(1) by redesignating section 411 (21 U.S.C. 
681) as section 414; and 
(2) by inserting after section 410 (21 U.S.C. 
680) the following: 
‘‘SEC. 411. RESTAURANTS AND RETAIL STORES. 
‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION 
REQUIREMENTS.—The provisions of this Act requiring in-
spection of the slaughter of animals and the preparation 
of carcasses, parts of carcasses, meat, and meat food prod-
ucts shall not apply to operations of types traditionally 
and usually conducted at retail stores and restaurants, as 
determined by the Secretary, if the operations are con-
ducted at a retail store, restaurant, or similar retail estab-
lishment for sale of such prepared articles in normal retail 
quantities or for service of the articles to consumers at 
such an establishment. 
‘‘(b) CENTRAL KITCHEN FACILITIES.— 
‘‘(1) IN GENERAL.—For the purposes of this 
section, operations conducted at a central kitchen fa-
cility of a restaurant shall be considered to be con-
ducted at a restaurant if the central kitchen of the 
restaurant prepares meat or meat food products that 
are ready to eat when they leave the facility and are 
served in meals or as entrees only to customers at 
restaurants owned or operated by the same person, 
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firm, or corporation that owns or operates the facil-
ity. 
‘‘(2) EXCEPTION.—A facility described in para-
graph (1) shall be subject to section 202 and may 
be subject to the inspection requirements of title I 
for as long as the Secretary determines to be nec-
essary, if the Secretary determines that the sanitary 
conditions or practices of the facility or the proc-
essing procedures or methods at the facility are such 
that any of the meat or meat food products of the 
facility are rendered adulterated. 
‘‘SEC. 412. ACCEPTANCE OF INTERSTATE SHIPMENTS OF 
MEAT AND MEAT FOOD PRODUCTS. 
‘‘Notwithstanding any provision of State law, a State 
or local government shall not prohibit or restrict the move-
ment or sale of meat or meat food products that have been 
inspected and passed in accordance with this Act for inter-
state commerce. 
‘‘SEC. 413. ADVISORY COMMITTEES FOR FEDERAL AND 
STATE PROGRAMS. 
‘‘The Secretary may appoint advisory committees 
consisting of such representatives of appropriate State 
agencies as the Secretary and the State agencies may des-
ignate to consult with the Secretary concerning State and 
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Federal programs with respect to meat inspection and 
other matters within the scope of this Act.’’. 
SEC. 4. STATE POULTRY INSPECTION PROGRAMS. 
(a) IN GENERAL.—The Poultry Products Inspection 
Act (21 U.S.C. 451 et seq.) is amended by striking section 
5 and inserting the following: 
‘‘SEC. 5. STATE POULTRY INSPECTION PROGRAMS. 
‘‘(a) POLICY.—It is the policy of Congress to protect 
the public from poultry products that are adulterated or 
misbranded and to assist in efforts by State and other gov-
ernment agencies to accomplish that policy. 
‘‘(b) FINDINGS.—Congress finds that— 
‘‘(1) the goal of a safe and wholesome supply 
of poultry products throughout the United States 
would be better served if a consistent set of require-
ments, established by the Federal Government, were 
applied to all poultry products, whether produced 
under State inspection or Federal inspection; 
‘‘(2) under such a system, State and Federal 
poultry inspection programs would function together 
to create a seamless inspection system to ensure 
food safety and inspire consumer confidence in the 
food supply in interstate commerce; and 
‘‘(3) such a system would ensure the viability of 
State poultry inspection programs, which should 
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help to foster the viability of small official establish-
ments. 
‘‘(c) APPROVAL
OF STATE POULTRY INSPECTION 
PROGRAMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, the Secretary may approve a 
State poultry inspection program and allow the ship-
ment in commerce of poultry products inspected 
under the State poultry inspection program in ac-
cordance with this section and section 5A. 
