I 118th CONGRESS 1st Session H. R. 5106 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 Committee 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.

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 requests 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 Secretary 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 Secretary determines does not meet the food safety criteria referred to in subsection (a)(1), by denying 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. (c) Continuation of operations at certain establishments In the case of an establishment operating at alternate inspection rates as of the date of enactment of this Act, the Secretary shall authorize such establishment to continue operating at such rates— (1) so long as the establishment maintains effective process control; or (2) until such date that the Secretary, under subsection (b)(1), approves or denies a request submitted by the establishment to operate at alternate inspection rates. (d) Duration of approved requests An establishment 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 criteria referred to in subsection (a)(1). (e) Noncompliance and revocation (1) Notice of noncompliance The Secretary shall provide— (A) in the case of an establishment operating pursuant to the terms of a request approved under subsection (b)(1) that fails to meet the food safety criteria referred to in subsection (a)(1), written notice to such establishment describing the nature of such failure; and (B) in the case of an establishment continuing operations under subsection (c) that fails to adhere to the requirements of such subsection, written notice to such establishment describing the nature of such failure. (2) Grace period; response to noncompliance Following the 180-day period beginning on the date on which an establishment receives a written 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, provide the establishment an additional opportunity to remedy the failures described in such notice; or (B) revoke the authority of the establishment to continue operating at alternate inspection rates and provide written notice to the establishment describing the basis for such revocation. (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 inspection rates otherwise permitted under regulations implementing the post-mortem inspection requirements of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) and the Poultry 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 impacts In establishing the timeline for adjusting 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 establishment to fulfill any contractual obligations of the establishment in effect on the date on which such timeline is established; (II) on animal producers or growers; and (III) on animal welfare. (4) Applicability A revocation under paragraph (2)(B) shall not limit the ability of an establishment to apply and be approved for alternate inspection 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 excess of the maximum rates permissible under regulations implementing the post-mortem inspection requirements of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) and the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), in effect as of the date of enactment of this Act (or successor regulations). (2) Establishment The term establishment 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 subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ).