II 

109TH CONGRESS 

2D SESSION S. 3519 

To reform the State inspection of meat and poultry in the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2006 

Mr. HATCH (for himself, Mr. CONRAD, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To reform the State inspection of meat and poultry in the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Agriculture Small Business Opportunity and Enhance6 ment Act of 2006’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MEAT INSPECTION 


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Sec. 101. Federal and State cooperation on meat inspection for intrastate distribution. 

Sec. 102. State meat inspection programs. 

TITLE II—POULTRY INSPECTION 

Sec. 201. Federal and State cooperation on poultry inspection for intrastate 

distribution. 

Sec. 202. State poultry inspection programs. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Regulations. 

Sec. 302. Termination of authority to establish an interstate inspection program. 

1 TITLE I—MEAT INSPECTION 

2 SEC. 101. FEDERAL AND STATE COOPERATION ON MEAT IN3 SPECTION FOR INTRASTATE DISTRIBUTION. 

4 (a) REDESIGNATION.— 

5 (1) IN GENERAL.—The Federal Meat Inspec6 tion Act is amended— 

7 (A) by redesignating title III (21 U.S.C. 

8 661 et seq.) as title V and moving that title so 

9 as to appear at the end of that Act; 

10 (B) by redesignating section 301 (21 

11 U.S.C. 661) as section 501; 

12 (C) in title V (as redesignated by subpara13 graph (A)), by striking the title heading and in14 serting the following: 

15 ‘‘TITLE V—FEDERAL AND STATE 

16 COOPERATION ON MEAT IN17 SPECTION FOR INTRASTATE 

18 DISTRIBUTION’’; 

19 and 


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1 (D) in the fourth sentence of section 

2 501(c)(1) (as redesignated by subparagraph 

3 (B)), by striking ‘‘section 301 of the Act’’ and 

4 inserting ‘‘subsection (a)(4)’’. 

5 (2) CONFORMING AMENDMENTS.— 

6 (A) Section 7(c) of the Federal Meat In7 spection Act (21 U.S.C. 607(c)) is amended in 

8 the second sentence by striking ‘‘section 301 of 

9 this Act’’ and inserting ‘‘section 501(a)(4)’’. 

10 (B) Section 24 of the Federal Meat In11 spection Act (21 U.S.C. 624) is amended in the 

12 last sentence by striking ‘‘section 301 of this 

13 Act’’ and inserting ‘‘section 501(a)(4)’’. 

14 (C) Section 205 of the Federal Meat In15 spection Act (21 U.S.C. 645) is amended by 

16 striking ‘‘section 301 of this Act’’ and inserting 

17 ‘‘section 501(a)(4)’’. 

18 (3) EFFECTIVE DATE.—This subsection takes 

19 effect on January 1, 2007. 

20 (b) REPEAL.— 

21 (1) IN GENERAL.—Title V of the Federal Meat 

22 Inspection Act (as amended by subsection (a)(1)) is 

23 repealed. 

24 (2) CONFORMING AMENDMENTS.— 


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1 (A) Section 7(c) of the Federal Meat In2 spection Act (21 U.S.C. 607(c)) (as amended 

3 by subsection (a)(2)(A)) is amended in the sec4 ond sentence by striking ‘‘section 501(a)(4)’’ 

5 and inserting ‘‘section 412’’. 

6 (B) Section 24 of the Federal Meat In7 spection Act (21 U.S.C. 624) (as amended by 

8 subsection (a)(2)(B)) is amended in the last 

9 sentence by striking ‘‘section 501(a)(4)’’ and 

10 inserting ‘‘section 412’’. 

11 (C) Section 205 of the Federal Meat In12 spection Act (21 U.S.C. 645) (as amended by 

13 subsection (a)(2)(C)) is amended by striking 

14 ‘‘section 501(a)(4)’’ and inserting ‘‘section 

15 412’’. 

16 (3) EFFECTIVE DATE.—Except as provided in 

17 section 302, this subsection takes effect on January 

18 1, 2007. 

