II 

110TH CONGRESS 

1ST SESSION S. 1150 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2007 

Mr. HATCH (for himself and Mr. ENZI) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

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’’. 

6 SEC. 2. REPORT ON STATE MEAT AND POULTRY INSPEC7 TION PROGRAMS. 

8 (a) IN GENERAL.—Not later than 30 days after the 

9 date of enactment of this Act, the Secretary of Agriculture 

10 shall submit to Congress a report that identifies changes 

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1 in each State meat and poultry inspection program that 

2 the Secretary determines are necessary to enable future 

3 transition to a State program of enforcing Federal inspec4 tion requirements as described in the amendments made 

5 by sections 3 and 4. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There are authorized to be 

8 appropriated such sums as are necessary to carry 

9 out this section. 

10 (2) AVAILABLE FUNDS.—Notwithstanding any 

11 other provision of law, only funds specifically appro12 priated under paragraph (1) may be used to carry 

13 out this section. 

14 SEC. 3. STATE MEAT INSPECTION PROGRAMS. 

15 (a) IN GENERAL.—Title III of the Federal Meat In16 spection Act (21 U.S.C. 661 et seq.) is amended to read 

17 as follows: 

18 ‘‘TITLE III—STATE MEAT 

19 INSPECTION PROGRAMS 

20 ‘‘SEC. 301. FINDINGS; STATEMENT OF POLICY. 

21 ‘‘(a) FINDINGS.—Congress finds that— 

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

23 of meat and meat food products throughout the 

24 United States would be better served if a consistent 

25 set of requirements, established by the Federal Govmstockstill on PROD1PC66 with BILLS

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1 ernment, were applied to all meat and meat food 

2 products produced under a Federal or State inspec3 tion program; 

4 ‘‘(2) under the set of requirements described in 

5 paragraph (1), meat inspection programs carried out 

6 by the Federal Government and the States would 

7 function together to create a seamless inspection 

8 system to ensure food safety and inspire consumer 

9 confidence in the food supply of the United States 

10 that is transported through interstate commerce; 

11 ‘‘(3) the set of requirements described in para12 graph (1) would— 

13 ‘‘(A) ensure the viability of State meat in14 spection programs; and 

15 ‘‘(B) help ensure the viability of small es16 tablishments; 

17 ‘‘(4) the inspection programs of the States are 

18 carried out by individuals who have expertise in ad19 dressing the unique needs of small and very small 

20 plants, many of which produce specialty and sea21 sonal meat and poultry products; and 

22 ‘‘(5) maintaining the identity of State inspec23 tion programs is important for the continuing provi24 sion of technical support, guidance, and specialized 

25 services to small establishments. 

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1 ‘‘(b) STATEMENT OF POLICY.—It is the policy of 

2 Congress— 

3 ‘‘(1) to protect the public from meat and meat 

4 food products that are adulterated or misbranded; 

5 and 

6 ‘‘(2) to assist the efforts of Federal agencies 

7 and the States to protect the public from those prod8 ucts. 

9 ‘‘SEC. 302. APPROVAL OF STATE MEAT INSPECTION PRO10 GRAMS. 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of this Act, the Secretary may approve a State meat 

13 inspection program and allow the shipment in commerce 

14 of carcasses, parts of carcasses, meat, and meat food prod15 ucts inspected under the State meat inspection program 

16 in accordance with this title. 

17 ‘‘(b) ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—To receive or maintain ap19 proval from the Secretary for a State meat inspec20 tion program in accordance with subsection (a), a 

21 State shall— 

22 ‘‘(A) implement a State meat inspection 

23 program that enforces the mandatory ante24 mortem and postmortem inspection, reinspec25 tion, sanitation, and related Federal requiremstockstill on PROD1PC66 with BILLS

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1 ments of titles I, II, and IV (including the regu2 lations, directives, notices, policy memoranda, 

3 and other regulatory requirements issued under 

4 those titles); and 

5 ‘‘(B) enter into a cooperative agreement 

6 with the Secretary in accordance with sub7 section (c). 

8 ‘‘(2) ADDITIONAL REQUIREMENTS.— 

9 ‘‘(A) IN GENERAL.—In addition to the re10 quirements described in paragraph (1), not 

11 later than 180 days after the date on which the 

12 report is submitted under section 2(a) of the 

13 New Markets for State-Inspected Meat and 

14 Poultry Act of 2007, a State meat inspection 

15 program shall implement all recommendations 

16 made in the report, in a manner approved by 

17 the Secretary. 

