Safe Line Speeds During COVID-19 Act of 2020
This bill directs the Food Safety and Inspection Service of the Department of Agriculture (USDA) to temporarily suspend any waivers and not issue new waivers related to line speeds in meat and poultry establishments and inspection staffing requirements for such establishments through 90 days after the date on which the COVID-19 (i.e., coronavirus disease 2019) emergency period is lifted. Additionally, the implementation of, and conversion to, the New Swine Slaughter Inspection System must be suspended.
No funds made available to USDA during such period shall be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at meat and poultry establishments.
Not later than 90 days after the end of the period, the Government Accountability Office shall conduct a review of actions taken by specific federal agencies, including USDA, in response to the COVID-19 pandemic to determine the effectiveness of such actions in protecting animal, food, and worker safety.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4338 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4338
To direct the Secretary of Agriculture to temporarily suspend increased
line speeds at meat and poultry establishments, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2020
Mr. Booker (for himself, Mr. Blumenthal, Mr. Merkley, Mrs. Feinstein,
Ms. Warren, Mr. Sanders, and Ms. Harris) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to temporarily suspend increased
line speeds at meat and poultry establishments, 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. SHORT TITLE.
This Act may be cited as the ``Safe Line Speeds During COVID-19 Act
of 2020''.
SEC. 2. TEMPORARY SUSPENSION OF INCREASED LINE SPEEDS AT MEAT AND
POULTRY ESTABLISHMENTS.
(a) Definitions.--In this section:
(1) Covered establishment.--The term ``covered
establishment'' means--
(A) an official establishment (as defined in
section 301.2 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
(B) an official establishment (as defined in
section 381.1 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
(2) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on the date that is 90 days after the date on which the
COVID-19 emergency is lifted.
(3) COVID-19 emergency.--The term ``COVID-19 emergency''
means the public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with
respect to COVID-19.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Temporary Suspension of Waivers.--
(1) In general.--Notwithstanding any other provision of law
(including regulations, including sections 303.1(h) and
381.3(b) of title 9, Code of Federal Regulations (or successor
regulations)), during the covered period, the Secretary, acting
through the Administrator of the Food Safety and Inspection
Service--
(A) shall suspend any waivers issued before the
date of enactment of this Act relating to--
(i) line speeds at covered establishments;
and
(ii) inspection staffing requirements for
covered establishments;
(B) shall not issue any waiver described in
subparagraph (A) to covered establishments; and
(C) shall suspend implementation of, and conversion
to, the New Swine Slaughter Inspection System described
in the final rule entitled ``Modernization of Swine
Slaughter Inspection'' (84 Fed. Reg. 52300 (October 1,
2019)).
(2) Limitation on authority over line speeds.--None of the
funds made available to the Secretary during the covered period
may be used to develop, propose, finalize, issue, amend, or
implement any policy, regulation, directive, constituent
update, or any other agency program that would increase line
speeds at covered establishments.
(3) Effect on state law.--
(A) In general.--This subsection shall not preempt
or limit any law or regulation of a State or a
political subdivision of a State that--
(i) imposes requirements that are more
protective of worker safety or animal welfare
than the requirements of this subsection; or
(ii) creates penalties for conduct
regulated by this subsection.
(B) Other laws.--The requirements of this
subsection are in addition to, and not in lieu of, any
other laws protecting worker safety and animal welfare.
(c) GAO Review.--
(1) In general.--Not later than 90 days after the end of
the covered period, the Comptroller General of the United
States shall carry out, and submit to Congress, a review of the
actions taken by the Secretary, the Secretary of Labor, and the
Secretary of Health and Human Services in response to the
COVID-19 pandemic to determine the effectiveness of those
actions in protecting animal, food, and worker safety.
(2) Contents.--The review carried out under paragraph (1)
shall include information on, and an analysis of, with respect
to covered establishments--
(A) all policies and regulations relating to
inspection of those establishments that have been
implemented by the Secretary, the Secretary of Labor,
and the Secretary of Health and Human Services during
the COVID-19 emergency and the covered period;
(B) the pandemic emergency preparedness plans of
those establishments;
(C) the extent to which those establishments have
implemented guidance and recommendations to space
workers 6 feet apart on production lines and in break
rooms, locker rooms, and all other workspaces;
(D) the quantity and usage of personal protective
equipment by workers at those establishments;
(E) any guidance provided to inspectors of those
establishments by the Secretary, Secretary of Labor, or
the Secretary of Health and Human Services during the
COVID-19 emergency;
(F) actions taken by the Secretary, the Secretary
of Labor, and the Secretary of Health and Human
Services to protect workers, animals, and food at
establishments that have reported cases of COVID-19;
(G) all humane handling reports issued, and
enforcement actions taken, by the Secretary during the
COVID-19 emergency pursuant to--
(i) Public Law 85-765 (commonly known as
the ``Humane Methods of Slaughter Act of
1958'') (7 U.S.C. 1901 et seq.); and
(ii) good commercial practices regulations
promulgated under the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.);
(H) the impact of faster line speeds on the ability
of those establishments to maintain protections for
workers; and
(I) any instance of interference by a Federal
agency with a review of a covered establishment
experiencing an outbreak of COVID-19 conducted by
personnel of the Centers for Disease Control and
Prevention.
(d) Reports to Congress.--Not later than December 31, 2020, the
Secretary, the Secretary of Labor, and the Secretary of Health and
Human Services shall each submit to the Committees on Agriculture,
Nutrition, and Forestry and Health, Education, Labor, and Pensions of
the Senate, and the Committees on Agriculture and Education and Labor
of the House of Representatives, a report that--
(1) describes the actions taken by that Secretary to ensure
worker, animal, and food safety during the COVID-19 emergency;
and
(2) includes an analysis of the issues described in
subparagraphs (A) through (H) of subsection (c)(2).
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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