II

106TH CONGRESS

1ST SESSION S. 1988

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19, 1999

Mr. DASCHLE (for himself, Mr. HATCH, Mr. BROWNBACK, Mr. HARKIN, Mr.

JOHNSON, Mr. DORGAN, Mr. BAUCUS, Mr. CONRAD, Mr. BINGAMAN, Mr.

VOINOVICH, and Mr. BURNS) 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 ‘‘New Markets for State-Inspected Meat Act of 1999’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Review of State meat and poultry inspection programs.

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 interstate inspection programs.

1 SEC. 2. REVIEW OF STATE MEAT AND POULTRY INSPEC2 TION PROGRAMS.

3 (a) IN GENERAL.—Not later than September 30,

4 2001, the Secretary of Agriculture shall conduct a com5 prehensive review of each State meat and poultry inspec6 tion program, which shall include—

7 (1) a determination of the effectiveness of the

8 State program; and

9 (2) identification of changes that are necessary

10 to enable future transition to a State program of en11 forcing Federal inspection requirements as described

12 in the amendments made by sections 102 and 202.

13 (b) COMMENT FROM INTERESTED PARTIES.—In de14 signing the review described in subsection (a), the Sec15 retary of Agriculture shall, to the maximum extent prac16 ticable, obtain comment from interested parties.

17 (c) FUNDING.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated such sums as are necessary to carry

3 out this section.

4 (2) AVAILABLE FUNDS.—Notwithstanding any

5 other provision of law, only funds specifically appro6 priated under paragraph (1) may be used to carry

7 out this section.

8 TITLE I—MEAT INSPECTION

9 SEC. 101. FEDERAL AND STATE COOPERATION ON MEAT IN10 SPECTION FOR INTRASTATE DISTRIBUTION.

11 (a) REDESIGNATION.—

12 (1) IN GENERAL.—The Federal Meat Inspec13 tion Act is amended—

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

15 661 et seq.) as title V and moving that title to

16 the end of that Act;

17 (B) by redesignating section 301 (21

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

19 (C) in title V (as redesignated by subpara20 graph (A)), by striking the title heading and in21 serting the following:
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1 ‘‘TITLE V—FEDERAL AND STATE

2 COOPERATION ON MEAT IN3 SPECTION FOR INTRASTATE

4 DISTRIBUTION’’;

5 and

6 (D) in the fourth sentence of section

7 501(c)(1) (as redesignated by subparagraph

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

9 inserting ‘‘subsection (a)(4)’’.

10 (2) CONFORMING AMENDMENTS.—

11 (A) Section 7(c) of the Federal Meat In12 spection Act (21 U.S.C. 607(c)) is amended in

13 the second sentence by striking ‘‘section 301 of

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

15 (B) Section 24 of the Federal Meat In16 spection Act (21 U.S.C. 624) is amended in the

17 last sentence by striking ‘‘section 301 of this

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

19 (C) Section 205 of the Federal Meat In20 spection Act (21 U.S.C. 645) is amended by

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

22 ‘‘section 501(a)(4)’’.

23 (3) EFFECTIVE DATE.—This subsection takes

24 effect on October 1, 2001.

25 (b) REPEAL.—
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1 (1) IN GENERAL.—Title V of the Federal Meat

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

3 repealed.

4 (2) CONFORMING AMENDMENTS.—

5 (A) Section 7(c) of the Federal Meat In6 spection Act (21 U.S.C. 607(c)) (as amended

7 by subsection (a)(2)(A)) is amended in the sec8 ond sentence by striking ‘‘section 501(a)(4)’’

9 and inserting ‘‘section 413’’.

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

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

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

14 inserting ‘‘section 413’’.

15 (C) Section 205 of the Federal Meat In16 spection Act (21 U.S.C. 645) (as amended by

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

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

19 413’’.

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

21 section 302, this subsection takes effect on October

22 1, 2002.
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1 SEC. 102. STATE MEAT INSPECTION PROGRAMS.

