II

103D CONGRESS

2D SESSION S. 2062

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit the movement in interstate commerce of meat and

meat food products and poultry products that satisfy State inspection

requirements that are at least equal to Federal inspection standards,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 3 (legislative day, MAY 2), 1994

Mr. INOUYE 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 permit the movement in interstate commerce of meat and meat food products and

poultry products that satisfy State inspection requirements that are at least equal to Federal inspection standards, 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 ‘‘Meat and Poultry

5 Products Inspection Amendments of 1994’’.
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1 SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE

2 FEDERAL MEAT INSPECTION ACT.

3 (a) REMOVAL OF INTRASTATE DISTRIBUTION LIMI4 TATION.—Section 301(a)(1) of the Federal Meat Inspec5 tion Act (21 U.S.C. 661(a)(1)) is amended by striking

6 ‘‘solely for distribution within such State’’.

7 (b) USE OF STATE INSPECTORS.—Section 301(a) of

8 such Act (21 U.S.C. 661(a)) is amended by adding at the

9 end the following new paragraph:

10 ‘‘(5) In addition to appointing inspectors under

11 section 21, the Secretary may enter into an agree12 ment with a State or the District of Columbia to uti13 lize an officer or employee of the State or the Dis14 trict of Columbia to conduct any examination, inves15 tigation, or inspection authorized under this Act, if

16 the Secretary determines that it is practicable for

17 the examination, investigation, or inspection to be so

18 conducted.’’.

19 (c) TERMINATION OF DESIGNATION OF STATE AS

20 SUBJECT TO FEDERAL INSPECTION FOR INTRASTATE

21 DISTRIBUTION.—Section 301(c)(3) of such Act (21

22 U.S.C. 661(c)(3)) is amended by striking ‘‘, with respect

23 to the operations and transactions within such State which

24 are regulated under subparagraph (1), he’’ and inserting

25 ‘‘with respect to each establishment within the jurisdiction

26 of the State that does not operate under Federal inspec-
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1 tion under title I and at which any cattle, sheep, swine,

2 goat, or equine is slaughtered, or the carcass of the ani3 mal, or a part or product of the carcass of the animal,

4 is prepared, for use as human food, and with respect to

5 the distribution of each carcass, part of a carcass, meat,

6 or meat food product of the animal within the State, the

7 Secretary’’.

8 (d) EXPANSION OF STATE INSPECTION AUTHOR9 ITY.—Section 301 of such Act (21 U.S.C. 661) is amend10 ed—

11 (1) by redesignating subsection (d) as sub12 section (e); and

13 (2) by inserting after subsection (c) the follow14 ing new subsection:

15 ‘‘(d)(1) Except as provided in paragraph (2), a car16 cass, part of a carcass, meat, or meat food product of a

17 cattle, sheep, swine, goat, or equine prepared under State

18 inspection in a State (other than a State designated under

19 subsection (c)) in compliance with the meat inspection law

20 of the State shall be eligible for sale or transportation in

21 interstate commerce, and for entry into and use in the

22 preparation of a product in an establishment at which

23 Federal inspection is maintained under title I, in the same

24 manner and to the same extent as a product prepared at

25 the establishment.
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1 ‘‘(2) A State-inspected article described in paragraph

2 (1), and a federally inspected article prepared (in whole

3 or in part) from the State-inspected article—

4 ‘‘(A) shall not be eligible for sale or transpor5 tation in foreign commerce; and

6 ‘‘(B) shall be separated at all times from all

7 other federally inspected articles in a federally in8 spected establishment that engages in the prepara9 tion, sale, or transportation of carcasses, parts of

10 carcasses, meat, or meat food products, for foreign

11 commerce.

12 ‘‘(3) Each carcass, part of a carcass, meat, or meat

13 food product that is inspected in a program of inspection

14 in a State (other than a State designated under subsection

15 (c)) pursuant to State law shall be identified as so in16 spected only by an official mark that identifies the State

17 and is of such design as the State shall prescribe. A feder18 ally inspected article prepared (in whole or in part) from

19 the State-inspected article shall be identified as so in20 spected only by the same official mark as is prescribed

21 by the Secretary for an article slaughtered or prepared

22 under title I.

23 ‘‘(4) Except as provided in paragraph (5), the opera24 tor of an establishment operated under Federal or State

25 inspection who wishes to transfer to State or Federal in-
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1 spection, as the case may be, may do so only as of October

2 1 of any year. The transfer shall occur only if—

3 ‘‘(A) the operator provides written notice of the

4 intention to transfer to both inspection agencies at

5 least 180 days in advance of the date referred to in

6 the preceding sentence; and

7 ‘‘(B) the Secretary determines that the transfer

8 will effectuate the purposes set forth in section 2

9 and will not adversely affect the stability of the total

10 State and Federal inspection systems.

11 ‘‘(5) The Secretary may permit the operator of an

12 establishment to transfer from State to Federal inspection

13 at any time if the operator presents clear and convincing

14 evidence to the Secretary that the establishment intends

15 to, and will be able to, engage in foreign commerce to a

16 substantial extent in a manner that would require Federal

17 inspection.