‘‘(2) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—To receive or main-
tain approval from the Secretary for a State 
poultry inspection program in accordance with 
paragraph (1), a State shall— 
‘‘(i) implement a State poultry inspec-
tion program that enforces the mandatory 
antemortem and postmortem inspection, 
reinspection, sanitation, and related Fed-
eral requirements of sections 1 through 4 
and 6 through 33 (including the regula-
tions, directives, notices, policy memo-
randa, and other regulatory requirements 
issued under those sections); and 
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‘‘(ii) enter into a cooperative agree-
ment with the Secretary in accordance 
with paragraph (3). 
‘‘(B) ADDITIONAL REQUIREMENTS.— 
‘‘(i) IN GENERAL.—In addition to the 
requirements described in subparagraph 
(A), a State poultry inspection program re-
viewed in accordance with section 2 of the 
New Markets for State-Inspected Meat and 
Poultry Act of 2006 shall implement, not 
later 180 days after the date on which the 
report is submitted under subsection (b) of 
such section, all recommendations from the 
review, in a manner approved by the Sec-
retary. 
‘‘(ii) REVIEW OF NEW STATE POUL-
TRY INSPECTION PROGRAMS.— 
‘‘(I) REVIEW
REQUIREMENT.— 
Not later than one year after the date 
on which the Secretary approves a 
new State poultry inspection program, 
the Secretary shall conduct a review 
of the new State poultry inspection 
program, which shall include— 
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‘‘(aa) a determination of the 
effectiveness of the new State 
poultry inspection program; and 
‘‘(bb) 
identification 
of 
changes necessary to ensure en-
forcement of Federal inspection 
requirements. 
‘‘(II) 
IMPLEMENTATION
RE-
QUIREMENTS.—In addition to the re-
quirements described in subparagraph 
(A), to continue to be an approved 
State poultry inspection program, a 
new State poultry inspection program 
shall implement all recommendations 
from the review conducted in accord-
ance with this clause, in a manner ap-
proved by the Secretary. 
‘‘(III) 
DEFINITION
OF
NEW 
STATE
POULTRY
INSPECTION
PRO-
GRAM.—In this clause, the term ‘new 
State poultry inspection program’ 
means a State poultry inspection pro-
gram that is not approved in accord-
ance with paragraph (1) between the 
effective date of the New Markets for 
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State-Inspected Meat and Poultry Act 
of 2006 and the date that is one year 
after the effective date of such Act. 
‘‘(3) 
COOPERATIVE
AGREEMENT.—Notwith-
standing chapter 63 of title 31, United States Code, 
the Secretary may enter into a cooperative agree-
ment with a State that— 
‘‘(A) establishes the terms governing the 
relationship between the Secretary and the 
State poultry inspection program; 
‘‘(B) provides that the State will adopt (in-
cluding adoption by reference) provisions iden-
tical to sections 1 through 4 and 6 through 33 
(including the regulations, directives, notices, 
policy memoranda, and other regulatory re-
quirements issued under those sections); 
‘‘(C) provides that State-inspected and 
passed poultry products may be marked with 
the mark of State inspection, which shall be 
deemed to be an official mark, in accordance 
with requirements issued by the Secretary; 
‘‘(D) provides that the State will comply 
with all labeling requirements issued by the 
Secretary governing poultry products inspected 
under the State poultry inspection program; 
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‘‘(E) provides that the Secretary shall have 
authority— 
‘‘(i) to detain and seize poultry and 
poultry products under the State poultry 
inspection program; 
‘‘(ii) to obtain access to facilities, 
records, and poultry products of any per-
son that slaughters, processes, handles, 
stores, transports, or sells poultry products 
inspected under the State poultry inspec-
tion program to determine compliance with 
this Act (including the regulations issued 
under this Act); and 
‘‘(iii) to direct the State to conduct 
any activity authorized to be conducted by 
the Secretary under this Act (including the 
regulations issued under this Act); and 
‘‘(F) includes such other terms as the Sec-
retary determines to be necessary to ensure 
that the actions of the State and the State 
poultry inspection program are consistent with 
this Act (including the regulations, directives, 
notices, policy memoranda, and other regulatory 
requirements issued under this Act). 