18 ‘‘(B) REVIEW OF NEW STATE MEAT IN19 SPECTION PROGRAMS.— 

20 ‘‘(i) DEFINITION OF NEW STATE

21 MEAT INSPECTION PROGRAM.—In this sub22 paragraph, the term ‘new State meat in23 spection program’ means a State meat in24 spection program that is not approved in 

25 accordance with subsection (a) during the 

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1 period beginning on the effective date of 

2 the New Markets for State-Inspected Meat 

3 and Poultry Act of 2007 and ending on the 

4 date that is 1 year after the effective date 

5 of that Act. 

6 ‘‘(ii) REVIEW REQUIREMENT.—Not 

7 later than 1 year after the date on which 

8 the Secretary approves a new State meat 

9 inspection program, the Secretary shall 

10 conduct a review of the new State meat in11 spection program, which shall include— 

12 ‘‘(I) a determination of the effec13 tiveness of the new State meat inspec14 tion program; and 

15 ‘‘(II) identification of changes 

16 necessary to ensure enforcement of 

17 Federal inspection requirements. 

18 ‘‘(iii) IMPLEMENTATION REQUIRE19 MENTS.—In addition to the requirements 

20 described in paragraph (1), to continue to 

21 be an approved State meat inspection pro22 gram, a new State meat inspection pro23 gram shall implement all recommendations 

24 from the review conducted in accordance 

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1 with this subparagraph, in a manner ap2 proved by the Secretary. 

3 ‘‘(c) COOPERATIVE AGREEMENT.—Notwithstanding 

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

5 may enter into a cooperative agreement with a State 

6 that— 

7 ‘‘(1) establishes the terms governing the rela8 tionship between the Secretary and the State meat 

9 inspection program; 

10 ‘‘(2) provides that the State will adopt (includ11 ing adoption by reference) provisions that are iden12 tical to titles I, II, and IV (including the regulations, 

13 directives, notices, policy memoranda, and other reg14 ulatory requirements issued under those titles); 

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

16 meat and meat food products shall be marked with 

17 a mark of State inspection, which shall be consid18 ered to be an official mark, in accordance with re19 quirements issued by the Secretary; 

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

21 labeling requirements issued by the Secretary gov22 erning meat and meat food products inspected under 

23 the State meat inspection program; 

24 ‘‘(5) provides that the Secretary shall have au25 thority— 

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1 ‘‘(A) to detain and seize livestock, car2 casses, parts of carcasses, meat, and meat food 

3 products under the State meat inspection pro4 gram; 

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

6 livestock, carcasses, parts of carcasses, meat, 

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

8 corporation that slaughters, processes, handles, 

9 stores, transports, or sells meat or meat food 

10 products inspected under the State meat inspec11 tion program to determine compliance with this 

12 Act (including the regulations issued under this 

13 Act); and 

14 ‘‘(C) to direct the State to conduct any ac15 tivity authorized to be conducted by the Sec16 retary under this Act (including the regulations 

17 issued under this Act); and 

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

19 determines to be necessary to ensure that the ac20 tions of the State and the State meat inspection pro21 gram are consistent with this Act (including the reg22 ulations, directives, notices, policy memoranda, and 

23 other regulatory requirements issued under this 

24 Act). 

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

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1 ‘‘(1) IN GENERAL.—After the date that is 90 

2 days after the effective date of the New Markets for 

3 State-Inspected Meat and Poultry Act of 2007, an 

4 establishment with more than 50 employees may not 

5 be accepted into a State meat inspection program. 

6 ‘‘(2) EXISTING ESTABLISHMENTS.—Any estab7 lishment that is subject to State inspection on the 

8 date specified in paragraph (1) may remain subject 

9 to State inspection. 

10 ‘‘(e) REIMBURSEMENT OF STATE COSTS.—The Sec11 retary may reimburse a State for not less than 50 percent 

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

13 for the State meat inspection program. 

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

15 the Secretary shall be afforded access to State inspected 

16 establishments to take reasonable samples of the inventory 

17 of the establishments upon payment of the fair market 

18 value of the samples. 

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

20 that a State meat inspection program does not comply 

21 with this title or the cooperative agreement under sub22 section (c), the Secretary shall take such action as the Sec23 retary determines to be necessary to ensure that the car24 casses, parts of carcasses, meat, and meat food products 

25 in the State are inspected in a manner that effectuates 

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1 this Act (including the regulations, directives, notices, pol2 icy memoranda, and other regulatory requirements issued 

3 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, directives, notices, policy memo9 randa, and other regulatory requirements issued under 

10 this Act) or the cooperative agreement under section 

11 302(c) and is considering the revocation or temporary sus12 pension of the approval of the State meat inspection pro13 gram, the Secretary shall promptly notify and consult with 

14 the Governor of the State. 

