I 

110TH CONGRESS 

1ST SESSION H. R. 2315 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2007 

Mr. POMEROY (for himself, Mr. BLUNT, Mrs. BOYDA of Kansas, Mrs. CUBIN, 

Mr. MORAN of Kansas, Ms. HERSETH SANDLIN, Mr. CONAWAY, Mr. 

MARSHALL, Mr. SOUDER, Mr. PEARCE, Mr. SENSENBRENNER, Mr. 

PETRI, Mrs. CAPITO, Mr. LUCAS, Mr. KING of Iowa, Mr. BONNER, and 

Mr. SALAZAR) introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To enhance 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. 

4 This Act may be cited as the ‘‘New Markets for 

5 State-Inspected Meat and Poultry Act of 2007’’. 

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1 SEC. 2. STATE MEAT INSPECTION PROGRAMS. 

2 (a) IN GENERAL.—Title III of the Federal Meat In3 spection Act (21 U.S.C. 661 et seq.) is amended to read 

4 as follows: 

5 ‘‘TITLE III—STATE MEAT 

6 INSPECTION PROGRAMS 

7 ‘‘SEC. 301. POLICY AND FINDINGS. 

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

9 the public from meat and meat food products that are 

10 adulterated or misbranded and to assist in efforts by State 

11 and other government agencies to accomplish that policy. 

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

13 ‘‘(1) the goal of a safe and wholesome supply 

14 of meat and meat food products throughout the 

15 United States would be better served if a consistent 

16 set of requirements, established by the Federal Gov17 ernment, were applied to all meat and meat food 

18 products, whether produced under State inspection 

19 or Federal inspection; 

20 ‘‘(2) under such a system, State and Federal 

21 meat inspection programs would function together to 

22 create a seamless inspection system to ensure food 

23 safety and inspire consumer confidence in the food 

24 supply in interstate commerce; and 

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1 ‘‘(3) such a system would ensure the viability of 

2 State meat inspection programs, which should help 

3 to foster the viability of small establishments. 

4 ‘‘SEC. 302. APPROVAL OF STATE MEAT INSPECTION PRO5 GRAMS. 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of this Act, the Secretary may approve a State meat 

8 inspection program and allow the shipment in commerce 

9 of carcasses, parts of carcasses, meat, and meat food prod10 ucts inspected under the State meat inspection program 

11 in accordance with this title. 

12 ‘‘(b) ELIGIBILITY.— 

13 ‘‘(1) IN GENERAL.—To receive or maintain ap14 proval from the Secretary for a State meat inspec15 tion program in accordance with subsection (a), a 

16 State shall— 

17 ‘‘(A) implement a State meat inspection 

18 program that enforces the mandatory ante19 mortem and postmortem inspection, reinspec20 tion, sanitation, and related Federal require21 ments of titles I, II, and IV (including the regu22 lations, directives, notices, policy memoranda, 

23 and other regulatory requirements issued under 

24 those titles); and 

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1 ‘‘(B) enter into a cooperative agreement 

2 with the Secretary in accordance with sub3 section (c). 

4 ‘‘(2) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—In addition to the re6 quirements described in paragraph (1), a State 

7 meat inspection program reviewed in accord8 ance with section 2 of the New Markets for 

9 State-Inspected Meat and Poultry Act of 2007 

10 shall implement, not later than 180 days after 

11 the date on which the report is submitted under 

12 subsection (b) of such section, all recommenda13 tions from the review, in a manner approved by 

14 the Secretary. 

