Expanded Food Safety Investigation Act of 2023

Expanded Food Safety Investigation Act of 2023

This bill provides that the Food and Drug Administration (FDA) may, under specified circumstances, request access to a concentrated animal-feeding operation (i.e., a stabled or confined animal-feeding operation) to conduct microbial sampling.

Specifically, the bill allows the FDA to request access if the FDA determines that sampling is necessary to facilitate an investigation of a foodborne-illness outbreak, determine the cause of the outbreak, or address other public health needs.

The bill provides that such an operation shall be subject to penalties for refusing such a sampling.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4110 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4110

 To provide the Food and Drug Administration with authority to conduct 
    microbial sampling on concentrated animal feeding operations as 
  necessary to facilitate a foodborne illness outbreak investigation, 
   determine the root cause of an outbreak of foodborne illness, or 
                   address other public health needs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2023

Ms. DeLauro (for herself, Ms. Barragan, and Ms. Norton) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide the Food and Drug Administration with authority to conduct 
    microbial sampling on concentrated animal feeding operations as 
  necessary to facilitate a foodborne illness outbreak investigation, 
   determine the root cause of an outbreak of foodborne illness, or 
                   address other public health needs.

    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 ``Expanded Food Safety Investigation 
Act of 2023''.

SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL FEEDING OPERATIONS.

    (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the 
following:

``SEC. 424. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL FEEDING 
              OPERATIONS.

    ``(a) In General.--The Secretary may request access to a 
concentrated animal feeding operation in order to conduct microbial 
sampling, if the Secretary determines that such microbial sampling is 
necessary in order to facilitate a foodborne illness outbreak 
investigation, determine the root cause of an outbreak of foodborne 
illness, or address other public health needs.
    ``(b) Granting of Reasonable Access.--A concentrated animal feeding 
operation that receives a request for access under paragraph (a) shall 
provide reasonable access to the Secretary to conduct such microbial 
sampling, including sampling of plants, animals, water, and the 
environment, as the Secretary determines appropriate to address the 
public health need. Such operation may place reasonable conditions on 
access to the operation, including by specifying a time, place, and 
manner for sampling, provided that any such conditions do not prevent 
the Secretary from conducting appropriate sampling within a reasonable 
period of time.
    ``(c) Authority Over Foods Regulated by the Secretary of 
Agriculture.--Nothing in this section shall be construed to impose 
additional requirements by the Secretary, beyond microbial sampling, 
with respect to food that is within the jurisdiction of the Secretary 
of Agriculture pursuant to the Federal Meat Inspection Act, the Poultry 
Products Inspection Act, or the Egg Products Inspection Act.
    ``(d) Coordination With Other Public Health Agencies.--The 
Secretary shall ensure that data collected under this section are made 
available to the Secretary of Agriculture and relevant State and 
Federal public health agencies in order to facilitate work in 
detecting, investigating, or preventing foodborne illness. Nothing in 
this section shall be construed to limit the rights and exemptions 
otherwise available under section 552 of title 5, United States Code.
    ``(e) Definition.--In this section, the term `concentrated animal 
feeding operation' has the meaning given such term in section 122.23(b) 
of title 40, Code of Federal Regulations (or any successor 
regulations).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(fff) The refusal to provide reasonable access for microbial 
sampling in accordance with section 424.''.
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