(1) publish in the Federal Register food safety 
criteria that the Secretary shall consider in granting 
a request submitted by any establishment to operate 
at alternate inspection rates; and 
(2) begin reviewing and responding to such re-
quests from such establishments. 
(b) RESPONSE.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which a request from an establishment 
to operate at alternate inspection rates is submitted, 
the Secretary shall respond— 
(A) in the case of a request that the Sec-
retary determines meets the food safety criteria 
referred to in subsection (a)(1), by approving 
such request; or 
(B) in the case of a request that the Sec-
retary determines does not meet the food safety 
criteria referred to in subsection (a)(1), by de-
nying such request in writing and explaining in 
detail the reasons for such denial. 
(2) FAILURE BY SECRETARY TO RESPOND.—In 
the case of a failure by the Secretary to respond to 
a request during the 90-day period referred to in 
paragraph (1), such request shall be deemed to have 
been approved by the Secretary. 
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(c) CONTINUATION OF OPERATIONS AT CERTAIN ES-
TABLISHMENTS.—In the case of an establishment oper-
ating at alternate inspection rates as of the date of enact-
ment of this Act, the Secretary shall authorize such estab-
lishment to continue operating at such rates— 
(1) so long as the establishment maintains ef-
fective process control; or 
(2) until such date that the Secretary, under 
subsection (b)(1), approves or denies a request sub-
mitted by the establishment to operate at alternate 
inspection rates. 
(d) DURATION OF APPROVED REQUESTS.—An estab-
lishment may continue to operate pursuant to the terms 
of a request approved under subsection (b)(1) so long as 
the establishment continues to meet the food safety cri-
teria referred to in subsection (a)(1). 
(e) NONCOMPLIANCE AND REVOCATION.— 
(1) NOTICE
OF
NONCOMPLIANCE.—The Sec-
retary shall provide— 
(A) in the case of an establishment oper-
ating pursuant to the terms of a request ap-
proved under subsection (b)(1) that fails to 
meet the food safety criteria referred to in sub-
section (a)(1), written notice to such establish-
ment describing the nature of such failure; and 
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(B) in the case of an establishment con-
tinuing operations under subsection (c) that 
fails to adhere to the requirements of such sub-
section, written notice to such establishment de-
scribing the nature of such failure. 
(2) GRACE PERIOD; RESPONSE TO NONCOMPLI-
ANCE.—Following the 180-day period beginning on 
the date on which an establishment receives a writ-
ten notice of noncompliance under paragraph (1), if 
the Secretary determines the establishment has not 
remedied the failures described in such notice, the 
Secretary may— 
(A) at the discretion of the Secretary, pro-
vide the establishment an additional oppor-
tunity to remedy the failures described in such 
notice; or 
(B) revoke the authority of the establish-
ment to continue operating at alternate inspec-
tion rates and provide written notice to the es-
tablishment describing the basis for such rev-
ocation. 
(3) TIMELINE
FOR
ADJUSTING
INSPECTION 
RATES.— 
(A) IN GENERAL.—The written notice of 
revocation referred to in paragraph (2)(B) shall 
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include a timeline for adjusting inspection rates 
at the establishment receiving such notice to in-
spection rates otherwise permitted under regu-
lations implementing the post-mortem inspec-
tion requirements of the Federal Meat Inspec-
tion Act (21 U.S.C. 601 et seq.) and the Poul-
try Products Inspection Act (21 U.S.C. et seq.), 
in effect as of the date of enactment of this Act 
(or successor regulations). 
(B) MINIMIZATION
OF
NEGATIVE
IM-
PACTS.—In establishing the timeline for adjust-
ing inspection rates described in subparagraph 
(A), the Secretary shall— 
(i) consider potential effects on live 
animal production and sourcing; and 
(ii) consult with the establishment to 
which such rates shall apply to minimize 
negative impacts— 
(I) on the ability of the establish-
ment to fulfill any contractual obliga-
tions of the establishment in effect on 
the date on which such timeline is es-
tablished; 
(II) on animal producers or 
growers; and 
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(III) on animal welfare. 
(4) APPLICABILITY.—A revocation under para-
graph (2)(B) shall not limit the ability of an estab-
lishment to apply and be approved for alternate in-
spection rates under subsection (b)(1), so long as 
the establishment otherwise meets the food safety 
criteria referred to in subsection (a)(1). 
(f) DEFINITIONS.—In this section: 
(1) ALTERNATE INSPECTION RATES.—The term 
‘‘alternate inspection rates’’ means any rate in ex-
cess of the maximum rates permissible under regula-
tions implementing the post-mortem inspection re-
quirements of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) and the Poultry Products In-
spection Act (21 U.S.C. 451 et seq.), in effect as of 
the date of enactment of this Act (or successor regu-
lations). 
(2) ESTABLISHMENT.—The term ‘‘establish-
ment’’ means— 
(A) an official establishment that is subject 
to inspection under the Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.); and 
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(B) an official establishment that is sub-
ject to inspection under the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.). 
Æ 
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