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

3 (as amended by section 101(a)(1)(A)) is amended by in4 serting after title II (21 U.S.C. 641 et seq.) the following:

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 issued under those titles); and

23 ‘‘(B) enter into a cooperative agreement

24 with the Secretary in accordance with sub25 section (c).
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1 ‘‘(2) ADDITIONAL REQUIREMENTS.—

2 ‘‘(A) IN GENERAL.—In addition to the re3 quirements specified in paragraph (1), a State

4 meat inspection program reviewed in accord5 ance with section 2 of the Federal Meat and

6 Poultry State Inspection Requirements Act of

7 1999 shall implement, not later than October 1,

8 2002, all recommendations from the review, in

9 a manner approved by the Secretary.

10 ‘‘(B) REVIEW OF NEW STATE MEAT IN11 SPECTION PROGRAMS.—

12 ‘‘(i) DEFINITION OF NEW STATE

13 MEAT INSPECTION PROGRAM.—In this sub14 paragraph, the term ‘new State meat in15 spection program’ means a State meat in16 spection program that is not approved in

17 accordance with subsection (a) between Oc18 tober 1, 2001, and September 30, 2002.

19 ‘‘(ii) REVIEW REQUIREMENT.—Not

20 later than 1 year after the date on which

21 the Secretary approves a new State meat

22 inspection program, the Secretary shall

23 conduct a comprehensive review of the new

24 State meat inspection program, which shall

25 include—
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1 ‘‘(I) a determination of the effec2 tiveness of the new State meat inspec3 tion program; and

4 ‘‘(II) identification of changes

5 necessary to ensure enforcement of

6 Federal inspection requirements.

7 ‘‘(iii) IMPLEMENTATION REQUIRE8 MENTS.—In addition to the requirements

9 specified in paragraph (1), to continue to

10 be an approved State meat inspection pro11 gram, a new State meat inspection pro12 gram shall implement all recommendations

13 from the review conducted in accordance

14 with this subparagraph, in a manner ap15 proved by the Secretary.

16 ‘‘(c) COOPERATIVE AGREEMENT.—Notwithstanding

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

18 may enter into a cooperative agreement with a State that

19 establishes the terms governing the relationship between

20 the Secretary and the State meat inspection program and

21 provides for the following:

22 ‘‘(1) PROVISIONS CONSISTENT WITH THIS

23 ACT.—The State will adopt (including adoption by

24 reference) provisions identical to titles I, II, and IV

25 (including the regulations issued under those titles).
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1 ‘‘(2) MARKING OF PRODUCT.—

2 ‘‘(A) OFFICIAL MARKS.—State-inspected

3 and passed meat and meat food products will be

4 marked under the supervision of a State inspec5 tor with the official mark and be deemed to

6 have been inspected by the Secretary for the

7 purposes of this Act and to have passed the in8 spection.

9 ‘‘(B) ADDITIONAL MARKS.—In addition to

10 the official mark, State-inspected and passed

11 meat and meat food products may be marked

12 with the mark of State inspection, in accord13 ance with requirements issued by the Secretary.

14 ‘‘(3) LABELING REQUIREMENTS.—The State

15 will comply with all labeling requirements issued by

16 the Secretary governing meat and meat food prod17 ucts inspected under the State meat inspection pro18 gram.

19 ‘‘(4) AUTHORITY OF THE SECRETARY.—The

20 Secretary shall have authority—

21 ‘‘(A) to detain and seize livestock, car22 casses, parts of carcasses, meat, and meat food

23 products under the State meat inspection pro24 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).

14 ‘‘(5) OTHER TERMS.—The cooperative agree15 ment shall include such other terms as the Secretary

16 determines to be necessary to ensure that the ac17 tions of the State and the State meat inspection pro18 gram are consistent with this Act (including the reg19 ulations issued under this Act).

20 ‘‘(d) ADDITIONAL REQUIREMENTS.—

21 ‘‘(1) IN GENERAL.—A State may impose addi22 tional requirements on establishments under the

23 State meat inspection program, as approved by the

24 Secretary.
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1 ‘‘(2) RESTRICTION ON ESTABLISHMENT SIZE.—

2 The Secretary shall authorize a State to establish

3 the maximum size of establishments that the State

4 will accept into the State meat inspection program.

5 ‘‘(e) REIMBURSEMENT OF STATE COSTS.—The Sec6 retary may reimburse the State for not more than 60 per7 cent of the State’s costs of meeting the Federal require8 ments for the State meat inspection program.