19 SEC. 102. STATE MEAT INSPECTION PROGRAMS. 

20 (a) IN GENERAL.—The Federal Meat Inspection Act 

21 (as amended by section 101(a)(1)) is amended by insert22 ing after title II (21 U.S.C. 641 et seq.) the following: 


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1 ‘‘TITLE III—STATE MEAT 

2 INSPECTION PROGRAMS 

3 ‘‘SEC. 301. POLICY AND FINDINGS. 

4 ‘‘(a) POLICY.—It is the policy of Congress to ensure 

5 that consumers continue to have access to a safe, whole6 some, abundant, and affordable supply of meat and meat 

7 food products and to assist in efforts by State and other 

8 government agencies to accomplish that policy. 

9 ‘‘(b) FINDINGS.—Congress finds that— 

10 ‘‘(1) the goal of providing a safe, wholesome, 

11 abundant, and affordable supply of meat and meat 

12 food products throughout the United States is 

13 achieved, in part, through the role played by both 

14 Federal and State food safety inspection programs; 

15 ‘‘(2) as of the date of enactment of the Agri16 culture Small Business Opportunity and Enhance17 ment Act of 2006, State and local government pro18 grams conduct more than 80 percent of food estab19 lishment inspections, respond to and manage the 

20 majority of food emergencies in the United States, 

21 and conduct the majority of food product testing for 

22 bacteriological or chemical contamination; 

23 ‘‘(3) important Federal regulatory programs 

24 have been effectively applied to improve all segments 

25 of the extensive food safety system of the United 


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1 States, including the food production and distribu2 tion chain, animal and plant husbandry, production, 

3 transportation, and preparation; 

4 ‘‘(4) an extensive science-based food safety 

5 verification system became effective in 1996 with the 

6 Pathogen Reduction/Hazard Analysis and Critical 

7 Control Point systems of the Department of Agri8 culture (referred to in this subsection as the 

9 ‘HACCP system’); 

10 ‘‘(5) the HACCP system has been fully imple11 mented for all inspection establishments since 2000, 

12 providing the Department of Agriculture with years 

13 of food safety testing and verification data, which 

14 provide timely information to both consumers and 

15 industry; 

16 ‘‘(6) Federal and State meat inspection pro17 grams should function together as a seamless system 

18 in both intrastate and interstate commerce; 

19 ‘‘(7) coordinating Federal and State inspection 

20 programs will improve food safety and enhance con21 sumer confidence in the food supply; 

22 ‘‘(8) there are no substantive distinctions be23 tween Federal and State inspection requirements be24 cause State meat and poultry inspection programs 


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1 must equal or exceed the level of food safety for the 

2 Federal inspection program; 

3 ‘‘(9) the Department of Agriculture updated the 

4 policy and procedures for reviewing State inspection 

5 programs in 2004, which has further strengthened 

6 testing and training requirements by adding a high7 er margin of safety to the State inspection process; 

8 ‘‘(10) the Department of Agriculture has un9 dertaken a new comprehensive review of State meat 

10 and poultry inspection programs and issued an in11 terim report in 2005 that found that State inspec12 tion programs are at least equal to the Federal in13 spection program; 

14 ‘‘(11) in approximately half of the States with 

15 inspection programs, the State inspectors provide in16 spection coverage for both Federal and State facili17 ties; 

18 ‘‘(12) the statutory prohibition in effect as of 

19 the date of enactment of the Agriculture Small Busi20 ness Opportunity and Enhancement Act of 2006 

21 against interstate shipment of State-inspected meat 

22 products is not in the best interests of consumers or 

23 small business; 

24 ‘‘(13) 3 advisory committees of the Department 

25 of Agriculture have urged aggressive action to end 


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1 the inequities in meat inspection and recommended 

2 that steps be taken to promote the competitiveness 

3 of State-inspected meat products that meet Federal 

4 standards of inspection by allowing the sale of the 

5 meat in interstate commerce; 

6 ‘‘(14) State-inspected meat and poultry are the 

7 only commodities that are restricted from sale across 

8 State lines, although other commodities that are in9 spected under State jurisdiction are marketed freely 

10 in the United States; 

11 ‘‘(15) the same marketing options that apply to 

12 other commodities should be available for State-in13 spected meat and poultry; 

14 ‘‘(16) interstate markets for State-inspected 

15 products will spur more competition and innovation 

16 in the industry, providing consumers with more 

17 choices in the supermarket; and 

18 ‘‘(17) increased markets will stimulate small 

19 business sales, expand rural development, and in20 crease local tax bases, benefitting producers, proc21 essors, related industries, and consumers. 

