ANIMAL FARM

 

compiled by Dee Finney

The title of this page didn't come from the dream, but after the fact, when I was thinking about why I had these dreams about animals.  The title jumped into my head while I was sitting on the sofa just thinking.

7-5-88 - DREAM -I went to a baseball game which turned into a horseshow and met some people. I was told that people greet each other by raising the right hand and touching fingers to show they meant no harm. I avoided meeting people because the area looked ominous and unfriendly. I finally found an area (a row of houses) I thought I could deal with. The fences were difficult to get through and a young boy tried to help me.

He then said that I should put a muzzle rope on a mule to train and control it. When I did, the rope became a hose and the hose was the birth canal for the mule which was to give birth to 12 snakes. The first snake was born. It had a 'wise...all knowing" look about it. It had a long fin on top like an eel. The rest of the snakes began to be born but they all withered and died immediately. but the one snake (the first one) stayed healthy and strong.

****

2-13-06 - DREAM - I was in England. There was a man there who said he could magically produce two black snakes , just by using his mind, but he didn't think they would be able to get out and harm anyone. So we sat there and he conjured up these two black snakes, but the snakes 'did' manage to get out and went into two other men who were watching. Then the black snakes began working on those two men to produce two more black snakes each and reproduce themselves.


*****

1-25-09 - A  SYMBOLIC DREAM - 5:12 am.  I was visiting with some people in the country. We had been there several days. It was early morning and I was wearing light blue shorts and a shirt of light blue.  I wanted to wear blue jeans but I had already worn them several days and hadn't had a shower in that time either. I found a summer pair of light blue slacks to put on but one of the seams in the back had come apart and I would have to sew it back together by hand and I didn't have a sewing kit with me.

I wanted desperately to take a shower. I could hear the water running in a shower where the whole room was a shower like a hotel might have. That really sounded inviting, but then I noticed that I wasn't alone in the house.  There was a large man sleeping in a pup tent under his car near my bedroom, so I decided it wasn't safe to take a shower with him there.

I was sitting on my bed and a red rooster came along.  I wanted him off the bed, but he was really strong, and he wasn't going to get off the bed by himself and he fought against me to push him off the bed.  It took a lot of effort to push him off the bed but I finally managed to do so.

The woman of the house was a friend of mine (familiar face but I don't know her name) and she said that she would take me to her secret cabin and I agreed I'd like to see it.

She had a weird open car and I rode on the car side-saddle - with my legs and feet hanging off the right side and I was hanging on for dear life because she drove really fast. 

As we drove along, off on the left of the road, in a meadow, we drove past a 'big foot' creature, who was gamboling about, doing flips head over heels, and dancing a bit.  He was really adorable and that would be a neat story to tell someone some day. 

Along the road we went past some people walking along the road. They had a brown dog with them, and we drove so close to them, I could feel my feet brush against the dog as we drove by.

That felt really bad, so when we came across a big brown horse standing by the road, I asked the woman to drive more slowly as we drove past it so I wouldn't hurt the horse with my feet.  So she slowed down, and as we drove around the horse, it started to rear up and get very anxious and he was snorting and upset. But we got past it okay.

She said that her cabin was a secret, so she took a tan blanket and covered the road so nobody could see the road.  I thought that was neat to do, and then she did it a second time - put another tan blanket across the road behind us so nobody could follow us.

We drove through a small forest and finally came to the end of the road which ended at a huge cliff with a valley below.  I was really excited to see her secret cabin and we got off the car and started walking to the edge of the cliff which there was a rocky path down the edge to the valley.

Just as we got there, my kids came up the path to where we were standing.  They had already been at the cabin and knew where it was.  So how secret was this place?  If my kids knew where it was, so did other people.

*****

2-14-09 - NAP DREAM - I was in Milwaukee, WI on 16th St. and my daughter-in-law Debe parked her car in front of my house and left a pouch hanging on the side of her car with 2 black cases inside for me - rather like CD's or something for me to look at.

Her mother then came along and said to Debe, "You ought to make her pay for that",  and at that moment I was looking in the back seat of the car at stacks of magazines and books I loaned out and gave to people for nothing that I had bought and paid for. That didn't seem very fair.

Then I went into a large building, where there were 3 black bulls caged along the hallway in rather large cages. I was afraid of them but they were caged, so managed to walk past unscathed. 

But then I had to go around a corner, and there was a large white bull - like a Texas steer with big horns, and it wasn't caged, just tethered by a cord to the next door I had to go through.  It made a strange noise as I tried to get past it, and when I opened the glass door to the next room, the white bull steer beat me through the door into the next room and now it wasn't tethered anymore, just dragging it's cord.

We went through 3 more glass doors the same way.  I managed to get past the white bull steer and open the next glass door, and it would beat me through the door into the next room.

The last glass door was to the outside, and the white bull steer beat me out the door and ran down the street, which I was glad to see because I didn't have to go past it again, but I saw it go to a big mud puddle and start wallowing in it.

Then alongside the road, three brown and white pigs came out of a hole (like a gopher would) and ran down to wallow in the same mud puddle as the white bull steer.

Then three black and white cats came out of the next hole in the ground by the street and ran down to the mud puddle as well.

***

3-18-09 - DREAM - I was in the attic of a large building with a great many people who were standing in lines -  I think there were 12 in each line.

The point of the lines was that each line of people had the opportunity to win a great amount of money if they found the cash that was buried somewhere in the attic.

My husband was in the attic with me and we were observing, but my husband was in a hurry to leave to go home, while I wanted to watch the contest to see who found the money.

One of the lines started out, each person holding onto the person ahead of them by the waist, and the whole line of people were making the sound Bzzzzzzzzz as they walked forward, looking for the money amongst the boxes in the attic.

Then the second line of people looked for the money, each person holding onto the person ahead of them by the waist, and the whole line of people were making the sound Bzzzzzz as they walked forward to look for the money.

My husband said, "Let's get out of here!, and stood up to go home, but I was reluctant to leave without having a chance to look for the money.  So, I walked over a few feet and opened up a long box, and there, right on top was a huge stack of green backs -  it was either $500 or $5,000. 

And I woke up and Joe was just sitting up to get out of bed and go to the bathroom.  (I think his snoring woke him up and that was a Bzzzzz noise)

As soon as Joe went to the bathroom and left the room, I fell asleep and was back in the same house with my husband.

Now, I was in the hallway with a skinned rabbit, which I gave to my cats to eat and felt guilty for. (I have since remarked that the rabbit flesh looked like cooked tuna - pink and flaky.)

I looked in the mirror and I had purple bruises around my right eye - mostly underneath and one bruise to the right side of it.  The bruises were light purple, not like a bruise one gets when you run into a door. 

My husband came and said we had to finish butchering the animals before we went to bed, but I needed to go to the bathroom first.

As I walked through the room, there was a large skinned bull lying dead on the floor, in the next room was a large skinned cow lying dead on the floor, and when I got out into the hallway, there was a huge skinned pig lying dead on the floor.  Those animals all had to be butchered and put into a freezer before we could go to sleep for the night.  My husband knew how to do that, so I let him get started without me.

Just before I got to the bathroom, two old ladies crossed the hall and went into the bathroom, and I yelled at them, hurry up and do your thing because I need to take a shower."  (It looked like I had blood on my hands). 

Then I went outside, and all over the yard, were large holes, with either animals or stuffed animals in them.  One had a large orange teddy bear in it.  All these holes led to a huge underground tunnel which made me afraid.  I hurried back to the house to tell my husband we needed to move away from this place.

NOTE:  The skinned animals are probably political figures who are in office right now.  Each person in the Chinese astrology method stands for an animal.

***

3-19-09 - DREAM - We were living across the street from a farm that was fenced in, and the farmer was growing corn in that field.

We got up one day and the farmer and his three sons let a small flock of sheep out into the corn field that hadn't been harvested.

I was very surprised by that, and I watched as the farmer and boys walked with the sheep in the field urging them forward along the outer corn row.

There was a family living next door to us on the right, and they must have been watching the activity in the field as well.

The farmer turned around and yelled across the street to Joe, "C'mon over" or something like that. 

The little girl from the family next door hollered to her Mom.  "Hey Mom!"  Those people next door are talking to Tiny!  Can we go over there too.?"

In less than a minute, the family was dressed in their coats  (it had to be a cold fall day)  and the little girl was riding a 3 wheel small vehicle and she had a big smile on her face as they rushed over to see the sheep.

***

3-20-09 - DREAM -  SOMEONE STILL STEALS MY SHEEP!!!  I had been in a large auditorium when an event took place outside. In the group of people in this building, which were all girls I had gone to high school with, we quickly made out way into an apartment building where I was manager. I was expected to rent apartments to anyone who came along if they had the money and the good credit, so when I ran into an empty apartment, the first woman who came along wanted that apartment.  While I was in there discussing what drapes she wanted on the windows, another woman came in who also wanted to see that apartment for herself.  Because I was already obligated to rent the apartment to the first woman,, I said to her, "Why don't we go down the hall and I'll show you the drapes we have hanging in that one so you can see what they are like."  So we went down to the next apartment, and on the way, I discovered that something was still going on outside, and the women in these apartments were afraid, scared, and hated some of the other women because they were of different ethnic backgrounds than they were.  I noted that all the apartment doors were clear glass and I could see who was inside each one.

Since everyone trusted me, I was able to go into any of the apartments, where women were hiding in groups of three because of what was going on outside.

I made my way down the hall to an apartment where I knew the women, and when I went inside, on a table, I saw a note that had the name Daddato on it.

 (She was an Italian school chum all the way from kindergarden through high school.  We were friends even in our elderly years when we found each other on the internet in 'Classmates'.  Unfortunately she passed on two weeks after she got married from an illness she picked up at her wedding dinner.) 

On the same note with her name was another note that said, "Norelle bought a restaurant for over $500,000)  There was a black marker there on the table, so I made a mark over the name and the note, and just then, a woman from across the hall came running over and came into the room.  I don't know if she was Iranian or an Israelite - she had darker skin than the rest of us -  and she said, "I just bought a string of restaurants, but someone is still stealing my sheep!"

NOTE:

 
The girl's name Norelle \n(o)-relle, nor(el)-le\ is a variant of Nora (English).

The girl's name Nora \n(o)-ra\ is pronounced NOR-ah. It is of English origin. Short form Eleanora (Greek) "light", Honora (Latin) "woman of honor", and Leonora. Also used as an independent name. In Scotland, Nora is often used as a feminine form of Norman.

Norelle is a very rare female first name and a very rare surname (source: 1990 U.S. Census).

Chinese Astrology - Animals

Chinese astrology is based on the astronomy and traditional calendars. The Chinese astrology does not calculate the positions of the sun, moon and planets at the time of birth. Therefore, there is no astrology in the European sense in China.

Chinese astrology has a close relation with Chinese philosophy (theory of the harmony of sky, humans and earth) and different "principles" to Western: the wu xing teachings, yin and yang, astronomy: five planet, the 10 Celestial stems, the 12 Earthly Branches, the lunisolare calendar (moon calendar and sun calendar), the time calculation after year, month, day and shichen (時辰).

Background

Chinese refer to the 5 major planets by the one of the Wu Xing they were associated with:

NOTE: These are not listed in the actual order of the planets from nearest to farthest the sun.

According to Chinese mysterious astronomy, a person's destiny can be determined by the position of the major planets at the person's birth along with the positions of the Sun, Moon and comets and the person's time of birth and Zodiac Sign. The system of the twelve-year cycle of animal signs was built from observations of the orbit of Jupiter (the Year Star; simplified Chinese: 岁星; traditional Chinese: 歳星; pinyin: Suìxīng). Following the orbit of Jupiter around the sun, Chinese astronomers divided the celestial circle into 12 sections, and rounded it to 12 years (from 11.86). Jupiter is associated with the constellation Sheti (simplified Chinese: 摄提; traditional Chinese: 攝提- Boötes; symbol:ɳ) and is sometimes called Sheti.

A laborious system of computing one's fate and destiny based on one's birthday and birth hours, known as Zi Wei Dou Shu (simplified Chinese: 紫微斗数; traditional Chinese: 紫微斗數; pinyin: zǐwēidǒushù) is still used regularly in modern day Chinese astrology to divine one's fortune. The 28 Chinese constellations, Xiu (Chinese: 宿; pinyin: xìu), are quite different from the 88 Western constellations. For example, the Big Bear (Ursa Major) is known as Dou (Chinese: ; pinyin: dǒu); the belt of Orion is known as Shen (simplified Chinese: ; traditional Chinese: ; pinyin: shēn), or the "Happiness, Fortune, Longevity" trio of demigods. The seven northern constellations are referred to as Xuan Wu (Chinese: 玄武; pinyin: xúanwǔ). Xuan Wu is also known as the spirit of the northern sky or the spirit of Water in Taoism belief.

In addition to astrological readings of the heavenly bodies, the stars in the sky form the basis of many fairy tales. For example, the Summer Triangle is the trio of the cowherd (Altair), the weaving maiden fairy (Vega), and the "tai bai" fairy (Deneb). The two forbidden lovers were separated by the silvery river (the Milky Way). Each year on the seventh day of the seventh month in the Chinese calendar, the birds form a bridge across the Milky Way. The cowherd carries their two sons (the two stars on each side of Altair) across the bridge to reunite with their fairy mother. The tai bai fairy acts as the chaperone of these two immortal lovers.

 Chinese zodiac

In Chinese astrology the zodiac of twelve animal signs represents twelve different types of personality. The zodiac traditionally begins with the sign of the Rat, and there are many stories about the Origins of the Chinese Zodiac which explain why this is so (see below). The following are the twelve zodiac signs in order and their characteristics.[1]

The twelve animals

of Chinese zodiac:

Rat Ox
Tiger Rabbit
Dragon Snake
Horse Sheep
Monkey Rooster
Dog Pig
  1. Rat (Yang, 1st Trine, Fixed Element Water): Forthright, disciplined, systematic, meticulous, charismatic, hardworking, industrious, charming, eloquent, sociable, shrewd. Can be manipulative, vindictive, mendacious, venal, selfish, obstinate, critical, over-ambitious, ruthless, intolerant, scheming.

  2. Ox (Water buffalo in Vietnam) (Yin, 2nd Trine, Fixed Element Water): Dependable, calm, methodical, patient, hardworking, ambitious, conventional, steady, modest, logical, resolute, tenacious. Can be stubborn, narrow-minded, materialistic, rigid, demanding.

  3. Tiger (Yang, 3rd Trine, Fixed Element Wood): Unpredictable, rebellious, colorful, powerful, passionate, daring, impulsive, vigorous, stimulating, sincere, affectionate, humanitarian, generous. Can be restless, reckless, impatient, quick-tempered, obstinate, selfish.

  4. Rabbit (Cat in Vietnam) (Yin, 4th Trine, Fixed Element Wood): Gracious, kind, sensitive, soft-spoken, amiable, elegant, reserved, cautious, artistic, thorough, tender, self-assured, astute, compassionate, flexible. Can be moody, detached, superficial, self-indulgent, opportunistic, lazy.
  5. Dragon (Snail in Kazakhstan) (Yang, 1st Trine, Fixed Element Wood): Magnanimous, stately, vigorous, strong, self-assured, proud, noble, direct, dignified, zealous, fiery, passionate, decisive, pioneering, ambitious, generous, loyal. Can be arrogant, imperious, tyrannical, demanding, eccentric, grandiloquent and extremely bombastic, prejudiced, dogmatic, over-bearing, violent, impetuous, brash.

  6. Snake (Yin, 2nd Trine, Fixed Element Fire): Deep thinker, wise, mystic, graceful, soft-spoken, sensual, creative, prudent, shrewd, ambitious, elegant, cautious, responsible, calm, strong, constant, purposeful. Can be loner, bad communicator, possessive, hedonistic, self-doubting, distrustful, mendacious.

  7. Horse (Yang, 3rd Trine, Fixed Element Fire): Cheerful, popular, quick-witted, changeable, earthy, perceptive, talkative, agile mentally and physically, magnetic, intelligent, astute, flexible, open-minded. Can be fickle, arrogant, anxious, rude, gullible, stubborn.
  8. Ram (Goat in Vietnam) (Yin, 4th Trine, Fixed Element Fire): Righteous, sincere, sympathetic, mild-mannered, shy, artistic, creative, gentle, compassionate, understanding, mothering, determined, peaceful, generous, seeks security. Can be moody, indecisive, over-passive, worrier, pessimistic, over-sensitive, complainer, wise.

  9. Monkey (Yang, 1st Trine, Fixed Element Metal): Inventor, motivator, improviser, quick-witted, inquisitive, flexible, innovative, problem solver, self-assured, sociable, polite, dignified, competitive, objective, factual, intellectual. Can be egotistical, vain, selfish, reckless, snobbish, deceptive, manipulative, cunning, jealous, suspicious.

  10. Rooster (Yin, 2nd Trine, Fixed Element Metal): Acute, neat, meticulous, organized, self-assured, decisive, conservative, critical, perfectionist, alert, zealous, practical, scientific, responsible. Can be over zealous and critical, puritanical, egotistical, abrasive, opinionated.

  11. Dog (Yang, 3rd Trine, Fixed Element Metal): Honest, intelligent, straightforward, loyal, sense of justice and fair play, attractive, amicable, unpretentious, sociable, open-minded, idealistic, moralistic, practical, affectionate, dogged. Can be cynical, lazy, cold, judgmental, pessimistic, worrier, stubborn, quarrelsome.

  12. Pig (Wild boar in Japan) (Yin, 4th Trine, Fixed Element Water): Honest, simple, gallant, sturdy, sociable, peace-loving, patient, loyal, hard-working, trusting, sincere, calm, understanding, thoughtful, scrupulous, passionate, intelligent. Can be naive, over-reliant, self-indulgent, gullible, fatalistic, materialistic.

In Chinese astrology the animal signs assigned by year represent what others perceive you as being or how you present yourself. It is a common misconception that the animals assigned by year are the only signs, and many western descriptions of Chinese astrology draw solely on this system. In fact, there are also animal signs assigned by month (called inner animals), day, and hours of the day (called secret animals).

To sum it up, while a person might appear to be a dragon because they were born in the year of the dragon, they might also be a snake internally and an ox secretively. In total, this makes for 8,640 possible combinations (five elements x 12 animals in the 60 year cycle (12 x 5 = 60) , 12 months, 12 times of day) that a person might be. These are all considered critical for the proper use of Chinese astrology[citation needed].

Lunisolar calendar

The 60-year cycle consists of two separate cycles interacting with each other. The first is the cycle of ten heavenly stems, namely the Five Elements (in order Wood, Fire, Earth, Metal, and Water) in their ip Yin and Yang forms.

The second is the cycle of the twelve Zodiac animal signs (生肖 shēngxiāo) or Earthly Branches . They are in order as follows: the rat, ox, tiger, rabbit, dragon, snake, horse, sheep (ram or goat), monkey, rooster, dog, and boar. In Vietnam the rabbit is replaced by the cat.

This combination creates the 60-year cycle due to the least amount of years (least common multiple) it would take to get from Yang Wood Rat to its next iteration, which always starts with Yang Wood Rat and ends with Yin Water Boar. Since the zodiac animal cycle of 12 is divisible by two, every zodiac sign can also only occur in either Yin or Yang: the dragon is always yang, the snake is always yin, etc. The current cycle began in 1984 (as shown in "Table of the sixty year calendar" below).

When trying to traverse the lunisolar calendar, an easy rule to follow is that years that end in an even number are yang, those that end with an odd number are yin. The cycle proceeds as follows:

  • If the year ends in 0 it is Yang Metal.
  • If the year ends in 1 it is Yin Metal.
  • If the year ends in 2 it is Yang Water.
  • If the year ends in 3 it is Yin Water.
  • If the year ends in 4 it is Yang Wood.
  • If the year ends in 5 it is Yin Wood.
  • If the year ends in 6 it is Yang Fire.
  • If the year ends in 7 it is Yin Fire.
  • If the year ends in 8 it is Yang Earth.
  • If the year ends in 9 it is Yin Earth.

However, since the (traditional) Chinese zodiac follows the (lunisolar) Chinese calendar, the switch-over date is the Chinese New Year, not January 1 as in the Gregorian calendar. Therefore, a person who was born in late January or early February may have the sign of the previous year. For example, if a person was born in January 1970, his or her element would still be Yin Earth, not Yang Metal. Similarly, although 1990 was called the year of the horse, anyone born from January 1 to January 26, 1990, was in fact born in the Year of the Snake (the sign of the previous year), because the 1990 Year of the Horse did not begin until January 27, 1990. For this reason, many online sign calculators (and Chinese restaurant place mats) may give a person the wrong sign if he/she was born in late January or early February.

The start of a new Zodiac is also celebrated on Chinese New Year along with many other customs.

Table of the sixty year calendar

The following table shows the 60-year cycle matched up to the Western calendar for the years 1924–2043 (see above article for years 1804–1923).

