EGG PRODUCTS INSPECTION.

SEC. 1012. EGG PRODUCTS INSPECTION. (a) Findings and Purposes.— (1) Findings.— Congress finds that— (A) food borne illness is a serious health problem; (B) its incidence can be reduced through proper handling of food; and (C) eggs are perishable and therefore are particularly susceptible to supporting microbial growth if proper temperature controls are not maintained. (2) Purposes.— It is the purpose of this section to prescribe the temperature at which eggs are maintained in order to reduce the potential for harmful microbial growth to protect the health and welfare of consumers. (b) Inspection of Egg Products.— Section 5 of the Egg Products Inspection Act (21 U.S.C. 1034) is amended by adding at the end the following new subsection: “(e) (1) Subject to paragraphs (2), (3), and (4), the Secretary shall make such inspections as the Secretary considers appropriate of a facility of an egg handler (including a transport vehicle) to determine if shell eggs destined for the ultimate consumer— “(A) are being held under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit after packing; and “(B) contain labeling that indicates that refrigeration is required. “(2) In the case of a shell egg packer packing eggs for the ultimate consumer, the Secretary shall make an inspection in accordance with paragraph (1) at least once each calendar quarter. “(3) The Secretary of Health and Human Services shall cause such inspections to be made as the Secretary considers appropriate to ensure compliance with the requirements of paragraph (1) at food manufacturing establishments, institutions, and restaurants, other than plants packing eggs. “(4) The Secretary shall not make an inspection as provided in paragraph (1) on any egg handler with a flock of not more than 3,000 layers. “(5) A representative of the Secretary and the Secretary of Health and Human Services shall be afforded access to a place of business referred to in this subsection, including a transport vehicle, for purposes of making an inspection required under this subsection.”. (c) Prohibited Acts.— Section 8 of such Act (21 U.S.C. 1037) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: “(c) No egg handler shall possess any eggs after the eggs have been packed into a container that is destined for the ultimate consumer unless the eggs are stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as prescribed by rules and regulations promulgated by the Secretary.” (d) Penalties.— Section 12 of such Act (21 U.S.C. 1041) is amended— (1) in the first sentence of subsection (a), by striking “$1,000” and inserting “$5,000”; 105 STAT. 1900 (2) by designating the last sentence of subsection (a) as subsection (d) and transferring such subsection to the end of the section; (3) by redesignating subsection (b) as subsection (e) and transferring such subsection to the end of the section; (4) by redesignating subsection (c) as subsection (b); and (5) by inserting after subsection (b) the following new subsection: “(c) (1) (A) Except as otherwise provided in this subsection, any person who violates any provision of this Act or any regulation issued under this Act, other than a violation for which a criminal penalty has been imposed under this Act, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation to which this subparagraph applies shall be considered a separate offense. “(B) No penalty shall be assessed against any person under this subsection unless the 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. “(C) The amount of the civil penalty imposed under this subsection— “(i) 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 “(ii) may be reviewed only as provided in paragraph (2). “(2) (A) The determination and order of the Secretary under this subsection shall be final and conclusive unless the person against whom such a violation is found under paragraph (1) files an application for judicial review within 30 days after service of the order in the United States court of appeals for the circuit in which the person has its principal place of business or in the United States Court of Appeals for the District of Columbia Circuit. “(B) Judicial review of any such order shall be based on the record on which the determination and order are based. “(C) If the court determines that additional evidence needs to be taken, the court shall order the hearing to be reopened for this purpose in such manner and on such terms and conditions as the court considers proper. The Secretary may modify the findings of the Secretary as to the facts, or make new findings, on the basis of the additional evidence so taken. “(3) If any person fails to pay an assessment of a civil penalty after the penalty has become a final and unappealable order, or after the appropriate court of appeals has entered a final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General. The Attorney General shall institute a civil action to recover the amount assessed in an appropriate district court of the United States. In the collection action, the validity and appropriateness of the Secretary’s order imposing the civil penalty shall not be subject to review. “(4) All penalties collected under this subsection shall be paid into the Treasury of the United States. “(5) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection. “(6) Paragraph (1) shall not apply to an official plant.”. (e) Reporting of Violation to United States Attorney for Institution of Criminal Proceedings.— The last sentence of section 13 of such Act (21 U.S.C. 1042) is amended by inserting before105 STAT. 1901 the period at the end the following: “or an action to assess civil penalties”. (f) Imports.— Section 17(a) of such Act (21 U.S.C. 1046(a)) is amended— (1) by designating the first, second, and third sentences as paragraphs (1), (2), and (4), respectively; and (2) by inserting after paragraph (2) (as so designated) the following new paragraph: “(3) No eggs packed into a container that is destined for the ultimate consumer shall be imported into the United States unless the eggs are accompanied by a certification that the eggs have at all times after packaging been stored and transported under refrigeration at an ambient temperature of no greater than 45 degrees Fahrenheit, as required by sections 5(e) and 8(c).”. (g) Relation to Other Authorities.— The first sentence of section 23(b) of such Act (21 U.S.C. 1052(b)) is amended by striking “and (2)” and inserting the following: “(2) with respect to egg handlers specified in paragraphs (1) and (2) of section 5(e), no State or local jurisdiction may impose temperature requirements pertaining to eggs packaged for the ultimate consumer which are in addition to, or different from. Federal requirements, and (3)”. (h) Effective Date.— This section and the amendments made by this section shall become effective 12 months after the Secretary of Agriculture promulgates final regulations implementing this section and the amendments.