15 ‘‘(B) REVIEW OF NEW STATE MEAT IN16 SPECTION PROGRAMS.— 

17 ‘‘(i) REVIEW REQUIREMENT.—Not 

18 later than one year after the date on which 

19 the Secretary approves a new State meat 

20 inspection program, the Secretary shall 

21 conduct a review of the new State meat in22 spection program, which shall include— 

23 ‘‘(I) a determination of the effec24 tiveness of the new State meat inspec25 tion program; and 

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1 ‘‘(II) identification of changes 

2 necessary to ensure enforcement of 

3 Federal inspection requirements. 

4 ‘‘(ii) IMPLEMENTATION REQUIRE5 MENTS.—In addition to the requirements 

6 described in paragraph (1), to continue to 

7 be an approved State meat inspection pro8 gram, a new State meat inspection pro9 gram shall implement all recommendations 

10 from the review conducted in accordance 

11 with this subparagraph, in a manner ap12 proved by the Secretary. 

13 ‘‘(iii) DEFINITION OF NEW STATE

14 MEAT INSPECTION PROGRAM.—In this sub15 paragraph, the term ‘new State meat in16 spection program’ means a State meat in17 spection program that is not approved in 

18 accordance with subsection (a) between the 

19 effective date of the New Markets for 

20 State-Inspected Meat and Poultry Act of 

21 2006 and the date that is one year after 

22 the effective date of such Act. 

23 ‘‘(c) COOPERATIVE AGREEMENT.—Notwithstanding 

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

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1 may enter into a cooperative agreement with a State 

2 that— 

3 ‘‘(1) establishes the terms governing the rela4 tionship between the Secretary and the State meat 

5 inspection program; 

6 ‘‘(2) provides that the State will adopt (includ7 ing adoption by reference) provisions identical to ti8 tles I, II, and IV (including the regulations, direc9 tives, notices, policy memoranda, and other regu10 latory requirements issued under those titles); 

11 ‘‘(3) provides that State-inspected and passed 

12 meat and meat food products shall be marked with 

13 a mark of State inspection, which shall be deemed 

14 to be an official mark, in accordance with require15 ments issued by the Secretary; 

16 ‘‘(4) provides that the State will comply with all 

17 labeling requirements issued by the Secretary gov18 erning meat and meat food products inspected under 

19 the State meat inspection program; 

20 ‘‘(5) provides that the Secretary shall have au21 thority— 

22 ‘‘(A) to detain and seize livestock, car23 casses, parts of carcasses, meat, and meat food 

24 products under the State meat inspection pro25 gram; 

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1 ‘‘(B) to obtain access to facilities, records, 

2 livestock, carcasses, parts of carcasses, meat, 

3 and meat food products of any person, firm, or 

4 corporation that slaughters, processes, handles, 

5 stores, transports, or sells meat or meat food 

6 products inspected under the State meat inspec7 tion program to determine compliance with this 

8 Act (including the regulations issued under this 

9 Act); and 

10 ‘‘(C) to direct the State to conduct any ac11 tivity authorized to be conducted by the Sec12 retary under this Act (including the regulations 

13 issued under this Act); and 

14 ‘‘(6) includes such other terms as the Secretary 

15 determines to be necessary to ensure that the ac16 tions of the State and the State meat inspection pro17 gram are consistent with this Act (including the reg18 ulations, directives, notices, policy memoranda, and 

19 other regulatory requirements issued under this 

20 Act). 

21 ‘‘(d) RESTRICTION ON ESTABLISHMENT SIZE.—After 

22 the date that is 90 days after the effective date of the 

23 New Markets for State-Inspected Meat and Poultry Act 

24 of 2006, establishments with more than 50 employees may 

25 not be accepted into a State meat inspection program. Any 

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1 establishment that is subject to state inspection on such 

2 date, may remain subject to State inspection. 

3 ‘‘(e) REIMBURSEMENT OF STATE COSTS.—The Sec4 retary shall reimburse a State for not less than 50 percent 

5 of the State’s costs of meeting the Federal requirements 

6 for the State meat inspection program. 

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

8 the Secretary shall be afforded access to State inspected 

9 establishments to take reasonable samples of the inventory 

10 of such establishments upon payment of the fair market 

11 value therefor. 