  Year Associated
Element
Heavenly
Stem
Earthly
Branch
Associated
Animal
Year
1924–1983 1984–2043
1 Feb 05 1924–Jan 23 1925 Yang Wood Rat Feb 02 1984–Feb 19 1985
2 Jan 24 1925–Feb 12 1926 Yin Wood Ox Feb 20 1985–Feb 08 1986
3 Feb 13 1926–Feb 01 1927 Yang Fire Tiger Feb 09 1986–Jan 28 1987
4 Feb 02 1927–Jan 22 1928 Yin Fire Rabbit Jan 29 1987–Feb 16 1988
5 Jan 23 1928–Feb 09 1929 Yang Earth Dragon Feb 17 1988–Feb 05 1989
6 Feb 10 1929–Jan 29 1930 Yin Earth Snake Feb 06 1989–Jan 26 1990
7 Jan 30 1930–Feb 16 1931 Yang Metal Horse Jan 27 1990–Feb 14 1991
8 Feb 17 1931–Feb 05 1932 Yin Metal Ram Feb 15 1991–Feb 03 1992
9 Feb 06 1932–Jan 25 1933 Yang Water Monkey Feb 04 1992–Jan 22 1993
10 Jan 26 1933–Feb 13 1934 Yin Water Rooster Jan 23 1993– Feb 09 1994
11 Feb 14 1934–Feb 03 1935 Yang Wood Dog Feb 10 1994–Jan 30 1995
12 Feb 04 1935–Jan 23 1936 Yin Wood Boar Jan 31 1995–Feb 18 1996
13 Jan 24 1936–Feb 10 1937 Yang Fire Rat Feb 19 1996–Feb 06 1997
14 Feb 11 1937–Jan 30 1938 Yin Fire Ox Feb 07 1997–Jan 27 1998
15 Jan 31 1938–Feb 18 1939 Yang Earth Tiger Jan 28 1998–Feb 15 1999
16 Feb 19 1939–Feb 07 1940 Yin Earth Rabbit Feb 16 1999–Feb 04 2000
17 Feb 08 1940–Jan 26 1941 Yang Metal Dragon Feb 05 2000–Jan 23 2001
18 Jan 27 1941–Feb 14 1942 Yin Metal Snake Jan 24 2001–Feb 11 2002
19 Feb 15 1942–Feb 04 1943 Yang Water Horse Feb 12 2002–Jan 31 2003
20 Feb 05 1943–Jan 24 1944 Yin Water Ram Feb 01 2003–Jan 21 2004
21 Jan 25 1944–Feb 12 1945 Yang Wood Monkey Jan 22 2004–Feb 08 2005
22 Feb 13 1945–Feb 01 1946 Yin Wood Rooster Feb 09 2005–Jan 28 2006
23 Feb 02 1946–Jan 21 1947 Yang Fire Dog Jan 29 2006–Feb 17 2007
24 Jan 22 1947–Feb 09 1948 Yin Fire Boar Feb 18 2007–Feb 06 2008
25 Feb 10 1948–Jan 28 1949 Yang Earth Rat Feb 07 2008–Jan 25 2009
26 Jan 29 1949–Feb 16 1950 Yin Earth Ox Jan 26 2009–Feb 13 2010
27 Feb 17 1950–Feb 05 1951 Yang Metal Tiger Feb 14 2010–Feb 02 2011
28 Feb 06 1951–Jan 26 1952 Yin Metal Rabbit Feb 03 2011–Jan 22 2012
29 Jan 27 1952–Feb 13 1953 Yang Water Dragon Jan 23 2012–Feb 09 2013
30 Feb 14 1953–Feb 02 1954 Yin Water Snake Feb 10 2013–Jan 30 2014
31 Feb 03 1954–Jan 23 1955 Yang Wood Horse Jan 31 2014–Feb 18 2015
32 Jan 24 1955–Feb 11 1956 Yin Wood Ram Feb 19 2015–Feb 07 2016
33 Feb 12 1956–Jan 30 1957 Yang Fire Monkey Feb 08 2016–Jan 27 2017
34 Jan 31 1957–Feb 17 1958 Yin Fire Rooster Jan 28 2017–Feb 18 2018
35 Feb 18 1958–Feb 07 1959 Yang Earth Dog Feb 19 2018–Feb 04 2019
36 Feb 08 1959–Jan 27 1960 Yin Earth Boar Feb 05 2019–Jan 24 2020
37 Jan 28 1960–Feb 14 1961 Yang Metal Rat Jan 25 2020–Feb. 11 2021
38 Feb 15 1961–Feb 04 1962 Yin Metal Ox Feb 12 2021–Jan 31 2022
39 Feb 05 1962–Jan 24 1963 Yang Water Tiger Feb 01 2022–Jan 21 2023
40 Jan 25 1963–Feb 12 1964 Yin Water Rabbit Jan 22 2023–Feb 09 2024
41 Feb 13 1964–Feb 01 1965 Yang Wood Dragon Feb 10 2024–Jan 28 2025
42 Feb 02 1965–Jan 20 1966 Yin Wood Snake Jan 29 2025–Feb 16 2026
43 Jan 21 1966–Feb 08 1967 Yang Fire Horse Feb 17 2026–Feb 05 2027
44 Feb 09 1967–Jan 29 1968 Yin Fire Ram Feb 06 2027–Jan 25 2028
45 Jan 30 1968–Feb 16 1969 Yang Earth Monkey Jan 26 2028–Feb 12 2029
46 Feb 17 1969–Feb 05 1970 Yin Earth Rooster Feb 13 2029–Feb 02 2030
47 Feb 06 1970–Jan 26 1971 Yang Metal Dog Feb 03 2030–Jan 22 2031
48 Jan 27 1971–Feb 14 1972 Yin Metal Boar Jan 23 2031–Feb 10 2032
49 Feb 15 1972–Feb 02 1973 Yang Water Rat Feb 11 2032–Jan 30 2033
50 Feb 03 1973–Jan 22 1974 Yin Water Ox Jan 31 2033–Feb 18 2034
51 Jan 23 1974–Feb 10 1975 Yang Wood Tiger Feb 19 2034–Feb 07 2035
52 Feb 11 1975–Jan 30 1976 Yin Wood Rabbit Feb 08 2035–Jan 27 2036
53 Jan 31 1976–Feb 17 1977 Yang Fire Dragon Jan 28 2036–Feb 14 2037
54 Feb 18 1977–Feb 06 1978 Yin Fire Snake Feb 15 2037–Feb 03 2038
55 Feb 07 1978–Jan 27 1979 Yang Earth Horse Feb 04 2038–Jan 23 2039
56 Jan 28 1979–Feb 15 1980 Yin Earth Ram Jan 24 2039–Feb 11 2040
57 Feb 16 1980–Feb 04 1981 Yang Metal Monkey Feb 12 2040–Jan 31 2041
58 Feb 05 1981–Jan 24 1982 Yin Metal Rooster Feb 01 2041–Jan 21 2042
59 Jan 25 1982–Feb 12 1983 Yang Water Dog Jan 22 2042–Feb 09 2043
60 Feb 13 1983–Feb 01 1984 Yin Water Boar Feb 10 2043–Jan 29 2044

 Wu Xing

The Yin or Yang is broken down into Wu Xing (Wood, Fire, Earth, Metal, and Water) on top of the cycle of animals.[citation needed] These are modifiers and affect the characteristics of each of the 12 animal signs. Thus, each of the 12 animals are governed by an element plus a Yin Yang Direction.

Although it is usually translated as 'element' the Chinese word xing literally means something like 'changing states of being', 'permutations' or 'metamorphoses of being'. [2] In fact Sinologists cannot agree on one single translation. The Chinese conception of 'element' is therefore quite different from the Western one. The Western elements were seen as the basic building blocks of matter. The Chinese 'elements', by contrast, were seen as ever changing and moving forces or energies—one translation of xing is simply 'the five changes'.

The balance of yin and yang and the five elements in a person's make-up has a major bearing on what is beneficial and effective for them in terms of feng shui, the Chinese form of geomancy. This is because each element is linked to a particular direction and season, and their different kinds of or life force.

木 Wood

  • The East(東)
  • Springtime(春)
  • Azure Dragon(青龍)
  • The Planet Jupiter (木星)
  • The Color Green(緑)
  • Liver (TCM)(肝) and gallbladder(胆)
  • Generous, Warm, Persuasive, Co-operative, Seeks to Expand and Grow.
  • Idealistic, Ethical, Enthusiastic, Seeks to Explore.

Wood governs the Tiger, Rabbit(weakest wood) , Dragon (Strongest wood)

 火 Fire

  • The South(南)
  • Summer(夏)
  • Vermilion Bird(朱雀)
  • The Planet Mars(火星)
  • The Color Red(赤)
  • Circulatory system & Heart(心)
  • Dynamic, Humanitarian, Enterprising, Adventurous, Restless
  • Competitive, Leadership Skills, Strong, Single-minded, Loves a good laugh

Fire governs the Snake, Horse (strongest fire), Ram (weakest fire)

土 Earth

  • Centre(中)
  • Three Enclosures(三垣), Change of seasons
  • The Yellow Dragon(黄龙)
  • The Planet Saturn(土星)
  • The Color Yellow(黄)
  • Digestive system, Spleen(脾) and stomach(胃)
  • Powerful, Wise, Patient, Militaristic, Prideful, Prudent, Stable, Reliable, Hard-working, Ambitious, Stubborn, Seeks to Conquer
  • Disciplined, Rigid, Controlling, Tenacious, Logical, Governed by Service and Duty to Others

Earth governs Sheep, Dog and Ox. It is the central balance of the elements and can lend qualities to all 12 animals as well.

 金 Metal

  • The West(西)
  • Autumn(秋)
  • White Tiger(白虎)
  • The Planet Venus(金星)
  • The Color White(白)
  • Respiratory system & Lungs(肺)
  • Determined, Self-reliant, Unyielding, Strong, Tenacious, Forceful
  • Reserved, Needs Personal Space, Sophisticated, Seeks pleasure, caring, respectful

Metal governs the Monkey , Rooster (strongest metal), Dog (weakest metal)

水 Water

  • The North (北)
  • Winter(冬)
  • Black Tortoise(玄武)
  • The Planet Mercury(水星)
  • The Colour Black(黑)
  • Skeletal(骨)/Excretory System & Lungs
  • Secretive, Self-destructive, Charming, Intuitive, Deceptive, Passive-Aggressive, Compassionate, Sensitive, Creative
  • Flexible, Addictive, Manipulative, Compliant, Eloquence, Intellectual, Betrayal

Water governs the Rat (strongest water), Ox, Pig (weakest water)

See also

References

  1. ^ Theodora Lau, The Handbook of Chinese Horoscopes, pp2-8, 30-5, 60-4, 88-94, 118-24, 148-53, 178-84, 208-13, 238-44, 270-78, 306-12, 338-44, Souvenir Press, New York, 2005
  2. ^ Wolfram Eberhard, A Dictionary of Chinese Symbols, pg 93, pg 105, pg 309, Routledge and Keegan Paul, London, 1986

Sources

Web sources

 

CHINESE ASTROLOGY  - OBAMA IS A 'YIN METAL OX' BULL

George W Bush, born July 6, 1946 was born in the Year of Yang Fire Dog

Richard (Dick) Cheney, born January 30, 1941  was born in the Year of the Metal Snake

Henry Kissinger (Barack Obama's mentor)  born on May 24, 1923  was born in the Year of the Dog.
Henry Alfred Kissinger (born Heinz Alfred Kissinger  is a German-born American political scientist, diplomat, and winner of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the Nixon administration. Henry Kissinger was President Obama's mentor.

Zbigniew Kazimierz Brzezinski (Polish: Zbigniew Kazimierz Brzeziński, : (born March 28, 1928, Warsaw, Poland) is a Polish-born American political scientist, geostrategist, and statesman who served as United States National Security Advisor to President Jimmy Carter from 1977 to 1981. Known for his hawkish foreign policy at a time when the Democratic Party was increasingly dovish, he is a foreign policy "realist" and considered by some to be the Democrats' response to Republican Henry Kissinger.  He was born in the Year of the Wood Ox (Bull)

Barack Obama, born August 4, 1961 was born in the Year of Yin Metal Ox (Bull)

Joseph (Joe) Biden,  born November 20, 1942    was born in the Year of  the Water Horse

Hillary Clinton, born  October 26, 1947  was born in the Year of Yang Fire Boar (Pig)

If Obama (Ox) and Hillary (rabbit) are skinned - that says a lot for their politics. Exactly what skinned means - remains to be seen.

William Clinton, born Aug. 19, 1946 was born in the Year of Yang Fire Dog
 
Clinton won a Rhodes Scholarship to the University of Oxford in England, ...
      Cecil Rhodes 5 July 1853 – 26 March 1902 was born in the Year of the Water Ox.
      He was an ardent believer in colonialism and imperialism, and was the founder of the
      state of Rhodesia, which was named after him.
      This is where the New World Order was born and what Cecil Rhodes invented at Oxford University..

Hillary Clinton was born in the Year of the Pig, which was skinned in the dream along with the two bulls and rabbit. So she is the ying to Bill's yang Year of the Dog. The Chinese years are arranged in pairs of ying/ yang.

Albert (Albert) Gore, born March 31, 1948  was born in the Year of the Fire Boar (Pig)

Osama bin Laden was born, 10 March 1957 in the Year of the Rooster.

Muammar Abu Minyar al-Gaddafi of Libya was born  June, 7  1942 in the Year of the Horse.

Mahmoud Ahmadinejad; born October 28, 1956) was born in the Year of the Wood Ram (sheep)
         He is the sixth and current President of the Islamic Republic of Iran.

 Pope Benedict is an Aries,  [April 16, 1927] - Year of the Rabbit
    He's made two important announcements  in the past weeks. One was about the Bishop and the German holocaust and today he said that condoms would not help HIV/AIDS. World Health Assembly President, Guyana's Health Minister Leslie Ramsammy, condemned Pope Benedict's call for ending condom use in the fights against AIDS, saying he was trying to sow confusion.

Ayatollah  Khamenei] advisor to the president of Iran - Ahmadinejad was born born 17 July 1939 in the Year of the Rabbit.

Ayman al Zawahri, Egyptian doctor, second in command to Osama bin Laden was born June 19, 1951 in the Year of the Rabbit. Surgeons "skin" people which is also a torture.

Fidel Castro of Cuba was born August 13, 1926 in the Year of the Rabbit and he made an announcement around the New Year that he doesn't think he'll be around by next year.

Crown Prince Sultan in Saudi Arabia was born 5 January, 1930 in Riyadh ,Year of the Yin Earth Snake

King Abdullah, his brother , was born August 1924 in the Year of the Wood Rat

Crown Prince Bandar, the son of Crown Prince Sultan, was born March 2, 1949 in the Year of the Earth Rat.

The Exchequer of Great Britain, James Gordon Brown, was born 20 February 1951 in the Year of the Yin Metal Rabbit
 
President Nursultan Abishuly Nazarbayev  (born 6 July 1940 in Chemolgan, Kazakh SSR, Soviet Union) has served as the President of Kazakhstan since the Fall of the Soviet Union and the nation's independence in 1991. He is criticised by some for slow action on widespread corruption, suppression of opposition, unfair elections and insufficient freedom of speech   In 1984 Nazarbayev became the Chairman of the Council of Ministers, working under Dinmukhamed Kunayev, the First Secretary of the Communist Party of Kazakhstan. He served as First Secretary of the Kazakh Communist Party from 1989 to 1991. While previously having atheistic views in the Soviet era, Nazarbayev has exerted effort to highlight his Muslim heritage by traveling on a hajj and supporting mosque renovations[4] and at the same time attempting to combat terrorism in Kazakhstan.   He was born in the Year of the Metal Dragon

President of Ecuador, Rafael Vicente Correa Delgado was born April 6, 1963 in the Year of the Water Rabbit

President Tabaré Ramón Vázquez Rosas.  (born January 17, 1940) is the current President of Uruguay. A physician (oncologist) by training, he is a member of the centre-left Broad Front coalition (Frente Amplio in Spanish). Vázquez was elected president on October 31, 2004 and took office on March 1, 2005. Born in the Year of Earth Rabbit.

Jetsun Jamphel Ngawang Lobsang Yeshe Tenzin Gyatso (born Lhamo Döndrub; Wylie: Lha-mo Don-'grub;
Chinese: 拉莫顿珠) (6 July 1935 in Qinghai), is the 14th Dalai Lama. He is the head of the Tibetan government-in-exile based in Dharamshala, India.[3] The Dalai Lama is a spiritual leader revered among Tibetans. The most influential figure of the Gelugpa or Yellow Hat Sect, he has considerable influence over the other sects of Tibetan Buddhism.[4] Tibetans traditionally believe him to be the reincarnation of his predecessors. The Dalai Lama was born in the year of the Pig.  (There was a riot in Tibet at a police station in theh headlines on 3-22-09.

President Barrack Obama is Year of the Ox, which is a type of "bull" and 2009 is Year of  the Ox/ Bull. The next Year of the Bull (calf in my dream below and the other bull in Dee's dream) will be in 2021.

The next Year of the Rabbit will be in 2011 - (the year of the Iraq drawdown and also the year that al Zawahri, second in
command to bin Laden turns 60).

 Year of the Pig as is Mitt Romney.
 
Sheila's dream of 3-22-09

 I dreamed this morning that I was pushing a wheel barrow of baked beans or
 pork n' beans across the doctors' country estate pasture next door to the
 farm. Several calves jumped up out of clumps of tall grass where the cows had
 hidden them, like deer. I turned to warn a girl walking behind me about the
 cows, but I saw a small black bull a few feet away and only one cow in the
 distance chasing a calf. Bulls terrify me, but I turned my back and kept pushing
 the wheel barrow. Then a small black calf followed me and I was afraid it was
 going to touch the back of my calf with its cold nose like a white pig did in
 real life once and almost bit me, but I looked over my shoulder and saw the
 pig just in time and it ran away. A coworker told me that they bury people
 eaten by pigs, putting the pigs in their casket in the Philippine Islands.
 
 Anyway, the Wheel of Fortune (wheel barrow) is the Tarot card for 2008. The edge
 at the farm where I was pushing it is the Joker/ Fool card in tarot and the
 Hebrew word for the Fool is aleph/ the Ox. it will be the card for 2020/ Year
 of the Rat which is George HW Bush's [CIA] card. The farm is a term for the
 CIA country estate in Langley, Virginia.
 
 Sheila

A dream and e-mail from Betty  wrote:

Hi Dee,

I guess you saw the dream sketch of MC Young about the bull, the bear and
the black swan in a setting of the Joshua tree...symbolic to me of Southern
 CA exactly where Obama is at this time. In that dream the black swan appears
 to be dead (shot down?) over water (Pacific ocean?) I can see why others
 would identify the black swan as Obama. A swan as we layman know is one of the
 most beautiful of birds --but swans normally are white--the black almost
 pinpoints our president. One person commented that a swan also represents mystical
 deception or a magician. Is he shot down by water? Tsunami? God I hope not
 since my girl is there.
 
 OK so now your dream animals are skinned--an animal usually is dead before
 it is skinned. All of your animals have one thing in common --they are now
 all dead. These animals are symbolic of a person or a country or possibly an
 age or period of time (year of the pig). What countries could be represented
 by the bulls, rabbit and pig?
 
Whatever, the outcome of the situation is that whoever, whatever each
represents the issue is dead, taken care of, over & done. Now what does one do
 after he skins an animal? a) he can sell the skin for profit b) he can then
 process the meat and eat it himself or c) he can sell the meat to someone else.
 In each case, he comes out a winner doesn't he?
 
 Betty

Response from Dee:  I can't determine when events will happen, except if a season is presented in a dream.
I've had dreams come true all the way from immediately to 45 days - so that's the window I tend to aim at.
 
Though that said I had a whole string of dreams about giants in Wisconsin and the only thing that happened was three very strange airplane incidents where congressman and Obama were on. Hard to determine if was connected to giants, but the word giant could be symbolic for Illuminati or Bilderberg too. Maybe a sign to the people on the planes who  wanted to be elected that they had better behave themselves according to plan.
See: 

GIANTS IN WISCONSIN
I then asked what country has red and white missiles and thought about going on google.com images to look and I saw what looked like a giant-sized pencil ...
www.greatdreams.com/political/giants-false-flag.htm

GIANTS OF THE BIBLE

Anthropologists have found evidence of humanoid giants existing into the far distant past, over 1 million years ago (see Gigantopithecus). ...
www.greatdreams.com/reptlan/giants.htm

THE NEPHILIM
The doctrine breeds a race of “spiritual giants” called the NEPHILIM. ... The Nephilim spirit produces “spiritual giants” among men, those of “renown” who ...
www.greatdreams.com/reptlan/nephilim.htm
PRESIDENT BARACK OBAMA
On November 4, 2008, Presidential candidate Barack Obama changed the face of history by becoming the first African-American President Elect to win the office of presidency. On January 20, Barack Obama will be sworn into office and he will start making decisions that will shape the future of the United States. Coming off a long and arduous campaign, the state of the nation will offer no reprieve for the new president. Chinese Astrology looks ahead to see how Obama’s personal forecast may affect the nation and his decisions.

Barack Obama was born on August 4, 1961. His primary personality traits are ruled by the Chinese Zodiac elemental animal, the Metal Ox. This is an Earth year and that is positive for the Metal Ox. Though it is generally not a favorable year for the Ox, the Earth exerts the most beneficial influence on Metal of any element. This year could prove to have some defining moments for the Metal Ox, but he should not allow his strong will to shadow his common sense, as this could deter certain goals and hinder relations at work and at home.

According to Chinese Astrology, the first month in office may be a difficult adjustment for Obama, as here is a look at his Chinese Astrology personal forecast for February:

January 26, 2009 to February 24, 2009

Month of The Chinese Zodiac elemental animal sign, the Fire Tiger

24% Favorable. This is a very unpredictable month for the Ox. An area that proposes concern is your financial situation. You may have had a career or position change in the past year that may be on shaky ground, perhaps by situations beyond your control. Travel this month is not recommended. Positive light is shed on a relationship. This is a good month to focus on the one you are with and consider taking it to the next level.

Fortunately for Obama, there March promises to be more favorable. Certain other favorable months are May and September. Barack Obama promises to make changes for the United States and he certainly has the charisma and intelligence to do so. Chinese Astrology cannot predict the outcome of his decision, but it can certainly be a guide to his favorable periods. We wish you all the luck in office and hope that you have the presence to make the changes that are needed.