15 ‘‘(b) SUSPENSION AND REVOCATION.— 

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

17 or temporarily suspend the approval of a State meat 

18 inspection program and take over a State meat in19 spection program if the Secretary determines that 

20 the State meat inspection program is not in compli21 ance with this Act (including the regulations, direc22 tives, notices, policy memoranda, and other regu23 latory requirements issued under this Act) or the co24 operative agreement under section 302(c). 

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

2 State meat inspection program that has been the 

3 subject of a revocation may be reinstated as an ap4 proved State meat inspection program under this 

5 Act only in accordance with the procedures under 

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

7 ‘‘(c) PUBLICATION.—If the Secretary revokes or tem8 porarily suspends the approval of a State meat inspection 

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

10 shall publish notice of the revocation or temporary suspen11 sion under that subsection in the Federal Register. 

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

13 than 30 days after the date of publication of a determina14 tion under subsection (c), an establishment subject to a 

15 State meat inspection program with respect to which the 

16 Secretary makes a determination under subsection (b) 

17 shall be inspected by the Secretary. 

18 ‘‘SEC. 304. EXPEDITED AUTHORITY TO TAKE OVER INSPEC19 TION OF STATE-INSPECTED ESTABLISH20 MENTS. 

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

22 the Secretary determines that an establishment operating 

23 under a State meat inspection program is not operating 

24 in accordance with this Act (including the regulations, di25 rectives, notices, policy memoranda, and other regulatory 

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1 requirements issued under this Act) or the cooperative 

2 agreement under section 302(c), and the State, after noti3 fication by the Secretary to the Governor, has not taken 

4 appropriate action within a reasonable time as determined 

5 by the Secretary, the Secretary may immediately deter6 mine that the establishment is an establishment that shall 

7 be inspected by the Secretary, until such time as the Sec8 retary determines that the State will meet the require9 ments of this Act (including the regulations, directives, no10 tices, policy memoranda, and other regulatory require11 ments) and the cooperative agreement with respect to the 

12 establishment. 

13 ‘‘SEC. 305. ANNUAL REVIEW. 

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

15 implement a process to annually review each State meat 

16 inspection program approved under this title and to certify 

17 the State meat inspection programs that comply with the 

18 cooperative agreement entered into with the State under 

19 section 302(c). 

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

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

22 the Secretary shall solicit comment from interested par23 ties. 

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1 ‘‘SEC. 306. FEDERAL INSPECTION OPTION. 

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

3 in a State with an approved State meat inspection pro4 gram may apply for inspection under the State meat in5 spection program or for Federal inspection. 

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

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

8 4 years.’’. 

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

10 of the Federal Meat Inspection Act is amended— 

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

12 680) as section 414; and 

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

14 679a) the following: 

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

16 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

17 REQUIREMENTS.—The provisions of this Act requiring in18 spection of the slaughter of animals and the preparation 

19 of carcasses, parts of carcasses, meat, and meat food prod20 ucts shall not apply to operations of types traditionally 

21 and usually conducted at retail stores and restaurants, as 

22 determined by the Secretary, if the operations are con23 ducted at a retail store, restaurant, or similar retail estab24 lishment for sale of such prepared articles in normal retail 

25 quantities or for service of the articles to consumers at 

26 such an establishment. 

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1 ‘‘(b) CENTRAL KITCHEN FACILITIES.— 

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

3 section, operations conducted at a central kitchen fa4 cility of a restaurant shall be considered to be con5 ducted at a restaurant if the central kitchen of the 

6 restaurant prepares meat or meat food products that 

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

8 served in meals or as entrees only to customers at 

9 restaurants owned or operated by the same person, 

10 firm, or corporation that owns or operates the facil11 ity. 

12 ‘‘(2) EXCEPTION.—A facility described in para13 graph (1) shall be subject to section 202 and may 

14 be subject to the inspection requirements of title I 

15 for as long as the Secretary determines to be nec16 essary, if the Secretary determines that the sanitary 

17 conditions or practices of the facility or the proc18 essing procedures or methods at the facility are such 

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

20 facility are rendered adulterated. 

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

22 MEAT AND MEAT FOOD PRODUCTS. 

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

24 or local government shall not prohibit or restrict the move25 ment or sale of meat or meat food products that have been 

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1 inspected and passed in accordance with this Act for inter2 state commerce. 