22 ‘‘SEC. 302. DEFINITION OF REGULATORY DOCUMENT. 

23 ‘‘In this title, the term ‘regulatory document’ 

24 means— 

25 ‘‘(1) a directive; 


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1 ‘‘(2) a notice; and 

2 ‘‘(3) a policy memorandum. 

3 ‘‘SEC. 303. APPROVAL OF STATE MEAT INSPECTION PRO4 GRAMS. 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of this Act, the Secretary may approve a State meat 

7 inspection program and allow the shipment in commerce 

8 of carcasses, parts of carcasses, meat, and meat food prod9 ucts inspected under the State meat inspection program 

10 in accordance with this title. 

11 ‘‘(b) ELIGIBILITY.—To receive or maintain approval 

12 from the Secretary for a State meat inspection program 

13 in accordance with subsection (a), a State shall— 

14 ‘‘(1) implement a State meat inspection pro15 gram that enforces the mandatory antemortem and 

16 postmortem inspection, reinspection, sanitation, and 

17 related Federal requirements of titles I, II, and IV 

18 (including applicable regulations promulgated and 

19 regulatory documents issued under those titles); and 

20 ‘‘(2) enter into a cooperative agreement with 

21 the Secretary in accordance with subsection (c). 

22 ‘‘(c) COOPERATIVE AGREEMENT.—Notwithstanding 

23 chapter 63 of title 31, United States Code, the Secretary 

24 may enter into a cooperative agreement with a State 

25 that— 


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1 ‘‘(1) establishes the terms governing the rela2 tionship between the Secretary and the State meat 

3 inspection program; and 

4 ‘‘(2) provides that— 

5 ‘‘(A) the State will adopt (including adop6 tion by reference) provisions equivalent to titles 

7 I, II, and IV (including applicable regulations 

8 promulgated and regulatory documents issued 

9 under those titles); 

10 ‘‘(B) State-inspected and passed meat and 

11 meat food products will be marked with a mark 

12 of State inspection, which shall be deemed to be 

13 an official mark, in accordance with require14 ments issued by the Secretary; 

15 ‘‘(C) the State will comply with all labeling 

16 requirements issued by the Secretary governing 

17 meat and meat food products inspected under 

18 the State meat inspection program; 

19 ‘‘(D) the Secretary shall have authority— 

20 ‘‘(i) to detain and seize livestock, car21 casses, parts of carcasses, meat, and meat 

22 food products under the State meat inspec23 tion program; 

24 ‘‘(ii) to obtain access to facilities, 

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1 casses, meat, and meat food products of 

2 any person, firm, or corporation that 

3 slaughters, processes, handles, stores, 

4 transports, or sells meat or meat food 

5 products inspected under the State meat 

6 inspection program to determine compli7 ance with this Act (including applicable 

8 regulations promulgated and regulatory 

9 documents issued under this Act); and 

10 ‘‘(iii) to direct the State to conduct 

11 any activity authorized to be conducted by 

12 the Secretary under this Act (including ap13 plicable regulations promulgated and regu14 latory documents issued under this Act); 

15 and 

16 ‘‘(iv) such other terms as the Sec17 retary determines to be necessary shall be 

18 included in the cooperative agreement to 

19 ensure that the actions of the State and 

20 the State meat inspection program are 

21 consistent with this Act (including applica22 ble regulations promulgated and regulatory 

23 documents issued under this Act). 

