II 

118TH CONGRESS 

1ST SESSION S. 846 

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow the interstate sale of State-inspected meat and poultry, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2023 

Mr. ROUNDS (for himself, Mr. KING, Mr. CRAMER, Mr. DAINES, Mr. BARRASSO, Mr. GRASSLEY, Mr. TESTER, Ms. SMITH, Ms. LUMMIS, Mr. 

THUNE, and Mr. HOEVEN) introduced the following bill; which was read 

twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Meat Inspection Act and the Poultry 

Products Inspection Act to allow the interstate sale of 

State-inspected meat and poultry, 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 2023’’. 


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1 SEC. 2. STATE-INSPECTED MEAT. 

2 Section 301 of the Federal Meat Inspection Act (21 

3 U.S.C. 661) is amended— 

4 (1) by striking the section designation and in5 serting the following: 

6 ‘‘SEC. 301. SALE OF INSPECTED MEAT AND MEAT FOOD 

7 PRODUCTS.’’; 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘In furtherance of this pol10 icy’’ in the matter preceding paragraph (1) and 

11 all that follows through ‘‘(1) The Secretary’’ in 

12 paragraph (1) and inserting the following: 

13 ‘‘(B) STATE PROGRAMS.— 

14 ‘‘(i) IN GENERAL.—The Secretary’’; 

15 (B) by striking ‘‘(a) It is’’ and inserting 

16 the following: 

17 ‘‘(a) STATE MEAT INSPECTION PROGRAM.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) POLICY.—It is’’; and 

20 (C) in paragraph (1)(B) (as so des21 ignated)— 

22 (i) in clause (i) (as so designated), by 

23 striking ‘‘solely for distribution within such 

24 State’’ and inserting ‘‘for distribution’’; 

25 and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(ii) INTERSTATE COMMERCE.— 

4 ‘‘(I) IN GENERAL.—Notwith5 standing any other provision of this 

6 Act, the Secretary may allow the ship7 ment in interstate commerce of car8 casses, parts of carcasses, meat, and 

9 meat food products inspected under 

10 the State meat inspection program de11 scribed in clause (i). 

12 ‘‘(II) ACCEPTANCE OF INTER13 STATE SHIPMENTS OF MEAT AND

14 MEAT FOOD PRODUCTS.—Notwith15 standing any provision of State law, a 

16 State or local government shall not 

17 prohibit or restrict the movement or 

18 sale of meat or meat food products 

19 that have been inspected and passed 

20 in accordance with this Act for inter21 state commerce.’’; 

22 (3) in subsection (b), by striking ‘‘(b) The ap23 propriate’’ and inserting the following: 

24 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro25 priate’’; 


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1 (4) in subsection (c)— 

2 (A) by striking ‘‘(c)(1) If the Secretary’’ 

3 and inserting the following: 

4 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE5 MENTS.— 

6 ‘‘(1) DESIGNATION OF STATES.— 

7 ‘‘(A) IN GENERAL.—If the Secretary’’; 

8 (B) in paragraph (1) (as so designated)— 

9 (i) in subparagraph (A) (as so des10 ignated)— 

11 (I) in the first sentence, by strik12 ing ‘‘solely for distribution within 

13 such State’’ and inserting ‘‘for dis14 tribution’’; and 

15 (II) in the second sentence, by 

16 striking ‘‘If the Secretary’’ and insert17 ing the following: 

18 ‘‘(B) DESIGNATION OF STATES.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided under clause (ii), if the Secretary’’; 

21 (ii) in subparagraph (B) (as so des22 ignated)— 

23 (I) in clause (i) (as so des24 ignated)— 


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1 (aa) in the first sentence, by 

2 striking ‘‘wholly’’; and 

3 (bb) by striking ‘‘State; Pro4 vided, That if’’ and inserting the 

5 following: ‘‘State. 

