Title: New Markets for State-Inspected Meat and Poultry Act of 2021
Policy area: Agriculture and Food

Summary:
New Markets for State-Inspected Meat and Poultry Act of 2021
This bill allows meat and poultry products inspected by State Meat and Poultry Inspection programs to be sold in interstate commerce. Under the inspection programs, the Department of Agriculture Food Safety and Inspection Service allows states that meet certain requirements to inspect meat and poultry. The state-inspected products are currently limited to intrastate commerce, unless a state opts into a separate Cooperative Interstate Shipment Program.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 107 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 107

   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

                            January 28, 2021

   Mr. Rounds (for himself, Mr. King, Mr. Grassley, Mr. Cramer, Mr. 
 Daines, Mr. Barrasso, Mr. Manchin, Ms. Lummis, Ms. Smith, Mr. Tester, 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Markets for State-Inspected Meat 
and Poultry Act of 2021''.

SEC. 2. STATE-INSPECTED MEAT.

    Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is 
amended--
            (1) by striking the section designation and inserting the 
        following:

``SEC. 301. SALE OF INSPECTED MEAT AND MEAT FOOD PRODUCTS.'';

            (2) in subsection (a)--
                    (A) by striking ``In furtherance of this policy'' 
                in the matter preceding paragraph (1) and all that 
                follows through ``(1) The Secretary'' in paragraph (1) 
                and inserting the following:
                    ``(B) State programs.--
                            ``(i) In general.--The Secretary'';
                    (B) by striking ``(a) It is'' and inserting the 
                following:
    ``(a) State Meat Inspection Program.--
            ``(1) In general.--
                    ``(A) Policy.--It is''; and
                    (C) in paragraph (1)(B) (as so designated)--
                            (i) in clause (i) (as so designated), by 
                        striking ``solely for distribution within such 
                        State'' and inserting ``for distribution''; and
                            (ii) by adding at the end the following:
                            ``(ii) Interstate commerce.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this Act, the 
                                Secretary may allow the shipment in 
                                interstate commerce of carcasses, parts 
                                of carcasses, meat, and meat food 
                                products inspected under the State meat 
                                inspection program described in clause 
                                (i).
                                    ``(II) 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 movement or sale of meat 
                                or meat food products that have been 
                                inspected and passed in accordance with 
                                this Act for interstate commerce.'';
            (3) in subsection (b), by striking ``(b) The appropriate'' 
        and inserting the following:
    ``(b) Cooperation of State Agency.--The appropriate'';
            (4) in subsection (c)--
                    (A) by striking ``(c)(1) If the Secretary'' and 
                inserting the following:
    ``(c) Enforcement of Federal Requirements.--
            ``(1) Designation of states.--
                    ``(A) In general.--If the Secretary'';
                    (B) in paragraph (1) (as so designated)--
                            (i) in subparagraph (A) (as so 
                        designated)--
                                    (I) in the first sentence, by 
                                striking ``solely for distribution 
                                within such State'' and inserting ``for 
                                distribution''; and
                                    (II) in the second sentence, by 
                                striking ``If the Secretary'' and 
                                inserting the following:
                    ``(B) Designation of states.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), if the Secretary'';
                            (ii) in subparagraph (B) (as so 
                        designated)--
                                    (I) in clause (i) (as so 
                                designated)--
                                            (aa) in the first sentence, 
                                        by striking ``wholly''; and
                                            (bb) by striking ``State; 
                                        Provided, That if'' and 
                                        inserting the following: 
                                        ``State.
                            ``(ii) Exception.--If''; and
                                    (II) in clause (ii) (as so 
                                designated)--
                                            (aa) in the first 
                                        sentence--

                                                    (AA) by striking 
                                                ``such designation'' 
                                                and inserting ``a 
                                                designation made under 
                                                clause (i)''; and

                                                    (BB) by striking 
                                                ``he'' each place it 
                                                appears and inserting 
                                                ``the Secretary''; and

                                            (bb) in the second 
                                        sentence, by striking ``The 
                                        Secretary shall'' and inserting 
                                        the following:
                    ``(C) Publication of designation.--The Secretary 
                shall'';
                            (iii) in subparagraph (C) (as so 
                        designated)--
                                    (I) in the first sentence--
                                            (aa) by striking ``if 
                                        such''; and
                                            (bb) by striking ``were'' 
                                        after ``transactions''; and
                                    (II) in the second sentence, by 
                                striking ``Thereafter, upon request'' 
                                and inserting the following:
                    ``(D) Revocation of designation.--On request'';
                            (iv) in subparagraph (D) (as so 
                        designated)--
                                    (I) in the first sentence, by 
                                striking ``such designation'' and 
                                inserting ``a designation made under 
                                subparagraph (B)(i)''; and
                                    (II) by striking ``title IV of this 
                                Act: And provided further, That, 
                                notwithstanding''; and inserting the 
                                following: ``title IV.
                    ``(E) Adulterated meat or meat food product.--
                            ``(i) In general.--Notwithstanding''; and
                            (v) in subparagraph (E) (as so 
                        designated)--
                                    (I) in clause (i) (as so 
                                designated)--
                                            (aa) in the first 
                                        sentence--

                                                    (AA) by striking 
                                                ``within such State''; 
                                                and

                                                    (BB) by striking 
                                                ``section 301 of the 
                                                Act'' and inserting 
                                                ``this section''; and

                                            (bb) in the second 
                                        sentence, by striking ``If the 
                                        State'' and inserting the 
                                        following:
                            ``(ii) Enforcement.--If the State''; and
                                    (II) in clause (ii) (as so 
                                designated), by striking ``as though 
                                engaged in commerce'';
                    (C) in paragraph (2), by striking ``(2) The 
                provisions'' and inserting the following:
            ``(2) Exceptions to inspection.--The provisions'';
                    (D) in paragraph (3)--
                            (i) by striking ``(3) Whenever'' and 
                        inserting the following:
            ``(3) Termination of designation.--If''; and
                            (ii) by striking ``he'' and inserting ``the 
                        Secretary''; and
                    (E) in paragraph (4), by striking ``(4) The 
                Secretary'' and inserting the following:
            ``(4) Report.--The Secretary''; and
            (5) in subsection (d), by striking ``(d) As used in'' and 
        inserting the following:
    ``(d) Definition of State.--In''.