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

13 that a State meat inspection program does not comply 

14 with this title or the cooperative agreement under sub15 section (c), the Secretary shall take such action as the Sec16 retary determines to be necessary to ensure that the car17 casses, parts of carcasses, meat, and meat food products 

18 in the State are inspected in a manner that effectuates 

19 this Act (including the regulations, directives, notices, pol20 icy memoranda, and other regulatory requirements issued 

21 under this Act). 

22 ‘‘SEC. 303. AUTHORITY TO TAKE OVER STATE MEAT INSPEC23 TION PROGRAMS. 

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

25 believe that a State is not in compliance with this Act (inmstockstill on PROD1PC66 with BILLS

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1 cluding the regulations, directives, notices, policy memo2 randa, and other regulatory requirements issued under 

3 this Act) or the cooperative agreement under section 

4 302(c) and is considering the revocation or temporary sus5 pension of the approval of the State meat inspection pro6 gram, the Secretary shall promptly notify and consult with 

7 the Governor of the State. 

8 ‘‘(b) SUSPENSION AND REVOCATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary may revoke 

10 or temporarily suspend the approval of a State meat 

11 inspection program and take over a State meat in12 spection program if the Secretary determines that 

13 the State meat inspection program is not in compli14 ance with this Act (including the regulations, direc15 tives, notices, policy memoranda, and other regu16 latory requirements issued under this Act) or the co17 operative agreement under section 302(c). 

18 ‘‘(2) PROCEDURES FOR REINSTATEMENT.—A 

19 State meat inspection program that has been the 

20 subject of a revocation may be reinstated as an ap21 proved State meat inspection program under this 

22 Act only in accordance with the procedures under 

23 section 302(b)(2)(B). 

24 ‘‘(c) PUBLICATION.—If the Secretary revokes or tem25 porarily suspends the approval of a State meat inspection 

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

2 shall publish notice of the revocation or temporary suspen3 sion under that subsection in the Federal Register. 

4 ‘‘(d) INSPECTION OF ESTABLISHMENTS.—Not later 

5 than 30 days after the date of publication of a determina6 tion under subsection (c), an establishment subject to a 

7 State meat inspection program with respect to which the 

8 Secretary makes a determination under subsection (b) 

9 shall be inspected by the Secretary. 

10 ‘‘SEC. 304. EXPEDITED AUTHORITY TO TAKE OVER INSPEC11 TION OF STATE-INSPECTED ESTABLISH12 MENTS. 

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

14 the Secretary determines that an establishment operating 

15 under a State meat inspection program is not operating 

16 in accordance with this Act (including the regulations, di17 rectives, notices, policy memoranda, and other regulatory 

18 requirements issued under this Act) or the cooperative 

19 agreement under section 302(c), and the State, after noti20 fication by the Secretary to the Governor, has not taken 

21 appropriate action within a reasonable time as determined 

22 by the Secretary, the Secretary may immediately deter23 mine that the establishment is an establishment that shall 

24 be inspected by the Secretary, until such time as the Sec25 retary determines that the State will meet the requiremstockstill on PROD1PC66 with BILLS

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1 ments of this Act (including the regulations, directives, no2 tices, policy memoranda, and other regulatory require3 ments) and the cooperative agreement with respect to the 

4 establishment. 

5 ‘‘SEC. 305. ANNUAL REVIEW. 

6 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

7 implement a process to annually review each State meat 

8 inspection program approved under this title and to certify 

9 the State meat inspection programs that comply with the 

10 cooperative agreement entered into with the State under 

11 section 302(c). 

12 ‘‘(b) COMMENT FROM INTERESTED PARTIES.—In 

13 developing the review process described in subsection (a), 

14 the Secretary shall solicit comment from interested par15 ties. 

16 ‘‘SEC. 306. FEDERAL INSPECTION OPTION. 

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

18 in a State with an approved State meat inspection pro19 gram may apply for inspection under the State meat in20 spection program or for Federal inspection. 

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

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

23 four years.’’. 

