I
103D CONGRESS
1ST SESSION
H. R. 3646
To amend the Federal Meat Inspection Act and the Poultry Products Inspec-
tion Act to permit the movement in interstate commerce of meat and
meat food products and poultry products that satisfy State inspection
requirements that are at least equal to Federal inspection standards.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. GUNDERSON introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To amend the Federal Meat Inspection Act and the Poultry
Products Inspection Act to permit the movement in inter-
state commerce of meat and meat food products and
poultry products that satisfy State inspection require-
ments that are at least equal to Federal inspection stand-
ards.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Meat and Poultry
Products Inspection Amendments of 1993’’.
SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE
FEDERAL MEAT INSPECTION ACT.
(a) REMOVAL OF INTRASTATE DISTRIBUTION LIMI-
TATION.—Subsection (a)(1) of section 301 of the Federal
Meat Inspection Act (21 U.S.C. 661) is amended by strik-
ing ‘‘solely for distribution within such State.’’.
(b) USE OF STATE INSPECTORS.—Subsection (a) of
such section is amended by adding at the end the following
new paragraph:
‘‘(5) In addition to appointing inspectors under
section 21, the Secretary may enter into agreements
to utilize officers and employees of a State or the
District of Columbia to conduct such examinations,
investigations, and inspections authorized under this
Act as the Secretary determines practicable.’’.
(c) TERMINATION OF DESIGNATION OF STATE AS
SUBJECT
TO FEDERAL INSPECTION
FOR INTRASTATE
DISTRIBUTION.—Subsection (c)(3) of such section is
amended by striking ‘‘, with respect to the operations and
transactions within such State which are regulated under
subparagraph (1), he’’ and inserting ‘‘with respect to all
establishments within its jurisdiction which do not operate
under Federal inspection under title I and at which any
cattle, sheep, swine, goats, or equines are slaughtered, or
their carcasses, or parts or products thereof, are prepared,
for use as human food, and with respect to the distribution
of carcasses, parts thereof, meat, or meat food products
of such animals within the States, the Secretary’’.
(d) EXPANSION
OF STATE INSPECTION AUTHOR-
ITY.—Such section is further amended—
(1) by redesignating subsection (d) as sub-
section (e); and
(2) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d)(1) Except as provided in paragraph (2), car-
casses, parts of carcasses, meat, and meat food products
of cattle, sheep, swine, goats, or equines prepared under
State inspection in any State (other than a State des-
ignated under subsection (c)) in compliance with the meat
inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into
and use in the preparation of products in establishments
at which Federal inspection is maintained under title I,
in the same manner and to the same extent as products
prepared at such establishments.
‘‘(2) State inspected articles described in paragraph
(1), and federally inspected articles prepared (in whole or
in part) from such State inspected articles—
‘‘(A) shall not be eligible for sale or transpor-
tation in foreign commerce; and
‘‘(B) shall be separated at all times from all
other federally inspected articles in any federally in-
spected establishment that engages in the prepara-
tion, sale, or transportation of carcasses, parts of
carcasses, meat, or meat food products, for foreign
commerce.
‘‘(3) All carcasses, parts of carcasses, meat, and meat
food products that are inspected in a program of inspec-
tion in a State (other than a State designated under sub-
section (c)) pursuant to State law shall be identified as
so inspected only by official marks that identify the State
and are such design as the State shall prescribe. Federally
inspected articles prepared (in whole or in part) from such
State inspected articles shall be identified as so inspected
only by the same official marks as prescribed by the Sec-
retary for articles slaughtered or prepared under title I.
‘‘(4) Except as provided in paragraph (5), the opera-
tor of an establishment operated under Federal or State
inspection who wishes to transfer to State or Federal in-
spection, as the case may be, may do so only on October
1 of any year. Such transfer shall occur only if—
‘‘(A) the operator provides written notice of the
intention to transfer to both inspection agencies at
least six months in advance of that date; and
‘‘(B) the Secretary determines that the transfer
will effectuate the purposes set forth in section 2
and will not adversely affect the stability of the total
State and Federal inspection systems.