24 ‘‘(d) RESTRICTION ON ESTABLISHMENT SIZE.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), establishments with more than 50 em3 ployees may not be accepted into a State meat in4 spection program. 

5 ‘‘(2) EXISTING ESTABLISHMENTS.—Subject to 

6 paragraph (3), any establishment that is subject to 

7 State inspection on January 1, 2007, may remain 

8 subject to State inspection. 

9 ‘‘(3) FEDERALLY-INSPECTED ESTABLISH10 MENTS.—After January 1, 2007, a Federally-in11 spected establishment shall not be eligible to apply 

12 for and receive State inspection if the establishment 

13 has more than 50 employees. 

14 ‘‘(e) REIMBURSEMENT OF STATE COSTS.—The Sec15 retary may reimburse the State for not more than 60 per16 cent of the State’s costs of meeting the Federal require17 ments for the State meat inspection program. 

18 ‘‘(f) SAMPLING.—A duly authorized representative of 

19 the Secretary shall be afforded access to State-inspected 

20 establishments to take reasonable samples of the inventory 

21 of the establishments upon payment of the fair market 

22 value of the samples. 

23 ‘‘(g) NONCOMPLIANCE.—If the Secretary determines 

24 that a State meat inspection program does not comply 

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1 section (c), the Secretary shall take such action as the Sec2 retary determines to be necessary to ensure that the car3 casses, parts of carcasses, meat, and meat food products 

4 in the State are inspected in a manner that effectuates 

5 this Act (including applicable regulations promulgated and 

6 regulatory documents issued under this Act). 

7 ‘‘SEC. 304. AUTHORITY TO TAKE OVER STATE MEAT INSPEC8 TION PROGRAMS. 

9 ‘‘(a) NOTIFICATION.—If the Secretary has reason to 

10 believe that a State is not in compliance with this Act (in11 cluding applicable regulations promulgated and regulatory 

12 documents issued under this Act) or the cooperative agree13 ment under section 303(c) and is considering the revoca14 tion or temporary suspension of the approval of the State 

15 meat inspection program, the Secretary shall promptly no16 tify and consult with the Governor of the State. 

17 ‘‘(b) SUSPENSION AND REVOCATION.—The Secretary 

18 may revoke or temporarily suspend the approval of a State 

19 meat inspection program and take over a State meat in20 spection program if the Secretary determines that the 

21 State meat inspection program is not in compliance with 

22 this Act (including applicable regulations promulgated and 

23 regulatory documents issued under this Act) or the cooper24 ative agreement. 


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1 ‘‘(c) PUBLICATION.—If the Secretary revokes or tem2 porarily suspends the approval of a State meat inspection 

3 program in accordance with subsection (b), the Secretary 

4 shall publish the determination under that subsection in 

5 the Federal Register. 

6 ‘‘(d) INSPECTION OF ESTABLISHMENTS.—On the ex7 piration of 30 days after the date of publication of a deter8 mination under subsection (c), an establishment subject 

9 to a State meat inspection program with respect to which 

10 the Secretary makes a determination under subsection (b) 

11 shall be inspected by the Secretary. 

12 ‘‘SEC. 305. EXPEDITED AUTHORITY TO TAKE OVER INSPEC13 TION OF STATE-INSPECTED ESTABLISH14 MENTS. 

15 ‘‘Notwithstanding any other provision of this title, if 

16 the Secretary determines that an establishment operating 

17 under a State meat inspection program is not operating 

18 in accordance with this Act (including applicable regula19 tions promulgated and regulatory documents issued under 

20 this Act) or the cooperative agreement under section 

21 303(c), and the State, after notification by the Secretary 

22 to the Governor, has not taken appropriate action within 

23 a reasonable time as determined by the Secretary, the Sec24 retary may immediately determine that the establishment 

25 is an establishment that shall be inspected by the SecVerDate Aug 31 2005 06:48 Jun 16, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3519.IS S3519

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1 retary, until such time as the Secretary determines that 

2 the State will meet the requirements of this Act (including 

3 applicable regulations promulgated and regulatory docu4 ments issued under this Act) and the cooperative agree5 ment with respect to the establishment. 