9 ‘‘(f) SAMPLING.—

10 ‘‘(1) SALMONELLA SAMPLING AND TESTING.—

11 To the extent that the Secretary requires establish12 ments to meet microbiological performance stand13 ards for Salmonella, the Secretary shall sample and

14 test for Salmonella in establishments subject to in15 spection under the State meat inspection program.

16 ‘‘(2) OTHER SAMPLING AND TESTING.—In ad17 dition to the activities described in paragraph (1),

18 the Secretary may perform other sampling and test19 ing of meat and meat food products in establish20 ments described in that paragraph.

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

22 that a State meat inspection program does not comply

23 with this title or the cooperative agreement under sub24 section (c), the Secretary shall take such action as the Sec25 retary determines to be necessary to ensure that the car-
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1 casses, parts of carcasses, meat, and meat food products

2 in the State are inspected in a manner that effectuates

3 this Act (including the regulations issued under this Act).

4 ‘‘SEC. 303. AUTHORITY TO TAKE OVER STATE MEAT INSPEC5 TION PROGRAMS.

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

7 believe that a State is not in compliance with this Act (in8 cluding the regulations issued under this Act) or the coop9 erative agreement under section 302(c) and is considering

10 the revocation or temporary suspension of the approval of

11 the State meat inspection program, the Secretary shall

12 promptly notify and consult with the Governor of the

13 State.

14 ‘‘(b) SUSPENSION AND REVOCATION.—

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

16 or temporarily suspend the approval of a State meat

17 inspection program and take over a State meat in18 spection program if the Secretary determines that

19 the State meat inspection program is not in compli20 ance with this Act (including the regulations issued

21 under this Act) or the cooperative agreement.

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

23 State meat inspection program that has been the

24 subject of a revocation may be reinstated as an ap25 proved State meat inspection program under this
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1 Act only in accordance with the procedures under

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

3 ‘‘(c) PUBLICATION.—If the Secretary revokes or tem4 porarily suspends the approval of a State meat inspection

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

6 shall publish the determination under that subsection in

7 the Federal Register.

8 ‘‘(d) INSPECTION OF ESTABLISHMENTS.—Upon the

9 expiration of 30 days after the date of publication of a

10 determination under subsection (c), an establishment sub11 ject to a State meat inspection program with respect to

12 which the Secretary makes a determination under sub13 section (b) shall be inspected by the Secretary.

14 ‘‘SEC. 304. EXPEDITED AUTHORITY TO TAKE OVER INSPEC15 TION OF STATE-INSPECTED ESTABLISH16 MENTS.

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

18 the Secretary determines that an establishment operating

19 under a State meat inspection program is not operating

20 in accordance with this Act (including the regulations

21 issued under this Act) or the cooperative agreement under

22 section 302(c), and the State, after notification by the

23 Secretary to the Governor, has not taken appropriate ac24 tion within a reasonable time as determined by the Sec25 retary, the Secretary may immediately determine that the
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1 establishment is an establishment that shall be inspected

2 by the Secretary, until such time as the Secretary deter3 mines that the State will meet the requirements of this

4 Act (including the regulations) and the cooperative agree5 ment with respect to the establishment.

6 ‘‘SEC. 305. ANNUAL REVIEW.

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

8 implement a process to review annually each State meat

9 inspection program approved under this title and to certify

10 the State meat inspection programs that comply with the

11 cooperative agreement entered into with the State under

12 section 302(c).

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

14 designing the review process described in subsection (a),

15 the Secretary shall solicit comment from interested par16 ties.

17 ‘‘SEC. 306. FEDERAL INSPECTION OPTION.

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

19 in a State with an approved State meat inspection pro20 gram may apply for inspection under the State meat in21 spection program or for Federal inspection.

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

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

24 4 years.’’.
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1 (b) RESTAURANTS AND RETAIL STORES.—Title IV

2 of the Federal Meat Inspection Act is amended—

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

4 681) as section 414; and

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

6 680) the following:

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

8 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

9 REQUIREMENTS.—The provisions of this Act requiring in10 spection of the slaughter of animals and the preparation

11 of carcasses, parts of carcasses, meat, and meat food prod12 ucts shall not apply to operations of types traditionally

13 and usually conducted at retail stores and restaurants, if

14 the operations are conducted at a retail store, restaurant,

15 or similar retail establishment for sale of such prepared

16 articles in normal retail quantities or for service of the

17 articles to consumers at such an establishment.