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

4 STATE PROGRAMS. 

5 ‘‘The Secretary may appoint advisory committees 

6 consisting of such representatives of appropriate State 

7 agencies as the Secretary and the State agencies may des8 ignate to consult with the Secretary concerning State and 

9 Federal programs with respect to meat inspection and 

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

11 SEC. 4. STATE POULTRY INSPECTION PROGRAMS. 

12 (a) IN GENERAL.—Section 5 of the Poultry Products 

13 Inspection Act (21 U.S.C. 454) is amended to read as fol14 lows: 

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

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

17 the public from poultry products that are adulterated or 

18 misbranded and to assist in efforts by State and other gov19 ernment agencies to accomplish that policy. 

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

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

22 of poultry products throughout the United States 

23 would be better served if a consistent set of require24 ments, established by the Federal Government, were 

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1 applied to all poultry products, whether produced 

2 under State inspection or Federal inspection; 

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

4 poultry inspection programs would function together 

5 to create a seamless inspection system to ensure 

6 food safety and inspire consumer confidence in the 

7 food supply in interstate commerce; and 

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

9 State poultry inspection programs, which should 

10 help to foster the viability of small official establish11 ments. 

12 ‘‘(c) APPROVAL OF STATE POULTRY INSPECTION

13 PROGRAMS.— 

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

15 provision of this Act, the Secretary may approve a 

16 State poultry inspection program and allow the ship17 ment in commerce of poultry products inspected 

18 under the State poultry inspection program in ac19 cordance with this section and section 5A. 

20 ‘‘(2) ELIGIBILITY.— 

21 ‘‘(A) IN GENERAL.—To receive or main22 tain approval from the Secretary for a State 

23 poultry inspection program in accordance with 

24 paragraph (1), a State shall— 

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1 ‘‘(i) implement a State poultry inspec2 tion program that enforces the mandatory 

3 antemortem and postmortem inspection, 

4 reinspection, sanitation, and related Fed5 eral requirements of sections 1 through 4 

6 and 6 through 33 (including the regula7 tions, directives, notices, policy memo8 randa, and other regulatory requirements 

9 issued under those sections); and 

10 ‘‘(ii) enter into a cooperative agree11 ment with the Secretary in accordance 

12 with paragraph (3). 

13 ‘‘(B) ADDITIONAL REQUIREMENTS.— 

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

15 requirements described in subparagraph 

16 (A), not later than 180 days after the date 

17 on which the report is submitted under 

18 section 2(a) of the New Markets for State19 Inspected Meat and Poultry Act of 2007, 

20 a State poultry inspection program shall 

21 implement all recommendations made in 

22 the report, in a manner approved by the 

23 Secretary. 

24 ‘‘(ii) REVIEW OF NEW STATE POUL25 TRY INSPECTION PROGRAMS.— 

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1 ‘‘(I) DEFINITION OF NEW STATE

2 POULTRY INSPECTION PROGRAM.—In 

3 this clause, the term ‘new State poul4 try inspection program’ means a State 

5 poultry inspection program that is not 

6 approved in accordance with para7 graph (1) during the period beginning 

8 on the effective date of the New Mar9 kets for State-Inspected Meat and 

10 Poultry Act of 2007 and ending on 

11 the date that is 1 year after the effec12 tive date of that Act. 

13 ‘‘(II) REVIEW REQUIREMENT.— 

14 Not later than 1 year after the date 

15 on which the Secretary approves a 

16 new State poultry inspection program, 

17 the Secretary shall conduct a review 

18 of the new State poultry inspection 

19 program, which shall include— 

20 ‘‘(aa) a determination of the 

21 effectiveness of the new State 

22 poultry inspection program; and 

23 ‘‘(bb) identification of 

24 changes necessary to ensure enmstockstill on PROD1PC66 with BILLS

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1 forcement of Federal inspection 

2 requirements. 

3 ‘‘(III) IMPLEMENTATION RE4 QUIREMENTS.—In addition to the re5 quirements described in subparagraph 

6 (A), to continue to be an approved 

7 State poultry inspection program, a 

8 new State poultry inspection program 

9 shall implement all recommendations 

10 from the review conducted in accord11 ance with this clause, in a manner ap12 proved by the Secretary. 

