II 

115TH CONGRESS 

2D SESSION S. 2814 

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 

MAY 10, 2018 

Mr. ROUNDS (for himself, Mr. KING, and Mr. THUNE) 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 2018’’. 

6 SEC. 2. STATE-INSPECTED MEAT. 

7 Section 301 of the Federal Meat Inspection Act (21 

8 U.S.C. 661) is amended— 


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•S 2814 IS

1 (1) by striking the section designation and in2 serting the following: 

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

4 PRODUCTS.’’; 

5 (2) in subsection (a)— 

6 (A) by striking ‘‘In furtherance of this pol7 icy’’ in the matter preceding paragraph (1) and 

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

9 paragraph (1) and inserting the following: 

10 ‘‘(B) STATE PROGRAMS.— 

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

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

13 the following: 

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

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) POLICY.—It is’’; and 

17 (C) in paragraph (1)(B) (as so des18 ignated)— 

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

20 striking ‘‘solely for distribution within such 

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

22 and 

23 (ii) by adding at the end the fol24 lowing: 

25 ‘‘(ii) INTERSTATE COMMERCE.— 


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1 ‘‘(I) IN GENERAL.—Notwith2 standing any other provision of this 

3 Act, the Secretary may allow the ship4 ment in interstate commerce of car5 casses, parts of carcasses, meat, and 

6 meat food products inspected under 

7 the State meat inspection program de8 scribed in clause (i). 

9 ‘‘(II) ACCEPTANCE OF INTER10 STATE SHIPMENTS OF MEAT AND

11 MEAT FOOD PRODUCTS.—Notwith12 standing any provision of State law, a 

13 State or local government shall not 

14 prohibit or restrict the movement or 

15 sale of meat or meat food products 

16 that have been inspected and passed 

17 in accordance with this Act for inter18 state commerce.’’; 

19 (3) in subsection (b), by striking ‘‘(b) The ap20 propriate’’ and inserting the following: 

21 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro22 priate’’; 

23 (4) in subsection (c)— 

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

25 and inserting the following: 


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1 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE2 MENTS.— 

3 ‘‘(1) DESIGNATION OF STATES.— 

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

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

6 (i) in subparagraph (A) (as so des7 ignated)— 

8 (I) in the first sentence, by strik9 ing ‘‘solely for distribution within 

10 such State’’ and inserting ‘‘for dis11 tribution’’; and 

12 (II) in the second sentence, by 

13 striking ‘‘If the Secretary’’ and insert14 ing the following: 

15 ‘‘(B) DESIGNATION OF STATES.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided under clause (ii), if the Secretary’’; 

18 (ii) in subparagraph (B) (as so des19 ignated)— 

20 (I) in clause (i) (as so des21 ignated)— 

22 (aa) in the first sentence, by 

23 striking ‘‘wholly’’; and 


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•S 2814 IS

1 (bb) by striking ‘‘State; Pro2 vided, That if’’ and inserting the 

3 following: ‘‘State. 

4 ‘‘(ii) EXCEPTION.—If’’; and 

5 (II) in clause (ii) (as so des6 ignated)— 

7 (aa) in the first sentence— 

8 (AA) by striking ‘‘such 

9 designation’’ and inserting 

10 ‘‘a designation made under 

11 clause (i)’’; and 

12 (BB) by striking ‘‘he’’ 

13 each place it appears and in14 serting ‘‘the Secretary’’; and 

15 (bb) in the second sentence, 

16 by striking ‘‘The Secretary shall’’ 

17 and inserting the following: 

18 ‘‘(C) PUBLICATION OF DESIGNATION.— 

19 The Secretary shall’’; 

20 (iii) in subparagraph (C) (as so des21 ignated)— 

22 (I) in the first sentence— 

23 (aa) by striking ‘‘if such’’; 

24 and 


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•S 2814 IS

1 (bb) by striking ‘‘were’’ 

2 after ‘‘transactions’’; and 

3 (II) in the second sentence, by 

4 striking ‘‘Thereafter, upon request’’ 

5 and inserting the following: 

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

7 request’’; 

8 (iv) in subparagraph (D) (as so des9 ignated)— 

10 (I) in the first sentence, by strik11 ing ‘‘such designation’’ and inserting 

12 ‘‘a designation made under subpara13 graph (B)(i)’’; and 

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

15 Act: And provided further, That, not16 withstanding’’; and inserting the fol17 lowing: ‘‘title IV. 

18 ‘‘(E) ADULTERATED MEAT OR MEAT FOOD

19 PRODUCT.— 

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

21 and 

22 (v) in subparagraph (E) (as so des23 ignated)— 

24 (I) in clause (i) (as so des25 ignated)— 


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•S 2814 IS

1 (aa) in the first sentence— 

2 (AA) by striking ‘‘with3 in such State’’; and 

4 (BB) by striking ‘‘sec5 tion 301 of the Act’’ and in6 serting ‘‘this section’’; and 

7 (bb) in the second sentence, 

8 by striking ‘‘If the State’’ and in9 serting the following: 

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

11 and 

12 (II) in clause (ii) (as so des13 ignated), by striking ‘‘as though en14 gaged in commerce’’; 

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

16 provisions’’ and inserting the following: 

17 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi18 sions’’; 

19 (D) in paragraph (3)— 

20 (i) by striking ‘‘(3) Whenever’’ and in21 serting the following: 

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

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

24 ‘‘the Secretary’’; and 


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•S 2814 IS

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

2 Secretary’’ and inserting the following: 

3 ‘‘(4) REPORT.—The Secretary’’; and 

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

5 in’’ and inserting the following: 

6 ‘‘(d) DEFINITION OF STATE.—In’’. 