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‘‘(4) RESTRICTION ON ESTABLISHMENT SIZE.— 
After the date that is 90 days after the effective 
date of the New Markets for State-Inspected Meat 
and Poultry Act of 2006, establishments with more 
than 50 employees may not be accepted into a State 
meat inspection program. Any establishment that is 
subject to state inspection on such date may remain 
subject to state inspection. 
‘‘(5) REIMBURSEMENT OF STATE COSTS.—The 
Secretary may reimburse a State for not more than 
60 percent of the State’s costs of meeting the Fed-
eral requirements for the State poultry inspection 
program. 
‘‘(6) SAMPLING.—A duly authorized representa-
tive of the Secretary shall be afforded access to 
State inspected establishments to take reasonable 
samples of their inventory upon payment of the fair 
market value therefor. 
‘‘(7) NONCOMPLIANCE.—If the Secretary deter-
mines that a State poultry inspection program does 
not comply with this section, section 5A, or the co-
operative agreement under paragraph (3), the Sec-
retary shall take such action as the Secretary deter-
mines to be necessary to ensure that the poultry 
products in the State are inspected in a manner that 
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effectuates this Act (including the regulations, direc-
tives, notices, policy memoranda, and other regu-
latory requirements issued under this Act). 
‘‘(d) ANNUAL REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a process to annually review each 
State poultry inspection program approved under 
this section and to certify the State poultry inspec-
tion programs that comply with the cooperative 
agreement entered into with the State under sub-
section (c)(3). 
‘‘(2) COMMENT FROM INTERESTED PARTIES.— 
In developing the review process described in para-
graph (1), the Secretary shall solicit comment from 
interested parties. 
‘‘(e) FEDERAL INSPECTION OPTION.— 
‘‘(1) IN
GENERAL.—An official establishment 
that operates in a State with an approved State 
poultry inspection program may apply for inspection 
under the State poultry inspection program or for 
Federal inspection. 
‘‘(2) LIMITATION.—An official establishment 
shall not make an application under paragraph (1) 
more than once every 4 years. 
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‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY IN-
SPECTION ACTIVITIES. 
‘‘(a) AUTHORITY TO TAKE OVER STATE POULTRY 
INSPECTION PROGRAMS.— 
‘‘(1) NOTIFICATION.—If the Secretary has rea-
son to believe that a State is not in compliance with 
this Act (including the regulations, directives, no-
tices, policy memoranda, and other regulatory re-
quirements issued under this Act) or the cooperative 
agreement under section 5(c)(3) and is considering 
the revocation or temporary suspension of the ap-
proval of the State poultry inspection program, the 
Secretary shall promptly notify and consult with the 
Governor of the State. 
‘‘(2) SUSPENSION AND REVOCATION.— 
‘‘(A) IN GENERAL.—The Secretary may re-
voke or temporarily suspend the approval of a 
State poultry inspection program and take over 
a State poultry inspection program if the Sec-
retary determines that the State poultry inspec-
tion program is not in compliance with this Act 
(including the regulations, directives, notices, 
policy memoranda, and other regulatory re-
quirements issued under this Act) or the coop-
erative agreement. 
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‘‘(B) 
PROCEDURES
FOR
REINSTATE-
MENT.—A State poultry inspection program 
that has been the subject of a revocation may 
be reinstated as an approved State poultry in-
spection program under this Act only in accord-
ance 
with 
the 
procedures 
under 
section 
5(c)(2)(B)(ii). 
‘‘(3) PUBLICATION.—If the Secretary revokes 
or temporarily suspends the approval of a State 
poultry inspection program in accordance with para-
graph (2), the Secretary shall publish notice of the 
revocation or temporary suspension under that para-
graph in the Federal Register. 
‘‘(4) INSPECTION
OF
ESTABLISHMENTS.—Not 
later than 30 days after the date of publication of 
a determination under paragraph (3), an official es-
tablishment subject to a State poultry inspection 
program with respect to which the Secretary makes 
a determination under paragraph (2) shall be in-
spected by the Secretary. 
