I 
118TH CONGRESS 
1ST SESSION H. R. 5106 
To direct the Secretary of Agriculture to publish criteria for the review 
of requests by certain meat or poultry establishments to operate at 
alternate inspection rates, to review and respond to such requests, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2023 
Mr. FINSTAD (for himself, Mr. DUARTE, Mr. ALFORD, Mr. BISHOP of North 
Carolina, Mr. SMITH of Nebraska, Mr. CLYDE, Mrs. FISCHBACH, and Mr. 
ROUZER) introduced the following bill; which was referred to the Com-
mittee on Agriculture 
A BILL 
To direct the Secretary of Agriculture to publish criteria 
for the review of requests by certain meat or poultry 
establishments to operate at alternate inspection rates, 
to review and respond to such requests, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. REQUESTS FOR ALTERNATE INSPECTION 
RATES OF MEAT AND POULTRY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Agriculture 
(referred to in this section as the ‘‘Secretary’’) shall— 
(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. 
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(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. 
(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— 
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(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 
(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-
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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 
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— 
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(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 
(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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