18 ‘‘(b) CENTRAL KITCHEN FACILITIES.—

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

20 section, operations conducted at a central kitchen fa21 cility of a restaurant shall be considered to be con22 ducted at a restaurant if the central kitchen of the

23 restaurant prepares meat or meat food products that

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

25 served in meals or as entrees only to customers at
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1 restaurants owned or operated by the same person,

2 firm, or corporation that owns or operates the facil3 ity.

4 ‘‘(2) EXCEPTION.—A facility described in para5 graph (1) shall be subject to section 202 and may

6 be subject to the inspection requirements of title I

7 for as long as the Secretary determines to be nec8 essary, if the Secretary determines that the sanitary

9 conditions or practices of the facility or the proc10 essing procedures or methods at the facility are such

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

12 facility are rendered adulterated.

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

14 MEAT AND MEAT FOOD PRODUCTS.

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

16 or local government shall not prohibit or restrict the move17 ment or sale of meat or meat food products that have been

18 inspected and passed in accordance with this Act for inter19 state commerce.

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

21 STATE PROGRAMS.

22 ‘‘The Secretary may appoint advisory committees

23 consisting of such representatives of appropriate State

24 agencies as the Secretary and the State agencies may des25 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 (c) EFFECTIVE DATE.—This section takes effect on

4 October 1, 2001.

5 TITLE II—POULTRY INSPECTION

6 SEC. 201. FEDERAL AND STATE COOPERATION ON POUL7 TRY INSPECTION FOR INTRASTATE DIS8 TRIBUTION.

9 (a) REDESIGNATION.—

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

11 Products Inspection Act (21 U.S.C. 454) is redesig12 nated as section 34 and moved to the end of that

13 Act.

14 (2) INTRASTATE PROGRAM.—Section 34 of the

15 Poultry Products Inspection Act (as redesignated by

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

17 heading and inserting the following:

18 ‘‘SEC. 34. FEDERAL AND STATE COOPERATION ON POULTRY

19 INSPECTION FOR INTRASTATE DISTRIBU20 TION.’’.

21 (3) CONFORMING AMENDMENTS.—

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

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

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

25 this Act’’ and inserting ‘‘section 34(a)(4)’’.
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1 (B) Section 11(e) of the Poultry Products

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

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

4 ‘‘section 34(a)(4)’’.

5 (4) EFFECTIVE DATE.—This subsection takes

6 effect on October 1, 2001.

7 (b) REPEAL.—

8 (1) IN GENERAL.—Section 34 of the Poultry

9 Products Inspection Act (as redesignated by sub10 section (a)(1)) is repealed.

11 (2) CONFORMING AMENDMENTS.—

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

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

14 by subsection (a)(3)(A)) is amended in the sec15 ond sentence by striking ‘‘section 34(a)(4)’’ and

16 inserting ‘‘section 33’’.

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

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

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

20 ‘‘section 34(a)(4)’’ and inserting ‘‘section 33’’.

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

22 section 302, this subsection takes effect on October

23 1, 2002.
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1 SEC. 202. STATE POULTRY INSPECTION PROGRAMS.

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

3 Act (21 U.S.C. 451 et seq.) (as amended by section

4 201(a)(1)) is amended by inserting after section 4 the fol5 lowing:

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

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

8 the public from poultry products that are adulterated or

9 misbranded and to assist in efforts by State and other gov10 ernment agencies to accomplish that policy.

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

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

13 of poultry products throughout the United States

14 would be better served if a consistent set of require15 ments, established by the Federal Government, were

16 applied to all poultry products, whether produced

17 under State inspection or Federal inspection;

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

19 poultry inspection programs would function together

20 to create a seamless inspection system to ensure

21 food safety and inspire consumer confidence in the

22 food supply in interstate commerce; and

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

24 State poultry inspection programs, which should

25 help to foster the viability of small official establish26 ments.
21

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1 ‘‘(c) APPROVAL OF STATE POULTRY INSPECTION

2 PROGRAMS.—

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

4 provision of this Act, the Secretary may approve a

5 State poultry inspection program and allow the ship6 ment in commerce of poultry products inspected

7 under the State poultry inspection program in ac8 cordance with this section and section 5A.