For more article about Obama, let's check out this site http://www.onlinechineseastrology.com/spec...ma-reading.html

ANIMAL FARM

Animal Farm is a dystopian novel by George Orwell. Published in England on 17 August 1945, the book reflects events leading up to and during the Stalin era before World War II. Orwell, a democratic socialist[1] and a member of the Independent Labour Party for many years, was a critic of Joseph Stalin and was suspicious of Moscow-directed Stalinism after his experiences with the NKVD during the Spanish Civil War. In a letter to Yvonne Davet, Orwell described Animal Farm as his novel "contre Stalin".[2]

The original title was Animal Farm: A Fairy Story, but A Fairy Story was dropped by the US publishers for its 1946 publication. Of all the translations during Orwell's lifetime, only Telugu kept the original title. Other variations in the title include: A Satire and A Contemporary Satire.[2] Orwell suggested for the French translation the title Union des républiques socialistes animales or URSA, which means "bear" in Latin.[2]

Time Magazine chose the book as one of the 100 best English-language novels (1923 to 2005),[3] at number 31 on the Modern Library List of Best 20th-Century Novels. It won a Retrospective Hugo Award in 1996 and is also included in the Great Books of the Western World.

 Overview

The short novel is dystopian allegory in which animals play the roles of the Bolshevik revolutionaries[4] and overthrow and oust the human owner of a farm (Manor Farm), renaming it Animal Farm and setting it up as a commune in which, at first, all animals are equal; however, class and status disparities soon emerge between the different animal species (the pigs being the "greater species"). The novel describes how a society's ideologies can be manipulated and twisted by those in positions of social and political power, including how Utopian society is made impossible by the corrupting nature of the very power necessary to create it.

The novel addresses not only the corruption of revolution by its leaders but also highlights how wickedness in human nature (indifference, ignorance, greed and myopia) destroys any possibility of Utopia. While this novel deigns poor leadership as the flaw in revolution (and not the revolution of itself), it also shows how ignorance and indifference to problems within a revolution let the horrors happen.

Characters and their possible real-life counterparts

The events and characters in Animal Farm satirise Stalinism ("Animalism"), authoritarian government and human stupidity generally; Snowball is seen as Leon Trotsky and the head pig, Napoleon, is Stalin.

 Pigs

Old Major, a prize Middle White boar,[5] is the inspiration that fuels the Rebellion in the book. According to one interpretation, he could be based upon both Karl Marx (in that he describes the ideal society the animals could create if the humans are overthrown) and Vladimir Lenin (in that his skull is put on revered public display, as was Lenin's embalmed corpse). However, according to Christopher Hitchens: "the Leon Trotsky elements are combined into one [i.e., Snowball], or, it might even be [...] to say, there is no Lenin at all."[6]

He introduces the animals to the song "Beasts of England", which becomes their anthem, and puts the idea of rebellion in the animals' heads.

Napoleon, a Berkshire boar ("a large, rather fierce-looking Berkshire boar, the only Berkshire on the farm, not much of a talker, but with a reputation for getting his own way."),[5] is the main tyrant and villain of Animal Farm and is based upon Joseph Stalin. He begins to gradually build up his power, using puppies he took from mother dogs Jessie and Bluebell, which he raises to be vicious dogs as his secret police. After driving Snowball off the farm, Napoleon usurps full power, using false propaganda from Squealer and threats and intimidation from the dogs to keep the other animals in line. Among other things, he gradually changes the Commandments to allow himself privileges such as eating at a table and to justify his dictatorial rule. By the end of the book, Napoleon and his fellow pigs have learned to walk upright and started to behave similarly to the humans against whom they originally revolted. Napoleon's name adds to the novella's themes of totalitarian dictators rising from vacuum of power and absolute power corrupting absolutely. The character's namesake, Napoleon Bonaparte, forcibly took control from a weak government in 1799, installed himself as First Consul and eventually crowned himself Emperor.

The French Revolution served as inspiration for many of Karl Marx's ideas. In the first French version of Animal Farm, Napoleon is called César, the French spelling of Caesar.[2], although another translation has him as Napoléon.[7]

Snowball is Napoleon's rival. He is an allusion to Leon Trotsky. He wins over most animals, but is driven out of the farm by Napoleon. Snowball genuinely works for the good of the farm and devises plans to help the animals achieve their vision of an egalitarian Utopia, but Napoleon and his dogs chase him from the farm, and Napoleon spreads rumours to make him seem evil and corrupt and that he had secretly sabotaged the animals' efforts to improve the farm. In his biography of Orwell, Bernard Crick suggests that Snowball was as much inspired by the Workers' Party of Marxist Unification (POUM) leader Andrés Nin as by Trotsky. Nin was a similarly adept orator and also fell victim to the Communist purges of the Left during the Spanish Civil War.[citation needed]

Squealer, a small fat porker, serves as Napoleon's right hand pig and minister of propaganda. Inspired by Vyacheslav Molotov and the Soviet paper Pravda, Squealer manipulates the language to excuse, justify, and extol all of Napoleon's actions. He represents all the propaganda Stalin used to justify his own terrible acts. In all of his work, George Orwell made it a point to show how politicians used language. Squealer limits debate by complicating it and he confuses and disorients, making claims that the pigs need the extra luxury they are taking in order to function properly, for example. However, when questions persist, he usually uses the threat of the return of Mr Jones, the former owner of the farm, to justify the pigs' privileges. Squealer uses statistics to convince the animals that life is getting better and better. Most of the animals have only dim memories of life before the revolution; therefore, they are convinced.

Minimus is a poetic pig who writes the second and third national anthems of Animal Farm after the singing of "Beasts of England" is banned. He represents admirers of Stalin both inside and outside the USSR such as Maxim Gorky. As Minimus composed the replacement of "Beasts of England", he may equate to the three main composers of the National Anthem of the Soviet Union which replaced The Internationale Gabriel El-Registan, Alexander Vasilyevich Alexandrov and Sergey Mikhalkov.[citation needed]

The Piglets are hinted to be the children of Napoleon (albeit not truly noted in the novel) and are the first generation of animals actually subjugated to his idea of animal inequality.

The Rebel Pigs are four pigs who complain about Napoleon's takeover of the farm but are quickly silenced and later executed. This is based on the Great Purge during Stalin's regime. The closest parallels to the Rebel Pigs may be Nikolai Bukharin, Alexei Rykov, Grigory Zinoviev and Lev Kamenev.[citation needed]

Pinkeye is a minor pig who is mentioned only once; he is the pig that tastes Napoleon's food to make sure it's not poisoned, in response to rumours about an assassination attempt on Napoleon.

] Humans

Mr. Jones represents Nicholas II of Russia, the deposed Czar, who had been facing severe financial difficulties in the days leading up to the 1917 Revolution. The character is also a nod towards Louis XVI. There are several implications that he represents an autocratic but ineffective capitalist, incapable of running the farm and looking after the animals properly. Jones is a very heavy drinker and the animals revolt against him after he drinks so much that he does not feed or take care of them, and his attempt to recapture the farm is foiled in the Battle of the Cowshed (the Russian Civil War).

Mr. Frederick is the tough owner of Pinchfield, a well-kept neighbouring farm. He represents Adolf Hitler and the Nazi Party in general.[8] He buys wood from the animals for forged money and later attacks them, destroying the windmill but being finally beaten in the resulting Battle of the Windmill (World War II), which could be interpreted as either the battle of Moscow or Stalingrad. There are also stories of him mistreating his own animals, such as throwing dogs into a furnace, which may also represent the Nazi Party's treatment of political dissidents.

Mr. Pilkington is the easy-going but crafty owner of Foxwood, a neighbouring farm overgrown with weeds, as described in the book. He represents the western powers, such as the United Kingdom and the United States. The card game at the very end of the novel is a metaphor for the Tehran Conference, where the parties flatter each other, all the while cheating at the game. This last scene is ironic because all the Pigs are civil and kind to the humans, defying all for which they had fought. This happened at the Tehran Conference: the Soviet Union formed an alliance with the United States and the United Kingdom, capitalist countries that the Soviet Union had fought in the early years of the revolution.[8] At the end of the game, both Napoleon and Pilkington draw the Ace of Spades and then begin fighting loudly, symbolising the beginning of tension between the U.S. and Soviet superpowers.

Mr. Whymper is a man hired by Napoleon to represent Animal Farm in human society. He is loosely based on Western intellectuals such as George Bernard Shaw and, especially, Lincoln Steffens, who visited the USSR in 1919.

 Equines

There are four main equine (horse and donkey) characters: Clover, Boxer, Benjamin, and Mollie.

Boxer is one of the main characters. He is the pathetic symbol of the working class, or proletariat: loyal, kind, dedicated, respectful and physically the strongest animal on the farm, but naïve and slow. His ignorance and blind trust towards his leaders leads to his death and their profit. In particular, his heroic physical work represents the Stakhanovite movement. His maxim of "I will work harder" is reminiscent of Jurgis Rudkus from the Upton Sinclair novel The Jungle. His second maxim, "Napoleon is always right" is an example of the propaganda used by Squealer to control the animals. It was not adopted until later in the book. Boxer's work ethic is often praised by the pigs, and he is set as a prime example to the other animals. When Boxer is injured, and can no longer work, Napoleon sends him off to the knacker's yard and deceives the other animals, saying that Boxer died peacefully in the hospital. When the animals cannot work, Napoleon tosses them aside, for they mean nothing to him and Napoleon was not just done with Boxer because he could not work. He was also afraid of Boxer. Boxer had the strength and leadership to overthrow Napoleon. Napoleon never saw that Boxer would never do this because he was loyal to Napoleon.

Clover, Boxer's companion, is also a draft horse. She helps and cares for Boxer when he splits his hoof. She blames herself for forgetting the original Seven Commandments when Squealer had actually revised them. Clover is compassionate, as is shown when she protects the baby ducklings during Major's speech. She is also upset when animals are executed by the dogs, and is held in great respect by the three younger horses who ultimately replace Boxer. Beyond being the matriarch it is hard to find a political role for her in the novel.

Mollie is a self-centred and vain white mare who likes wearing ribbons in her mane, eating sugar cubes (which represent luxury) and being pampered and groomed by humans. She represents upper-class people, the bourgeoisie and nobility who fled to the West after the Russian Revolution and effectively dominated the Russian diaspora. Accordingly, she quickly leaves for another farm and is only once mentioned again.

Benjamin is a wise old donkey who shows little emotion and is one of the longest-lived animals; he is still alive at the end of the book and probably lives even longer than Napoleon. The animals often ask him about his lack of expression but he always answers with: 'Donkeys live a long time. None of you have ever seen a dead donkey.' Benjamin can also read as well as any pig, but rarely displays his ability. He is a dedicated friend to Boxer and is very upset when Boxer is taken away. Benjamin has known about the pigs' wrongdoing the entire time, but he says nothing to the other animals. He represents the cynics in society. Another possibility is that Benjamin is an allegory for intellectuals who have the wisdom to stay clear of the purges, but take no action themselves, such as pacifists, whose 'line' Orwell firmly disliked. Yet another possibility is that Benjamin is Orwell himself.

 Other animals

Muriel is a wise old goat who is friends with all of the animals on the farm. She, like Benjamin and Snowball, is one of the few animals on the farm who can read (with some difficulty, she has to spell the words out first) and helps Clover discover that the Seven Commandments have been continually changed. She possibly represents the same category as Benjamin, though she dies near the end of the book from old age.

The Puppies, were raised by Napoleon to be his security force, and may be reference to the fact that Stalin's rise to power was helped by his appointment as General Secretary of the Communist Party by Lenin in 1922, in which role he used his powers of appointment, promotion and demotion to quietly pack the party with his own supporters. The puppies represent Stalin's secret police.

Moses the Raven is an old bird that occasionally visits the farm with tales of a place in the sky called Sugarcandy Mountain, where he says animals go when they die, but only if they work hard. He spends time turning the animals' minds to Sugarcandy Mountain and he does no work. He represents religious leaders, specifically the Russian Orthodox Church, and Sugarcandy Mountain is Heaven. Religion is banned in the new régime, and his religious persona is exacerbated by the fact that he is named after a biblical character. He feels unequal in comparison to the other animals, so he leaves after the rebellion, for all animals were supposed to be equal. However, much later in the book he returns to the farm and continues to proclaim the existence of Sugarcandy Mountain. The other animals are confused by the pigs' attitude towards Moses; they denounce his claims as nonsense, but allow him to remain on the farm. The pigs do this to offer the hope of a happy afterlife to the other animals, probably to keep their minds on Sugarcandy Mountain and not on possible uprisings. This is an allegory to Stalin's pact with the Russian Orthodox Church. In the end, Moses is one of few animals to remember the rebellion, along with Clover, Benjamin, and the pigs.

The Sheep represent the mass proletariat, manipulated to support Napoleon in spite of his treachery. They show limited understanding of the situations but support him anyway, and regularly chant "Four legs good, Two legs bad". At the end of the novel, one of the Seven Commandments is changed after the pigs learn to walk on two legs, so they shout "Four legs good, two legs better". They can be relied on by the pigs to shout down any dissent from others.

The Rats may represent some of the nomadic people in the far north of the USSR.

The Hens may represent the Kulaks as they destroy their eggs rather than hand them over to Napoleon, just as during collectivisation some Kulaks destroyed machinery or killed their livestock.

Alcohol

One of the Seven Commandments is that no animal should drink alcohol. The pigs, the rulers, not only disobeyed this rule but struck it out and then started buying and brewing alcohol for themselves. Alcohol perhaps is a metaphor for money, or rather the love of it.

 Origin

George Orwell wrote the manuscript in 1943 and 1944 following his experiences during the Spanish Civil War, which he described in his 1938 Homage to Catalonia.

In the preface of a 1947 Ukrainian edition of Animal Farm he explained how escaping the communist purges in Spain taught him

how easily totalitarian propaganda can control the opinion of enlightened people in democratic countries.

This motivated Orwell to expose and strongly condemn what he saw as the Stalinist corruption of the original socialist ideals.[9]

In that preface Orwell also described what gave him the idea of setting the book on a farm:[9]

...I saw a little boy, perhaps ten years old, driving a huge carthorse along a narrow path, whipping it whenever it tried to turn. It struck me that if only such animals became aware of their strength we should have no power over them, and that men exploit animals in much the same way as the rich exploit the proletariat.

Orwell encountered great difficulty getting the manuscript published. Four publishers refused; one had initially accepted the work but declined after consulting with the Ministry of Information.[10][11] Eventually Martin Secker and Warburg published the first edition in 1945.

Significance

The Horn and Hoof Flag (interpretation above) described in the book appears to be based on the hammer and sickle.

In the Eastern Bloc both Animal Farm and later, also Nineteen Eighty-Four were on the list of forbidden books up until die Wende in 1989, and were only available via clandestine Samizdat networks.[12]

The 1947 Ukrainian edition was an early propaganda use of the book.[clarification needed] It was printed to be distributed among the Soviet citizens of Ukraine who were some of the many millions of displaced persons throughout Europe at the end of the Second World War. The American occupation forces considered the edition to be propaganda printed on illegal presses, and handed 1,500 confiscated copies of Animal Farm over to the Soviet authorities.[clarification needed] The politics in the book also affected the UK, with Orwell reporting that Ernest Bevin was "terrified"[13] that it may cause embarrassment if published before the 1945 general election.

In recent years,[when?] the book has been used to compare new movements that overthrow heads of a corrupt and undemocratic government or organisation, only eventually to become corrupt and oppressive themselves as they succumb to the trappings of power and begin using violent and dictatorial methods to keep it. Such analogies have been used for many former African colonies such as Zimbabwe and the Democratic Republic of the Congo, whose succeeding African-born rulers were accused of being as corrupt as, or worse than, the European colonists they supplanted.

The book also clearly ponders whether a focus of power in one person is healthy for a society. The book leaves the ending slightly ambiguous in this regard.[clarification needed]

The Freedom of the Press

Secker and Warburg published the first edition of Animal Farm in 1945 without any introduction. However, the publisher had provided space for a preface in the author's proof composited from the manuscript. For reasons unknown, no preface was supplied and all the page numbers needed to be redone at the last minute.[14][15]

Years later, in 1972, Ian Angus found the original typescript titled "The Freedom of the Press", and Bernard Crick published it, together with his own introduction in The Times Literary Supplement on 15 September 1972[14] as "How the essay came to be written".[15] Orwell's essay criticised British self-censorship by the press, specifically the suppression of unflattering descriptions of Stalin and the Soviet government.[15]

The same essay also appeared in the Italian 1976 Animal Farm edition, with another introduction by Crick, claiming to be the first edition with the preface.[14] Other publishers were still declining to publish it.

During World War II it became apparent to Orwell that anti-Russian literature was not something which most major publishing houses would touch — including his regular publisher Gollancz. One publisher he sought during the war, who had initially accepted Animal Farm, subsequently rejected his book after an official at the British Ministry of Information warned him off[16] — although the civil servant who it is assumed[by whom?] gave the order was later found to be a Soviet spy.[17] The publisher then wrote to Orwell, saying:[16] "If the fable were addressed generally to dictators and dictatorships at large then publication would be all right, but the fable does follow, as I see now, so completely the progress of the Russian Soviets and their two dictators [Lenin and Stalin], that it can apply only to Russia, to the exclusion of the other dictatorships.

"Another thing: it would be less offensive if the predominant caste in the fable were not pigs. I think the choice of pigs as the ruling caste will no doubt give offence to many people, and particularly to anyone who is a bit touchy, as undoubtedly the Russians are."

Orwell originally wrote a preface which complains about self-imposed British self-censorship and how the British people were suppressing criticism of the USSR, their World War II ally. "The sinister fact about literary censorship in England is that it is largely voluntary. ... Things are kept right out of the British press, not because the Government intervenes but because of a general tacit agreement that 'it wouldn't do' to mention that particular fact." Somewhat ironically, the preface itself was censored and is not published with most editions of the book.[18][19]

The same "voluntary" system still exists with the DA-Notice.[clarification needed]

 Cultural references

References to the novella are frequent in other works of popular culture, particularly in popular music and television series.

Adaptations

Animal Farm has been adapted to film twice. The 1954 Animal Farm film was an animated feature and the 1999 Animal Farm film was a TV live action version (which differs from the book factually).[clarification needed]

 See also

Notes

  1. ^ "Why I Write" (1936) (The Collected Essays, Journalism and Letters of George Orwell Volume 1 - An Age Like This 1945-1950 p.23 (Penguin))
  2. ^ a b c d Davison 2000
  3. ^ Grossman 2005
  4. ^ George Orwell (June 1976), La fattoria degli animali, Bruno Tasso (translator) (1 ed.), Italy: Oscar Mondadori, pp. 15,20  (Bernard Crick's preface quotes Orwell writing to T.S.Eliot about Cape's suggestion to find another animal than pigs to represent the Bolsheviks)
  5. ^ a b Google books online Animal Farm: A Fairy Story George Orwell, Signet Classic, 1996 ISBN 0451526341, 9780451526342 p25
  6. ^ Hitchens, Christopher (2002), Why Orwell Matters, Basic Books, pp 18.
  7. ^ Jean Quéval (1981), Edition Gallimard, ISBN-10 2070375161, ISBN 978-2-07-037516-5 
  8. ^ a b Moran page 39
  9. ^ a b Orwell 1947
  10. ^ Dag 2004
  11. ^ Orwell 1976 page 25 La libertà di stampa
  12. ^ Editors of German Wikipedia: [1]
  13. ^ Letter to Herbert Read, 18 August, 1945
  14. ^ a b c Orwell page 15. introduction by Bernard Crick
  15. ^ a b c George Orwell: The Freedom of the Press - Orwell's Proposed Preface to 'Animal Farm’. 1945
  16. ^ a b "The whitewashing of Stalin". BBC News. 2008-11-11. http://news.bbc.co.uk/2/hi/uk_news/magazine/7719633.stm. 
  17. ^ Taylor page 337 Writing to Leonard Moore, a partner in the literary agency of Christy & Moore, publisher "Jonathan Cape explained that the decision had been taken on the advice of a senior official in the Ministry of Information. Such flagrant anti-Soviet bias was unacceptable: and the choice of pigs as the dominant class was thought to be especially offensive. The 'important official' was, or so it may reasonably be assumed, a man named Peter Smollett, later unmasked as a Soviet agent."
  18. ^ Bailey83221 (Bailey83221 includes a preface and two cites: 1995-08-26 The Guardian page 28; 1995-08-26 New Statesman & Society 8 (366): 11. ISSN: 0954-2361)
  19. ^ Dag 2004

Citations

External links

Animal Farm

Introduction “Animal Farm” is a symbolical political satire in which animals take the place of humans. These animals can talk and are just as intelligent as humans. They learn to read and each type of animal a different aspect of humanity. (Ex.: Pigs- Politicians; Horses- Laborers; Sheep- Gullible People; etc. ) This book shows how a government that is set up to serve the people turns against them, just like communism did to the Russian people. Animalism symbolizes communism and the characters symbolize Russian leaders and people of importance. This is a tale with no happy ending. Characters The Pigs They symbolize politicians in a stereotypical sense. Some of them lie, cheat, and steal from the animals they are supposed to serve. They make promises that are never kept. Propaganda is spread to the animals they are supposed to represent. Old Major He is a pig who is very old. He has seen the lifestyle the animals live and is dissatisfied with it. He creates a government ideology called animalism which represents communism. He is the Karl Marx of this world. Napoleon He is a large, fierce looking Berkshire boar, who is not much of a talker. He uses animalism only to increase his power and the dogs to terrorize the other animals.