13 ‘‘(3) COOPERATIVE AGREEMENT.—Notwith14 standing chapter 63 of title 31, United States Code, 

15 the Secretary may enter into a cooperative agree16 ment with a State that— 

17 ‘‘(A) establishes the terms governing the 

18 relationship between the Secretary and the 

19 State poultry inspection program; 

20 ‘‘(B) provides that the State will adopt (in21 cluding adoption by reference) provisions that 

22 are identical to sections 1 through 4 and 6 

23 through 33 (including the regulations, direc24 tives, notices, policy memoranda, and other regmstockstill on PROD1PC66 with BILLS

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1 ulatory requirements issued under those sec2 tions); 

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

4 passed poultry products may be marked with 

5 the mark of State inspection, which shall be 

6 considered to be an official mark, in accordance 

7 with requirements issued by the Secretary; 

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

9 with all labeling requirements issued by the 

10 Secretary governing poultry products inspected 

11 under the State poultry inspection program; 

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

13 authority— 

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

15 poultry products under the State poultry 

16 inspection program; 

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

18 records, and poultry products of any per19 son that slaughters, processes, handles, 

20 stores, transports, or sells poultry products 

21 inspected under the State poultry inspec22 tion program to determine compliance with 

23 this Act (including the regulations issued 

24 under this Act); and 

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

2 any activity authorized to be conducted by 

3 the Secretary under this Act (including the 

4 regulations issued under this Act); and 

5 ‘‘(F) includes such other terms as the Sec6 retary determines to be necessary to ensure 

7 that the actions of the State and the State 

8 poultry inspection program are consistent with 

9 this Act (including the regulations, directives, 

10 notices, policy memoranda, and other regulatory 

11 requirements issued under this Act). 

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

13 ‘‘(A) IN GENERAL.—After the date that is 

14 90 days after the effective date of the New 

15 Markets for State-Inspected Meat and Poultry 

16 Act of 2007, an establishment with more than 

17 50 employees may not be accepted into a State 

18 meat inspection program. 

19 ‘‘(B) EXISTING ESTABLISHMENTS.—Any 

20 establishment that is subject to State inspection 

21 on the date specified in subparagraph (A) may 

22 remain subject to State inspection. 

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

24 Secretary may reimburse a State for not less than 

25 60 percent of the State’s costs of meeting the Fedmstockstill on PROD1PC66 with BILLS

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1 eral requirements for the State poultry inspection 

2 program. 

3 ‘‘(6) SAMPLING.—A duly authorized representa4 tive of the Secretary shall be afforded access to 

5 State inspected establishments to take reasonable 

6 samples of their inventory upon payment of the fair 

7 market value of the samples. 

8 ‘‘(7) NONCOMPLIANCE.—If the Secretary deter9 mines that a State poultry inspection program does 

10 not comply with this section, section 5A, or the co11 operative agreement under paragraph (3), the Sec12 retary shall take such action as the Secretary deter13 mines to be necessary to ensure that the poultry 

14 products in the State are inspected in a manner that 

15 effectuates this Act (including the regulations, direc16 tives, notices, policy memoranda, and other regu17 latory requirements issued under this Act). 

18 ‘‘(d) ANNUAL REVIEW.— 

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

20 and implement a process to annually review each 

21 State poultry inspection program approved under 

22 this section and to certify the State poultry inspec23 tion programs that comply with the cooperative 

24 agreement entered into with the State under sub25 section (c)(3). 

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

2 In developing the review process described in para3 graph (1), the Secretary shall solicit comment from 

4 interested parties. 

5 ‘‘(e) FEDERAL INSPECTION OPTION.— 

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

7 that operates in a State with an approved State 

8 poultry inspection program may apply for inspection 

9 under the State poultry inspection program or for 

10 Federal inspection. 

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

12 shall not make an application under paragraph (1) 

13 more than once every 4 years. 

14 ‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY IN15 SPECTION ACTIVITIES. 

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

17 INSPECTION PROGRAMS.— 

18 ‘‘(1) NOTIFICATION.—If the Secretary has rea19 son to believe that a State is not in compliance with 

20 this Act (including the regulations, directives, no21 tices, policy memoranda, and other regulatory re22 quirements issued under this Act) or the cooperative 

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

24 the revocation or temporary suspension of the ap25 proval of the State poultry inspection program, the 

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1 Secretary shall promptly notify and consult with the 

2 Governor of the State. 

3 ‘‘(2) SUSPENSION AND REVOCATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary may re5 voke or temporarily suspend the approval of a 

6 State poultry inspection program and take over 

7 a State poultry inspection program if the Sec8 retary determines that the State poultry inspec9 tion program is not in compliance with this Act 

10 (including the regulations, directives, notices, 

11 policy memoranda, and other regulatory re12 quirements issued under this Act) or the coop13 erative agreement. 