9 ‘‘(2) ELIGIBILITY.—

10 ‘‘(A) IN GENERAL.—To receive or main11 tain approval from the Secretary for a State

12 poultry inspection program in accordance with

13 paragraph (1), a State shall—

14 ‘‘(i) implement a State poultry inspec15 tion program that enforces the mandatory

16 antemortem and postmortem inspection,

17 reinspection, sanitation, and related Fed18 eral requirements of sections 1 through 4

19 and 6 through 33 (including the regula20 tions issued under those sections); and

21 ‘‘(ii) enter into a cooperative agree22 ment with the Secretary in accordance

23 with paragraph (3).

24 ‘‘(B) ADDITIONAL REQUIREMENTS.—
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1 ‘‘(i) IN GENERAL.—In addition to the

2 requirements specified in subparagraph

3 (A), a State poultry inspection program re4 viewed in accordance with section 2 of the

5 Federal Meat and Poultry State Inspection

6 Requirements Act of 1999 shall implement,

7 not later than October 1, 2002, all rec8 ommendations from the review, in a man9 ner approved by the Secretary.

10 ‘‘(ii) REVIEW OF NEW STATE POUL11 TRY INSPECTION PROGRAMS.—

12 ‘‘(I) DEFINITION OF NEW STATE

13 POULTRY INSPECTION PROGRAM.—In

14 this clause, the term ‘new State poul15 try inspection program’ means a State

16 poultry inspection program that is not

17 approved in accordance with para18 graph (1) between October 1, 2001,

19 and September 30, 2002.

20 ‘‘(II) REVIEW REQUIREMENT.—

21 Not later than 1 year after the date

22 on which the Secretary approves a

23 new State poultry inspection program,

24 the Secretary shall conduct a com25 prehensive review of the new State
23

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1 poultry inspection program, which

2 shall include—

3 ‘‘(aa) a determination of the

4 effectiveness of the new State

5 poultry inspection program; and

6 ‘‘(bb) identification of

7 changes necessary to ensure en8 forcement under the new State

9 poultry inspection program of

10 Federal inspection requirements.

11 ‘‘(III) IMPLEMENTATION RE12 QUIREMENTS.—In addition to the re13 quirements specified in subparagraph

14 (A), to continue to be an approved

15 State poultry inspection program, a

16 new State poultry inspection program

17 shall implement all recommendations

18 from the review conducted in accord19 ance with this clause, in a manner ap20 proved by the Secretary.

21 ‘‘(3) COOPERATIVE AGREEMENT.—Notwith22 standing chapter 63 of title 31, United States Code,

23 the Secretary may enter into a cooperative agree24 ment with a State that establishes the terms gov25 erning the relationship between the Secretary and
24

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1 the State poultry inspection program and provides

2 for the following:

3 ‘‘(A) PROVISIONS CONSISTENT WITH THIS

4 ACT.—The State will adopt (including adoption

5 by reference) provisions identical to sections 1

6 through 4 and 6 through 33 (including the reg7 ulations issued under those sections).

8 ‘‘(B) MARKING OF PRODUCT.—

9 ‘‘(i) OFFICIAL MARKS.—State-in10 spected and passed poultry products will be

11 marked under the supervision of a State

12 inspector with the official mark and be

13 deemed to have been inspected by the Sec14 retary for the purposes of this Act and to

15 have passed the inspection.

16 ‘‘(ii) ADDITIONAL MARKS.—In addi17 tion to the official mark, State-inspected

18 and passed poultry products may be

19 marked with the mark of State inspection,

20 in accordance with requirements issued by

21 the Secretary.

22 ‘‘(C) LABELING REQUIREMENTS.—The

23 State will comply with all labeling requirements

24 issued by the Secretary governing poultry prod-
25

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1 ucts inspected under the State poultry inspec2 tion program.

3 ‘‘(D) AUTHORITY OF THE SECRETARY.—

4 The Secretary shall have authority—

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

6 poultry products under the State poultry

7 inspection program;

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

9 records, and poultry products of any per10 son that slaughters, processes, handles,

11 stores, transports, or sells poultry products

12 inspected under the State poultry inspec13 tion program to determine compliance with

14 this Act (including the regulations issued

15 under this Act); and

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

17 any activity authorized to be conducted by

18 the Secretary under this Act (including the

19 regulations issued under this Act).