24 (b) RESTAURANTS AND RETAIL STORES.—Title IV 

25 of the Federal Meat Inspection Act is amended— 

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

2 681) as section 414; and 

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

4 680) the following: 

5 ‘‘SEC. 411. RESTAURANTS AND RETAIL STORES. 

6 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

7 REQUIREMENTS.—The provisions of this Act requiring in8 spection of the slaughter of animals and the preparation 

9 of carcasses, parts of carcasses, meat, and meat food prod10 ucts shall not apply to operations of types traditionally 

11 and usually conducted at retail stores and restaurants, as 

12 determined by the Secretary, if the operations are con13 ducted at a retail store, restaurant, or similar retail estab14 lishment for sale of such prepared articles in normal retail 

15 quantities or for service of the articles to consumers at 

16 such an establishment. 

17 ‘‘(b) CENTRAL KITCHEN FACILITIES.— 

18 ‘‘(1) IN GENERAL.—For the purposes of this 

19 section, operations conducted at a central kitchen fa20 cility of a restaurant shall be considered to be con21 ducted at a restaurant if the central kitchen of the 

22 restaurant prepares meat or meat food products that 

23 are ready to eat when they leave the facility and are 

24 served in meals or as entrees only to customers at 

25 restaurants owned or operated by the same person, 

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1 firm, or corporation that owns or operates the facil2 ity. 

3 ‘‘(2) EXCEPTION.—A facility described in para4 graph (1) shall be subject to section 202 and may 

5 be subject to the inspection requirements of title I 

6 for as long as the Secretary determines to be nec7 essary, if the Secretary determines that the sanitary 

8 conditions or practices of the facility or the proc9 essing procedures or methods at the facility are such 

10 that any of the meat or meat food products of the 

11 facility are rendered adulterated. 

12 ‘‘SEC. 412. ACCEPTANCE OF INTERSTATE SHIPMENTS OF 

13 MEAT AND MEAT FOOD PRODUCTS. 

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

15 or local government shall not prohibit or restrict the move16 ment or sale of meat or meat food products that have been 

17 inspected and passed in accordance with this Act for inter18 state commerce. 

19 ‘‘SEC. 413. ADVISORY COMMITTEES FOR FEDERAL AND 

20 STATE PROGRAMS. 

21 ‘‘The Secretary may appoint advisory committees 

22 consisting of such representatives of appropriate State 

23 agencies as the Secretary and the State agencies may des24 ignate to consult with the Secretary concerning State and 

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1 Federal programs with respect to meat inspection and 

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

3 SEC. 3. STATE POULTRY INSPECTION PROGRAMS. 

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

5 Act (21 U.S.C. 451 et seq.) is amended by striking section 

6 5 and inserting the following: 

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

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

9 the public from poultry products that are adulterated or 

10 misbranded and to assist in efforts by State and other gov11 ernment agencies to accomplish that policy. 

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

13 ‘‘(1) the goal of a safe and wholesome supply 

14 of poultry products throughout the United States 

15 would be better served if a consistent set of require16 ments, established by the Federal Government, were 

17 applied to all poultry products, whether produced 

18 under State inspection or Federal inspection; 

19 ‘‘(2) under such a system, State and Federal 

20 poultry inspection programs would function together 

21 to create a seamless inspection system to ensure 

22 food safety and inspire consumer confidence in the 

23 food supply in interstate commerce; and 

24 ‘‘(3) such a system would ensure the viability of 

25 State poultry inspection programs, which should 

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1 help to foster the viability of small official establish2 ments. 

3 ‘‘(c) APPROVAL OF STATE POULTRY INSPECTION

4 PROGRAMS.— 

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

6 provision of this Act, the Secretary may approve a 

7 State poultry inspection program and allow the ship8 ment in commerce of poultry products inspected 

9 under the State poultry inspection program in ac10 cordance with this section and section 5A. 

