Page:United States Statutes at Large Volume 100 Part 5.djvu/96

 100 STAT. 3570

PUBLIC LAW 99-641—NOV. 10, 1986

•

an employee of the United States engaged in, or on account of, the Safety. performance of any of such official duties. Records. "(2)(A) Notwithstanding paragraph (1), the Secretary may tempo21 USC 601. rarily suspend inspection service under title I with respect to any establishment, pending an expedited administrative hearing on the record and judicial review of the order of the Secretary based on such record, if the Secretary determines that temporary suspension J. of such inspection service is necessary for the safety of any employee who performs official duties under this Act. "(B) If the Secretary receives, before or after temporarily suspending such inspection service in accordance with subparagraph (A), adequate written assurances from the recipient of inspection service, or the individuals involved, that the conduct or circumstances that threatened the safety of such employee will not continue or recur, the Secretary may continue or restore such inspection service on condition that such assurances are fulfilled.". (c) WARNING; REPORTING OF VIOLATIONS.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 406 of the Federal Meat Inspection Act (21 U.S.C. 676) is amended— (1) in subsection (b), by adding at the end thereof the following new sentence: "In determining whether the public interest - . y could be adequately served by a written notice of warning, the •^ Secretary shall take into account, among other factors— "(1) the compliance history of such establishment; "(2) the magnitude of the violation; "(3) whether compliance with this Act would likely be obtained as a result of such notice; and "(4) whether such violation is of a minor or technical nature."; and (2) by adding at the end thereof the following new subsection: "(c) Unless the Secretary by regulation provides otherwise, before any violation of this Act is reported by the Secretary for prosecution in a criminal proceeding, the Secretary shall give the person alleged to have committed such violation— "(1) reasonable notice that the Secretary intends to report such violation for prosecution; and "(2) an opportunity to present to the Secretary, orally or in writing, views with respect to such proceeding.". (d) CONFORMING AMENDMENTS.—

(1) NIGHTTIME.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 9 of the Federal Meat Inspection Act (21 U.S.C. 609) is amended by inserting ", except as provided in section 6," after "equines, and" the first place it appears. (2) ADMINISTRATION.—Effective only during the 6-year period •' beginning on the date of enactment of this Act, section 21 of the Federal Meat Inspection Act (21 U.S.C. 621) is amended by striking out "and meat food products" and inserting in lieu thereof "thereof, and of meat food products". 21 USC 606 note. (e) CONSTRUCTION OF AMENDMENTS.—The amendments made by this section shall not be construed to authorize the Secretary of Agriculture to refuse to provide inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) at an establishment solely because such establishment does not participate in a total plant quality-control program.