I decided to read Animal Farm after we watched the movie in class. I slept through some of it in class but what I did see I liked so I knew I needed to read the book so that I would know everything that happened. It is a very creative way to present communism and using animals instead of people is more inte

Napoleon symbolizes the dictator Joseph Stalin in this world. Snowball He is a pig that fights with Napoleon over the power on the farm. He is a very energetic, eloquent speaking, brilliant leader who organizes the defense of the farm. Napoleons jealousness of him makes him try to kill Snowball. Snowball flees the area and every misfortune in Animal Farm after that is blamed on him. He represents Leon Trotsky in this story. Squealor He is a short, fat, twinkle eyed pig who is a brilliant talker. He justifies the horrible actions of Napoleon and most of the animals buy into it. He has a sly, persuasive air to him. This is why he is head of Napoleon’s propaganda plan. Boxer He is a large, very powerful horse who is not too bright. He buys into animalism and works the hardest on the farm. He saves the farm on multiple occasions and declared a national hero. After he gets too sick to work Napoleon secretly sells him to a glue factory. Boxer symbolizes the hard working Russian class that Stalin abused for his own benefit. Mollie She is a mare who abandons Animal Farm for sugar and ribbons at the human inn. She represents the nobles of Russia that abandoned the people after the Russian Revolution. The Dogs These animals are the military force and secret police of this totalitarian government. They were trained at birth to be completely loyal to Napoleon. They are Animalism only true physical force and without them the pigs would be powerless. T

Some topics in this essay:
Snowball Napoleon, Farm Plot, Leon Trotsky, Animal Farm, Characters Pigs, Gullible People, Joseph Stalin, Napoleon Animalism, , Karl Marx, animal farm, whatever goes legs, set serve, whatever goes, animals supposed, goes legs, government set, totalitarian government, animals buy, government set serve, windmill built, secret police,

 


GEORGE W. BUSH FAMILY TIED TO NAZISM

 

George W. Bush, born July 6, 1946 was born in the Year of Yang Fire Dog

 

George H. W. Bush, born June 12, 1924   was born in the Year of the Wood Boar

 

Prescott Bush. born May 15, 1895  was born in the Year of the Metal Ram (sheep)

 

Three subsequent generations of the Bush family have been Yale alumni. Prescott Bush was admitted to the Zeta Psi fraternity and Skull and Bones secret society. 
 

George Bush's grandfather, the late US senator Prescott Bush, was a director and shareholder of companies that profited from their involvement with the financial backers of Nazi Germany.

The Guardian has obtained confirmation from newly discovered files in the US National Archives that a firm of which Prescott Bush was a director was involved with the financial architects of Nazism.

His business dealings, which continued until his company's assets were seized in 1942 under the Trading with the Enemy Act, has led more than 60 years later to a civil action for damages being brought in Germany against the Bush family by two former slave labourers at Auschwitz and to a hum of pre-election controversy.

The evidence has also prompted one former US Nazi war crimes prosecutor to argue that the late senator's action should have been grounds for prosecution for giving aid and comfort to the enemy.

MORE AT: http://www.guardian.co.uk/world/2004/sep/25/usa.secondworldwar

 

There is a FREE, 9 minutes and 50 seconds documentary video clip excerpt exposing the truth about the Bush family directly tied into Hitler and Nazi Germany along with of course, the Skull and Bones, Bohemian Grove and the Illuminati. Click HERE to watch a video and get a feel for the full documentary. Then show it to fellow Christians who think George W. Bush is really an okay kind of fellow, who is a genuine man of true Christian faith.

 

The video is an Alex Jones Production - from one of his films at www.PrisonPlanet.com 

 

We would agree that "Dubya" (George W. Bush) is a man of faith, but it appears to be not of our faith. We’ve seen no evidence to suggest that "Dubya" believes and claims that he is and has been "saved by grace through faith alone, in the Lord Jesus Christ. As a "liberal, Methodist" many of whom are woshipping the pagan Earth-Mother goddess - a.k.a. Ishtar - you know her, the MOTHER OF THE HARLOTS of Revelation 17: 5.

Bush’s brand of "faith" is right in line with the Satanic doctrines and dogmas. We see no indication by Bush to the contrary, but rather, plenty of evidence that his entire life and that of his family is wrapped up in the Illuminati which controlled the Nazis and the Communists.

We, at A-O have had many e-mails from "Christians" who think the Republicans are the political party of fundamentalist/evangelical Christianity. Many wrote to attack us for posting all those pictures of George Bush and others flashing a Satanic hand signal during the Second Inaugural proceedings.


THE LONGHORN SYMBOLISM

 

They protested the feeble White House excuse issued later that the President was merely flashing the Texas University "Longhorns" symbol. They told us emphatically that we were wrong and how dare we attack a Christian president serving the Lord. We suspect that the "Lord" Bush serves is "lord" Lucifer not the Lord Jesus Christ. Here again are two pictures linking it to Satanic symbolism ...

Portrait of Anton Levay Leader of Church of Satan.

Note the position of the fingers on his left hand. A Satanic signal

George is alumnus of Yale and the Satanic "Skull and Bones Society"

 

So are his father and Grandfather as well as the Bohemian Grove where there is open worship of Baal (Molech - the owl god) and prayers to Inanna/Ishtar - THE MOTHER OF THE HARLOTS - are proclaimed aloud as an invocation preceding the ceremonial (?) fake-human(?) sacrifice on a fiery altar of a large stone owl.

 

Cremation

PHOTO TAKEN AT THE CALIFORNIA BOHEMIAN GROVE CEREMONY
See:  http://www.greatdreams.com/political/bohemian.htm
for more photos

 

This is also on video. The Bush family has their own special lodge for the family and their guests. The folks that made this same video we’ve already mentioned linking the Bush’s to the Nazi’s also has an over 2 hour video of secretly taped video coverage of the Bohemian Grove opening night ceremony from the year 2000 event. Here is how the video happened.

  • The video is very riveting for those with spiritual maturity to understand it. If your are spiritually mature enough, you’ll quickly realize the enormity of the event and the video. You can even find short, video clip movie clips of this documentary by clicking HERE - if necessary click start button several times, till movie clip starts!!!

  • Larger video clip of RAW video of event HERE

  • Another clip HERE

  • Here’s a Photo Gallery of Bohemian Grove Information 

See photos from the Bohemian Grove’s private Yearbook. The pictures may stun some Christians who protest that George is just a sincere, loving, Christian believer. We suggest high dosage of skepticism is in order. Remember, We’ve never heard Bush ever claim that salvation is by Grace through Faith alone. All we’ve ever heard was a "Works" vocabulary. As Paul writes in Galatians, a "Works" salvation gains you eternal damnation. The demons believed in Jesus. In fact, when Jesus encountered the Demons, He had to admonish them not to get too carried away in identifying Him as the Son of God.

 

Demons have a very straight doctrinal understanding - they’re simply in rebellion over it. So anyone can make claims and reiterate wonderful sounding terms and even a "testimony" of sorts. That does not mean that they are a Christian. We see no signs whatsoever that George W. Bush is a Christian. Instead we see the reverse with attendance at the Bohemian Grove, where Satan is worshipped directly. Just see the video links given above.


Pics of "Dubya" speaking to the group with the huge Satanic stone idol of an owl (Baal - aka "Molech" in Canaan - whom they borrowed from Babylon and the Babylonians called "Baal" or Bel, aka Marduk/ Mardok/Merodach all dependent upon the dialect or language. The Greeks and Romans called him Mars.)

Nonetheless, you see "Dubya" along with his Dad by his side as Dubya speaks during a "Lakeside" talk in the daytime at the Bohemian Grove a few years ago. Oh, there’s also Newt Gingrich there too.

Some others? How about pics of Richard Nixon, Art Linkletter and Walter Cronkite (he offers the prayer to Inanna at the beginning of the ceremonies which Inanna is a early dialect name for Ishtar - they’re one and the same deity - the MOTHER OF THE HARLOTS, also known as the Goddes of Liberty/Freedom and Goddess of Love, War and Justice, as also, Queen of Heaven, aka - Ashtoreth, Ashtarte, Astarte in Mideast, also as Isis or Ish in Egypt and in Greece as Astarte, but later as Aphrodite, in early Rome as Libertas and later changed the name to Venus. Oh, yes, she held many titles.

Some other famous faces in the pics on that page -- Jimmy Carter, Jack Kemp, and German Chancellor Helmut Schmidt (below image) an honorary, invited guest.

 
So, the next you run across a Christian brother or sister who tries to rebuke you concerning any criticism of "Dubya" or the Bush family, show them these links, pics and videos. I suspect it will leave them speechless.
 

 

 

 

 

Hersh: 'Executive assassination ring' reported directly to Cheney Muriel Kane
Published: Wednesday March 11, 2009

See it on youtube.com

http://www.youtube.com/watch?v=z78RsKIo1Nc

Investigative reporter Seymour Hersh dropped a bombshell on Tuesday when he told an audience at the University of Minnesota that the military was running an "executive assassination ring" throughout the Bush years which reported directly to former Vice President Dick Cheney.

The remark came out seemingly inadvertently when Hersh was asked by the moderator of a public discussion of "America's Constitutional Crisis" whether abuses of executive power, like those which occurred under Richard Nixon, continue to this day.

Hersh replied, "After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet."

Hersh then went on to describe a second area of extra-legal operations: the Joint Special Operations Command. "It is a special wing of our special operations community that is set up independently," he explained. "They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. ... Congress has no oversight of it."

"It’s an executive assassination ring essentially, and it’s been going on and on and on," Hersh stated. "Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us."

Hersh told MinnPost.com blogger Eric Black in an email exchange after the event that the subject was "not something I wanted to dwell about in public." He is looking into it for a book, but he believes it may be a year or two before he has enough evidence "for even the most skeptical."

Stories have been coming out about covert Pentagon assassination squads for the last several years. In 2003, Hersh himself reported on Task Force 121, which operated chiefly out of the Joint Special Operations Command. Others stories spoke of a proposed Proactive, Preemptive Operations Group.

As Hersh noted in Minnesota, the New York Times on Monday described the Joint Special Operations Command as overseeing the secret commando units in Afghanistan whose missions were temporarily ordered halted last month because of growing concerns over excessive civilian deaths.

However, it appears that Hersh is now on the trail of some fresh revelation about these squads and their connection to Vice-President Cheney that goes well beyond anything that has previously been reported.


Eric Black's blog posting, which includes an hour-long audio recording of the full University of Minnesota colloquy, is available here.

 


Kissinger influence on Obama administration & UFO policy

March 23, 2009
 

Henry Kissinger and Vladimir Putin
Henry Kissinger meets Vladimir Putin on March 20. Photo: AP

President Obama’s National Security Advisor, General Jim Jones (USMC ret.) made a very curious comment at the 45th Munich Conference on Security Policy in Germany. He said:

Thank you for that wonderful tribute to Henry Kissinger yesterday. Congratulations. As the most recent National Security Advisor of the United States, I take my daily orders from Dr. Kissinger, filtered down through General Brent Scowcroft and Sandy Berger, who is also here.”

Jones’ comment appeared to be an unsuccessful attempt at dry humor – only a few in the audience actually laughed – in acknowledging Dr Henry Kissinger’s enormous influence in U.S. foreign policy which had been acknowledged a day earlier with a prestigious award. Many, however, immediately viewed Jones’ comment as an  unguarded admission of who really is in charge of U.S. policy. Jones comment raises two serious questions. How much influence does Kissinger exert over the Obama administration and the policy making process? Furthermore, what influence does Kissinger have in influencing U.S. policy on UFOs and extraterrestrial life?

continued: http://www.examiner.com/x-2383-Honolulu-Exopolitics-Examiner~y2009m3d23-Kissinger-influence-on-Obama-administration--UFO-policy


Iran Sets Terms for US Ties

by: Fredrik Dahl  |  Visit article original @ Reuters



Iranian supreme leader Ayatollah Ali Khamenei addressed a crowd of thousands on the day after US President Barack Obama sent a taped message to the Iranian people and its leadership offering a "new beginning" to strained US-Iranian relations. (Photo: Getty Images)

    Tehran - Iran has responded to U.S. President Barack Obama's offer of better relations by demanding policy changes from Washington, but the Islamic state is not closing the door to a possible thaw in ties with its old foe.

    Iran wants the United States to show concrete change in its behavior toward it, for example by handing back frozen assets, but Tehran is not pursuing "eternal hostility," said Professor Mohammad Marandi at Tehran University.

Also see below:     
Iran's Response to US Sign of Theocracy's Mind-Set    •

    "I think they (the Iranian leadership) are quite willing to have better relations if the Americans are serious," said Marandi, who heads North American studies at the university.

    A day after Obama held out the prospect of a "new beginning" of diplomatic engagement, Iran's top authority spoke at length on Saturday about its grievances against the United States and said he saw no real policy shift yet by the new administration.

    But Supreme Leader Ayatollah Ali Khamenei, who has final say on all matters of state, also added in his speech at Iran's most prominent religious shrine in the northeastern city of Mashhad: "You change, our behavior will change."

    Marandi said Khamenei did not dismiss Obama's overture but was "effectively saying that this is simply not enough, that the United States must take concrete steps toward decreasing tension with Iran."

    Iran and the United States have not had diplomatic ties for three decades and are now embroiled in a dispute over Tehran's nuclear program, which the West suspects is aimed at making bombs. Iran denies the charge.

    Saeed Laylaz, editor of business daily Sarmayeh and an outspoken political commentator, said Khamenei in his speech had sent a "counter-offer" to the United States following Obama's video message on Friday to mark the Iranian New Year. "I think he opened the doors to the United States," Laylaz said.

    Frozen Assets

    After taking office in January, Obama talked of extending a hand of peace to Tehran if it "unclenches its fist," in contrast to his predecessor George W. Bush, who branded Iran part of an "axis of evil" and spearheaded a drive to isolate it.

    In his warmest offer yet of a fresh start in relations, Obama said in Friday's video message: "The United States wants the Islamic Republic of Iran to take its rightful place in the community of nations."

    But Khamenei made clear more than a change in U.S. rhetoric was needed, saying the United States was "hated in the world" and should stop interfering in other countries.

    He also spoke of "oppressive sanctions" imposed on the Islamic Republic, Iranian assets frozen in the United States and Washington's backing of Israel, which Tehran does not recognize.

    "Khamenei suggested a very clear way for Obama's administration, how they can start real action about Iran," Laylaz said.

    Iranian officials have repeatedly shrugged off the impact of U.S. and U.N. sanctions on the country but analysts say tumbling crude prices may make the world's fourth-largest oil producer more vulnerable to such pressure over its nuclear activity.

    Marandi said the United States could make a significant move by giving back Iranian assets blocked after a group of Iranian students seized the U.S. embassy in Tehran in 1979 and held 52 Americans hostage for 444 days.

    Analysts have said Iran is setting tough conditions for dialogue to buy time. Adding to uncertainty, it holds a presidential election in June that could strengthen moderate voices backing detente over more hardline opponents.

    President Mahmoud Ahmadinejad has demanded Washington apologize for decades of "crimes" against Iran. Tehran also says it cannot let down its guard as long as U.S. troops are on its borders in Iraq and Afghanistan.

    But Professor Hamidreza Jalaiepour, who teaches political sociology in Tehran, said Khamenei had delivered a pragmatic message rather than one based on ideology on Saturday.

    If the United States eased sanctions imposed on Iran or released frozen funds, Iran was likely to respond, for example in helping to stabilize neighboring Afghanistan, he said.

    (Editing by Janet Lawrence)

:::::::::::::::::::::::::::::::::::::::::::::::::

Iran's Response to US Sign of Theocracy's Mind-Set

by: Brian Murphy  |  Visit article original @ The Associated Press

    Dubai, United Arab Emirates - The Iranian leader's rebuff on Saturday to President Barack Obama's offer for dialogue was swift and sweeping: Words from Washington ring hollow without deep policy changes.

    But Supreme Leader Ayatollah Ali Khamenei's response was more than just a dismissive slap at the outreach. It was a broad lesson in the mind-set of Iran's all-powerful theocracy and how it will dictate the pace and tone of any new steps by Obama to chip away at their nearly 30-year diplomatic freeze.

    "It's the first stage of the bargaining in classic Iranian style: Be tough and play up your toughness," said Abdulkhaleq Abdulla, a professor of regional politics at United Arab Emirates University. "The Iranian leaders are not about concessions at this stage. It's still all about ideology from the Iranian side."

    For Khamenei and his inner circle, that means appearing to stay true to the 1979 Islamic Revolution and the political narrative of rejecting the United States. Any quick gestures by the ruling clerics to mend ties with Washington could be perceived by hard-liners as a betrayal of the revolution.

    Iran's non-elected leaders also are carefully weighing how any openings - even small ones - could affect the June 12 presidential race between their apparent choice, hard-line President Mahmoud Ahmadinejad, and reformists led by a former prime minister, Mir Hossein Mousavi.

    "This is why this will be a very slow, very complicated process between Iran and the United States," said Abdulla. "Even the theocracy can be pragmatic. When they feel it's in the national interest to reach out to America, they will find a way."

    There are no signs of a spring thaw.

    Khamenei set the bar impossibly high - demanding an overhaul of U.S. foreign policy, including giving up "unconditional support" for Israel and halting claims that Iran is seeking nuclear arms. Iran insists its nuclear program is only for peaceful energy purposes.

    "Have you released Iranian assets? Have you lifted oppressive sanctions? Have you given up mudslinging and making accusations against the great Iranian nation and its officials?" Khamenei said in a speech in the northeastern city of Mashhad. The crowd chanted "Death to America."

    Despite Obama's offer, the State Department still lists Iran as a sponsor of terrorism for its backing of militant groups such as Lebanon's Hezbollah. In Iraq, U.S. officials accuse Iran of aiding Shiite militias whose targets have included American soldiers.

    "He (Obama) insulted the Islamic Republic of Iran from the first day. If you are right that change has come, where is that change? What is the sign of that change? Make it clear for us what has changed."

    Still, Khamenei left the door open to better ties with America, saying "should you change, our behavior will change, too."

    Khamenei's response carried a particular bite following Obama's important shift in U.S. tactics in his video released Friday, offering to speak directly to Iran's theocrats rather than encouraging only pro-democracy reformists inside the country.

    The move appears to recognize two key realities for U.S. policy makers: Iran's establishment is firmly entrenched and it holds all the cards in all important decisions.

    "There's a thinking that they will do what the U.S. did with Libya: engagement and incentives in return for moderated policies," said Patrick Clawson, deputy director of the Washington Institute for Near East Policy. "Iran, however, is a vastly more complicated place that has influence in Iraq, Afghanistan and across the region."

    The Obama administration hasn't outlined details of its next steps, but White House Press Secretary Robert Gibbs told reporters Friday that "many more" initiatives are expected.

    Last week, U.S. officials raised the possibility of regular diplomatic contacts between U.S. and Iranian diplomats around the world. On Tuesday, Secretary of State Hillary Clinton and Iranian envoys will have an opportunity for informal talks on the sidelines of a U.N.-led conference on Afghanistan at The Hague, Netherlands.

    In Iran, any contacts or messages will undoubtedly be viewed through the prism of the country's presidential elections.

    Some experts believe that Ahmadinejad could benefit from Obama's overtures by claiming that his tough stance toward the West brought Washington to the table. Reformers, meanwhile, could struggle with an identity crisis.

    "These are people who considered the U.S. an honest broker and committed to regime change," said Ilan Berman, an Iranian affairs specialist at the American Foreign Policy Council. "Now the reformers are going to feel left out in the cold."

    Saeed Leylaz, a prominent Tehran-based political analyst, saw Khamenei's tough language as just an opening flurry in what could be a gradual easing of tensions - similar to the decades of slow rapprochement with Britain despite a history of troubles dating back to disputes over oil fields more than a century ago.

    "The U.S. is the sole country in the world capable of destabilizing Iran. Khamenei is concerned about this," he said. "If Iran's concerns are eased, it will be willing to have relations with the U.S. in the same way it has relations with the U.K."


NEW MONEY, NEW MONEY, NEW MONEY

WHAT HAPPENED TO THE AMERO?

  1. THE SUPERHIGHWAY FACTS

    This country would be replaced by a common currency called the "Amero" and .... "The Case for the Amero: The Economics and Politics of a North American Monetary ...
    www.greatdreams.com/political/superhighway_facts.htm
  1. INVASION OF AMERICA

    Analysts: Dollar collapse would result in 'amero' · U.S. dollar facing imminent collapse? London stock trader urges move to 'amero' ...
    www.greatdreams.com/political/invasion_of_america.htm

Amero dies

By News Digital on March 21, 2009

Amero dies thumbnail

New World Order pox currency acmetal is ACME.

The entire recession-bound world is about to come down with a bad case of “acme”.

In an article from Agence France-Presse comes word that Kazakh President Nursultan Nazarbayev has the backing of the architect of the euro currency, Nobel-prize winner Professor Robert Mundell.

“Nazarbayev, speaking at an economic forum in the glitzy new capital he has built on the Kazakh steppe, defended his proposal for the “acmetal” world currency saying it might “look kind of funny” but was not,” (The Australian, March 11, 2009). 

Nazarbayev may have been more forthright had he said it might “look kind of fishy”. 

The “acmetal”, combines the Greek world “acme”, meaning peak or best, and “capital”.

Call it acmetal in Kazakh.  Call it amero in the headed-for-economic-meltdown United States of America.

That the acmetal now has the backing of a Canadian-born Nobel-prize winner does not make it any more palatable.

When it comes to laying the intellectual groundwork for a single currency, Mundell is king, although he refers to himself as just “one of several godfathers”.

These godfathers include anti-Americans UN Poster Boy Maurice Strong and big time speculator George Soros.

There’s a fishy smell wafting over the pond and it can be traced right back to acmetal.

In the U.S., experts were predicting three years ago that the collapse of the dollar was imminent.

“People in the U.S. are going to be hit hard,” says Bob Chapman publisher of The International Forecaster newsletter.  “In the severe recession we are entering now, Bush will argue that we have to form a North American Union to compete with the Euro.” (Debut of the `amero’, Canada Free Press, Dec. 14, 2006).