7 SEC. 3. STATE-INSPECTED POULTRY PRODUCTS. 

8 Section 5 of the Poultry Products Inspection Act (21 

9 U.S.C. 454) is amended— 

10 (1) by striking the section heading and designa11 tion and inserting the following: 

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

13 (2) in subsection (a)— 

14 (A) by striking ‘‘In furtherance of this pol15 icy’’ in the matter preceding paragraph (1) and 

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

17 paragraph (1) and inserting the following: 

18 ‘‘(B) STATE PROGRAMS.— 

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

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

21 the following: 

22 ‘‘(a) STATE POULTRY PRODUCT INSPECTION PRO23 GRAM.— 

24 ‘‘(1) IN GENERAL.— 

25 ‘‘(A) POLICY.—It is’’; and 


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•S 2814 IS

1 (C) in paragraph (1)(B) (as so des2 ignated)— 

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

4 striking ‘‘solely for distribution within such 

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

6 and 

7 (ii) by adding at the end the fol8 lowing: 

9 ‘‘(ii) INTERSTATE COMMERCE.— 

10 ‘‘(I) IN GENERAL.—Notwith11 standing any other provision of this 

12 Act, the Secretary may allow the ship13 ment in interstate commerce of poul14 try products inspected under the State 

15 poultry product inspection program 

16 described in clause (i). 

17 ‘‘(II) ACCEPTANCE OF INTER18 STATE SHIPMENTS OF POULTRY

19 PRODUCTS.—Notwithstanding any 

20 provision of State law, a State or local 

21 government shall not prohibit or re22 strict the movement or sale of poultry 

23 products that have been inspected and 

24 passed in accordance with this Act for 

25 interstate commerce.’’; 


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•S 2814 IS

1 (3) in subsection (b), by striking ‘‘(b) The ap2 propriate’’ and inserting the following: 

3 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro4 priate’’; 

5 (4) in subsection (c)— 

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

7 and inserting the following: 

8 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE9 MENTS.— 

10 ‘‘(1) DESIGNATION OF STATES.— 

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

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

13 (i) in subparagraph (A) (as so des14 ignated)— 

15 (I) in the first sentence, by strik16 ing ‘‘solely for distribution within 

17 such State’’ and inserting ‘‘for dis18 tribution’’; and 

19 (II) in the second sentence, by 

20 striking ‘‘If the Secretary’’ and insert21 ing the following: 

22 ‘‘(B) DESIGNATION OF STATES.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided under clause (ii), if the Secretary’’; 


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•S 2814 IS

1 (ii) in subparagraph (B) (as so des2 ignated)— 

3 (I) in clause (i) (as so des4 ignated)— 

5 (aa) in the first sentence, by 

6 striking ‘‘wholly’’; and 

7 (bb) by striking ‘‘State: Pro8 vided, That if’’ and inserting the 

9 following: ‘‘State. 

10 ‘‘(ii) EXCEPTION.—If’’; and 

11 (II) in clause (ii) (as so des12 ignated)— 

13 (aa) in the first sentence— 

14 (AA) by striking ‘‘such 

15 designation’’ and inserting 

16 ‘‘a designation made under 

17 clause (i)’’; and 

18 (BB) by striking ‘‘he’’ 

19 each place it appears and in20 serting ‘‘the Secretary’’; and 

21 (bb) in the second sentence, 

22 by striking ‘‘The Secretary shall’’ 

23 and inserting the following: 

24 ‘‘(C) PUBLICATION OF DESIGNATION.— 

25 The Secretary shall’’; 


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•S 2814 IS

1 (iii) in subparagraph (C) (as so des2 ignated)— 

3 (I) in the first sentence— 

4 (aa) by striking ‘‘if such’’; 

5 and 

6 (bb) by striking ‘‘were’’ 

7 after ‘‘transactions’’; and 

8 (II) in the second sentence, by 

9 striking ‘‘However, notwithstanding’’ 

10 and inserting the following: 

11 ‘‘(D) ADULTERATED POULTRY PROD12 UCT.— 

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

14 and 

15 (iv) in subparagraph (D) (as so des16 ignated)— 

17 (I) in clause (i) (as so des18 ignated)— 

19 (aa) in the first sentence— 

20 (AA) by striking ‘‘with21 in such State’’; and 

22 (BB) by striking ‘‘sub23 paragraph (a)(4) of this sec24 tion’’ and inserting ‘‘sub25 section (a)(4)’’; and 


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•S 2814 IS

1 (bb) in the second sentence, 

2 by striking ‘‘If the State’’ and in3 serting the following: 

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

5 and 

6 (II) in clause (ii) (as so des7 ignated), by striking ‘‘as though en8 gaged in commerce’’; 

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

10 provisions’’ and inserting the following: 

11 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi12 sions’’; 

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

14 Whenever’’ and inserting the following: 

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

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

17 Secretary’’ and inserting the following: 

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

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

20 in’’ and inserting the following: 

21 ‘‘(d) DEFINITION OF STATE.—In’’. 

Æ 


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