6 ‘‘SEC. 306. ANNUAL REVIEW. 

7 ‘‘The Secretary shall develop and implement a proc8 ess, in consultation with the States— 

9 ‘‘(1) to review annually each State meat inspec10 tion program approved under this title; and 

11 ‘‘(2) to certify the State meat inspection pro12 grams that comply with the cooperative agreement 

13 entered into with the State under section 303(c). 

14 ‘‘SEC. 307. FEDERAL INSPECTION OPTION. 

15 ‘‘(a) IN GENERAL.—An establishment that operates 

16 in a State with an approved State meat inspection pro17 gram may apply for— 

18 ‘‘(1) inspection under the State meat inspection 

19 program; or 

20 ‘‘(2) Federal inspection. 

21 ‘‘(b) LIMITATION.—An establishment shall not make 

22 an application under subsection (a) more than once every 

23 4 years.’’. 


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1 (b) ACCEPTANCE OF INTERSTATE SHIPMENTS; ADVI2 SORY COMMITTEES.—Title IV of the Federal Meat Inspec3 tion Act is amended— 

4 (1) by redesignating section 411 (21 U.S.C. 

5 680) as section 413; and 

6 (2) by inserting after section 410 (21 U.S.C. 

7 679a) the following: 

8 ‘‘SEC. 411. ACCEPTANCE OF INTERSTATE SHIPMENTS OF 

9 MEAT AND MEAT FOOD PRODUCTS. 

10 ‘‘Notwithstanding any provision of State law, a State 

11 or local government shall not prohibit or restrict the move12 ment or sale of meat or meat food products that have been 

13 inspected and passed in accordance with this Act for inter14 state commerce. 

15 ‘‘SEC. 412. ADVISORY COMMITTEES FOR FEDERAL AND 

16 STATE PROGRAMS. 

17 ‘‘The Secretary may appoint advisory committees 

18 consisting of such representatives of appropriate State 

19 agencies as the Secretary and the State agencies may des20 ignate to consult with the Secretary concerning Federal 

21 and State programs with respect to meat inspection and 

22 other matters within the scope of this Act.’’. 

23 (c) EFFECTIVE DATE.—This section takes effect on 

24 January 1, 2007. 


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1 TITLE II—POULTRY INSPECTION 

2 SEC. 201. FEDERAL AND STATE COOPERATION ON POUL3 TRY INSPECTION FOR INTRASTATE DIS4 TRIBUTION. 

5 (a) REDESIGNATION.— 

6 (1) IN GENERAL.—Section 5 of the Poultry 

7 Products Inspection Act (21 U.S.C. 454) is redesig8 nated as section 33 and moved so as to appear at 

9 the end of that Act. 

10 (2) INTRASTATE PROGRAM.—Section 33 of the 

11 Poultry Products Inspection Act (as redesignated by 

12 paragraph (1)) is amended by striking the section 

13 heading and inserting the following: 

14 ‘‘SEC. 33. FEDERAL AND STATE COOPERATION ON POULTRY 

15 INSPECTION FOR INTRASTATE DISTRIBU16 TION.’’. 

17 (3) CONFORMING AMENDMENTS.— 

18 (A) Section 8(b) of the Poultry Products 

19 Inspection Act (21 U.S.C. 457(b)) is amended 

20 in the second sentence by striking ‘‘section 5 of 

21 this Act’’ and inserting ‘‘section 33(a)(4)’’. 

22 (B) Section 11(e) of the Poultry Products 

23 Inspection Act (21 U.S.C. 460(e)) is amended 

24 by striking ‘‘section 5 of this Act’’ and inserting 

25 ‘‘section 33(a)(4)’’. 


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1 (4) EFFECTIVE DATE.—This subsection takes 

2 effect on January 1, 2007. 

