Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB376 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 376
55 To provide the Food and Drug Administration with authority to conduct
66 microbial sampling on concentrated animal feeding operations as nec-
77 essary to facilitate a foodborne illness outbreak investigation, determine
88 the root cause of an outbreak of foodborne illness, or address other
99 public health needs.
1010 IN THE SENATE OF THE UNITED STATES
1111 FEBRUARY3, 2025
1212 Mr. B
1313 OOKER(for himself and Mr. BLUMENTHAL) introduced the following
1414 bill; which was read twice and referred to the Committee on Health, Edu-
1515 cation, Labor, and Pensions
1616 A BILL
1717 To provide the Food and Drug Administration with authority
1818 to conduct microbial sampling on concentrated animal
1919 feeding operations as necessary to facilitate a foodborne
2020 illness outbreak investigation, determine the root cause
2121 of an outbreak of foodborne illness, or address other
2222 public health needs.
2323 Be it enacted by the Senate and House of Representa-1
2424 tives of the United States of America in Congress assembled, 2
2525 SECTION 1. SHORT TITLE. 3
2626 This Act may be cited as the ‘‘Expanded Food Safety 4
2727 Investigation Act of 2025’’. 5
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3030 •S 376 IS
3131 SEC. 2. MICROBIAL SAMPLING ON CONCENTRATED ANIMAL 1
3232 FEEDING OPERATIONS. 2
3333 (a) I
3434 NGENERAL.—Chapter IV of the Federal Food, 3
3535 Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-4
3636 ed by adding at the end the following: 5
3737 ‘‘SEC. 425. MICROBIAL SAMPLING ON CONCENTRATED ANI-6
3838 MAL FEEDING OPERATIONS. 7
3939 ‘‘(a) I
4040 NGENERAL.—The Secretary may request ac-8
4141 cess to a concentrated animal feeding operation in order 9
4242 to conduct microbial sampling, if the Secretary determines 10
4343 that such microbial sampling is necessary in order to fa-11
4444 cilitate a foodborne illness outbreak investigation, deter-12
4545 mine the root cause of an outbreak of foodborne illness, 13
4646 or address other public health needs. 14
4747 ‘‘(b) G
4848 RANTING OFREASONABLEACCESS.—A con-15
4949 centrated animal feeding operation that receives a request 16
5050 for access under subsection (a) shall provide reasonable 17
5151 access to the Secretary to conduct such microbial sam-18
5252 pling, including sampling of plants, animals, water, and 19
5353 the environment, as the Secretary determines appropriate 20
5454 to address the public health need. Such operation may 21
5555 place reasonable conditions on access to the operation, in-22
5656 cluding by specifying a time, place, and manner for sam-23
5757 pling, provided that any such conditions do not prevent 24
5858 the Secretary from conducting appropriate sampling with-25
5959 in a reasonable period of time. 26
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6262 •S 376 IS
6363 ‘‘(c) AUTHORITYOVERFOODSREGULATED BY THE 1
6464 S
6565 ECRETARY OFAGRICULTURE.—Nothing in this section 2
6666 shall be construed to impose additional requirements by 3
6767 the Secretary, beyond microbial sampling, with respect to 4
6868 food that is within the jurisdiction of the Secretary of Ag-5
6969 riculture pursuant to the Federal Meat Inspection Act, the 6
7070 Poultry Products Inspection Act, or the Egg Products In-7
7171 spection Act. 8
7272 ‘‘(d) C
7373 OORDINATIONWITHOTHERPUBLICHEALTH 9
7474 A
7575 GENCIES.—The Secretary shall ensure that data col-10
7676 lected under this section are made available to the Sec-11
7777 retary of Agriculture and relevant State and Federal pub-12
7878 lic health agencies in order to facilitate work in detecting, 13
7979 investigating, or preventing foodborne illness. Nothing in 14
8080 this section shall be construed to limit the rights and ex-15
8181 emptions otherwise available under section 552 of title 5, 16
8282 United States Code. 17
8383 ‘‘(e) D
8484 EFINITION.—In this section, the term ‘con-18
8585 centrated animal feeding operation’ has the meaning given 19
8686 such term in section 122.23(b) of title 40, Code of Federal 20
8787 Regulations (or any successor regulations).’’. 21
8888 (b) E
8989 NFORCEMENT.—Section 301 of the Federal 22
9090 Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-23
9191 ed by adding at the end the following: 24
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9494 •S 376 IS
9595 ‘‘(jjj) The refusal to provide reasonable access for mi-1
9696 crobial sampling in accordance with section 425.’’. 2
9797 Æ
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