‘‘(5) The Secretary may permit the operator of an
establishment to transfer from State to Federal inspection
at any time if the operator presents clear and convincing
evidence to the Secretary that the establishment intends
to, and will be able to, engage in foreign commerce to a
substantial extent in a manner which would require Fed-
eral inspection.
‘‘(6) For purposes of this subsection, the term ‘inter-
state commerce’ means commerce between States or be-
tween a State and the District of Columbia.’’.
(e) PROHIBITION ON ADDITIONAL OR DIFFERENT
STATE REQUIREMENTS.—Section 408 of such Act (21
U.S.C. 678) is amended to read as follows:
‘‘SEC. 408. (a) Requirements within the scope of this
Act with respect to premises, facilities and operations of
any establishment at which inspection is provided under
title I, which are in addition to, or different than those
made under this Act may not be imposed by any State
or Territory or the District of Columbia. However, any
such jurisdiction may impose recordkeeping and other re-
quirements within the scope of section 202, if consistent
with such section, with respect to any such establishment.
‘‘(b)(1) Except as provided in paragraph (2), mark-
ing, labeling, packaging, or ingredient requirements in ad-
dition to (or different than) those made under this Act
may not be imposed by any State or Territory or the Dis-
trict of Columbia with respect to articles prepared at any
establishment under Federal inspection in accordance with
the requirements of title I or with respect to articles pre-
pared for commerce at any State inspected establishment
in accordance with the requirements of section 301(d).
‘‘(2) A State or territory or the District of Columbia
may, consistent with the requirements under this Act, ex-
ercise concurrent jurisdiction with the Secretary over arti-
cles distributed in commerce or otherwise subject to this
Act, for the purpose of preventing the distribution for
human food purposes of any such articles which are not
in compliance with the requirements under this Act and
are outside of any federally or State inspected establish-
ment, or in the case of imported articles, which are not
at such an establishment, after their entry into the United
States.
‘‘(c) This Act shall not preclude any State or Terri-
tory or the District of Columbia from imposing a require-
ment or taking other action, consistent with this Act, with
respect to any other matters regulated under this Act.’’.
SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE
POULTRY PRODUCTS INSPECTION ACT.
(a) REMOVAL OF INTRASTATE DISTRIBUTION LIMI-
TATION.—Subsection (a)(1) of section 5 of the Poultry
Products Inspection Act (21 U.S.C. 454) is amended by
striking ‘‘solely for distribution within such State.’’.
(b) USE OF STATE INSPECTORS.—Subsection (a) of
such section is amended by adding at the end the following
new paragraph:
‘‘(5) The Secretary may enter into agreements
to utilize officers and employees of a State or the
District of Columbia to conduct such examinations,
investigations, and inspections authorized under this
Act as the Secretary determines practicable.’’.
(c) TERMINATION OF DESIGNATION OF STATE AS
SUBJECT
TO FEDERAL INSPECTION
FOR INTRASTATE
DISTRIBUTION.—Subsection (c)(3) of such section is
amended by striking ‘‘, with respect to the operations and
transactions within such State which are regulated under
subparagraph (1) of this paragraph (c), he’’ and inserting
‘‘with respect to all establishments within its jurisdiction
which do not operate under Federal inspection under this
Act and at which any poultry are slaughtered, or any poul-
try products are processed, for use as human food, and
with respect to the distribution of poultry products within
the States, the Secretary’’.
(d) EXPANSION
OF STATE INSPECTION AUTHOR-
ITY.—Such section is further amended—
(1) by redesignating subsection (d) as sub-
section (e); and
(2) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d)(1) Except as provided in paragraph (2), poultry
products processed under State inspection in any State
(other than a State designated under subsection (c)) in
compliance with the poultry products inspection law of the
State shall be eligible for sale or transportation in inter-
state commerce, and for entry into and use in the prepara-
tion of products in establishments at which Federal in-
spection is maintained under this Act, in the same manner
and to the same extent as poultry products processed at
such establishments. Poultry products complying with the
requirements of the poultry product inspection laws of the
State (other than a State designated under subsection (c))
in which the products were processed shall be considered
as complying with this Act.