6 ‘‘(ii) EXCEPTION.—If’’; and 

7 (II) in clause (ii) (as so des8 ignated)— 

9 (aa) in the first sentence— 

10 (AA) by striking ‘‘such 

11 designation’’ and inserting 

12 ‘‘a designation made under 

13 clause (i)’’; and 

14 (BB) by striking ‘‘he’’ 

15 each place it appears and in16 serting ‘‘the Secretary’’; and 

17 (bb) in the second sentence, 

18 by striking ‘‘The Secretary shall’’ 

19 and inserting the following: 

20 ‘‘(C) PUBLICATION OF DESIGNATION.— 

21 The Secretary shall’’; 

22 (iii) in subparagraph (C) (as so des23 ignated)— 

24 (I) in the first sentence— 


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1 (aa) by striking ‘‘if such’’; 

2 and 

3 (bb) by striking ‘‘were’’ 

4 after ‘‘transactions’’; and 

5 (II) in the second sentence, by 

6 striking ‘‘Thereafter, upon request’’ 

7 and inserting the following: 

8 ‘‘(D) REVOCATION OF DESIGNATION.—On 

9 request’’; 

10 (iv) in subparagraph (D) (as so des11 ignated)— 

12 (I) in the first sentence, by strik13 ing ‘‘such designation’’ and inserting 

14 ‘‘a designation made under subpara15 graph (B)(i)’’; and 

16 (II) by striking ‘‘title IV of this 

17 Act: And provided further, That, not18 withstanding’’; and inserting the fol19 lowing: ‘‘title IV. 

20 ‘‘(E) ADULTERATED MEAT OR MEAT FOOD

21 PRODUCT.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding’’; 

23 and 

24 (v) in subparagraph (E) (as so des25 ignated)— 


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1 (I) in clause (i) (as so des2 ignated)— 

3 (aa) in the first sentence— 

4 (AA) by striking ‘‘with5 in such State’’; and 

6 (BB) by striking ‘‘sec7 tion 301 of the Act’’ and in8 serting ‘‘this section’’; and 

9 (bb) in the second sentence, 

10 by striking ‘‘If the State’’ and in11 serting the following: 

12 ‘‘(ii) ENFORCEMENT.—If the State’’; 

13 and 

14 (II) in clause (ii) (as so des15 ignated), by striking ‘‘as though en16 gaged in commerce’’; 

17 (C) in paragraph (2), by striking ‘‘(2) The 

18 provisions’’ and inserting the following: 

19 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi20 sions’’; 

21 (D) in paragraph (3)— 

22 (i) by striking ‘‘(3) Whenever’’ and in23 serting the following: 

24 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 


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1 (ii) by striking ‘‘he’’ and inserting 

2 ‘‘the Secretary’’; and 

3 (E) in paragraph (4), by striking ‘‘(4) The 

4 Secretary’’ and inserting the following: 

5 ‘‘(4) REPORT.—The Secretary’’; and 

6 (5) in subsection (d), by striking ‘‘(d) As used 

7 in’’ and inserting the following: 

8 ‘‘(d) DEFINITION OF STATE.—In’’. 

9 SEC. 3. STATE-INSPECTED POULTRY PRODUCTS. 

10 Section 5 of the Poultry Products Inspection Act (21 

11 U.S.C. 454) is amended— 

12 (1) by striking the section heading and designa13 tion and inserting the following: 

14 ‘‘SEC. 5. SALE OF INSPECTED POULTRY PRODUCTS.’’; 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘In furtherance of this pol17 icy’’ in the matter preceding paragraph (1) and 

18 all that follows through ‘‘(1) The Secretary’’ in 

19 paragraph (1) and inserting the following: 

20 ‘‘(B) STATE PROGRAMS.— 

21 ‘‘(i) IN GENERAL.—The Secretary’’; 

22 (B) by striking ‘‘(a) It is’’ and inserting 

23 the following: 

24 ‘‘(a) STATE POULTRY PRODUCT INSPECTION PRO25 GRAM.— 


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•S 846 IS

1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) POLICY.—It is’’; and 

3 (C) in paragraph (1)(B) (as so des4 ignated)— 

5 (i) in clause (i) (as so designated), by 

6 striking ‘‘solely for distribution within such 

7 State’’ and inserting ‘‘for distribution’’; 

8 and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(ii) INTERSTATE COMMERCE.— 

12 ‘‘(I) IN GENERAL.—Notwith13 standing any other provision of this 

14 Act, the Secretary may allow the ship15 ment in interstate commerce of poul16 try products inspected under the State 

17 poultry product inspection program 

18 described in clause (i). 