Mundell, who backs the acmetal, said on Oct. 14, 1999, “The emerging multi-polar world…presents a better opportunity to create a world central bank with a stable international currency than at any previous time in history.”

Asked in 2003 whether Milton Friedman’s suggestion that the euro areas could break up within 15 years was plausible, he responded: “An asteroid could hit our planet and demolish any area, or a world war could break out.  No currency area is war proof.  Even the US monetary union broke up in 1861.” The UK is, he says, already losing out by not adopting the euro.  He told the Treasury:

“It has lost foreign direct investment to the euro areas as a consequence of its fluctuating exchange rate.  It has also lost political influence over other EU members in matters of economic policy.” (http://www.timeshighereducation.co.uk, June 13, 2003).

Born in Canada in 1932, Prof. Mundell received his BA from the University of British Columbia in 1953.  He studied at the London School of economics and received his PhD from the Massachusetts Institute of Technology in 1956.  From 1966 to 1971, he was economics professor at the University of Chicago and editor of the Journal of Political Economy.

“A world central bank controlling all national monetary policies and currencies–until such time as a single global currency may be established–is essential to the one-worlder’s East-West merger scheme.

“As we have seen in the preceding chapter, the insiders’ penultimate goal is to create regional blocs in which the nation-states will become so economically and politically interdependent and integrated that the nations are subsumed into regional super-governments (the EU, WHFTA, APEC, etc.) with regional central banks and regional currencies.  Once this is done, it is small work to merge the regional entities into a single global government.” - (The UN World Money System)

“I must say that I agree with President Nazarbayev on his statement and many of the things he said in his plan, the project he made for the world currency, and I believe I’m right on track with what he’s saying,” Prof. Mundell said, adding the ideas held “great promise”.

“Mr. Nazarbayev and Prof. Mundell urged the Group of 20 leading developed and developing economies to form a working group on the proposal at their summit on the global economic crisis in London on April 2.

“We should deliver our thoughts and the thoughts of this conference to the leaders of those countries,” Mr. Nazarbayev said, referring to the G8 and G20 nations. (The Australian)

The euro, for which Prof. Mundell says his enthusiasm has not waned, followed a route of stealth and surprise in that it had already been issued as replacement currency before the masses could coalesce to fight it.

Even though the media spotlight is on the plans being discussed for Obama to be granted an audience with the Queen at Buckingham Palace on April 1st., the president will be in London for talks on global efforts to tackle the recession, central also to Gordon Brown’s plans for responding to the recession. 

While Americans are kept busy with Obama policies that are dramatically changing their country, will the `amero’ be unveiled under the name `acmetal’ at the summit on global economic crisis in London next month?

By Judi McLeod


China Takes Aim at Dollar, Urges New Global Currency

China calls for the creation of a new currency to eventually replace the dollar as the world's standard, reflecting a growing unhappiness with the U.S. role in the world economy.

FOXNews.com

Monday, March 23, 2009

BEIJING -- China called for the creation of a new currency to eventually replace the dollar as the world's standard, proposing a sweeping overhaul of global finance that reflects developing nations' growing unhappiness with the U.S. role in the world economy.

The unusual proposal, made by central bank governor Zhou Xiaochuan in an essay released Monday in Beijing, is part of China's increasingly assertive approach to shaping the global response to the financial crisis.

Zhou's proposal comes amid preparations for a summit of the world's industrial and developing nations, the Group of 20, in London next week. At past such meetings, developed nations have criticized China's economic and currency policies.

This time, China is on the offensive, backed by other emerging economies such as Russia in making clear they want a global economic order less dominated by the U.S. and other wealthy nations.

However, the technical and political hurdles to implementing China's recommendation are enormous, so even if backed by other nations, the proposal is unlikely to change the dollar's role in the short term. Central banks around the world hold more U.S. dollars and dollar securities than they do assets denominated in any other individual foreign currency. Such reserves can be used to stabilize the value of the central banks' domestic currencies.

Monday's proposal follows a similar one Russia made this month during preparations for the G20 meeting. Like China, Russia recommended that the International Monetary Fund might issue the currency, and emphasized the need to update "the obsolescent unipolar world economic order."

Chinese officials are frustrated at their financial dependence on the U.S., with Premier Wen Jiabao this month publicly expressing "worries" over China's significant holdings of U.S. government bonds. The size of those holdings means the value of the national rainy-day fund is mainly driven by factors China has little control over, such as fluctuations in the value of the dollar and changes in U.S. economic policies. While Chinese banks have weathered the global downturn and continue to lend, the collapse in demand for the nation's exports has shuttered factories and left millions jobless.

Continue reading at the Wall Street Journal


THE G-20 MEETING

France's PM Pushes Financial Reform Ahead of G-20 Meeting

By Julia Ritchey
Washington
24 March 2009

French PM Francois Fillon speaks at the French National Assembly in Paris, 17 Mar 2009

French Prime Minister François Fillon is in Washington to garner support for tougher international financial regulations ahead of the April 2 Group of 20 economic summit in London. While the Obama administration wants Europe to increase its fiscal stimulus to solve the global economic crisis, the French prime minister says financial reforms must first be addressed.

French Prime Minister François Fillon says it is the duty of the G-20 group of the world's largest developed and emerging economies next month to achieve concrete results in resolving the global economic crisis. He says the best way to do this is by agreeing to stricter oversight of international financial institutions.

In a speech at the Carnegie Endowment for International Peace in Washington on Monday, Mr. Fillon listed four key issues that France wants to top the agenda at the economic summit.

Mr. Fillon said the four pillars for lasting recovery are reforming financial regulations, supporting economic growth, rescuing banks and providing aid to the countries suffering most from the economic crisis.

In addition, he said hedge funds must be subject to real oversight. Ratings agencies, which Mr. Fillon said helped fuel the crisis, must adopt rules for dealing with conflicts of interest and offshore banking centers, which often allow clients to evade paying taxes in their home countries, need to be vigorously regulated.

Mr. Fillon also struck back at critics in the media and within the Obama administration who say Europe needs to spend more on government economic stimulus.

The French prime minister said the crisis was created by an excess of public debt and that it will not be solved by creating even more. He says European Union member states already have implemented large stimulus packages that account for more than three percent of Europe's gross domestic product.

Mr. Fillon expressed confidence in U.S. Treasury Secretary Timothy Geithner's newest initiative to help stabilize the banking system by providing guarantees and low-interest loans to investors willing to purchase toxic assets from banks.

Mr. Fillon said he prefers the idea of a public-private partnership to buy up the bad assets, and that this will prompt European countries to consider similar measures.

While in Washington, Mr. Fillon also met with Vice President Joe Biden and Lawrence Summers, the head of President Barack Obama's National Economic Council.  


 

EXODUS 22:1 New American Standard Bible (©1995)
"If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five oxen for the ox and four sheep for the sheep.

 

STEALING SHEEP ACCORDING TO JESUS
 

John 10

 1Then Jesus went on to say, `I tell you the truth. A person must get to the sheep through the door. Anyone who climbs over the wall to get in is a bad man and steals things. He has come to steal the sheep.

 2But the man who comes in through the door, he is the one who takes care of the sheep.

 3The guard will open the door for him. The sheep will listen to him. He calls his own sheep by their names and leads them out.

 4When all his own sheep are out of the house, he goes ahead of them. The sheep come behind him because they know his voice.

 5They will not go after a stranger. They will run away from him because they do not know the voice of strangers.'

 6Jesus told this story to the Pharisees, but they did not understand what he was trying to tell them.

 7So Jesus told them again. He said, `I tell you the truth. I am the door of the sheep house.

 8All those who came before me are bad people and steal things. They came to steal the sheep. But the sheep did not listen to them.

 9I am the door. Anyone who comes in through me will be saved. He will go in and out as he wants to, and will have food to eat.

 10The thief comes only to steal the sheep and to kill them and spoil them. I have come so that people may live and that they may enjoy life to the full.

 11`I am the good shepherd. I am the one who really cares for the sheep. The good shepherd is willing to die to save his sheep.

 12Some people work for pay. The one who does that is not the one who really cares. The sheep do not belong to him. When he sees a bad animal coming, he will leave the sheep and run away. He will let the animal take the sheep and make the sheep run away.

 13He does that because he is only working for pay and does not care what happens to the sheep.

 14`I am the good shepherd, the one who really cares for the sheep. I know my sheep and my sheep know me.

 15So my Father knows me and I know him. I am willing to die to save the sheep.

 16`I have some other sheep which are not with these sheep. I must bring them also. They will listen to my voice. Then all the sheep will be together and there will be one person who cares for all of them.

 17My Father loves me because I am willing to die. But when I die, I will live again.

 18No one kills me. I die only because I choose to die. I have power to die and I have power to live again. This is what my Father has told me to do.'

 19The Jews did not all say the same thing because of what Jesus said.

 20Many of them said, `A bad spirit is in him. He is crazy. Why do you listen to him?'

 21But others said, `A person who has a bad spirit in him does not say the things this man says. Can a bad spirit make blind people see?'

 22At that time there was a feast in Jerusalem at the temple. It was the cold time of the year.

 23Jesus was walking in that part of the temple called Solomon's resting place.

 24The Jews came around Jesus and said, `How long will you keep us wondering about this matter? If you are really the Christ, then tell us plainly.'

 25Then Jesus said, `I have already told you and you did not believe it. My Father has given me the power to do big works. These works tell you who I am.

 26And yet you do not believe because you are not my sheep. I told you this before.

 27My sheep listen to me. I know them. They come to me.

 28I give them life that lasts for ever. They will never die. No one will take them out of my hand.

 29My Father gave the sheep to me. He is greater than anyone else. No one is able to take them out of my Father's hand.

 30My Father and I are one.'

 31Then the leaders of the Jews picked up stones again to kill him.

 32So Jesus said to them, `I have done many good things that come from my Father. For which one of those are you going to kill me?'

 33Then the Jewish leaders answered him, `We do not kill you for doing any good thing. But you do not respect God. You are only a man, and yet you say you are God.'

 34Jesus answered them, `In your own books it is written that God said, "You are gods."

 36Nothing can change the words in the holy writings. It is written that God spoke to men and that he called them gods. So he called some men gods. Then why do you say I do not respect God when I say that I am the Son of God? I am the one God chose and sent into the world.

 37If I am not doing my Father's work, then do not believe me.

 38But if I am doing my Father's work, believe the work that I do, even though you do not believe me. Then you will know and you will believe that my Father is in me and I am in him.'

 39Because of what he said, they tried to catch Jesus again. But he got away from them.

 40He went away again to the other side of the Jordan River. He went to the place where John [the Baptizer] was when he first baptized people. Jesus stayed there for a while.

 41Many people came to him there. They said, `John himself did not do any big work. But everything that John said about this man is true.'

 42Many people believed on Jesus there.


REMEMBER THE BUTHERED - SKINNED ANIMALS IN ONE OF THE DREAMS? 

GovTrack.us

 
Congress > Legislation > 2009-2010 (111th Congress) > H.R. 875
Text of H.R. 875: Food Safety Modernization Act of 2009

This version: Introduced in House. This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration. The changed and latest versions of the Bill will be posted as updated on Thomas -  see link on the left.

HR 875 IH

111th CONGRESS

1st Session

H. R. 875

To establish the Food Safety Administration within the Department of Health and Human Services to protect the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 4, 2009

Ms. DELAURO (for herself, Ms. ESHOO, Ms. DEGETTE, Ms. SCHAKOWSKY, Mr. ENGEL, Ms. CASTOR of Florida, Mr. MURPHY of Connecticut, Ms. SUTTON, Mrs. LOWEY, Ms. SLAUGHTER, Mr. HINCHEY, Mr. MCGOVERN, Ms. WASSERMAN SCHULTZ, Ms. HIRONO, Mr. GRIJALVA, Mr. SCHAUER, Mr. NADLER of New York, Mr. BISHOP of New York, Ms. LINDA T. SANCHEZ of California, Mr. MCDERMOTT, Mr. RYAN of Ohio, Ms. GIFFORDS, Mr. FILNER, Mr. HALL of New York, Ms. LEE of California, Ms. PINGREE of Maine, Ms. KAPTUR, Mr. BISHOP of Georgia, Ms. MOORE of Wisconsin, and Mr. DEFAZIO) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To establish the Food Safety Administration within the Department of Health and Human Services to protect the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Food Safety Modernization Act of 2009’.

(b) Table of Contents- The table of contents of this Act is as follows:

SEC. 2. FINDINGS; PURPOSES.

(a) Findings- Congress finds that--

(1) the safety of the food supply of the United States is vital to the public health, to public confidence in the food supply, and to the success of the food sector of the Nation’s economy;

(2) lapses in the protection of the food supply and loss of public confidence in food safety are damaging to consumers and the food industry, and place a burden on interstate commerce and international trade;

(3) recent ongoing events demonstrate that the food safety program at the Food and Drug Administration is not effective in controlling hazards in food coming from farms and factories in the United States and food and food ingredients coming from foreign countries, and these events have adversely affected consumer confidence;

(4) the safety and security of the food supply require a systemwide approach to prevent food-borne illness involving the integrated efforts of Federal, State and local agencies; a thorough, broad-based, and coordinated approach to basic and applied science; and intensive, effective, and efficient management of the Nation’s food safety program;

(5) the task of preserving the safety of the food supply of the United States faces tremendous pressures with regard to--

(A) emerging pathogens and other contaminants and the ability to detect all forms of contamination;

(B) the threat of intentional contamination of the food supply;

(C) a growing number of people at high risk for food-borne illnesses, including an increasing population of aging and immune-compromised consumers, together with infants and children;

(D) an increasing volume of imported food, without adequate monitoring, inspection, and systems for prevention of food safety problems; and

(E) maintenance of rigorous inspection of the domestic food processing and food service industries;

(6) Federal food safety standard setting, inspection, enforcement, and research efforts should be based on the best available science and public health considerations, and food safety resources should be systematically deployed in ways that most effectively prevent food-borne illness;

(7) the Food and Drug Administration, an agency within the Department of Health and Human Services, has regulatory jurisdiction over the safety and labeling of 80 percent of the American food supply, encompassing all foods except meat, poultry, and egg products, as well as drugs, medical devices, and biologics;

(8) rapid technological advance and the expansion and globalization of industries in all areas of Food and Drug Administration jurisdiction present challenges and require leadership beyond the capacity of any one agency or agency head to provide;

(9) in the food safety area, the Food and Drug Administration implements provisions of the Federal Food, Drug, and Cosmetic Act that are 70 years old and that antiquated law limits the Food and Drug Administration’s role largely to reacting to and correcting food safety problems after they occur, rather than working with the food industry to systematically prevent problems;

(10) the Food and Drug Administration’s effectiveness is further impaired by fragmentation of leadership and management within the Administration, as major food safety responsibilities are dispersed across the Administration’s Center for Food Safety and Applied Nutrition, Center for Veterinary Medicine, and Office of Regulatory Affairs;

(11) there is no official with the full-time responsibility and budget authority for food safety at the Food and Drug Administration and food safety competes unsuccessfully with the drug and medical device programs for senior agency management attention and resources; and

(12) improving Federal oversight of food safety requires a modern food safety mandate, clear authorities, and a dedicated official within the Department of Health and Human Services with budget authority to manage an integrated organizational structure and report directly to the Secretary.

(b) Purposes- The purposes of this Act are--

(1) to establish an agency within the Department of Health and Human Services to be known as the ‘Food Safety Administration’ to--

(A) regulate food safety and labeling to strengthen the protection of the public health;

(B) ensure that food establishments fulfill their responsibility to process, store, hold, and transport food in a manner that protects the public health of all people in the United States;

(C) lead an integrated, systemwide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness;

(D) provide a single focal point within the Department of Health and Human Services for food safety leadership, both nationally and internationally; and

(E) provide an integrated food safety research capability, including internally generated, scientifically and statistically valid studies, in cooperation with academic institutions and other scientific entities of the Federal and State governments;

(2) to transfer to the Food Safety Administration the food safety, labeling, inspection, and enforcement functions that, as of the day before the date of the enactment of this Act, are performed by various components of the Food and Drug Administration and the National Oceanic and Atmospheric Administration;

(3) to modernize and strengthen the Federal food safety law to ensure more effective application and efficient management of the laws for the protection and improvement of public health; and

(4) to establish that food establishments have responsibility to ensure that all stages of production, processing, and distribution of their products or products under their control satisfy the requirements of this law.

SEC. 3. DEFINITIONS.

In this Act:

(1) ADMINISTRATION- The term ‘Administration’ means the Food Safety Administration established under section 101(a)(1).

(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of Food Safety appointed under section 101(a)(2).

(3) ADULTERATED-

(A) IN GENERAL- The term ‘adulterated’ has the meaning given that term in section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342).

(B) INCLUSION- The term ‘adulterated’ includes bearing or containing a contaminant that causes illness or death among sensitive populations.

(4) AGENCY- The term ‘agency’ has the meaning given that term in section 551 of title 5, United States Code.

(5) CATEGORY 1 FOOD ESTABLISHMENT- The term ‘category 1 food establishment’ means a food establishment (other than a seafood processing establishment) that slaughters, for the purpose of producing food, animals that are not subject to inspection under the Federal Meat Inspection Act or poultry that are not subject to inspection under the Poultry Products Inspection Act.

(6) CATEGORY 2 FOOD ESTABLISHMENT- The term ‘category 2 food establishment’ means a seafood processing establishment or other food establishment (other than a category 1 establishment) not subject to inspection under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act, that processes raw seafood or other raw animal products, whether fresh or frozen, or other products that the Administrator determines by regulation to pose a significant risk of hazardous contamination.

(7) CATEGORY 3 FOOD ESTABLISHMENT- The term ‘category 3 food establishment’ means a food establishment (other than a category 1 or category 2 establishment) that processes cooked, pasteurized, or otherwise ready-to-eat seafood or other animal products, fresh produce in ready-to-eat raw form, or other products that pose a risk of hazardous contamination.

(8) CATEGORY 4 FOOD ESTABLISHMENT- The term ‘category 4 food establishment’ means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7).

(9) CATEGORY 5 FOOD ESTABLISHMENT- The term ‘category 5 food establishment’ means a food establishment that stores, holds, or transports food products prior to delivery for retail sale.

(10) CONTAMINANT- The term ‘contaminant’ includes a bacterium, chemical, natural toxin or manufactured toxicant, virus, parasite, prion, physical hazard, or other human pathogen that when found on or in food can cause human illness, injury, or death.

(11) HAZARDOUS CONTAMINATION- The term ‘hazardous contamination’ refers to the presence of a contaminant in food at levels that pose a risk of human illness, injury, or death or are capable of reaching levels that pose such risk during the shelf life of the product.

(12) FOOD- The term ‘food’ means a product intended to be used for food or drink for a human or an animal and components thereof.

(13) FOOD ESTABLISHMENT-

(A) IN GENERAL- The term ‘food establishment’ means a slaughterhouse (except those regulated under the Federal Meat Inspection Act or the Poultry Products Inspection Act), factory, warehouse, or facility owned or operated by a person located in any State that processes food or a facility that holds, stores, or transports food or food ingredients.

(B) EXCLUSIONS- For the purposes of registration, the term ‘food establishment’ does not include a food production facility as defined in paragraph (14), restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3 of title 21, Code of Federal Regulations).

(14) FOOD PRODUCTION FACILITY- The term ‘food production facility’ means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.

(15) FOOD SAFETY LAW- The term ‘food safety law’ means--

(A) the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) related to and requiring the safety, quality, nutritional composition, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food;

(B) the provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 11 seq.) and of any other Acts that are administered by the Center for Veterinary Medicine of the Food and Drug Administration;

(C) the provisions of the Public Health Service Act that relate in any way to studying, surveying, containing, or preventing food-borne illness; and

(D) the provisions of this Act.

(16) FOREIGN FOOD ESTABLISHMENT- The term ‘foreign food establishment’ means any category 1 through 5 food establishment or food production facility located outside the United States that processes or produces food or food ingredients for consumption in the United States.

(17) INTERSTATE COMMERCE- The term ‘interstate commerce’ has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)).

(18) MISBRANDED- The term ‘misbranded’ has the meaning given that term in section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343).

(19) PROCESS- The term ‘process’ or ‘processing’ means the commercial slaughter, packing, preparation, or manufacture of food.

(20) STATE- The term ‘State’ means--

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico; and

(D) any other territory or possession of the United States.

TITLE I--ESTABLISHMENT OF THE FOOD SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF THE FOOD SAFETY ADMINISTRATION.

(a) Establishment-

(1) IN GENERAL- There is established in the Department of Health and Human Services an agency to be known as the ‘Food Safety Administration’.

(2) HEAD OF THE ADMINISTRATION- The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years, and who may be reappointed.

(3) DELEGATION- All the authorities and responsibilities assigned to the Secretary of Health and Human Services in the food safety law are hereby assigned to the Administrator.

(b) Duties of Administrator- The Administrator shall--

(1) administer and enforce the food safety law;

(2) serve as the food safety leader within the Department of Health and Human Services and coordinator of all Department activities related to ensuring the safety, quality, and proper labeling of the food supply;

(3) represent the United States in relevant international food safety bodies and discussions;

(4) promulgate regulations to ensure the safety and security of the food supply from all forms of contamination, including intentional contamination; and

(5) oversee within the Department of Health and Human Services--

(A) in consultation with the Director of the Centers for Disease Control and Prevention, all activities related to foodborne illness surveillance and investigation of foodborne illness outbreaks;

(B) implementation of food safety inspection, enforcement, and research efforts to protect the public health;

(C) development of consistent and science-based standards for safe food;

(D) coordination and prioritization of food safety research and education programs with other Federal agencies;

(E) prioritization of food safety efforts and deployment of food safety resources to achieve the greatest possible benefit in reducing food-borne illness;

(F) coordination of the response to food-borne illness outbreaks with other Federal and State agencies; and

(G) integration of food safety activities with State and local agencies.