11 ‘‘(2) ELIGIBILITY.— 

12 ‘‘(A) IN GENERAL.—To receive or main13 tain approval from the Secretary for a State 

14 poultry inspection program in accordance with 

15 paragraph (1), a State shall— 

16 ‘‘(i) implement a State poultry inspec17 tion program that enforces the mandatory 

18 antemortem and postmortem inspection, 

19 reinspection, sanitation, and related Fed20 eral requirements of sections 1 through 4 

21 and 6 through 33 (including the regula22 tions, directives, notices, policy memo23 randa, and other regulatory requirements 

24 issued under those sections); and 

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1 ‘‘(ii) enter into a cooperative agree2 ment with the Secretary in accordance 

3 with paragraph (3). 

4 ‘‘(B) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—In addition to the 

6 requirements described in subparagraph 

7 (A), a State poultry inspection program re8 viewed in accordance with section 2 of the 

9 New Markets for State-Inspected Meat and 

10 Poultry Act of 2006 shall implement, not 

11 later 180 days after the date on which the 

12 report is submitted under subsection (b) of 

13 such section, all recommendations from the 

14 review, in a manner approved by the Sec15 retary. 

16 ‘‘(ii) REVIEW OF NEW STATE POUL17 TRY INSPECTION PROGRAMS.— 

18 ‘‘(I) REVIEW REQUIREMENT.— 

19 Not later than one year after the date 

20 on which the Secretary approves a 

21 new State poultry inspection program, 

22 the Secretary shall conduct a review 

23 of the new State poultry inspection 

24 program, which shall include— 

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1 ‘‘(aa) a determination of the 

2 effectiveness of the new State 

3 poultry inspection program; and 

4 ‘‘(bb) identification of 

5 changes necessary to ensure en6 forcement of Federal inspection 

7 requirements. 

8 ‘‘(II) IMPLEMENTATION RE9 QUIREMENTS.—In addition to the re10 quirements described in subparagraph 

11 (A), to continue to be an approved 

12 State poultry inspection program, a 

13 new State poultry inspection program 

14 shall implement all recommendations 

15 from the review conducted in accord16 ance with this clause, in a manner ap17 proved by the Secretary. 

18 ‘‘(III) DEFINITION OF NEW

19 STATE POULTRY INSPECTION PRO20 GRAM.—In this clause, the term ‘new 

21 State poultry inspection program’ 

22 means a State poultry inspection pro23 gram that is not approved in accord24 ance with paragraph (1) between the 

25 effective date of the New Markets for 

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1 State-Inspected Meat and Poultry Act 

2 of 2006 and the date that is one year 

3 after the effective date of such Act. 

4 ‘‘(3) COOPERATIVE AGREEMENT.—Notwith5 standing chapter 63 of title 31, United States Code, 

6 the Secretary may enter into a cooperative agree7 ment with a State that— 

8 ‘‘(A) establishes the terms governing the 

9 relationship between the Secretary and the 

10 State poultry inspection program; 

11 ‘‘(B) provides that the State will adopt (in12 cluding adoption by reference) provisions iden13 tical to sections 1 through 4 and 6 through 33 

14 (including the regulations, directives, notices, 

15 policy memoranda, and other regulatory re16 quirements issued under those sections); 

17 ‘‘(C) provides that State-inspected and 

18 passed poultry products may be marked with 

19 the mark of State inspection, which shall be 

20 deemed to be an official mark, in accordance 

21 with requirements issued by the Secretary; 

22 ‘‘(D) provides that the State will comply 

23 with all labeling requirements issued by the 

24 Secretary governing poultry products inspected 

25 under the State poultry inspection program; 

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1 ‘‘(E) provides that the Secretary shall have 

2 authority— 

3 ‘‘(i) to detain and seize poultry and 

4 poultry products under the State poultry 

5 inspection program; 

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

7 records, and poultry products of any per8 son that slaughters, processes, handles, 

9 stores, transports, or sells poultry products 

10 inspected under the State poultry inspec11 tion program to determine compliance with 

12 this Act (including the regulations issued 

13 under this Act); and 

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

15 any activity authorized to be conducted by 

16 the Secretary under this Act (including the 

17 regulations issued under this Act); and 

18 ‘‘(F) includes such other terms as the Sec19 retary determines to be necessary to ensure 

20 that the actions of the State and the State 

21 poultry inspection program are consistent with 

22 this Act (including the regulations, directives, 

23 notices, policy memoranda, and other regulatory 

24 requirements issued under this Act). 