3 (b) REPEAL.— 

4 (1) IN GENERAL.—Section 33 of the Poultry 

5 Products Inspection Act (as redesignated by sub6 section (a)(1)) is repealed. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) Section 8(b) of the Poultry Products 

9 Inspection Act (21 U.S.C. 457(b)) (as amended 

10 by subsection (a)(3)(A)) is amended in the sec11 ond sentence by striking ‘‘section 33(a)(4)’’ and 

12 inserting ‘‘section 32’’. 

13 (B) Section 11(e) of the Poultry Products 

14 Inspection Act (21 U.S.C. 460(e)) (as amended 

15 by subsection (a)(3)(B)) is amended by striking 

16 ‘‘section 33(a)(4)’’ and inserting ‘‘section 32’’. 

17 (3) EFFECTIVE DATE.—Except as provided in 

18 section 302, this subsection takes effect on January 

19 1, 2007. 

20 SEC. 202. STATE POULTRY INSPECTION PROGRAMS. 

21 (a) IN GENERAL.—The Poultry Products Inspection 

22 Act (as amended by section 201(a)(1)) is amended by in23 serting after section 4 (21 U.S.C. 453) the following: 


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1 ‘‘SEC. 5. STATE POULTRY INSPECTION PROGRAMS. 

2 ‘‘(a) POLICY.—It is the policy of Congress to protect 

3 the public from poultry products that are adulterated or 

4 misbranded and to assist in efforts by State and other gov5 ernment agencies to accomplish that policy. 

6 ‘‘(b) DEFINITION OF REGULATORY DOCUMENT.—In 

7 this section, the term ‘regulatory document’ means— 

8 ‘‘(1) a directive; 

9 ‘‘(2) a notice; and 

10 ‘‘(3) a policy memorandum. 

11 ‘‘(c) APPROVAL OF STATE POULTRY INSPECTION

12 PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of this Act, the Secretary may approve a 

15 State poultry inspection program and allow the ship16 ment in commerce of poultry products inspected 

17 under the State poultry inspection program in ac18 cordance with this section and section 5A. 

19 ‘‘(2) ELIGIBILITY.—To receive or maintain ap20 proval from the Secretary for a State poultry inspec21 tion program in accordance with paragraph (1), a 

22 State shall— 

23 ‘‘(A) implement a State poultry inspection 

24 program that enforces the mandatory ante25 mortem and postmortem inspection, reinspec26 tion, sanitation, and related Federal requireVerDate Aug 31 2005 06:48 Jun 16, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3519.IS S3519

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1 ments of sections 1 through 4 and 6 through 32 

2 (including applicable regulations promulgated 

3 and regulatory documents issued under those 

4 sections); and 

5 ‘‘(B) enter into a cooperative agreement 

6 with the Secretary in accordance with para7 graph (3). 

8 ‘‘(3) COOPERATIVE AGREEMENT.—Notwith9 standing chapter 63 of title 31, United States Code, 

10 the Secretary may enter into a cooperative agree11 ment with a State that— 

12 ‘‘(A) establishes the terms governing the 

13 relationship between the Secretary and the 

14 State poultry inspection program; and 

15 ‘‘(B) provides that— 

16 ‘‘(i) the State will adopt (including 

17 adoption by reference) provisions equiva18 lent to sections 1 through 4 and 6 through 

19 32 (including applicable regulations pro20 mulgated and regulatory documents issued 

21 under this Act; 

22 ‘‘(ii) State-inspected and passed poul23 try products will be marked with a mark of 

24 State inspection, which shall be deemed to 


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1 be an official mark, in accordance with re2 quirements issued by the Secretary; 

3 ‘‘(iii) the State will comply with all la4 beling requirements issued by the Sec5 retary governing poultry products in6 spected under the State poultry inspection 

7 program; 

8 ‘‘(iv) the Secretary shall have author9 ity— 

10 ‘‘(I) to detain and seize poultry 

11 and poultry products under the State 

12 poultry inspection program; 

