II
119THCONGRESS
1
STSESSION S. 376
To provide the Food and Drug Administration with authority to conduct
microbial sampling on concentrated animal feeding operations as nec-
essary 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 SENATE OF THE UNITED STATES
FEBRUARY3, 2025
Mr. B
OOKER(for himself and Mr. BLUMENTHAL) introduced the following
bill; which was read twice and referred to the Committee on Health, Edu-
cation, Labor, and Pensions
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Expanded Food Safety 4
Investigation Act of 2025’’. 5
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SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL 1
FEEDING OPERATIONS. 2
(a) I
NGENERAL.—Chapter IV of the Federal Food, 3
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-4
ed by adding at the end the following: 5
‘‘SEC. 425. MICROBIAL SAMPLING ON CONCENTRATED ANI-6
MAL FEEDING OPERATIONS. 7
‘‘(a) I
NGENERAL.—The Secretary may request ac-8
cess to a concentrated animal feeding operation in order 9
to conduct microbial sampling, if the Secretary determines 10
that such microbial sampling is necessary in order to fa-11
cilitate a foodborne illness outbreak investigation, deter-12
mine the root cause of an outbreak of foodborne illness, 13
or address other public health needs. 14
‘‘(b) G
RANTING OFREASONABLEACCESS.—A con-15
centrated animal feeding operation that receives a request 16
for access under subsection (a) shall provide reasonable 17
access to the Secretary to conduct such microbial sam-18
pling, including sampling of plants, animals, water, and 19
the environment, as the Secretary determines appropriate 20
to address the public health need. Such operation may 21
place reasonable conditions on access to the operation, in-22
cluding by specifying a time, place, and manner for sam-23
pling, provided that any such conditions do not prevent 24
the Secretary from conducting appropriate sampling with-25
in a reasonable period of time. 26
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•S 376 IS
‘‘(c) AUTHORITYOVERFOODSREGULATED BY THE 1
S
ECRETARY OFAGRICULTURE.—Nothing in this section 2
shall be construed to impose additional requirements by 3
the Secretary, beyond microbial sampling, with respect to 4
food that is within the jurisdiction of the Secretary of Ag-5
riculture pursuant to the Federal Meat Inspection Act, the 6
Poultry Products Inspection Act, or the Egg Products In-7
spection Act. 8
‘‘(d) C
OORDINATIONWITHOTHERPUBLICHEALTH 9
A
GENCIES.—The Secretary shall ensure that data col-10
lected under this section are made available to the Sec-11
retary of Agriculture and relevant State and Federal pub-12
lic health agencies in order to facilitate work in detecting, 13
investigating, or preventing foodborne illness. Nothing in 14
this section shall be construed to limit the rights and ex-15
emptions otherwise available under section 552 of title 5, 16
United States Code. 17
‘‘(e) D
EFINITION.—In this section, the term ‘con-18
centrated animal feeding operation’ has the meaning given 19
such term in section 122.23(b) of title 40, Code of Federal 20
Regulations (or any successor regulations).’’. 21
(b) E
NFORCEMENT.—Section 301 of the Federal 22
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-23
ed by adding at the end the following: 24
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‘‘(jjj) The refusal to provide reasonable access for mi-1
crobial sampling in accordance with section 425.’’. 2
Æ
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