‘‘(b) EXPEDITED AUTHORITY TO TAKE OVER IN-
SPECTION OF STATE-INSPECTED OFFICIAL ESTABLISH-
MENTS.—Notwithstanding any other provision of this 
title, if the Secretary determines that an official establish-
ment operating under a State poultry inspection program 
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is not operating in accordance with this Act (including the 
regulations, directives, notices, policy memoranda, and 
other regulatory requirements issued under this Act) or 
the cooperative agreement under section 5(c)(3), and the 
State, after notification by the Secretary to the Governor, 
has not taken appropriate action within a reasonable time 
as determined by the Secretary, the Secretary may imme-
diately determine that the official establishment is an es-
tablishment that shall be inspected by the Secretary, until 
such time as the Secretary determines that the State will 
meet the requirements of this Act (including the regula-
tions, directives, notices, policy memoranda, and other reg-
ulatory requirements) and the cooperative agreement with 
respect to the official establishment.’’. 
(b) RESTAURANTS AND RETAIL STORES, ACCEPT-
ANCE OF INTERSTATE SHIPMENTS OF POULTRY PROD-
UCTS, AND ADVISORY COMMITTEES FOR FEDERAL AND 
STATE PROGRAMS.—The Poultry Products Inspection Act 
(21 U.S.C. 451 et seq.) is amended by inserting after sec-
tion 30 the following: 
‘‘SEC. 31. RESTAURANTS AND RETAIL STORES. 
‘‘(a) LIMITATION ON APPLICABILITY OF INSPECTION 
REQUIREMENTS.—The provisions of this Act requiring in-
spection of the slaughter of poultry and the processing of 
poultry products shall not apply to operations of types tra-
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ditionally and usually conducted at retail stores and res-
taurants, if the operations are conducted at a retail store, 
restaurant, or similar retail establishment for sale of such 
prepared articles in normal retail quantities or for service 
of the articles to consumers at such an establishment. 
‘‘(b) CENTRAL KITCHEN FACILITIES.— 
‘‘(1) IN GENERAL.—For the purposes of this 
section, operations conducted at a central kitchen fa-
cility of a restaurant shall be considered to be con-
ducted at a restaurant if the central kitchen of the 
restaurant prepares poultry products that are ready 
to eat when they leave the facility and are served in 
meals or as entrees only to customers at restaurants 
owned or operated by the same person that owns or 
operates the facility. 
‘‘(2) EXCEPTION.—A facility described in para-
graph (1) shall be subject to section 11(b) and may 
be subject to the inspection requirements of this Act 
for as long as the Secretary determines to be nec-
essary, if the Secretary determines that the sanitary 
conditions or practices of the facility or the proc-
essing procedures or methods at the facility are such 
that any of the poultry products of the facility are 
rendered adulterated. 
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‘‘SEC. 32. ACCEPTANCE OF INTERSTATE SHIPMENTS OF 
POULTRY PRODUCTS. 
‘‘Notwithstanding any provision of State law, a State 
or local government shall not prohibit or restrict the move-
ment or sale of poultry products that have been inspected 
and passed in accordance with this Act for interstate com-
merce. 
‘‘SEC. 33. ADVISORY COMMITTEES FOR FEDERAL AND 
STATE PROGRAMS. 
‘‘The Secretary may appoint advisory committees 
consisting of such representatives of appropriate State 
agencies as the Secretary and the State agencies may des-
ignate to consult with the Secretary concerning State and 
Federal programs with respect to poultry product inspec-
tion and other matters within the scope of this Act’’. 
SEC. 5. REGULATIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall pro-
mulgate such regulations as are necessary to implement 
the amendments made by sections 3 and 4. 
SEC. 6. EFFECTIVE DATE. 
The amendments made by sections 3 and 4 of this 
Act shall take effect on the date that is 180 days after 
the date of the enactment of this Act. 
Æ 
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