14 ‘‘(B) PROCEDURES FOR REINSTATE15 MENT.—A State poultry inspection program 

16 that has been the subject of a revocation may 

17 be reinstated as an approved State poultry in18 spection program under this Act only in accord19 ance with the procedures under section 

20 5(c)(2)(B)(ii). 

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

22 or temporarily suspends the approval of a State 

23 poultry inspection program in accordance with para24 graph (2), the Secretary shall publish notice of the 

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1 revocation or temporary suspension under that para2 graph in the Federal Register. 

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

4 later than 30 days after the date of publication of 

5 a determination under paragraph (3), an official es6 tablishment subject to a State poultry inspection 

7 program with respect to which the Secretary makes 

8 a determination under paragraph (2) shall be in9 spected by the Secretary. 

10 ‘‘(b) EXPEDITED AUTHORITY TO TAKE OVER IN11 SPECTION OF STATE-INSPECTED OFFICIAL ESTABLISH12 MENTS.—Notwithstanding any other provision of this 

13 title, if the Secretary determines that an official establish14 ment operating under a State poultry inspection program 

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

16 regulations, directives, notices, policy memoranda, and 

17 other regulatory requirements issued under this Act) or 

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

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

20 has not taken appropriate action within a reasonable time 

21 as determined by the Secretary, the Secretary may imme22 diately determine that the official establishment is an es23 tablishment that shall be inspected by the Secretary, until 

24 such time as the Secretary determines that the State will 

25 meet the requirements of this Act (including the regulamstockstill on PROD1PC66 with BILLS

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1 tions, directives, notices, policy memoranda, and other reg2 ulatory requirements) and the cooperative agreement with 

3 respect to the official establishment.’’. 

4 (b) RESTAURANTS AND RETAIL STORES, ACCEPT5 ANCE OF INTERSTATE SHIPMENTS OF POULTRY PROD6 UCTS, AND ADVISORY COMMITTEES FOR FEDERAL AND

7 STATE PROGRAMS.—The Poultry Products Inspection Act 

8 is amended by inserting after section 30 (21 U.S.C. 471) 

9 the following: 

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

11 ‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION

12 REQUIREMENTS.—The provisions of this Act requiring in13 spection of the slaughter of poultry and the processing of 

14 poultry products shall not apply to operations of types tra15 ditionally and usually conducted at retail stores and res16 taurants, if the operations are conducted at a retail store, 

17 restaurant, or similar retail establishment for sale of such 

18 prepared articles in normal retail quantities or for service 

19 of the articles to consumers at such an establishment. 

20 ‘‘(b) CENTRAL KITCHEN FACILITIES.— 

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

22 section, operations conducted at a central kitchen fa23 cility of a restaurant shall be considered to be con24 ducted at a restaurant if the central kitchen of the 

25 restaurant prepares poultry products that are ready 

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

2 meals or as entrees only to customers at restaurants 

3 owned or operated by the same person that owns or 

4 operates the facility. 

5 ‘‘(2) EXCEPTION.—A facility described in para6 graph (1) shall be subject to section 11(b) and may 

7 be subject to the inspection requirements of this Act 

8 for as long as the Secretary determines to be nec9 essary, if the Secretary determines that the sanitary 

10 conditions or practices of the facility or the proc11 essing procedures or methods at the facility are such 

12 that any of the poultry products of the facility are 

13 rendered adulterated. 

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

15 POULTRY PRODUCTS. 

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

17 or local government shall not prohibit or restrict the move18 ment or sale of poultry products that have been inspected 

19 and passed in accordance with this Act for interstate com20 merce. 

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

22 STATE PROGRAMS. 

23 ‘‘The Secretary may appoint advisory committees 

24 consisting of such representatives of appropriate State 

25 agencies as the Secretary and the State agencies may desmstockstill on PROD1PC66 with BILLS

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1 ignate to consult with the Secretary concerning State and 

2 Federal programs with respect to poultry product inspec3 tion and other matters within the scope of this Act’’. 

4 SEC. 5. REGULATIONS. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Secretary of Agriculture shall promulgate 

7 such regulations as are necessary to implement the 

8 amendments made by sections 3 and 4. 

9 SEC. 6. EFFECTIVE DATE. 

10 The amendments made by sections 3 and 4 of this 

11 Act take effect on the date that is 180 days after the date 

12 of enactment of this Act. 

Æ 

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