18 ‘‘(6) As used in this subsection, the term ‘interstate

19 commerce’ means commerce between States or between a

20 State and the District of Columbia.’’.

21 (e) PROHIBITION ON ADDITIONAL OR DIFFERENT

22 STATE REQUIREMENTS.—Section 408 of such Act (21

23 U.S.C. 678) is amended to read as follows:
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1 ‘‘SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT

2 STATE REQUIREMENTS.

3 ‘‘(a) REQUIREMENTS RELATING TO ESTABLISH4 MENTS.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), a State or Territory or the District of Co7 lumbia may not impose a requirement within the

8 scope of this Act with respect to the premises, facil9 ity, or operation of an establishment at which in10 spection is provided under title I that is in addition

11 to, or different than, a requirement under this Act.

12 ‘‘(2) RECORDKEEPING REQUIREMENTS.—A

13 State or Territory or the District of Columbia may

14 impose a recordkeeping or other requirement within

15 the scope of section 202, if the requirement is con16 sistent with such section, with respect to an estab17 lishment.

18 ‘‘(b) REQUIREMENTS RELATING TO MARKING, LA19 BELING, PACKAGING, AND INGREDIENTS.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), a State or Territory or the District of Co22 lumbia may not impose a marking, labeling, packag23 ing, or ingredient requirement that is in addition to,

24 or different than, a requirement under this Act with

25 respect to an article prepared at an establishment

26 under Federal inspection in accordance with title I
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1 or with respect to an article prepared for commerce

2 at a State-inspected establishment in accordance

3 with section 301(d).

4 ‘‘(2) CONCURRENT JURISDICTION.—A State or

5 territory or the District of Columbia may, consistent

6 with this Act, exercise concurrent jurisdiction with

7 the Secretary over an article distributed in com8 merce or otherwise subject to this Act, for the pur9 pose of preventing the distribution for use as human

10 food of an article that is not in compliance with this

11 Act and is outside of a federally or State-inspected

12 establishment, or in the case of an imported article,

13 that is not at such an establishment, after the entry

14 of the article into the United States.

15 ‘‘(c) EFFECT ON OTHER LAWS.—This Act shall not

16 preclude a State or Territory or the District of Columbia

17 from imposing a requirement or taking any other action,

18 consistent with this Act, with respect to an area regulated

19 under this Act that is not referred to in this section.’’.

20 SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE

21 POULTRY PRODUCTS INSPECTION ACT.

22 (a) REMOVAL OF INTRASTATE DISTRIBUTION LIMI23 TATION.—Section 5(a)(1) of the Poultry Products Inspec24 tion Act (21 U.S.C. 454(a)(1)) is amended by striking

25 ‘‘solely for distribution within such State’’.
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1 (b) USE OF STATE INSPECTORS.—Section 5(a) of

2 such Act (21 U.S.C. 454(a)) is amended by adding at the

3 end the following new paragraph:

4 ‘‘(5) The Secretary may enter into an agree5 ment with a State or the District of Columbia to uti6 lize an officer or employee of the State or the Dis7 trict of Columbia to conduct any examination, inves8 tigation, or inspection authorized under this Act, if

9 the Secretary determines that it is practicable for

10 the examination, investigation, or inspection to be so

11 conducted.’’.

12 (c) TERMINATION OF DESIGNATION OF STATE AS

13 SUBJECT TO FEDERAL INSPECTION FOR INTRASTATE

14 DISTRIBUTION.—Section 5(c)(3) of such Act (21 U.S.C.

15 454(c)(3)) is amended by striking ‘‘, with respect to the

16 operations and transactions within such State which are

17 regulated under subparagraph (1) of this paragraph (c),

18 he’’ and inserting ‘‘with respect to each establishment

19 within the jurisdiction of the State that does not operate

20 under Federal inspection under this Act and at which any

21 poultry is slaughtered, or any poultry product is processed,

22 for use as human food, and with respect to the distribution

23 of each poultry product within the State, the Secretary’’.

24 (d) EXPANSION OF STATE INSPECTION AUTHOR25 ITY.—Section 5 of such Act (21 U.S.C. 454) is amended—
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1 (1) by redesignating subsection (d) as sub2 section (e); and

3 (2) by inserting after subsection (c) the follow4 ing new subsection:

5 ‘‘(d)(1) Except as provided in paragraph (2), a poul6 try product processed under State inspection in a State

7 (other than a State designated under subsection (c)) in

8 compliance with the poultry products inspection law of the

9 State shall be eligible for sale or transportation in inter10 state commerce, and for entry into and use in the prepara11 tion of a product in an establishment at which Federal

12 inspection is maintained under this Act, in the same man13 ner and to the same extent as a poultry product processed

14 at the establishment. A poultry product that complies with

15 the poultry product inspection laws of the State (other

16 than a State designated under subsection (c)) in which

17 the product was processed shall be considered to comply

18 with this Act.