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

2 After the date that is 90 days after the effective 

3 date of the New Markets for State-Inspected Meat 

4 and Poultry Act of 2006, establishments with more 

5 than 50 employees may not be accepted into a State 

6 meat inspection program. Any establishment that is 

7 subject to state inspection on such date may remain 

8 subject to state inspection. 

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

10 Secretary may reimburse a State for not more than 

11 60 percent of the State’s costs of meeting the Fed12 eral requirements for the State poultry inspection 

13 program. 

14 ‘‘(6) SAMPLING.—A duly authorized representa15 tive of the Secretary shall be afforded access to 

16 State inspected establishments to take reasonable 

17 samples of their inventory upon payment of the fair 

18 market value therefor. 

19 ‘‘(7) NONCOMPLIANCE.—If the Secretary deter20 mines that a State poultry inspection program does 

21 not comply with this section, section 5A, or the co22 operative agreement under paragraph (3), the Sec23 retary shall take such action as the Secretary deter24 mines to be necessary to ensure that the poultry 

25 products in the State are inspected in a manner that 

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1 effectuates this Act (including the regulations, direc2 tives, notices, policy memoranda, and other regu3 latory requirements issued under this Act). 

4 ‘‘(d) ANNUAL REVIEW.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall develop 

6 and implement a process to annually review each 

7 State poultry inspection program approved under 

8 this section and to certify the State poultry inspec9 tion programs that comply with the cooperative 

10 agreement entered into with the State under sub11 section (c)(3). 

12 ‘‘(2) COMMENT FROM INTERESTED PARTIES.— 

13 In developing the review process described in para14 graph (1), the Secretary shall solicit comment from 

15 interested parties. 

16 ‘‘(e) FEDERAL INSPECTION OPTION.— 

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

18 that operates in a State with an approved State 

19 poultry inspection program may apply for inspection 

20 under the State poultry inspection program or for 

21 Federal inspection. 

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

23 shall not make an application under paragraph (1) 

24 more than once every 4 years. 

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1 ‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY IN2 SPECTION ACTIVITIES. 

3 ‘‘(a) AUTHORITY TO TAKE OVER STATE POULTRY

4 INSPECTION PROGRAMS.— 

5 ‘‘(1) NOTIFICATION.—If the Secretary has rea6 son to believe that a State is not in compliance with 

7 this Act (including the regulations, directives, no8 tices, policy memoranda, and other regulatory re9 quirements issued under this Act) or the cooperative 

10 agreement under section 5(c)(3) and is considering 

11 the revocation or temporary suspension of the ap12 proval of the State poultry inspection program, the 

13 Secretary shall promptly notify and consult with the 

14 Governor of the State. 

15 ‘‘(2) SUSPENSION AND REVOCATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary may re17 voke or temporarily suspend the approval of a 

18 State poultry inspection program and take over 

19 a State poultry inspection program if the Sec20 retary determines that the State poultry inspec21 tion program is not in compliance with this Act 

22 (including the regulations, directives, notices, 

23 policy memoranda, and other regulatory re24 quirements issued under this Act) or the coop25 erative agreement. 

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1 ‘‘(B) PROCEDURES FOR REINSTATE2 MENT.—A State poultry inspection program 

3 that has been the subject of a revocation may 

4 be reinstated as an approved State poultry in5 spection program under this Act only in accord6 ance with the procedures under section 

7 5(c)(2)(B)(ii). 

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

9 or temporarily suspends the approval of a State 

10 poultry inspection program in accordance with para11 graph (2), the Secretary shall publish notice of the 

12 revocation or temporary suspension under that para13 graph in the Federal Register. 

