ALTERNATIVE ENFORCEMENT.

SEC. 407. ALTERNATIVE ENFORCEMENT. Section 303(g) (21 U.S.C. 333(f)) is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (2) by inserting after paragraph (1) the following: “(2) (A) Any person who introduces into interstate commerce or delivers for introduction into interstate commerce an article of food that is adulterated within the meaning of section 402(a)(2)(B) shall be subject to a civil money penalty of not more than $50,000 in the case of an individual and $250,000 in the case of any other person for such introduction or delivery, not to exceed $500,000 for all such violations adjudicated in a single proceeding. “(B) This paragraph shall not apply to any person who grew the article of food that is adulterated. If the Secretary assesses a civil penalty against any person under this paragraph, the Secretary may not use the criminal authorities under this section to sanction such person for the introduction or delivery for introduction into interstate commerce of the article of food that is adulterated. If the Secretary assesses a civil penalty against any person under this paragraph, the Secretary may not use the seizure authorities of section 304 or the injunction authorities of section 302 with respect to the article of food that is adulterated. “(C) In a hearing to assess a civil penalty under this paragraph, the presiding officer shall have the same authority with regard 110 STAT. 1536to compelling testimony or production of documents as a presiding officer has under section 408(g)(2)(B). The third sentence of paragraph (3)(A) shall not apply to any investigation under this paragraph."; (3) in paragraph (3), as so redesignated, by striking “paragraph (1)” each place it occurs and inserting “paragraph (1) or (2)”; (4) in paragraph (4), as so redesignated, by striking “(2)(A)” and inserting “(3)(A)”; and (5) in paragraph (5), as so redesignated, by striking “(3)” each place it occurs and inserting “(4)”.