13 ‘‘(II) to obtain access to facili14 ties, records, and poultry products of 

15 any person that slaughters, processes, 

16 handles, stores, transports, or sells 

17 poultry products inspected under the 

18 State poultry inspection program to 

19 determine compliance with this Act 

20 (including applicable regulations pro21 mulgated and regulatory documents 

22 issued under this Act); and 

23 ‘‘(III) to direct the State to con24 duct any activity authorized to be con25 ducted by the Secretary under this 


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1 Act (including applicable regulations 

2 promulgated and regulatory docu3 ments issued under this Act); and 

4 ‘‘(v) such other terms as the Sec5 retary determines to be necessary shall be 

6 included in the cooperative agreement to 

7 ensure that the actions of the State and 

8 the State poultry inspection program are 

9 consistent with this Act (including applica10 ble regulations promulgated and regulatory 

11 documents issued under this Act). 

12 ‘‘(4) RESTRICTION ON ESTABLISHMENT SIZE.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), establishments with more 

15 than 50 employees may not be accepted into a 

16 State poultry inspection program. 

17 ‘‘(B) EXISTING ESTABLISHMENTS.—Sub18 ject to subparagraph (C), any establishment 

19 that is subject to State inspection on January 

20 1, 2007 may remain subject to state inspection. 

21 ‘‘(C) FEDERALLY-INSPECTED ESTABLISH22 MENTS.—After January 1, 2007, a Federally23 inspected establishment shall not be eligible to 

24 apply for and receive State inspection if the es25 tablishment has more than 50 employees. 


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1 ‘‘(5) REIMBURSEMENT OF STATE COSTS.—The 

2 Secretary may reimburse the State for not more 

3 than 60 percent of the State’s costs of meeting the 

4 Federal requirements for the State poultry inspec5 tion program. 

6 ‘‘(6) SAMPLING.—A duly authorized representa7 tive of the Secretary shall be afforded access to 

8 State-inspected establishments to take reasonable 

9 samples of the inventory of the establishment upon 

10 payment of the fair market value of the samples. 

11 ‘‘(7) NONCOMPLIANCE.—If the Secretary deter12 mines that a State poultry inspection program does 

13 not comply with this section, section 5A, or the co14 operative agreement under paragraph (3), the Sec15 retary shall take such action as the Secretary deter16 mines to be necessary to ensure that the poultry 

17 products in the State are inspected in a manner that 

18 effectuates this Act (including applicable regulations 

19 promulgated and regulatory documents issued under 

20 this Act). 

21 ‘‘(d) ANNUAL REVIEW.—The Secretary shall develop 

22 and implement a process, in consultation with States— 

23 ‘‘(1) to review annually each State poultry in24 spection program approved under this section; and 


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1 ‘‘(2) to certify the State poultry inspection pro2 grams that comply with the cooperative agreement 

3 entered into with the State under subsection (c)(3). 

4 ‘‘(e) FEDERAL INSPECTION OPTION.— 

5 ‘‘(1) IN GENERAL.—An official establishment 

6 that operates in a State with an approved State 

7 poultry inspection program may apply for inspection 

8 under the State poultry inspection program or for 

9 Federal inspection. 

10 ‘‘(2) LIMITATION.—An official establishment 

11 shall not make an application under paragraph (1) 

12 more than once every 4 years. 

13 ‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY IN14 SPECTION ACTIVITIES. 

15 ‘‘(a) DEFINITION OF REGULATORY DOCUMENT.—In 

16 this section, the term ‘regulatory document’ has the mean17 ing given the term in section 5(b). 

18 ‘‘(b) AUTHORITY TO TAKE OVER STATE POULTRY

19 INSPECTION PROGRAMS.— 

20 ‘‘(1) NOTIFICATION.—If the Secretary has rea21 son to believe that a State is not in compliance with 

22 this Act (including applicable regulations promul23 gated and regulatory documents issued under this 

24 Act) or the cooperative agreement under section 

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1 porary suspension of the approval of the State poul2 try inspection program, the Secretary shall promptly 

3 notify and consult with the Governor of the State. 