14 ‘‘(4) INSPECTION OF ESTABLISHMENTS.—Not 

15 later than 30 days after the date of publication of 

16 a determination under paragraph (3), an official es17 tablishment subject to a State poultry inspection 

18 program with respect to which the Secretary makes 

19 a determination under paragraph (2) shall be in20 spected by the Secretary. 

21 ‘‘(b) EXPEDITED AUTHORITY TO TAKE OVER IN22 SPECTION OF STATE-INSPECTED OFFICIAL ESTABLISH23 MENTS.—Notwithstanding any other provision of this 

24 title, if the Secretary determines that an official establish25 ment operating under a State poultry inspection program 

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1 is not operating in accordance with this Act (including the 

2 regulations, directives, notices, policy memoranda, and 

3 other regulatory requirements issued under this Act) or 

4 the cooperative agreement under section 5(c)(3), and the 

5 State, after notification by the Secretary to the Governor, 

6 has not taken appropriate action within a reasonable time 

7 as determined by the Secretary, the Secretary may imme8 diately determine that the official establishment is an es9 tablishment that shall be inspected by the Secretary, until 

10 such time as the Secretary determines that the State will 

11 meet the requirements of this Act (including the regula12 tions, directives, notices, policy memoranda, and other reg13 ulatory requirements) and the cooperative agreement with 

14 respect to the official establishment.’’. 

15 (b) RESTAURANTS AND RETAIL STORES, ACCEPT16 ANCE OF INTERSTATE SHIPMENTS OF POULTRY PROD17 UCTS, AND ADVISORY COMMITTEES FOR FEDERAL AND

18 STATE PROGRAMS.—The Poultry Products Inspection Act 

19 (21 U.S.C. 451 et seq.) is amended by inserting after sec20 tion 30 the following: 

21 ‘‘SEC. 31. RESTAURANTS AND RETAIL STORES. 

22 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

23 REQUIREMENTS.—The provisions of this Act requiring in24 spection of the slaughter of poultry and the processing of 

25 poultry products shall not apply to operations of types tramstockstill on PROD1PC66 with BILLS

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1 ditionally and usually conducted at retail stores and res2 taurants, if the operations are conducted at a retail store, 

3 restaurant, or similar retail establishment for sale of such 

4 prepared articles in normal retail quantities or for service 

5 of the articles to consumers at such an establishment. 

6 ‘‘(b) CENTRAL KITCHEN FACILITIES.— 

7 ‘‘(1) IN GENERAL.—For the purposes of this 

8 section, operations conducted at a central kitchen fa9 cility of a restaurant shall be considered to be con10 ducted at a restaurant if the central kitchen of the 

11 restaurant prepares poultry products that are ready 

12 to eat when they leave the facility and are served in 

13 meals or as entrees only to customers at restaurants 

14 owned or operated by the same person that owns or 

15 operates the facility. 

16 ‘‘(2) EXCEPTION.—A facility described in para17 graph (1) shall be subject to section 11(b) and may 

18 be subject to the inspection requirements of this Act 

19 for as long as the Secretary determines to be nec20 essary, if the Secretary determines that the sanitary 

21 conditions or practices of the facility or the proc22 essing procedures or methods at the facility are such 

23 that any of the poultry products of the facility are 

24 rendered adulterated. 

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1 ‘‘SEC. 32. 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. 33. 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 SEC. 4. REGULATIONS. 

17 Not later than 180 days after the date of the enact18 ment of this Act, the Secretary of Agriculture shall pro19 mulgate such regulations as are necessary to implement 

20 the amendments made by sections 2 and 3. 

21 SEC. 5. EFFECTIVE DATE. 

22 The amendments made by sections 2 and 3 shall take 

23 effect on the date that is 180 days after the date of the 

24 enactment of this Act. 

Æ 

mstockstill on PROD1PC66 with BILLS