SEC. 102. CONSOLIDATION OF FOOD SAFETY FUNCTIONS.

(a) Transfer of Functions and Resources- For each component of the Department of Health and Human Services or the Department of Commerce specified in subsection (b), there are transferred to the Administration all functions, personnel, and assets (including facilities and financial resources) of those components as of the day before the date of the enactment of this Act (including all related functions of any officer or employee of the component) that relate to administration or enforcement of the food safety law, as determined by the President.

(b) Transferred Functions and Resources- The components referred to in subsection (a) are--

(1) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration;

(2) the Center for Veterinary Medicine of the Food and Drug Administration;

(3) the National Center for Toxicological Research of the Food and Drug Administration;

(4) the personnel and assets of the Office of Regulatory Affairs of the Food and Drug Administration used to administer and conduct inspections of food establishments and imports and conduct laboratory analyses and other investigations relating to food safety and enforcement of the food safety law;

(5) the personnel and assets of the Office of the Commissioner of Food and Drugs used to support--

(A) the Center for Food Safety and Applied Nutrition;

(B) the Center for Veterinary Medicine;

(C) the National Center for Toxicological Research; and

(D) the personnel and assets of the Office of Regulatory Affairs described in paragraph (4); and

(6) the personnel and assets of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce used to administer the seafood inspection program.

(c) Renaming and Reservation of Agency Identity- The Food and Drug Administration in the Department of Health and Human Services is hereby renamed the Federal Drug and Device Administration and may be referred to as ‘FDA’.

(d) Sharing of Facilities and Resources- The Food Safety Administration and the Federal Drug and Device Administration shall enter into such agreements concerning the sharing of facilities and other resources as may be appropriate to make efficient use of such facilities and resources and achieve their respective missions.

SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION.

(a) Officers and Employees- The Administrator may--

(1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and

(2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates.

(b) Experts and Consultants- The Administrator may--

(1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and

(2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title.

(c) Bureaus, Offices, and Divisions- The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator.

(d) Advisory Committees-

(1) IN GENERAL- The Administrator shall establish advisory committees that consist of representatives of scientific expert bodies, academics, industry specialists, and consumers.

(2) DUTIES- The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of new processes, research, communications, performance standards, and inspection.

TITLE II--ADMINISTRATION OF FOOD SAFETY PROGRAM

SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM.

(a) In General- The Administrator shall--

(1) develop, administer, and annually update a national food safety program (referred to in this section as the ‘program’) to protect public health; and

(2) ensure that persons who produce, process, or distribute food meet their responsibility to prevent or minimize food safety hazards related to their products.

(b) Comprehensive Analysis- The program shall be based on a comprehensive analysis of the hazards associated with different food and with the processing of different food, including the identification and evaluation of--

(1) the severity of the potential health risks;

(2) the sources of potentially hazardous contamination or practices extending from the farm or ranch to the consumer that may increase the risk of food-borne illness;

(3) the potential for persistence, multiplication, or concentration of naturally occurring or added contaminants in food;

(4) the potential for hazardous contamination to have cumulative toxic effects, multigenerational effects, or effects on specific categories of consumers;

(5) opportunities across the food production, processing, distribution, and retail system to reduce potential health risks; and

(6) opportunities for intentional contamination of food or food ingredients.

(c) Program Elements- In carrying out the program, the Administrator shall--

(1) adopt and implement a national system for the registration of food establishments and foreign food establishments, as provided in section 202 of this Act;

(2) adopt and implement a national system for regular unannounced inspection of food establishments;

(3) require and enforce the adoption of preventive process controls in food establishments, based on the best available scientific and public health considerations and best available technologies;

(4) establish and enforce science-based standards for--

(A) potentially hazardous substances that may contaminate food; and

(B) safety and sanitation in the processing and handling of food;

(5) implement a statistically valid sampling program with the stringency and frequency to independently monitor that industry programs and procedures that prevent food contamination are effective on an ongoing basis and that food meets the standards established under this Act;

(6) implement appropriate surveillance procedures and requirements to ensure the safety and security of imported food;

(7) coordinate and collaborate with other agencies and State or local governments in carrying out inspection, enforcement, research, and monitoring;

(8) implement a national system to identify the food products posing the greatest public health risk and to analyze the effectiveness of existing food safety programs, in conjunction with the Centers for Disease Control and Prevention and other Federal agencies;

(9) develop public education, risk communication, and advisory programs;

(10) implement an applied research program to further the purposes of this Act;

(11) coordinate and prioritize food safety research and educational programs with other Federal agencies and with State and local governments; and

(12) provide technical assistance to farmers and food establishments that are small business concerns (meeting the requirements of section 3(a) of the Small Business Act and the regulations promulgated thereunder) to assist with compliance with the requirements of this Act.

SEC. 202. REGISTRATION OF FOOD ESTABLISHMENTS AND FOREIGN FOOD ESTABLISHMENTS.

(a) In General- Any food establishment or foreign food establishment engaged in manufacturing, processing, packing, or holding food for consumption in the United States shall register annually with the Administrator.

(b) Registration Requirements-

(1) IN GENERAL- To be registered under subsection (a), a food establishment shall submit a registration or reregistration to the Administrator.

(2) REGISTRATION- Registration under this section shall begin within 90 days of the enactment of this Act. Each such registration shall be submitted to the Secretary through an electronic portal and shall contain such information as the Secretary, by guidance, determines to be appropriate. Such registration shall contain the following information:

(A) The name, address, and emergency contact information of each domestic food establishment or foreign food establishment that the registrant owns or operates under this Act and all trade names under which the registrant conducts business in the United States relating to food.

(B) The primary purpose and business activity of each domestic food establishment or foreign food establishment, including the dates of operation if the domestic food establishment or foreign food establishment is seasonal.

(C) The types of food processed or sold at each domestic food establishment or, for foreign food establishments selling food for consumption in the United States, the specific food categories of that food as listed under section 170.3(n) of title 21, Code of Federal Regulations, or such other categories as the Administrator may designate in guidance, action level, or regulations for evaluating potential threats to food protection.

(D) The name, address, and 24-hour emergency contact information of the United States distribution agent for each domestic food establishment or foreign food establishment, who shall maintain information on the distribution of food, including lot information, and wholesaler and retailer distribution.

(E) An assurance that the registrant will notify the Administrator of any change in the products, function, or legal status of the domestic food establishment or foreign food establishment (including cessation of business activities) not later than 30 days after such change.

(3) PROCEDURE- Upon receipt of a completed registration described in paragraph (1), the Administrator shall notify the registrant of the receipt of the registration, designate each establishment as a category 1, 2, 3, 4, or 5 food establishment, and assign a registration number to each domestic food establishment and foreign food establishment.

(4) LIST- The Administrator shall annually compile a list of domestic food establishments and a list of foreign food establishments that are registered under this section. The Administrator may establish the manner of and any fees required for reregistration and any circumstances by which either such list may be shared with other governmental authorities. The Administrator may remove from either list the name of any establishment that fails to reregister, and such delisting shall be treated as a suspension.

(5) DISCLOSURE EXEMPTION- The disclosure requirements under section 552 of title 5, United States Code, shall not apply to--

(A) the list compiled under paragraph (4); and

(B) information derived from the list under paragraph (4), to the extent that it discloses the identity or location of a specific person.

(6) SUSPENSION OF REGISTRATION-

(A) IN GENERAL- The Administrator may suspend the registration of a domestic food establishment or foreign food establishment, including the facility of an importer, for violation of a food safety law that is either repeated or could result in serious adverse health consequences or death to humans or animals.

(B) NOTICE AND OPPORTUNITY FOR HEARING- The Administrator shall provide notice of an intent to suspend the registration of an establishment under this paragraph to a registrant and provide the registrant with an opportunity for an administrative hearing within 3 days. The Administrator may issue a written order of suspension following the hearing, if the Administrator finds that a violation described in subparagraph (A) has occurred.

(C) JUDICIAL REVIEW- The issuance of an order of suspension under subparagraph (B) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.

(7) REINSTATEMENT- A registration that is suspended under this section may be reinstated based on a showing that adequate process controls have been instituted that would prevent future violations and there are assurances from the registrant that the violations will not be repeated.

(c) Transitional Provision- During the 6-month period following the date of the enactment of this Act, a food establishment is deemed to be registered in accordance with this section if the establishment is registered under section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d).

(d) Repeal- Effective at the end of the 6-month period following the date of the enactment of this Act, section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d) is repealed.

SEC. 203. PREVENTIVE PROCESS CONTROLS TO REDUCE ADULTERATION OF FOOD.

(a) In General- The Administrator shall, upon the basis of best available public health, scientific, and technological data, promulgate regulations to ensure that food establishments carry out their responsibilities under the food safety law.

(b) Regulations- Not later than 1 year after the date of the enactment of this Act, the Administrator shall promulgate regulations that require all food establishments, within time frames determined by the Administrator--

(1) to adopt preventive process controls that--

(A) reflect the standards and procedures recognized by relevant authoritative bodies;

(B) are adequate to protect the public health;

(C) meet relevant regulatory and food safety standards;

(D) limit the presence and growth of contaminants in food prepared in a food establishment using the best reasonably available techniques and technologies; and

(E) are tailored to the hazards and processes in particular establishments or environments;

(2) to establish a sanitation plan and program that meets standards set by the Administrator;

(3) to meet performance standards for hazardous contamination established under section 204;

(4) to implement recordkeeping to monitor compliance with regulatory requirements;

(5) to implement recordkeeping and labeling of all food and food ingredients to facilitate their identification and traceability in the event of a recall or market removal;

(6) to implement product and environmental sampling at a frequency and in a manner sufficient to ensure that process controls are effective on an ongoing basis and that regulatory standards are being met;

(7) to label food intended for final processing outside commercial food establishments with instructions for handling and preparation for consumption that will destroy microbial contaminants; and

(8) to provide for agency access to records kept by the food establishments and submission of copies of records to the Administrator, as the Administrator determines appropriate.

(c) Specific Hazard Controls- The Administrator may require any person with responsibility for or control over food or food ingredients to adopt specific hazard controls, if such controls are needed to ensure the protection of the public health.

SEC. 204. PERFORMANCE STANDARDS FOR CONTAMINANTS IN FOOD.

(a) In General- To protect the public health, the Administrator shall establish by guidance document, action level, or regulation and enforce performance standards that define, with respect to specific foods and contaminants in food, the level of food safety performance that a person responsible for producing, processing, or selling food shall meet.

(b) Identification of Contaminants; Performance Standards-

(1) LIST OF CONTAMINANTS- Not later than 6 months after the date of the enactment of this Act, the Administrator shall publish in the Federal Register a list of the contaminants in foods that have the greatest adverse impact on public health in terms of the number and severity of illnesses and number of deaths associated with foods regulated under this Act. Where appropriate, the Administrator shall indicate whether the risk posed by a contaminant is generalized or specific to particular foods or ingredients.

(2) PERFORMANCE STANDARDS-

(A) ESTABLISHMENT- The Administrator shall establish by guidance document, action level, or regulation a performance standard for each contaminant in the list under paragraph (1) at levels appropriate to protect against the potential adverse health effects of the contaminant.

(B) TIMING- The Administrator shall establish a performance standard under subparagraph (A) for each contaminant in the list under paragraph (1)--

(i) as soon as practicable; or

(ii) in the case of a contaminant described in subparagraph (C), by the date described in such subparagraph.

(C) SIGNIFICANT CONTAMINANTS- The list under paragraph (1) (and any revision thereto) shall identify the 5 most significant contaminants in the list (in terms of the number and severity of illnesses and number of deaths associated with foods regulated under this Act). Not later than 3 years after a contaminant is so identified, the Administrator shall promulgate a performance standard under subparagraph (A) for the contaminant.

(3) REVIEW; REVISION- Not less than every 3 years, the Administrator shall review and, if necessary, revise--

(A) the list of contaminants under paragraph (1); and

(B) each performance standard established under paragraph (2).

(c) Performance Standards-

(1) IN GENERAL- The performance standards established under this section may include--

(A) health-based standards that set the level of a contaminant that can safely and lawfully be present in food;

(B) zero tolerances, including any zero tolerance performance standards in effect on the day before the date of the enactment of this Act, when necessary to protect against significant adverse health outcomes;

(C) process standards, such as log reduction criteria for cooked products, when sufficient to ensure the safety of processed food; and

(D) in the absence of data to support a performance standard described in subparagraph (A), (B), or (C), standards that define required performance on the basis of reliable information on the best reasonably achievable performance, using best available technologies, interventions, and practices.

(2) BEST REASONABLY ACHIEVABLE PERFORMANCE STANDARDS- In developing best reasonably achievable performance standards under paragraph (1)(D), the Administrator shall collect, or contract for the collection of, data on current best practices and food safety outcomes related to the contaminants and foods in question, as the Administrator determines necessary.

(3) REVOCATION BY ADMINISTRATOR- All performance standards, tolerances, action levels, or other similar standards in effect on the date of the enactment of this Act shall remain in effect until revised or revoked by the Administrator.

(d) Enforcement-

(1) IN GENERAL- In conjunction with the establishment of a performance standard under this section, the Administrator shall develop a statistically valid sampling program with the stringency and frequency sufficient to independently monitor whether food establishments are complying with the performance standard and implement the program within 1 year of the promulgation of the standard.

(2) INSPECTIONS- If the Administrator determines that a food establishment fails to meet a standard promulgated under this section, the Administrator shall, as appropriate--

(A) detain, seize, or condemn food from the food establishment under section 402;

(B) order a recall of food from the food establishment under section 403;

(C) increase the inspection frequency for the food establishment;

(D) withdraw the mark of inspection from the food establishment, if in use; or

(E) take other appropriate enforcement action concerning the food establishment, including withdrawal of registration.

(e) Newly Identified Contaminants- Notwithstanding any other provision of this section, the Administrator shall establish interim performance standards for newly identified contaminants as necessary to protect the public health.

SEC. 205. INSPECTIONS OF FOOD ESTABLISHMENTS.

(a) In General- The Administrator shall establish an inspection program, which shall include statistically valid sampling of food and facilities to enforce performance standards. The inspection program shall be designed to determine if each food establishment--

(1) is operated in a sanitary manner;

(2) has continuous preventive control systems, interventions, and processes in place to minimize or eliminate contaminants in food;

(3) is in compliance with applicable performance standards established under section 204, and other regulatory requirements;

(4) is processing food that is not adulterated or misbranded;

(5) maintains records of process control plans under section 203, and other records related to the processing, sampling, and handling of food; and

(6) is otherwise in compliance with the requirements of the food safety law.

(b) Establishment Categories and Inspection Frequencies- The resource plan required under section 209, including the description of resources required to carry out inspections of food establishments, shall be based on the following categories and inspection frequencies, subject to subsections (c), (d), and (e):

(1) CATEGORY 1 FOOD ESTABLISHMENTS- A category 1 food establishment shall be subject to antemortem, postmortem, and continuous inspection of each slaughter line during all operating hours, and other inspection on a daily basis, sufficient to verify that--

(A) diseased animals are not offered for slaughter;

(B) the food establishment has successfully identified and removed from the slaughter line visibly defective or contaminated carcasses, has avoided cross-contamination, and has destroyed or reprocessed such carcasses in a manner acceptable to the Administrator; and

(C) applicable performance standards and other provisions of the food safety law, including those intended to eliminate or reduce pathogens, have been satisfied.

(2) CATEGORY 2 FOOD ESTABLISHMENTS- A category 2 food establishment shall--

(A) have ongoing verification that its processes are controlled; and

(B) be randomly inspected at least weekly.

(3) CATEGORY 3 FOOD ESTABLISHMENTS- A category 3 food establishment shall--

(A) have ongoing verification that its processes are controlled; and

(B) be randomly inspected at least monthly.

(4) CATEGORY 4 FOOD ESTABLISHMENTS- A category 4 food establishment shall--

(A) have ongoing verification that its processes are controlled; and

(B) be randomly inspected at least quarterly.

(5) CATEGORY 5 FOOD ESTABLISHMENTS- A category 5 food establishment shall--

(A) have ongoing verification that its processes are controlled; and

(B) be randomly inspected at least annually.

(c) Establishment of Inspection Procedures- The Administrator shall establish procedures under which inspectors shall take random samples, photographs, and copies of records in food establishments.

(d) Alternative Inspection Frequencies- With respect to a subcategory of food establishment under category 2, 3, 4, or 5, the Administrator may establish alternative increasing or decreasing inspection frequencies for subcategories of food establishments or individual establishments, to foster risk-based allocation of resources. Before establishing an alternative inspection frequency for a subcategory of food establishments or individual establishments, the Administrator shall take into consideration the evidence described in paragraph (2)(D) and the overall record of compliance described in paragraph (2)(E) for such subcategory. In establishing alternative inspection frequencies under this subsection, the Administrator shall comply with the following criteria and procedures:

(1) Subcategories of food establishments and their alternative inspection frequencies shall be defined by regulation, subject to paragraphs (2) and (3).

(2) In defining subcategories of food establishments and their alternative inspection frequencies under paragraphs (1) and (2), the Administrator shall consider--

(A) the nature of the food products being processed, stored, or transported;

(B) the manner in which food products are processed, stored, or transported;

(C) the inherent likelihood that the products will contribute to the risk of food-borne illness;

(D) the best available evidence concerning reported illnesses associated with the foods processed, stored, held, or transported in the proposed subcategory of establishments; and

(E) the overall record of compliance with food safety law among establishments in the proposed subcategory, including compliance with applicable performance standards and the frequency of recalls.

(3) The Administrator may adopt alternative inspection frequencies for increased or decreased inspection for a specific establishment and shall annually publish a list of establishments subject to alternative inspections.

(4) In adopting alternative inspection frequencies for a specific establishment, the Administrator shall consider--

(A) the criteria in paragraph (2), together with any evidence submitted from the individual food establishment supporting a request for an alternative inspection frequency, including the establishment’s record for implementing effective preventive process control systems;

(B) whether products from the specific establishment have been associated with a case or an outbreak of food-borne illness; and

(C) the establishment’s record of compliance with food safety law, including compliance with applicable performance standards and the frequency of recalls.

(e) Effective Date- The inspection mandates shall go into effect 2 years after the date of the enactment of this Act.

(f) Maintenance and Inspection of Records-

(1) IN GENERAL-

(A) RECORDS- A food establishment shall--

(i) maintain such records as the Administrator shall require by regulation, including all records relating to the processing, distributing, receipt, or importation of any food; and

(ii) permit the Administrator, in addition to any authority transferred to the Administrator pursuant to section 102, upon presentation of appropriate credentials and at reasonable times and in a reasonable manner, to have access to and copy all records maintained by or on behalf of such food establishment representative in any format (including paper or electronic) and at any location, that are necessary to assist the Administrator--

(I) to determine whether the food is contaminated or not in compliance with the food safety law; or

(II) to track the food in commerce.

(B) REQUIRED DISCLOSURE- A food establishment shall have an affirmative obligation to disclose to the Administrator the results of testing or sampling of food, equipment, or material in contact with food, that is positive for any contaminant.

(2) MAINTENANCE OF RECORDS- The records in paragraph (1) shall be maintained for a reasonable period of time, as determined by the Administrator.

(3) REQUIREMENTS- The records in paragraph (1) shall include records describing--

(A) the origin, receipt, delivery, sale, movement, holding, and disposition of food or ingredients;

(B) the identity and quantity of ingredients used in the food;

(C) the processing of the food;

(D) the results of laboratory, sanitation, or other tests performed on the food or in the food establishment;

(E) consumer complaints concerning the food or packaging of the food;

(F) the production codes, open date codes, and locations of food production; and

(G) other matters reasonably related to whether food is adulterated or misbranded, or otherwise fails to meet the requirements of this Act.

(g) Protection of Sensitive Information-

(1) IN GENERAL- The Administrator shall develop and maintain procedures to prevent the unauthorized disclosure of any trade secret or commercially valuable confidential information obtained by the Administrator.

(2) LIMITATION- The requirements under this subsection and subsection (f) do not--

(A) limit the authority of the Administrator to inspect or copy records or to require the establishment or maintenance of records under this Act;

(B) have any legal effect on section 1905 of title 18, United States Code;

(C) extend to any food recipe, financial data, pricing data, or personnel data;

(D) limit the public disclosure of distribution records or other records related to food subject to a voluntary or mandatory recall under section 403; or

(E) limit the authority of the Administrator to promulgate regulations to permit the sharing of data with other governmental authorities.

(h) Bribery of or Gifts to Inspector or Other Officers and Acceptance of Gifts- Any person or agent or employee thereof that gives, pays, or offers, directly or indirectly, to the Administrator or any employee or other designee thereof authorized to perform any duty under the food safety law any money or other thing of value, with intent to influence the discharge of any duty under such law, shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both. Any Administrator, employee, or other designee that solicits or accepts any money or other thing of value from any person, with intent to influence the discharge of any duty under the food safety law, shall be summarily discharged from office and imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

SEC. 206. FOOD PRODUCTION FACILITIES.

(a) Authorities- In carrying out the duties of the Administrator and the purposes of this Act, the Administrator shall have the authority, with respect to food production facilities, to--

(1) visit and inspect food production facilities in the United States and in foreign countries to determine if they are operating in compliance with the requirements of the food safety law;

(2) review food safety records as required to be kept by the Administrator under section 210 and for other food safety purposes;

(3) set good practice standards to protect the public and animal health and promote food safety;

(4) conduct monitoring and surveillance of animals, plants, products, or the environment, as appropriate; and

(5) collect and maintain information relevant to public health and farm practices.