4 ‘‘(2) SUSPENSION AND REVOCATION.—The Sec5 retary may revoke or temporarily suspend the ap6 proval of a State poultry inspection program and 

7 take over a State poultry inspection program if the 

8 Secretary determines that the State poultry inspec9 tion program is not in compliance with this Act (in10 cluding applicable regulations promulgated and reg11 ulatory documents issued under this Act) or the co12 operative agreement. 

13 ‘‘(3) PUBLICATION.—If the Secretary revokes 

14 or temporarily suspends the approval of a State 

15 poultry inspection program in accordance with para16 graph (2), the Secretary shall publish the determina17 tion under that paragraph in the Federal Register. 

18 ‘‘(4) INSPECTION OF ESTABLISHMENTS.—On 

19 the expiration of 30 days after the date of publica20 tion of a determination under paragraph (3), an offi21 cial establishment subject to a State poultry inspec22 tion program with respect to which the Secretary 

23 makes a determination under paragraph (2) shall be 

24 inspected by the Secretary. 


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1 ‘‘(c) EXPEDITED AUTHORITY TO TAKE OVER IN2 SPECTION OF STATE-INSPECTED OFFICIAL ESTABLISH3 MENTS.—Notwithstanding any other provision of this sec4 tion or section 5, if the Secretary determines that an offi5 cial establishment operating under a State poultry inspec6 tion program is not operating in accordance with this Act 

7 (including applicable regulations promulgated and regu8 latory documents issued under this Act) or the cooperative 

9 agreement under section 5(c)(3), and the State, after noti10 fication by the Secretary to the Governor, has not taken 

11 appropriate action within a reasonable time as determined 

12 by the Secretary, the Secretary may immediately deter13 mine that the official establishment is an establishment 

14 that shall be inspected by the Secretary, until such time 

15 as the Secretary determines that the State will meet the 

16 requirements of this Act (including applicable regulations 

17 promulgated and regulatory documents issued under this 

18 Act) and the cooperative agreement with respect to the 

19 official establishment.’’. 

20 (b) ACCEPTANCE OF INTERSTATE SHIPMENTS; ADVI21 SORY COMMITTEES.—The Poultry Products Inspection 

22 Act is amended by inserting after section 30 (21 U.S.C. 

23 471) the following: 


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•S 3519 IS

1 ‘‘SEC. 31. ACCEPTANCE OF INTERSTATE SHIPMENTS OF 

2 POULTRY PRODUCTS. 

3 ‘‘Notwithstanding any provision of State law, a State 

4 or local government shall not prohibit or restrict the move5 ment or sale of poultry products that have been inspected 

6 and passed in accordance with this Act for interstate com7 merce. 

8 ‘‘SEC. 32. ADVISORY COMMITTEES FOR FEDERAL AND 

9 STATE PROGRAMS. 

10 ‘‘The Secretary may appoint advisory committees 

11 consisting of such representatives of appropriate State 

12 agencies as the Secretary and the State agencies may des13 ignate to consult with the Secretary concerning State and 

14 Federal programs with respect to poultry product inspec15 tion and other matters within the scope of this Act.’’. 

16 (c) EFFECTIVE DATE.—This section takes effect on 

17 January 1, 2007. 

18 TITLE III—GENERAL 

19 PROVISIONS 

20 SEC. 301. REGULATIONS. 

21 Not later than January 1, 2007, the Secretary of Ag22 riculture may promulgate such regulations as are nec23 essary to implement the amendments made by sections 

24 102 and 202. 


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1 SEC. 302. TERMINATION OF AUTHORITY TO ESTABLISH AN 

2 INTERSTATE INSPECTION PROGRAM. 

3 If the Secretary of Agriculture has not approved any 

4 State meat inspection program or State poultry inspection 

5 program by entering into a cooperative agreement under 

6 title III of the Federal Meat Inspection Act and sections 

7 5 and 5A of the Poultry Products Inspection Act (as 

8 amended by this Act) by January 1, 2007, sections 

9 101(b), 102, 201(b), and 202, and the amendments made 

10 by those sections, are repealed effective as of that date. 

Æ 


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