SEC. 3. STATE-INSPECTED POULTRY PRODUCTS.

    Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is 
amended--
            (1) by striking the section heading and designation and 
        inserting the following:

``SEC. 5. SALE OF INSPECTED POULTRY PRODUCTS.'';

            (2) in subsection (a)--
                    (A) by striking ``In furtherance of this policy'' 
                in the matter preceding paragraph (1) and all that 
                follows through ``(1) The Secretary'' in paragraph (1) 
                and inserting the following:
                    ``(B) State programs.--
                            ``(i) In general.--The Secretary'';
                    (B) by striking ``(a) It is'' and inserting the 
                following:
    ``(a) State Poultry Product Inspection Program.--
            ``(1) In general.--
                    ``(A) Policy.--It is''; and
                    (C) in paragraph (1)(B) (as so designated)--
                            (i) in clause (i) (as so designated), by 
                        striking ``solely for distribution within such 
                        State'' and inserting ``for distribution''; and
                            (ii) by adding at the end the following:
                            ``(ii) Interstate commerce.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this Act, the 
                                Secretary may allow the shipment in 
                                interstate commerce of poultry products 
                                inspected under the State poultry 
                                product inspection program described in 
                                clause (i).
                                    ``(II) Acceptance of interstate 
                                shipments of poultry products.--
                                Notwithstanding any provision of State 
                                law, a State or local government shall 
                                not prohibit or restrict the movement 
                                or sale of poultry products that have 
                                been inspected and passed in accordance 
                                with this Act for interstate 
                                commerce.'';
            (3) in subsection (b), by striking ``(b) The appropriate'' 
        and inserting the following:
    ``(b) Cooperation of State Agency.--The appropriate'';
            (4) in subsection (c)--
                    (A) by striking ``(c)(1) If the Secretary'' and 
                inserting the following:
    ``(c) Enforcement of Federal Requirements.--
            ``(1) Designation of states.--
                    ``(A) In general.--If the Secretary'';
                    (B) in paragraph (1) (as so designated)--
                            (i) in subparagraph (A) (as so 
                        designated)--
                                    (I) in the first sentence, by 
                                striking ``solely for distribution 
                                within such State'' and inserting ``for 
                                distribution''; and
                                    (II) in the second sentence, by 
                                striking ``If the Secretary'' and 
                                inserting the following:
                    ``(B) Designation of states.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), if the Secretary'';
                            (ii) in subparagraph (B) (as so 
                        designated)--
                                    (I) in clause (i) (as so 
                                designated)--
                                            (aa) in the first sentence, 
                                        by striking ``wholly''; and
                                            (bb) by striking ``State: 
                                        Provided, That if'' and 
                                        inserting the following: 
                                        ``State.
                            ``(ii) Exception.--If''; and
                                    (II) in clause (ii) (as so 
                                designated)--
                                            (aa) in the first 
                                        sentence--

                                                    (AA) by striking 
                                                ``such designation'' 
                                                and inserting ``a 
                                                designation made under 
                                                clause (i)''; and

                                                    (BB) by striking 
                                                ``he'' each place it 
                                                appears and inserting 
                                                ``the Secretary''; and

                                            (bb) in the second 
                                        sentence, by striking ``The 
                                        Secretary shall'' and inserting 
                                        the following:
                    ``(C) Publication of designation.--The Secretary 
                shall'';
                            (iii) in subparagraph (C) (as so 
                        designated)--
                                    (I) in the first sentence--
                                            (aa) by striking ``if 
                                        such''; and
                                            (bb) by striking ``were'' 
                                        after ``transactions''; and
                                    (II) in the second sentence, by 
                                striking ``However, notwithstanding'' 
                                and inserting the following:
                    ``(D) Adulterated poultry product.--
                            ``(i) In general.--Notwithstanding''; and
                            (iv) in subparagraph (D) (as so 
                        designated)--
                                    (I) in clause (i) (as so 
                                designated)--
                                            (aa) in the first 
                                        sentence--

                                                    (AA) by striking 
                                                ``within such State''; 
                                                and

                                                    (BB) by striking 
                                                ``subparagraph (a)(4) 
                                                of this section'' and 
                                                inserting ``subsection 
                                                (a)(4)''; and

                                            (bb) in the second 
                                        sentence, by striking ``If the 
                                        State'' and inserting the 
                                        following:
                            ``(ii) Enforcement.--If the State''; and
                                    (II) in clause (ii) (as so 
                                designated), by striking ``as though 
                                engaged in commerce'';
                    (C) in paragraph (2), by striking ``(2) The 
                provisions'' and inserting the following:
            ``(2) Exceptions to inspection.--The provisions'';
                    (D) in paragraph (3), by striking ``(3) Whenever'' 
                and inserting the following:
            ``(3) Termination of designation.--If''; and
                    (E) in paragraph (4), by striking ``(4) The 
                Secretary'' and inserting the following:
            ``(4) Report.--The Secretary''; and
            (5) in subsection (d), by striking ``(d) As used in'' and 
        inserting the following:
    ``(d) Definition of State.--In''.
                                 <all>