(b) Inspection of Records- A food production facility shall permit the Administrator upon presentation of appropriate credentials and at reasonable times and in a reasonable manner, to have access to and ability to copy all records maintained by or on behalf of such food production establishment in any format (including paper or electronic) and at any location, that are necessary to assist the Administrator--

(1) to determine whether the food is contaminated, adulterated, or otherwise not in compliance with the food safety law; or

(2) to track the food in commerce.

(c) Regulations- Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and representatives of State departments of agriculture, shall promulgate regulations to establish science-based minimum standards for the safe production of food by food production facilities. Such regulations shall--

(1) consider all relevant hazards, including those occurring naturally, and those that may be unintentionally or intentionally introduced;

(2) require each food production facility to have a written food safety plan that describes the likely hazards and preventive controls implemented to address those hazards;

(3) include, with respect to growing, harvesting, sorting, and storage operations, minimum standards related to fertilizer use, nutrients, hygiene, packaging, temperature controls, animal encroachment, and water;

(4) include, with respect to animals raised for food, minimum standards related to the animal’s health, feed, and environment which bear on the safety of food for human consumption;

(5) provide a reasonable period of time for compliance, taking into account the needs of small businesses for additional time to comply;

(6) provide for coordination of education and enforcement activities by State and local officials, as designated by the Governors of the respective States; and

(7) include a description of the variance process under subsection (d) and the types of permissible variances which the Administrator may grant under such process.

(d) Variances- States and foreign countries that export produce intended for consumption in the United States may request from the Administrator variances from the requirements of the regulations under subsection (c). A request shall--

(1) be in writing;

(2) describe the reasons the variance is necessary;

(3) describe the procedures, processes, and practices that will be followed under the variance to ensure produce is not adulterated; and

(4) contain any other information required by the Administrator.

(e) Approval or Disapproval of Variances- If the Administrator determines after review of a request under subsection (d) that the requested variance provides equivalent protections to those promulgated under subsection (c), the Administrator may approve the request. The Administrator shall deny a request if it is--

(1) not sufficiently detailed to permit a determination;

(2) fails to cite sufficient grounds for allowing a variance; or

(3) does not provide reasonable assurances that the produce will not be adulterated.

(f) Enforcement- The Administrator may coordinate with the agency or department designated by the Governor of each State to perform activities to ensure compliance with this section.

(g) Imported Produce- Not later than 1 year after the date of the enactment of this Act, the Administrator shall promulgate regulations to ensure that raw agricultural commodities and minimally processed produce imported into the United States can meet standards for food safety, inspection, labeling, and consumer protection that are at least equal to standards applicable to such commodities and produce produced in the United States.

SEC. 207. FEDERAL AND STATE COOPERATION.

(a) In General-

(1) AUTHORITY- The Administrator shall strengthen and expand food-borne illness surveillance systems to--

(A) inform and evaluate efforts to prevent food-borne illness; and

(B) enhance the identification and investigation of, and response to, food-borne illness outbreaks.

(2) FOOD-BORNE ILLNESS OUTBREAK- For purposes of this section, the term ‘foodborne illness outbreak’ means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food.

(b) Food-Borne Illness Surveillance Systems- The Administrator, in collaboration with the Centers for Disease Control and Prevention, shall enhance food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses by--

(1) coordinating food-borne illness surveillance systems, including complaint systems, in order to--

(A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and

(B) facilitate sharing of data acquisition and findings on a more timely basis among governmental agencies, including the Food Safety Administration, the Food Safety and Inspection Service, and State and local agencies, and with the public;

(2) augmenting such systems to improve attribution of a food-borne illness outbreak to a specific food;

(3) developing improved epidemiological tools for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters, and improved tracebacks to rapidly and specifically identify contaminated food products;

(4) expanding capacity of such systems for implementation of fingerprinting strategies for food-borne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of food-borne illness;

(5) allowing timely public access to de-identified, aggregate surveillance data;

(6) at least annually, publishing current reports on findings from such systems;

(7) exploring establishment of registries for long-term case follow-up to better characterize late complications of food-borne illness;

(8) increasing participation in national networks of public health and food regulatory agencies and laboratories to--

(A) allow public health officials at the Federal, State, and local levels to share and accept laboratory analytic findings; and

(B) identify food-borne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ‘fingerprints’) of food-borne illness pathogens to a centralized database; and

(9) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines.

(c) Improving State Surveillance Capacity- The Administrator, in collaboration with the Director of the Centers for Disease Control and Prevention, shall improve capacity for surveillance in the States by--

(1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors;

(2) identifying, disseminating, and supporting implementation of model practices at the State and local level for--

(A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing;

(B) conducting rapid and more standardized interviewing of cases associated with major enteric pathogens, including prior to designation of clusters as food-borne illness outbreaks;

(C) conducting and evaluating rapid and standardized interviews of healthy control persons;

(D) sharing information on a timely basis--

(i) within public health and food regulatory agencies;

(ii) among such agencies;

(iii) with the food industry;

(iv) with healthcare providers; and

(v) with the public;

(3) developing, regularly updating, and disseminating training curricula on food-borne illness surveillance investigations, including standard sampling methods and laboratory procedures;

(4) integrating new molecular diagnostic tools for parasites into web-based consultation services for parasitic infections to accelerate the identification of these food-borne infectious agents;

(5) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses;

(6) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency-testing tools for such laboratories;

(7) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity;

(8) providing technical assistance, which may include the detailing of officers and employees of the Administrator, to State and local public health and food regulatory agencies;

(9) partnering with the Food Safety Administration to increase communication, coordination, and integration of food-borne illness surveillance and outbreak investigation activities; and

(10) developing and periodically updating response and interview procedures so that such procedures are standardized and tested.

(d) Program Activities- The Administrator shall carry out activities to support core food safety functions of State and local public health laboratories, including--

(1) establishing fellowships, stipends, and scholarships to address critical workforce shortages;

(2) training and coordination of State and local personnel;

(3) establishing partnerships between private and public laboratories to facilitate sharing of positive enteric specimens and improve surge capacity;

(4) strengthening capacity to participate in existing or new food-borne illness surveillance systems; and

(5) purchasing and maintaining data systems hardware and software and laboratory equipment.

(e) Plan To Improve Food Safety Capacity at the State and Local Level-

(1) GOALS- The Administrator shall leverage and enhance the food safety capacity and roles of State and local agencies and integrate State and local agencies as fully as possible into national food safety efforts, in order to achieve the following goals:

(A) Improve food-borne illness outbreak response and containment.

(B) Improve the contribution of food-borne illness surveillance and investigation to the prevention of food-borne illness.

(C) Strengthen oversight of food safety at the retail level.

(D) Strengthen the capacity of State and local agencies to carry out inspections and enforce safety standards in food processing establishments, as part of a national strategy and plan to provide an adequate level of inspection and achieve compliance with safety standards in such establishments.

(E) Make more effective use of the Nation’s combined food safety resources to reduce the burden of food-borne illness.

(2) SURVEY- In preparation for development of the plan required by paragraph (3), the Administrator shall, not later than 1 year after the date of enactment of this part, complete a survey of State and local capacities, and needs for enhancement, with respect to--

(A) staffing levels and expertise available to perform food safety functions;

(B) laboratory capacity to support surveillance, outbreak response, inspection, and enforcement activities;

(C) information systems to support data management and sharing of food safety information among State and local agencies and with counterparts at the Federal level;

(D) legal authorities of State and local agencies to support the roles of such agencies in a national food safety system; and

(E) organizational arrangements for managing and coordinating food safety activities.

(3) PLAN- Taking into account the goals established in paragraph (1), results from the survey required in paragraph (2), and consultations with State and local agencies and other food safety stakeholders, the Administrator shall, not later than 2 years after the date of enactment of this part, develop, publish, and begin implementation of a plan that includes the following elements:

(A) Criteria for assessing the adequacy of State and local capacity to perform food safety functions as part of a national food safety system.

(B) Priorities for enhancing the capacity of State and local agencies.

(C) Action plans for meeting the highest priority capacity needs, including budget requirements and financing plans that take into account Federal, State, and local resources.

(D) Improved coordination and information flow among Federal, State, and local agencies to strengthen food-borne illness surveillance, outbreak response, and investigation and to ensure that agencies at all levels have the information on origins and causes of food-borne illness that such agencies need to plan preventive measures.

(E) Integration of the inspection and compliance programs in food processing establishments of the Food Safety Administration and State and local agencies, including--

(i) joint planning and priority setting to ensure that the collective effort has the greatest possible impact on achieving compliance with food safety standards and reducing food-borne illness;

(ii) elimination of barriers to the free flow of information among the Food Safety Administration and State and local agencies with respect to inspection and compliance programs and integration of State and Federal inspection and laboratory data systems;

(iii) steps to expand, and ensure the vigor and consistency of, State inspection of processing establishments under contract to the Food Safety Administration; and

(iv) reliance by the Food Safety Administration on State inspection and food sample analyses in Federal enforcement activities.

(4) FOOD SAFETY CAPACITY BUILDING GRANTS- The Administrator shall make grants to State and local agencies to enhance State and local food safety capacity and programs and support achievement of the goals established in paragraph (1). In awarding such grants, the Administrator shall take into account the criteria and priorities established by the Administrator under paragraph (3).

(5) REPORT TO CONGRESS- Not later than 1 year after the date of enactment of this part, and on an annual basis thereafter, the Administrator shall submit to Congress a report that describes--

(A) progress made in implementing this section, including any obstacles to such implementation; and

(B) any legislative recommendations or additional resources needed for full implementation.

(f) Service Agreements-

(1) IN GENERAL- The Administrator may, under agreements entered into with Federal, State, or local agencies, use on a reimbursable basis or otherwise the qualified personnel and services of those agencies in carrying out this Act.

(2) TRAINING- Agreements with a State under this subsection shall provide for training of State employees.

(3) MAINTENANCE OF AGREEMENTS- The Administrator shall maintain any agreement described in paragraph (1) that is in effect on the day before the date of the enactment of this Act until the Administrator evaluates such agreement and determines whether to maintain or substitute such agreement.

(4) COMMISSIONING- Where necessary and appropriate to fulfill the provisions of this Act or other food safety law, the Administrator shall, as part of any service agreement, commission qualified State and local regulatory officials and inspectors to assist the Administrator in carrying out the food safety law and accord such commissioned officials and inspectors access to information in possession of the Administrator as if they were Federal employees.

SEC. 208. IMPORTS.

(a) In General- All imported food under this Act shall meet requirements for food safety, inspection, labeling, and consumer protection that are at least equal to those applicable to food grown, manufactured, processed, packed, or held for consumption in the United States.

(b) Certification System- Not later than 2 years after the date of the enactment of this Act, the Administrator shall establish a system under which food products offered for importation into the United States shall be certified by the accredited foreign government in the country of export or by an accredited certifying agent meeting all applicable standards under this section.

(1) Category 1, 2, and 3 food establishments shall secure certification of products from the accredited foreign government in the country where the products are produced and must enter the United States through ports designated by the Administrator.

(2) Category 4 and 5 food establishments shall be certified either by--

(A) the accredited foreign government in the country where the products are produced; or

(B) a certifying agent that has been accredited under subsection (c).

(3) Beginning not later than 5 years after the date of the enactment of this Act, food from category 4 and 5 food establishments that is not certified by an accredited entity described in subsection (c) shall not enter the United States except through ports of entry that are located in a metropolitan area with an accredited food testing laboratory.

(c) Certification Standard-

(1) IN GENERAL- A foreign government or third party agent requesting accreditation to certify food for entry into the United States shall demonstrate, in a manner determined appropriate by the Administrator, that food produced under the supervision of the foreign government or third party agent, respectively, can meet standards for food safety, inspection, labeling, and consumer protection that are at least equal to standards applicable to food produced in the United States.

(2) REQUEST BY FOREIGN GOVERNMENT- Prior to accrediting a foreign government, the Administrator shall--

(A) review and audit the food safety program of the requesting foreign government (including all statutes, regulations, and inspection authority); and

(B) determine that the exporting country--

(i) administers a food control program that requires food exporters to implement hazard control measures for physical, chemical, and biological contaminants;

(ii) ensures sanitary operations of facilities;

(iii) utilizes testing and verification programs; and

(iv) administers an effective enforcement program.

(3) REQUEST BY A CERTIFYING AGENT- Prior to accrediting a certifying agent, the Administrator shall--

(A) review the training and qualifications of auditors and other employees used by the agent;

(B) ensure that any such auditors have completed such training as may be required by the Administrator for the conduct of food safety inspections; and

(C) conduct reviews of internal systems and such other investigation as the Administrator deems necessary to determine that the certifying agent is capable of auditing food establishments--

(i) to assess the adequacy of systems and standards in use; and

(ii) to ensure that food approved by the agent for import to the United States meets the requirements of this Act.

(4) CERTIFICATION TO ACCOMPANY EACH SHIPMENT- As a condition of accrediting any foreign government or certifying agent, such government or agent shall agree to issue a written and electronic certification to accompany each shipment intended for import to the United States from any food establishment which the government or agent certifies, subject to requirements set forth by the Administrator.

(d) Audits; Inspections- Following any accreditation under subsection (c), the Administrator may at any time--

(1) conduct an on-site audit of any food establishment registered under section 202, with or without the certifying agent; or

(2) require a certifying agent to submit an onsite audit report and any other reports or documents which the agent requires as part of the audit process, including documentation that the food establishment is in compliance with registration requirements and prior notice requirements for food imported to the United States.

(e) Limitation- A foreign government or other certifying agent accredited by the Administrator to certify food for import to the United States under this section may certify only the food products or food categories for importation to the United States that are specified in the grant of accreditation.

(f) Withdrawal of Accreditation- The Administrator may withdraw accreditation from a foreign government or certifying agent--

(1) if food approved by the foreign government or certifying agent is linked to an outbreak of human illness;

(2) following an investigation and finding by the Administrator that the programs of the foreign government, or a foreign food establishment certified by the certifying agent, are no longer equal to those applied to food grown, manufactured, processed, packed, or held in the United States; or

(3) following a refusal to allow United States officials to conduct such audits and investigations as may be necessary to ensure continued compliance with the requirements of this section.

(g) Renewal of Accreditation- The Administrator shall audit foreign governments and certifying agents whenever needed, but no less than once every 3 years, to ensure the continued compliance with the requirements set forth in this section. Renewal of accreditation shall occur following each satisfactory audit.

(h) Required Routine Inspection- The Administrator shall routinely inspect food before or at entry into the United States to ensure ongoing compliance with food safety law and where appropriate, as part of the audit of any certifying entity.

(i) Enforcement- The Administrator may--

(1) deny importation of food from any foreign country if the government of such country does not permit United States officials to enter the foreign country to conduct such audits and inspections as may be necessary to fulfill requirements under this section;

(2) deny importation of food from any foreign country or foreign food establishment that does not consent to a timely investigation by the Administration when food from that foreign country or foreign food establishment is linked to a food-borne illness outbreak or is otherwise found to be adulterated or misbranded;

(3) promulgate regulations to carry out the purposes of this section, including setting terms and conditions for the destruction of products that fail to meet the requirements of this Act; and

(4) establish such fees as are necessary to carry out the implementation of the accreditation and inspection programs required under this section.

(j) Detention and Seizure- Any food imported for consumption in the United States may be detained, seized, or condemned pursuant to section 402 or recalled pursuant to section 403.

(k) Certifying Agents- Entities eligible for accreditation as a certifying agent under subsection (c) may include--

(1) a State or regional food authority; or

(2) a foreign or domestic cooperative that aggregates the products of growers or processors for importation.

(l) Avoiding Conflicts of Interest With Certifying Agents-

(1) IN GENERAL- To be eligible for accreditation under subsection (c), a certifying agent shall--

(A) not be owned, managed, or controlled by any person that owns or operates an establishment whose products are to be certified by such agent;

(B) have procedures to ensure against the use, in carrying out audits of food establishments under this section, of any officer or employee of such agent that has a financial conflict of interest regarding an establishment whose products are to be certified by such agent; and

(C) annually make available to the Secretary, disclosures of the extent to which such agent, and the officers and employees of such agent, have maintained compliance with subparagraphs (A) and (B) relating to financial conflicts of interest.

(2) REGULATIONS- The Secretary shall promulgate regulations not later than 18 months after the date of the enactment of this Act to ensure that there are protections against conflicts of interest between a certifying agent and the establishments whose products are to be certified by such agent. Such regulations shall include--

(A) requiring that domestic audits performed under this section be unannounced;

(B) a structure, including timing and public disclosure, for fees paid by food establishments to certifying agents to decrease the potential for conflicts of interest; and

(C) appropriate limits on financial affiliations between a certifying agent and any person that owns or operates an establishment whose products are to be certified by such agent.

SEC. 209. RESOURCE PLAN.

(a) In General- The Administrator shall prepare and update annually a resource plan describing the resources required, in the best professional judgment of the Administrator, to develop and fully implement the national food safety program established under this Act.

(b) Contents of Plan- The resource plan shall--

(1) describe quantitatively the personnel, financial, and other resources required to carry out the inspection of food establishments under section 205 and other requirements of this Act;

(2) allocate inspection resources in a manner reflecting the distribution of risk and opportunities to reduce risk across the food supply to the extent feasible based on the best available information, and subject to section 205; and

(3) describe the personnel, facilities, equipment, and other resources needed to carry out inspection and other oversight activities, at a total resource level equal to at least 50 percent of the resources required to carry out inspections in food establishments under section 205 and food production facilities under section 206--

(A) in foreign establishments and production facilities; and

(B) at the point of importation.

(c) Grants- The resource plan shall include recommendations for funding to provide grants to States and local governments to carry out food safety activities and inspections of food establishments and food production facilities and include resources to audit such programs.

(d) Submission of Plan- The Administrator shall submit annually to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and other relevant committees of Congress, the resource plan required under this section.

SEC. 210. TRACEBACK REQUIREMENTS.

(a) In General- The Administrator, in order to protect the public health, shall establish a national traceability system that enables the Administrator to retrieve the history, use, and location of an article of food through all stages of its production, processing, and distribution.

(b) Applicability- Traceability requirements under this section shall apply to food from food production facilities, food establishments, and foreign food establishments.

(c) Requirements-

(1) STANDARDS- The Administrator shall establish standards for the type of information, format, and timeframe for food production facilities and food establishments to submit records to aid the Administrator in effectively retrieving the history, use, and location of an item of food.

(2) RULE OF CONSTRUCTION- Nothing in this section shall be construed as requiring the Administrator to prescribe a specific technology for the maintenance of records or labeling of food to carry out the requirements of this section.

(3) AVAILABILITY OF RECORDS FOR INSPECTION- Any records that are required by the Administrator under this section shall be available for inspection by the Administrator upon oral or written request.

(4) DEMONSTRATION OF ABILITY- The Administrator, during any inspection, may require a food establishment to demonstrate its ability to trace an item of food and submit the information in the format and timeframe required under paragraph (1).

(d) Relationship to Other Requirements-

(1) CONSISTENCY WITH EXISTING STATUTES AND REGULATIONS- To the extent possible, the Administrator should establish the national traceability system under this section to be consistent with existing statutes and regulations that require recordkeeping or labeling for identifying the origin or history of food or food animals.

(2) EXISTING LAWS- For purposes of this subsection, the Administrator should review the following:

(A) Country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).

(B) The Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a-t).

(C) Country of origin labeling requirements of section 304 of the Tariff Act of 1930 (19 U.S.C. 1340).

(D) The National Animal Identification System as authorized by the Animal Health Protection Act of 2002 (7 U.S.C. 8301 et seq.).

(3) CERTAIN REQUIREMENTS- Nothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).

SEC. 211. ACCREDITED LABORATORIES.

(a) Establishment of Program- The Administrator shall establish a program for accrediting laboratories to perform sampling and testing for purposes of this Act. Such program shall include--

(1) standards for appropriate sampling and analytical procedures;

(2) training and experience qualification levels for individuals who conduct sampling and analysis;

(3) annual onsite visits to audit the performance of an accredited laboratory; and

(4) such additional requirements as the Administrator determines to be appropriate.

(b) Requirements- To be accredited under this section, a laboratory shall--

(1) prepare and submit an application for accreditation to the Administrator;

(2) meet required tests and standards established by the Administrator; and

(3) comply with such terms and conditions as are determined necessary by the Administrator.

(c) Accrediting Bodies- The Administrator may approve State agencies or private, nonprofit entities as accrediting bodies to act on behalf of the Administrator in accrediting laboratories under this section. The Administrator shall--

(1) in making such approvals--

(A) oversee and review the performance of any accrediting body acting on behalf of the Administrator to ensure that such accrediting body is in compliance with the requirements of this section; and

(B) have the right to obtain from an accrediting body acting on behalf of the Administrator and from any laboratory that may be certified by such a body all records and materials that may be necessary for the oversight and review required by subparagraph (A);

(2) reevaluate accreditation bodies approved under paragraph (1) whenever--

(A) the Administrator determines a laboratory accredited by the accrediting body is no longer in compliance with this section;

(B) the Administrator determines the accrediting body is no longer in compliance with the requirements of this section; or

(C) no less than once every 5 years; and

(3) promptly revoke the approval of any accreditation body found not to be in compliance with the requirements of this section.

(d) Revocation of Accreditation- The Administrator shall revoke the accreditation of any laboratory that fails to meet the requirements this section.

TITLE III--RESEARCH AND EDUCATION

SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM.