‘‘(2) State inspected poultry products described in
paragraph (1), and federally inspected poultry products
processed (in whole or in part) from such State inspected
poultry products—
‘‘(A) shall not be eligible for sale or transpor-
tation in foreign commerce; and
‘‘(B) shall be separated at all times from all
other federally inspected poultry products in any
federally inspected establishment that engages in the
processing, sale, or transportation of poultry prod-
ucts for foreign commerce.
‘‘(3) All poultry products that are inspected in a pro-
gram of inspection in a State (other than a State des-
ignated under subsection (c)) pursuant to State law shall
be identified as so inspected only by official marks that
identify the State and are such design as the State shall
prescribe. Federally inspected poultry products processed
(in whole or in part) from such State inspected poultry
products shall be identified as so inspected only by the
same official marks as prescribed by the Secretary for
poultry products processed under this Act (other than this
section or section 11).
‘‘(4) Except as provided in paragraph (5), the opera-
tor of an establishment operated under Federal or State
inspection who wishes to transfer to State or Federal in-
spection, as the case may be, may do so only on October
1 of any year. Such transfer shall occur only if—
‘‘(A) the operator provides written notice of the
intention to transfer to both inspection agencies at
least six months in advance of that date; and
‘‘(B) the Secretary determines that the transfer
will effectuate the legislative policy set forth in sec-
tion 3 and will not adversely affect the stability of
the total State and Federal inspection systems.
‘‘(5) The Secretary may permit the operator of an
establishment to transfer from State to Federal inspection
at any time if the operator presents clear and convincing
evidence to the Secretary that the establishment intends
to, and will be able to, engage in foreign commerce to a
substantial extent in a manner which would require Fed-
eral inspection.
‘‘(6) For purposes of this subsection, the term ‘inter-
state commerce’ means commerce between States or be-
tween a State and the District of Columbia.’’.
(e) PROHIBITION ON ADDITIONAL OR DIFFERENT
STATE REQUIREMENTS.—Section 23 of such Act (21
U.S.C. 467e) is amended to read as follows:
‘‘SEC. 23. (a) Requirements within the scope of this
Act with respect to premises, facilities and operations of
any official establishment, which are in addition to, or dif-
ferent than those made under this Act may not be imposed
by any State or territory or the District of Columbia.
However, any such jurisdiction may impose recordkeeping
and other requirements within the scope of section 11(b),
if consistent with such section, with respect to any such
establishment.
‘‘(b)(1) Except as provided in paragraph (2), mark-
ing, labeling, packaging, or ingredient requirements in ad-
dition to (or different than) those made under this Act
may not be imposed by any State or territory or the Dis-
trict of Columbia with respect to articles prepared at any
establishment under Federal inspection in accordance with
the requirements of this Act or with respect to articles
prepared for commerce at any State inspected establish-
ment in accordance with the requirements of section 5(d).
Further storage or handling requirements found by the
Secretary to unduly interfere with the free flow of poultry
products in commerce shall not be imposed by any State
or territory or the District of Columbia.
‘‘(2) A State or territory or the District of Columbia
may, consistent with the requirements of this Act, exercise
concurrent jurisdiction with the Secretary over articles
distributed in commerce or otherwise subject to this Act,
for the purpose of preventing the distribution for human
food purposes of any such articles which are not in compli-
ance with the requirements of this Act and are outside
of any federally or State inspected establishment, or in
the case of imported articles, which are not at such an
establishment, after their entry into the United States.
‘‘(c) This Act shall not preclude any State or territory
or the District of Columbia from making requirements or
taking other action, consistent with this Act, with respect
to any other matters regulated under this Act.’’.
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