19 ‘‘(2) A State-inspected poultry product described in

20 paragraph (1), and a federally inspected poultry product

21 processed (in whole or in part) from the State-inspected

22 poultry product—

23 ‘‘(A) shall not be eligible for sale or transpor24 tation in foreign commerce; and
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1 ‘‘(B) shall be separated at all times from all

2 other federally inspected poultry products in a feder3 ally inspected establishment that engages in the

4 processing, sale, or transportation of poultry prod5 ucts for foreign commerce.

6 ‘‘(3) A poultry product that is inspected in a program

7 of inspection in a State (other than a State designated

8 under subsection (c)) pursuant to State law shall be iden9 tified as so inspected only by an official mark that identi10 fies the State and is of such design as the State shall pre11 scribe. A federally inspected poultry product processed (in

12 whole or in part) from a State-inspected poultry product

13 shall be identified as so inspected only by the same official

14 mark as is prescribed by the Secretary for a poultry prod15 uct processed under this Act (other than this section or

16 section 11).

17 ‘‘(4) Except as provided in paragraph (5), the opera18 tor of an establishment operated under Federal or State

19 inspection who wishes to transfer to State or Federal in20 spection, as the case may be, may do so only as of October

21 1 of any year. The transfer shall occur only if—

22 ‘‘(A) the operator provides written notice of the

23 intention to transfer to both inspection agencies at

24 least 180 days in advance of the date referred to in

25 the preceding sentence; and
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1 ‘‘(B) the Secretary determines that the transfer

2 will effectuate the legislative policy set forth in sec3 tion 3 and will not adversely affect the stability of

4 the total Federal and State inspection systems.

5 ‘‘(5) The Secretary may permit the operator of an

6 establishment to transfer from State to Federal inspection

7 at any time if the operator presents clear and convincing

8 evidence to the Secretary that the establishment intends

9 to, and will be able to, engage in foreign commerce to a

10 substantial extent in a manner that would require Federal

11 inspection.

12 ‘‘(6) As used in this subsection, the term ‘interstate

13 commerce’ means commerce between States or between a

14 State and the District of Columbia.’’.

15 (e) PROHIBITION ON ADDITIONAL OR DIFFERENT

16 STATE REQUIREMENTS.—Section 23 of such Act (21

17 U.S.C. 467e) is amended to read as follows:

18 ‘‘SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT

19 STATE REQUIREMENTS.

20 ‘‘(a) REQUIREMENTS RELATING TO ESTABLISH21 MENTS.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), a State or territory or the District of Co24 lumbia may not impose a requirement within the

25 scope of this Act with respect to the premises, facil-
12

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1 ity, or operation of an official establishment, that is

2 in addition to, or different than, a requirement

3 under this Act.

4 ‘‘(2) RECORDKEEPING REQUIREMENTS.—A

5 State or territory or the District of Columbia may

6 impose a recordkeeping or other requirement within

7 the scope of section 11(b), if the requirement is con8 sistent with such section, with respect to an estab9 lishment.

10 ‘‘(b) REQUIREMENTS RELATING TO MARKING, LA11 BELING, PACKAGING, AND INGREDIENTS.—

12 ‘‘(1) IN GENERAL.—A State or territory or the

13 District of Columbia may not impose—

14 ‘‘(A) except as provided in paragraph (2),

15 a marking, labeling, packaging, or ingredient

16 requirement that is in addition to, or different

17 than, a requirement under this Act with respect

18 to an article prepared at an establishment

19 under Federal inspection in accordance with

20 this Act or with respect to an article prepared

21 for commerce at a State-inspected establish22 ment in accordance with section 5(d); or

23 ‘‘(B) any other storage or handling re24 quirement found by the Secretary to unduly
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1 interfere with the free flow of any poultry prod2 uct in commerce.

3 ‘‘(2) CONCURRENT JURISDICTION.—A State or

4 territory or the District of Columbia may, consistent

5 with this Act, exercise concurrent jurisdiction with

6 the Secretary over an article distributed in com7 merce or otherwise subject to this Act, for the pur8 pose of preventing the distribution for use as human

9 food of any article that is not in compliance with

10 this Act and is outside of a federally or State-in11 spected establishment, or in the case of an imported

12 article, that is not at such an establishment, after

13 the entry of the article into the United States.

14 ‘‘(c) EFFECT ON OTHER LAWS.—This Act shall not

15 preclude a State or territory or the District of Columbia

16 from imposing a requirement or taking any other action,

17 consistent with this Act, with respect to an area regulated

18 under this Act that is not referred to in this section.’’.

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