PASTEURIZATION.21 USC 679b.

SEC. 10808. PASTEURIZATION. (a) Pasteurization of Meat and Poultry.— (1) In general.—Effective beginning not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall conduct an education program regarding the availability and safety of processes and treatments that eliminate or substantially reduce the level of pathogens on meat, meat food products, poultry, and poultry products. (2) Authorization of appropriations.—There is authorized to be appropriated such sums as are necessary to carry out this subsection. (b) Pasteurization of Food As Pasteurized.—Section 403(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(h)) is amended— (1) by striking “or” at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting or”; and (3) by adding at the end the following: “(3) a food that is pasteurized unless— “(A) such food has been subjected to a safe process or treatment that is prescribed as pasteurization for such food in a regulation promulgated under this Act; or “(B) “(i) such food has been subjected to a safe process or treatment that— “(I) is reasonably certain to achieve destruction or elimination in the food of the most resistant microorganisms of public health significance that are likely to occur in the food; “(II) is at least as protective of the public health as a process or treatment described in subparagraph (A); “(III) is effective for a period that is at least as long as the shelf life of the food when stored under normal and moderate abuse conditions; and “(IV) is the subject of a notification to the Secretary, including effectiveness data regarding the process or treatment; and “(ii) at least 120 days have passed after the date of receipt of such notification by the Secretary without the Secretary making a determination that the process or treatment involved has not been shown to meet the requirements of subclauses (I) through (III) of clause (i).116 STAT. 531 For purposes of paragraph (3), a determination by the Secretary that a process or treatment has not been shown to meet the requirements of subclauses (I) through (III) of subparagraph (B)(i) shall constitute final agency action under such subclauses.”.