and
to the control or eradication of plant diseases, plant pests, animal
diseases, and animal pests, the Secretary of Agriculture is authorized,
in the administration and enforcement of such Federal laws within the
Secretary of Agriculture's area of responsibility, whenever the
Secretary of Agriculture deems it feasible and in the public interest,
to enter into cooperative arrangements with State departments of
agriculture and other State agencies charged with the administration
and enforcement of such State laws and regulations and to provide that
any such State agency which has adequate facilities, personnel, and
procedures, as determined by the Secretary of Agriculture, may assist
the Secretary of Agriculture in the administration and enforcement of
such Federal laws and regulations to the extent and in the manner the
Secretary of Agriculture deems appropriate in the public interest.
``(b) The Secretary is authorized to coordinate the administration
of such Federal laws and regulations with such State laws and
regulations wherever feasible. However, nothing in this Act shall
affect the jurisdiction of the Secretary of Agriculture under any
Federal law, or any authority to cooperate with State agencies or other
agencies or persons under existing provisions of law, or affect any
restrictions of law upon such cooperation.
``(c) For the purposes of this Act the term `animal diseases' means
any diseases of animals, both infectious and non-infectious, and any
other health-related condition that may be transmitted by animals or
their products to other animals or humans.''.
Sec. 221. Section 101(d) of the Act of September 21, 1944 (7 U.S.C.
430), is amended to read:
``(a) The Secretary of Agriculture may purchase in the open market
from applicable appropriations samples of all tuberculin, serums,
antitoxins, or other products, of foreign or domestic manufacture,
which are sold in the United States, for the detection, prevention,
treatment, or cure of diseases of domestic animals, test the same, and
disseminate the results of the tests in such manner as the Secretary of
Agriculture may deem best.''.
``(b) For the purposes of this section, the word `diseases'; means
any diseases of domestic animals, both infectious and non-infectious,
and any other health-related condition that may be transmitted by
domestic animals or their products to other animals or humans.''.
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