20 ‘‘(E) OTHER TERMS.—The cooperative

21 agreement shall include such other terms as the

22 Secretary determines to be necessary to ensure

23 that the actions of the State and the State

24 poultry inspection program are consistent with
26

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1 this Act (including the regulations issued under

2 this Act).

3 ‘‘(4) ADDITIONAL REQUIREMENTS.—

4 ‘‘(A) IN GENERAL.—A State may impose

5 additional requirements on official establish6 ments under the State poultry inspection pro7 gram, as approved by the Secretary.

8 ‘‘(B) RESTRICTION ON ESTABLISHMENT

9 SIZE.—The Secretary shall authorize a State to

10 establish the maximum size of official establish11 ments that the State will accept into the State

12 poultry inspection program.

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

14 Secretary may reimburse the State for not more

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

16 Federal requirements for the State poultry inspec17 tion program.

18 ‘‘(6) SAMPLING.—

19 ‘‘(A) SALMONELLA SAMPLING AND TEST20 ING.—To the extent that the Secretary requires

21 official establishments to meet microbiological

22 performance standards for Salmonella, the Sec23 retary shall sample and test for Salmonella in

24 official establishments subject to inspection

25 under the State poultry inspection program.
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1 ‘‘(B) OTHER SAMPLING AND TESTING.—In

2 addition to the activities described in subpara3 graph (A), the Secretary may perform other

4 sampling and testing of poultry products in offi5 cial establishments described in that subpara6 graph.

7 ‘‘(7) NONCOMPLIANCE.—If the Secretary deter8 mines that a State poultry inspection program does

9 not comply with this section, section 5A, or the co10 operative agreement under paragraph (3), the Sec11 retary shall take such action as the Secretary deter12 mines to be necessary to ensure that the poultry

13 products in the State are inspected in a manner that

14 effectuates this Act (including the regulations issued

15 under this Act).

16 ‘‘(d) ANNUAL REVIEW.—

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

18 and implement a process to review annually each

19 State poultry inspection program approved under

20 this section and to certify the State poultry inspec21 tion programs that comply with the cooperative

22 agreement entered into with the State under sub23 section (c)(3).

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

25 In designing the review process described in para-
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1 graph (1), the Secretary shall solicit comment from

2 interested parties.

3 ‘‘(e) FEDERAL INSPECTION OPTION.—

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

5 that operates in a State with an approved State

6 poultry inspection program may apply for inspection

7 under the State poultry inspection program or for

8 Federal inspection.

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

10 shall not make an application under paragraph (1)

11 more than once every 4 years.

12 ‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY IN13 SPECTION ACTIVITIES.

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

15 INSPECTION PROGRAMS.—

16 ‘‘(1) NOTIFICATION.—If the Secretary has rea17 son to believe that a State is not in compliance with

18 this Act (including the regulations issued under this

19 Act) or the cooperative agreement under section

20 5(c)(3) and is considering the revocation or tem21 porary suspension of the approval of the State poul22 try inspection program, the Secretary shall promptly

23 notify and consult with the Governor of the State.

24 ‘‘(2) SUSPENSION AND REVOCATION.—
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1 ‘‘(A) IN GENERAL.—The Secretary may re2 voke or temporarily suspend the approval of a

3 State poultry inspection program and take over

4 a State poultry inspection program if the Sec5 retary determines that the State poultry inspec6 tion program is not in compliance with this Act

7 (including the regulations issued under this

8 Act) or the cooperative agreement.

9 ‘‘(B) PROCEDURES FOR REINSTATE10 MENT.—A State poultry inspection program

11 that has been the subject of a revocation may

12 be reinstated as an approved State poultry in13 spection program under this Act only in accord14 ance with the procedures under section

15 5(c)(2)(B)(ii).

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

17 or temporarily suspends the approval of a State

18 poultry inspection program in accordance with para19 graph (2), the Secretary shall publish the determina20 tion under that paragraph in the Federal Register.

21 ‘‘(4) INSPECTION OF ESTABLISHMENTS.—Upon

22 the expiration of 30 days after the date of publica23 tion of a determination under paragraph (3), an offi24 cial establishment subject to a State poultry inspec25 tion program with respect to which the Secretary
30

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1 makes a determination under paragraph (2) shall be

2 inspected by the Secretary.