(a) In General- The Administrator, acting in coordination with the Director of the Centers for Disease Control and Prevention and with food safety and research programs of the Department of Agriculture, shall--

(1) identify on an ongoing basis the priorities for collection of epidemiological data and for other food safety research and data collection that are most important to implementing the food safety law and reducing the public health burden of food-borne illness;

(2) have full access for purposes of implementing the food safety law to the applicable data and data systems of the Centers for Disease Control and Prevention, including data made available to the Centers by a State;

(3) provide appropriate support and input on the design and implementation by the Centers for Disease Control and Prevention and the States of an active surveillance system that provides information on the incidence and causes of food-borne illness which is timely, detailed, and representative of the population of the United States;

(4) based on data and information obtained from the Centers for Disease Control and Prevention, the States, and other sources, assess the incidence, distribution, public health impact, and causes of human illness in the United States associated with the consumption of food, and conduct research and analysis to devise effective and feasible interventions to reduce food-borne illness;

(5) maintain a state-of-the-art DNA matching system and epidemiological system dedicated to food-borne illness identification, outbreaks, and containment; and

(6) utilize surveillance data created by means of monitoring and statistical studies conducted as part of its own inspection.

(b) Public Health Sampling-

(1) IN GENERAL- Not later than 1 year after the enactment of this Act, the Administrator shall establish guidelines for a sampling system under which the Administrator shall take and analyze samples of food--

(A) to assist the Administrator in carrying out this Act; and

(B) to assess the nature, frequency of occurrence, and quantities of contaminants in food.

(2) REQUIREMENTS- The sampling system described in paragraph (1) shall provide--

(A) statistically valid monitoring, including market-based studies, on the nature, frequency of occurrence, and quantities of contaminants in food available to consumers; and

(B) at the request of the Administrator, such other information, including analysis of monitoring and verification samples, as the Administrator determines may be useful in assessing the occurrence of contaminants in food.

(c) Assessment of Health Hazards-

(1) IN GENERAL- Through the surveillance system and analyses referred to in subsection (a) and the sampling system described in subsection (b), the Administrator shall--

(A) rank food categories based on the hazard to human health presented by the food category and specific chemical and microbiological hazards associated with foods in those categories;

(B) identify appropriate industry and regulatory approaches to minimize hazards in the food supply; and

(C) assess the conditions affecting the likelihood that emerging pathogens and diseases, including zoonosis, will affect the safety of the food supply and possible strategies for minimizing the potential risk to public health associated with emerging pathogens and diseases.

(2) COMPONENTS OF ANALYSIS- The analysis under subsection (b)(1) may include--

(A) a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially;

(B) a comparison of the safety of food that is domestically processed with the health hazards associated with food that is processed outside the United States;

(C) a description of contamination originating from handling practices that occur prior to or after the sale of food to consumers; and

(D) use of comparative risk assessments.

SEC. 302. PUBLIC EDUCATION AND ADVISORY SYSTEM.

(a) Public Education-

(1) IN GENERAL- The Administrator, in cooperation with private and public organizations, including the cooperative extension services and building on the efforts of appropriate State and local entities, shall establish a national public education program on food safety.

(2) REQUIREMENTS- The program shall provide--

(A) information to the public regarding Federal standards and best practices, and promotion of public awareness and understanding of those standards and practices;

(B) information for health professionals--

(i) to improve diagnosis and treatment of food-related illness; and

(ii) to advise individuals at special risk for food-related illnesses; and

(C) such other information or advice, including on safe food handling practices, to consumers and other persons as the Administrator determines will promote the purposes of this Act.

(b) Health Advisories- The Administrator, in consultation with other Federal departments and agencies as the Administrator determines necessary, shall work with the States and other appropriate entities--

(1) to develop and distribute regional and national advisories concerning food safety;

(2) to develop standardized formats for written and broadcast advisories;

(3) to incorporate State and local advisories into the national public education program established under subsection (a); and

(4) to present prompt, specific information regarding food found to pose a threat to the public health, including by identifying the retailers and food establishments where such food has been sold.

SEC. 303. RESEARCH.

(a) In General- The Administrator shall conduct research to carry out this Act, including studies to--

(1) improve sanitation and food safety practices in the processing of food;

(2) develop improved techniques to monitor and inspect food;

(3) develop efficient, rapid, and sensitive methods to detect contaminants in food;

(4) determine the sources of contamination of contaminated food;

(5) develop food consumption data;

(6) identify ways that animal production techniques could improve the safety of the food supply;

(7) draw upon research and educational programs that exist at the State and local level;

(8) utilize the DNA matching system and other processes to identify and control pathogens;

(9) address common and emerging zoonotic diseases;

(10) develop methods to reduce or destroy harmful pathogens before, during, and after processing;

(11) analyze the incidence of antibiotic resistence as it pertains to the food supply and develop new methods to reduce the transfer of antibiotic resistance to humans; and

(12) conduct other research that supports the purposes of this Act.

(b) Contract Authority- The Administrator may enter into contracts and agreements with any State, university, Federal Government agency, or person to carry out this section.

SEC. 304. WORKING GROUP ON IMPROVING FOODBORNE ILLNESS SURVEILLANCE.

Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia. Such working group shall provide the Administrator, through at least annual meetings of the working group and an annual public report, advice and recommendations on an ongoing and regular basis regarding the improvement of food-borne illness surveillance, including advice and recommendations on--

(1) the priority needs of regulatory agencies, the food industry, and consumers for information and analysis on food-borne illness and its causes that can be used to prevent food-borne illness;

(2) opportunities to improve the effectiveness of initiatives at the Federal, State, and local levels, including coordination and integration of activities among Federal agencies, and between the Federal, State, and local levels of government;

(3) improvement in the timeliness and depth of access by regulatory and health agencies, the food industry, academic researchers, and consumers to food-borne illness surveillance data collected by government agencies at all levels, including data compiled by the Centers for Disease Control and Prevention;

(4) key barriers to improvement in food-borne illness surveillance and its utility for preventing food-borne illness at Federal, State, and local levels; and

(5) specific actions to reduce barriers to such improvement, implement the working group’s recommendations, with measurable objectives and timelines, and identification of resource and staffing needs.

SEC. 305. CAREER-SPANNING TRAINING FOR FOOD INSPECTORS.

(a) In General- The Administrator shall make a grant to an entity described in subsection (c) to provide training to Federal, State, and local food inspectors.

(b) Use of Funds- The Administrator may make a grant under this section to an applicant only if the applicant agrees to use the grant to provide regular, standardized, graduated, career-spanning training, based on a curriculum developed by the Association of Food and Drug Officials, to Federal, State, and local food inspectors.

(c) Eligible Entity- An entity described in this subsection is an entity that--

(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3));

(2) has the capability to train not less than 1,000 food inspectors per year; and

(3) offers both on-site and off-site training for food inspectors.

SEC. 306. FOOD-BORNE ILLNESS HEALTH REGISTRY.

(a) Purpose- The purpose of the registry under subsection (b) is to stimulate research on the trends, sources, health outcomes, and preventive strategies related to food-borne disease.

(b) Registry- For the purpose described in subsection (a), the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and maintain a registry, to be known as the Food-Borne Illness Health Registry, consisting of data on the trends, sources, health outcomes, and preventive strategies related to food-borne disease.

SEC. 307. STUDY ON FEDERAL RESOURCES.

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on the Federal resources being dedicated to food-borne illness and food safety research and submit a report on the results of such study to the Congress.

TITLE IV--ENFORCEMENT

SEC. 401. PROHIBITED ACTS.

It is prohibited--

(1) to manufacture, introduce, deliver for introduction, or receive in interstate commerce any food that is adulterated, misbranded, or otherwise unsafe;

(2) to adulterate or misbrand any food in interstate commerce;

(3) for a food establishment or foreign food establishment to fail to register under section 202, or to operate without a valid registration;

(4) to refuse to permit access to a food establishment or food production facility for the inspection and copying of a record as required under sections 205(f) and 206(a);

(5) to fail to establish or maintain any record or to make any report as required under sections 205(f) and 206(b);

(6) to refuse to permit entry to or inspection of a food establishment as required under section 205;

(7) to fail to provide to the Administrator the results of testing or sampling of food, equipment, or material in contact with food, that is positive for any contaminant under section 205(f)(1)(B);

(8) to fail to comply with a provision, regulation, or order of the Administrator under section 202, 203, 204, 206, or 208;

(9) to slaughter an animal that is capable for use in whole or in part as human food at a food establishment processing any food for commerce, except in compliance with the food safety law;

(10) to transfer food in violation of an administrative detention order under section 402 or to remove or alter a required mark or label identifying the food as detained;

(11) to fail to comply with a recall or other order under section 403; or

(12) to otherwise violate the food safety law.

SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNATION.

(a) Administrative Detention of Food-

(1) EXPANDED AUTHORITY- The Administrator shall have authority under section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) to administratively detain and seize any food regulated under this Act that the Administrator has reason to believe is unsafe, is adulterated or misbranded, or otherwise fails to meet the requirements of the food safety law.

(2) DETENTION AUTHORITY- If, during an inspection conducted in accordance with section 205 or 208, an officer, employee, or agent of the Administration making the inspection has reason to believe that a domestic food, imported food, or food offered for import is unsafe, is adulterated or misbranded, or otherwise fails to meet the requirements of this the food safety law, the officer, employee, or agent may order the food detained.

(3) PERIOD OF DETENTION-

(A) IN GENERAL- A food may be detained under paragraph (1) or (2) for a reasonable period, not to exceed 20 days, unless a longer period, not to exceed 30 days, is necessary for the Administrator to institute a seizure action.

(B) PERISHABLE FOOD- The Administrator shall provide by regulation for procedures to institute a seizure action on an expedited basis with respect to perishable food.

(4) SECURITY OF DETAINED FOOD-

(A) IN GENERAL- A detention order under this subsection--

(i) may require that the food be labeled or marked as detained; and

(ii) shall require that the food be removed to a secure facility, if appropriate.

(B) FOOD SUBJECT TO AN ORDER- A food subject to a detention order under this subsection shall not be transferred by any person from the place at which the food is removed, until released by the Administrator or until the expiration of the detention period applicable under the order, whichever occurs first.

(C) DELIVERY OF FOOD- This subsection does not authorize the delivery of a food in accordance with execution of a bond while the article is subject to the order.

(b) Appeal of Detention Order-

(1) IN GENERAL- A person who would be entitled to be a claimant for a food subject to a detention order under subsection (a) if the food were seized under section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334), may appeal the order to the Administrator.

(2) ACTION BY THE ADMINISTRATOR- Not later than 5 days after an appeal is filed under paragraph (1), the Administrator, after providing an opportunity for an informal hearing, shall confirm, modify, or terminate the order involved.

(3) FINAL AGENCY ACTION- Confirmation, modification, or termination by the Administrator under paragraph (2) shall be considered a final agency action for purposes of section 702 of title 5, United States Code.

(4) TERMINATION- A detention order under subsection (a) shall be considered to be terminated if, after 5 days, the Administrator has failed--

(A) to provide an opportunity for an informal hearing; or

(B) to confirm, modify, or terminate the order.

(5) EFFECT OF INSTITUTING COURT ACTION- If the Administrator initiates an action under section 302 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 332) or section 304(a) of that Act (21 U.S.C. 334(a)) for a food subject to a detention order under subsection (a), the process for the appeal of the detention order with respect to such food shall terminate.

(c) Condemnation of Food-

(1) IN GENERAL- After confirming a detention order, the Administrator may order the food condemned.

(2) DESTRUCTION OF FOOD- Any food condemned shall be destroyed under the supervision of the Administrator.

(3) RELEASE OF FOOD- If the Administrator determines that, through reprocessing, relabeling, or other action, a detained food can be brought into compliance with this Act, the food may be released following a determination by the Administrator that the relabeling or other action as specified by the Administrator has been performed.

(d) Temporary Holds at Ports of Entry-

(1) IN GENERAL- If an officer or qualified employee of the Administration has reason to believe that a food is unsafe, is adulterated or misbranded, or otherwise fails to meet the requirements of this Act, and the officer or qualified employee is unable to inspect, examine, or investigate the food when the food is offered for import at a port of entry into the United States, the officer or qualified employee shall request the Secretary of Homeland Security to hold the food at the port of entry for a reasonable period of time, not to exceed 24 hours, to enable the Administrator to inspect or investigate the food as appropriate.

(2) REMOVAL TO SECURE FACILITY- The Administrator shall work in coordination with the Secretary of Homeland Security to remove a food held in accordance with paragraph (1) to a secure facility as appropriate.

(3) PROHIBITION ON TRANSFER- During the period in which food is held, the food shall not be transferred by any person from the port of entry into the United States, or from the secure facility to which the food has been removed.

(4) DELIVERY IN ACCORDANCE WITH A BOND- The delivery of the food in accordance with the execution of a bond while the food is held is not authorized.

(5) PROHIBITION ON REEXPORT- A food found unfit for human or animal consumption shall be prohibited from reexport without further processing to remove the contamination and reinspection by the Administration.

SEC. 403. NOTIFICATION AND RECALL.

(a) Notice to Administrator of Violation-

(1) IN GENERAL- A person that has reason to believe that any food introduced into or in interstate commerce, or held for sale (whether or not the first sale) after shipment in interstate commerce, may be in violation of the food safety law shall immediately notify the Administrator of the identity and location of the food.

(2) MANNER OF NOTIFICATION- Notification under paragraph (1) shall be made in such manner and by such means as the Administrator may require by regulation.

(b) Recall and Consumer Notification-

(1) VOLUNTARY ACTIONS- If the Administrator determines that food is in violation of the food safety law when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and that there is a reasonable probability that the food, if consumed, would present a threat to public health, as determined by the Administrator, the Administrator shall give the appropriate persons (including the manufacturers, importers, distributors, or retailers of the food) an opportunity to--

(A) cease distribution of the food;

(B) notify all persons--

(i) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or

(ii) to which the food has been distributed, transported, or sold, to immediately cease distribution of the food;

(C) recall the food;

(D) in conjunction with the Administrator, provide notice of the finding of the Administrator--

(i) to consumers to whom the food was, or may have been, distributed; and

(ii) to State and local public health officials; or

(E) take any combination of the measures described in this paragraph, as determined by the Administrator to be appropriate in the circumstances.

(2) MANDATORY ACTIONS- If a person referred to in paragraph (1) refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the Administrator, the Administrator shall--

(A) have authority to control and possess the food, including ordering the shipment of the food from the food establishment to the Administrator--

(i) at the expense of the food establishment; or

(ii) in an emergency (as determined by the Administrator), at the expense of the Administration; and

(B) by order, require, as the Administrator determines to be necessary, the person to immediately--

(i) cease distribution of the food; and

(ii) notify all persons--

(I) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or

(II) if the food has been distributed, transported, or sold, to immediately cease distribution of the food.

(3) NOTIFICATION TO CONSUMERS BY ADMINISTRATOR- The Administrator shall, as the Administrator determines to be necessary--

(A) provide notice of the finding of the Administrator under paragraph (1)--

(i) to consumers to whom the food was, or may have been, distributed; and

(ii) to State and local public health officials; and

(B) provide notice to the public of the names and addresses of retail locations at which recalled food products were available for sale.

(4) NONDISTRIBUTION BY NOTIFIED PERSONS- A person that processes, distributes, or otherwise handles the food, or to which the food has been distributed, transported, or sold, and that is notified under paragraph (1)(B) or (2)(B) shall immediately cease distribution of the food.

(5) AVAILABILITY OF RECORDS TO ADMINISTRATOR- Each person referred to in paragraph (1) that processed, distributed, or otherwise handled food shall make available to the Administrator information necessary to carry out this subsection, as determined by the Administrator, regarding--

(A) persons that processed, distributed, or otherwise handled the food; and

(B) persons to which the food has been transported, sold, distributed, or otherwise handled.

(c) Informal Hearings on Orders-

(1) IN GENERAL- The Administrator shall provide any person subject to an order under subsection (b) with an opportunity for an informal hearing, to be held as soon as practicable but not later than 2 business days after the issuance of the order.

(2) SCOPE OF THE HEARING- In a hearing under paragraph (1), the Administrator shall consider the actions required by the order and any reasons why the food that is the subject of the order should not be recalled.

(d) Post-Hearing Recall Orders-

(1) AMENDMENT OF ORDER- If, after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that there is a reasonable probability that the food that is the subject of an order under subsection (b), if consumed, would present a threat to the public health, the Administrator, as the Administrator determines to be necessary, may--

(A) amend the order to require recall of the food or other appropriate action;

(B) specify a timetable in which the recall shall occur;

(C) require periodic reports to the Administrator describing the progress of the recall; and

(D) provide notice of the recall to consumers to whom the food was, or may have been, distributed.

(2) VACATION OF ORDERS- If, after providing an opportunity for an informal hearing under subsection (c), the Administrator determines that adequate grounds do not exist to continue the actions required by the order, the Administrator shall vacate the order.

(e) Remedies Not Exclusive- The remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available.

SEC. 404. INJUNCTION PROCEEDINGS.

(a) Jurisdiction- The district courts of the United States, and the United States courts of the territories and possessions of the United States, shall have jurisdiction, for cause shown, to restrain a violation of section 202, 203, 204, 208, or 401 (or a regulation promulgated thereunder).

(b) Trial- In a case in which violation of an injunction or restraining order issued under this section also constitutes a violation of the food safety law, trial shall be by the court or, upon demand of the accused, by a jury.

SEC. 405. CIVIL AND CRIMINAL PENALTIES.

(a) Civil Sanctions-

(1) CIVIL PENALTY-

(A) IN GENERAL- Any person that commits an act that violates the food safety law (including a regulation promulgated or order issued under the food safety law) may be assessed a civil penalty by the Administrator of not more than $1,000,000 for each such act.

(B) SEPARATE OFFENSE- Each act described in subparagraph (A) and each day during which that act continues shall be considered a separate offense.

(2) OTHER REQUIREMENTS-

(A) WRITTEN ORDER- The civil penalty described in paragraph (1) shall be assessed by the Administrator by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Administrator.

(B) AMOUNT OF PENALTY- Subject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Administrator, after considering--

(i) the gravity of the violation;

(ii) the degree of culpability of the person;

(iii) the size and type of the business of the person; and

(iv) any history of prior offenses by the person under the food safety law.

(C) REVIEW OF ORDER- The order may be reviewed only in accordance with subsection (c).

(b) Criminal Sanctions-

(1) OFFENSE RESULTING IN SERIOUS ILLNESS- Notwithstanding section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)), if a violation of any provision of section 301 of such Act (21 U.S.C. 301) with respect to an adulterated or misbranded food results in serious illness, the person committing the violation shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

(2) OFFENSE RESULTING IN DEATH- Notwithstanding section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)), if a violation of any provision of section 301 of such Act (21 U.S.C. 331) with respect to an adulterated or misbranded food results in death, the person committing the violation shall be imprisoned for not more than 10 years, fined in accordance with title 18, United States Code, or both.

(c) Judicial Review-

(1) IN GENERAL- An order assessing a civil penalty against a person under subsection (a) shall be a final order unless the person--

(A) not later than 30 days after the effective date of the order, files a petition for judicial review of the order in the United States court of appeals for the circuit in which that person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia; and

(B) simultaneously serves a copy of the petition by certified mail to the Administrator.

(2) FILING OF RECORD- Not later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Administrator shall file in the court a certified copy of the administrative record upon which the order was issued.

(3) STANDARD OF REVIEW- The findings of the Administrator relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole.

(d) Collection Actions for Failure To Pay-

(1) IN GENERAL- If any person fails to pay a civil penalty assessed under subsection (a) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (b) has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General, who shall institute in a United States district court of competent jurisdiction a civil action to recover the amount assessed.

(2) LIMITATION ON REVIEW- In a civil action under paragraph (1), the validity and appropriateness of the order of the Administrator assessing the civil penalty shall not be subject to judicial review.

(e) Penalties Paid Into Account- The Administrator--

(1) shall deposit penalties collected under this section in an account in the Treasury; and

(2) may use the funds in the account, without further appropriation or fiscal year limitation--

(A) to carry out enforcement activities under the food safety law; or

(B) to provide assistance to States to inspect retail commercial food establishments or other food or firms under the jurisdiction of State food safety programs.

(f) Discretion of the Administrator To Prosecute- Nothing in this Act requires the Administrator to report for prosecution, or for the commencement of an action, the violation of the food safety law in a case in which the Administrator finds that the public interest will be adequately served by the assessment of a civil penalty under this section.

(g) Remedies Not Exclusive- The remedies provided in this section are in addition to, and not exclusive of, other remedies that may be available.

SEC. 406. PRESUMPTION.

In any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist.

SEC. 407. WHISTLEBLOWER PROTECTION.

(a) In General-

(1) PROHIBITION- No Federal employee, employee of a Federal contractor or subcontractor, or covered individual may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against, because of any lawful act done by the employee or covered individual to--

(A) provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct that the covered individual reasonably believes constitutes a violation of any law, rule, or regulation, or that the covered individual reasonably believes constitutes a threat to the public health, when the information or assistance is provided to, or the investigation is conducted by--

(i) a Federal regulatory or law enforcement agency;

(ii) a Member or committee of Congress; or

(iii) a person with supervisory authority over the covered individual (or such other individual who has the authority to investigate, discover, or terminate misconduct);

(B) file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule, or regulation; or

(C) refused to violate or assist in the violation of any law, rule, or regulation.

(2) DEFINITION- For the purposes of this section, the term ‘covered individual’ means an individual who is an employee of--

(A) a food establishment;

(B) a food production facility;

(C) a restaurant;

(D) a retail food establishment other than a restaurant;

(E) a nonprofit food establishment in which food is prepared for or served directly to the consumer;

(F) a fishing vessel; or

(G) an agent of any of the above.

(b) Enforcement Action-

(1) IN GENERAL- A covered individual who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by filing a complaint with the Secretary of Labor. If the Secretary of Labor has not issued a final decision within 180 days after the date on which the complaint is filed and there is no showing that such delay is due to the bad faith of the claimant, the claimant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.

(2) PROCEDURE-

(A) IN GENERAL- An action under paragraph (1) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code.

(B) EXCEPTION- Notification under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person’s employer.

(C) BURDENS OF PROOF- An action brought under paragraph (1) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code.