19 ‘‘(II) ACCEPTANCE OF INTER20 STATE SHIPMENTS OF POULTRY

21 PRODUCTS.—Notwithstanding any 

22 provision of State law, a State or local 

23 government shall not prohibit or re24 strict the movement or sale of poultry 

25 products that have been inspected and 


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•S 846 IS

1 passed in accordance with this Act for 

2 interstate commerce.’’; 

3 (3) in subsection (b), by striking ‘‘(b) The ap4 propriate’’ and inserting the following: 

5 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro6 priate’’; 

7 (4) in subsection (c)— 

8 (A) by striking ‘‘(c)(1) If the Secretary’’ 

9 and inserting the following: 

10 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE11 MENTS.— 

12 ‘‘(1) DESIGNATION OF STATES.— 

13 ‘‘(A) IN GENERAL.—If the Secretary’’; 

14 (B) in paragraph (1) (as so designated)— 

15 (i) in subparagraph (A) (as so des16 ignated)— 

17 (I) in the first sentence, by strik18 ing ‘‘solely for distribution within 

19 such State’’ and inserting ‘‘for dis20 tribution’’; and 

21 (II) in the second sentence, by 

22 striking ‘‘If the Secretary’’ and insert23 ing the following: 

24 ‘‘(B) DESIGNATION OF STATES.— 


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•S 846 IS

1 ‘‘(i) IN GENERAL.—Except as pro2 vided under clause (ii), if the Secretary’’; 

3 (ii) in subparagraph (B) (as so des4 ignated)— 

5 (I) in clause (i) (as so des6 ignated)— 

7 (aa) in the first sentence, by 

8 striking ‘‘wholly’’; and 

9 (bb) by striking ‘‘State: Pro10 vided, That if’’ and inserting the 

11 following: ‘‘State. 

12 ‘‘(ii) EXCEPTION.—If’’; and 

13 (II) in clause (ii) (as so des14 ignated)— 

15 (aa) in the first sentence— 

16 (AA) by striking ‘‘such 

17 designation’’ and inserting 

18 ‘‘a designation made under 

19 clause (i)’’; and 

20 (BB) by striking ‘‘he’’ 

21 each place it appears and in22 serting ‘‘the Secretary’’; and 

23 (bb) in the second sentence, 

24 by striking ‘‘The Secretary shall’’ 

25 and inserting the following: 


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•S 846 IS

1 ‘‘(C) PUBLICATION OF DESIGNATION.— 

2 The Secretary shall’’; 

3 (iii) in subparagraph (C) (as so des4 ignated)— 

5 (I) in the first sentence— 

6 (aa) by striking ‘‘if such’’; 

7 and 

8 (bb) by striking ‘‘were’’ 

9 after ‘‘transactions’’; and 

10 (II) in the second sentence, by 

11 striking ‘‘However, notwithstanding’’ 

12 and inserting the following: 

13 ‘‘(D) ADULTERATED POULTRY PROD14 UCT.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding’’; 

16 and 

17 (iv) in subparagraph (D) (as so des18 ignated)— 

19 (I) in clause (i) (as so des20 ignated)— 

21 (aa) in the first sentence— 

22 (AA) by striking ‘‘with23 in such State’’; and 

24 (BB) by striking ‘‘sub25 paragraph (a)(4) of this secVerDate Sep 11 2014 01:20 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S846.IS S846

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1 tion’’ and inserting ‘‘sub2 section (a)(4)’’; and 

3 (bb) in the second sentence, 

4 by striking ‘‘If the State’’ and in5 serting the following: 

6 ‘‘(ii) ENFORCEMENT.—If the State’’; 

7 and 

8 (II) in clause (ii) (as so des9 ignated), by striking ‘‘as though en10 gaged in commerce’’; 

11 (C) in paragraph (2), by striking ‘‘(2) The 

12 provisions’’ and inserting the following: 

13 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi14 sions’’; 

15 (D) in paragraph (3), by striking ‘‘(3) 

16 Whenever’’ and inserting the following: 

17 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 

18 (E) in paragraph (4), by striking ‘‘(4) The 

19 Secretary’’ and inserting the following: 

20 ‘‘(4) REPORT.—The Secretary’’; and 

21 (5) in subsection (d), by striking ‘‘(d) As used 

22 in’’ and inserting the following: 

23 ‘‘(d) DEFINITION OF STATE.—In’’. 

Æ 


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