3 ‘‘(b) EXPEDITED AUTHORITY TO TAKE OVER IN4 SPECTION OF STATE-INSPECTED OFFICIAL ESTABLISH5 MENTS.—Notwithstanding any other provision of this

6 title, if the Secretary determines that an official establish7 ment operating under a State poultry inspection program

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

9 regulations issued under this Act) or the cooperative

10 agreement under section 5(c)(3), and the State, after noti11 fication by the Secretary to the Governor, has not taken

12 appropriate action within a reasonable time as determined

13 by the Secretary, the Secretary may immediately deter14 mine that the official establishment is an establishment

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

16 as the Secretary determines that the State will meet the

17 requirements of this Act (including the regulations) and

18 the cooperative agreement with respect to the official es19 tablishment.’’.

20 (b) RESTAURANTS AND RETAIL STORES, ACCEPT21 ANCE OF INTERSTATE SHIPMENTS OF POULTRY PROD22 UCTS, AND ADVISORY COMMITTEES FOR FEDERAL AND

23 STATE PROGRAMS.—The Poultry Products Inspection Act

24 (21 U.S.C. 451 et seq.) is amended by inserting after sec25 tion 30 the following:
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1 ‘‘SEC. 31. RESTAURANTS AND RETAIL STORES.

2 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

3 REQUIREMENTS.—The provisions of this Act requiring in4 spection of the slaughter of poultry and the processing of

5 poultry products shall not apply to operations of types tra6 ditionally and usually conducted at retail stores and res7 taurants, if the operations are conducted at a retail store,

8 restaurant, or similar retail establishment for sale of such

9 prepared articles in normal retail quantities or for service

10 of the articles to consumers at such an establishment.

11 ‘‘(b) CENTRAL KITCHEN FACILITIES.—

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

13 section, operations conducted at a central kitchen fa14 cility of a restaurant shall be considered to be con15 ducted at a restaurant if the central kitchen of the

16 restaurant prepares poultry products that are ready

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

18 meals or as entrees only to customers at restaurants

19 owned or operated by the same person that owns or

20 operates the facility.

21 ‘‘(2) EXCEPTION.—A facility described in para22 graph (1) shall be subject to section 11(b) and may

23 be subject to the inspection requirements of this Act

24 for as long as the Secretary determines to be nec25 essary, if the Secretary determines that the sanitary

26 conditions or practices of the facility or the proc-
32

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1 essing procedures or methods at the facility are such

2 that any of the poultry products of the facility are

3 rendered adulterated.

4 ‘‘SEC. 32. ACCEPTANCE OF INTERSTATE SHIPMENTS OF

5 POULTRY PRODUCTS.

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

7 or local government shall not prohibit or restrict the move8 ment or sale of poultry products that have been inspected

9 and passed in accordance with this Act for interstate com10 merce.

11 ‘‘SEC. 33. ADVISORY COMMITTEES FOR FEDERAL AND

12 STATE PROGRAMS.

13 ‘‘The Secretary may appoint advisory committees

14 consisting of such representatives of appropriate State

15 agencies as the Secretary and the State agencies may des16 ignate to consult with the Secretary concerning State and

17 Federal programs with respect to poultry product inspec18 tion and other matters within the scope of this Act.’’.

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

20 October 1, 2001.

21 TITLE III—GENERAL

22 PROVISIONS

23 SEC. 301. REGULATIONS.

24 Not later than October 1, 2001, the Secretary of Ag25 riculture may promulgate such regulations as are nec-
33

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1 essary to implement the amendments made by sections

2 102 and 202.

3 SEC. 302. TERMINATION OF AUTHORITY TO ESTABLISH AN

4 INTERSTATE INSPECTION PROGRAM.

5 If the Secretary of Agriculture has not approved any

6 State meat inspection program or State poultry inspection

7 program by entering into a cooperative agreement under

8 title III of the Federal Meat Inspection Act and sections

9 5 and 5A of the Poultry Products Inspection Act (as

10 amended by this Act) by September 30, 2002, sections

11 101(b), 102, 201(b), and 202, and the amendments made

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

Æ