109th CONGRESS
2d Session
S. 3519
To reform the State inspection of meat and poultry in the United
States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 15, 2006
Mr. HATCH (for himself, Mr. CONRAD, and Mr. KOHL) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To reform the State inspection of meat and poultry in the United
States, 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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Agriculture Small Business
Opportunity and Enhancement Act of 2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--MEAT INSPECTION
Sec. 101. Federal and State cooperation on meat inspection for intrastate
distribution.
Sec. 102. State meat inspection programs.
TITLE II--POULTRY INSPECTION
Sec. 201. Federal and State cooperation on poultry inspection for intrastate
distribution.
Sec. 202. State poultry inspection programs.
TITLE III--GENERAL PROVISIONS
Sec. 302. Termination of authority to establish an interstate inspection
program.
TITLE I--MEAT INSPECTION
SEC. 101. FEDERAL AND STATE COOPERATION ON MEAT INSPECTION FOR INTRASTATE
DISTRIBUTION.
(1) IN GENERAL- The Federal Meat Inspection Act is amended--
(A) by redesignating title III (21 U.S.C. 661 et seq.) as title V and
moving that title so as to appear at the end of that Act;
(B) by redesignating section 301 (21 U.S.C. 661) as section 501;
(C) in title V (as redesignated by subparagraph (A)), by striking the
title heading and inserting the following:
`TITLE V--FEDERAL AND STATE COOPERATION ON MEAT INSPECTION FOR INTRASTATE
DISTRIBUTION';
(D) in the fourth sentence of section 501(c)(1) (as redesignated by
subparagraph (B)), by striking `section 301 of the Act' and inserting
`subsection (a)(4)'.
(2) CONFORMING AMENDMENTS-
(A) Section 7(c) of the Federal Meat Inspection Act (21 U.S.C. 607(c))
is amended in the second sentence by striking `section 301 of this Act'
and inserting `section 501(a)(4)'.
(B) Section 24 of the Federal Meat Inspection Act (21 U.S.C. 624) is
amended in the last sentence by striking `section 301 of this Act' and
inserting `section 501(a)(4)'.
(C) Section 205 of the Federal Meat Inspection Act (21 U.S.C. 645) is
amended by striking `section 301 of this Act' and inserting `section
501(a)(4)'.
(3) EFFECTIVE DATE- This subsection takes effect on January 1, 2007.
(1) IN GENERAL- Title V of the Federal Meat Inspection Act (as amended
by subsection (a)(1)) is repealed.
(2) CONFORMING AMENDMENTS-
(A) Section 7(c) of the Federal Meat Inspection Act (21 U.S.C. 607(c))
(as amended by subsection (a)(2)(A)) is amended in the second sentence
by striking `section 501(a)(4)' and inserting `section 412'.
(B) Section 24 of the Federal Meat Inspection Act (21 U.S.C. 624) (as
amended by subsection (a)(2)(B)) is amended in the last sentence by
striking `section 501(a)(4)' and inserting `section 412'.
(C) Section 205 of the Federal Meat Inspection Act (21 U.S.C. 645) (as
amended by subsection (a)(2)(C)) is amended by striking `section 501(a)(4)'
and inserting `section 412'.
(3) EFFECTIVE DATE- Except as provided in section 302, this subsection
takes effect on January 1, 2007.
SEC. 102. STATE MEAT INSPECTION PROGRAMS.
(a) In General- The Federal Meat Inspection Act (as amended by section 101(a)(1))
is amended by inserting after title II (21 U.S.C. 641 et seq.) the following:
`TITLE III--STATE MEAT INSPECTION PROGRAMS
`SEC. 301. POLICY AND FINDINGS.
`(a) Policy- It is the policy of Congress to ensure that consumers continue
to have access to a safe, wholesome, abundant, and affordable supply of
meat and meat food products and to assist in efforts by State and other
government agencies to accomplish that policy.
`(b) Findings- Congress finds that--
`(1) the goal of providing a safe, wholesome, abundant, and affordable
supply of meat and meat food products throughout the United States is
achieved, in part, through the role played by both Federal and State food
safety inspection programs;
`(2) as of the date of enactment of the Agriculture Small Business Opportunity
and Enhancement Act of 2006, State and local government programs conduct
more than 80 percent of food establishment inspections, respond to and
manage the majority of food emergencies in the United States, and conduct
the majority of food product testing for bacteriological or chemical contamination;
`(3) important Federal regulatory programs have been effectively applied
to improve all segments of the extensive food safety system of the United
States, including the food production and distribution chain, animal and
plant husbandry, production, transportation, and preparation;
`(4) an extensive science-based food safety verification system became
effective in 1996 with the Pathogen Reduction/Hazard Analysis and Critical
Control Point systems of the Department of Agriculture (referred to in
this subsection as the `HACCP system');
`(5) the HACCP system has been fully implemented for all inspection establishments
since 2000, providing the Department of Agriculture with years of food
safety testing and verification data, which provide timely information
to both consumers and industry;
`(6) Federal and State meat inspection programs should function together
as a seamless system in both intrastate and interstate commerce;
`(7) coordinating Federal and State inspection programs will improve food
safety and enhance consumer confidence in the food supply;
`(8) there are no substantive distinctions between Federal and State inspection
requirements because State meat and poultry inspection programs must equal
or exceed the level of food safety for the Federal inspection program;
`(9) the Department of Agriculture updated the policy and procedures for
reviewing State inspection programs in 2004, which has further strengthened
testing and training requirements by adding a higher margin of safety
to the State inspection process;
`(10) the Department of Agriculture has undertaken a new comprehensive
review of State meat and poultry inspection programs and issued an interim
report in 2005 that found that State inspection programs are at least
equal to the Federal inspection program;
`(11) in approximately half of the States with inspection programs, the
State inspectors provide inspection coverage for both Federal and State
facilities;
`(12) the statutory prohibition in effect as of the date of enactment
of the Agriculture Small Business Opportunity and Enhancement Act of 2006
against interstate shipment of State-inspected meat products is not in
the best interests of consumers or small business;
`(13) 3 advisory committees of the Department of Agriculture have urged
aggressive action to end the inequities in meat inspection and recommended
that steps be taken to promote the competitiveness of State-inspected
meat products that meet Federal standards of inspection by allowing the
sale of the meat in interstate commerce;
`(14) State-inspected meat and poultry are the only commodities that are
restricted from sale across State lines, although other commodities that
are inspected under State jurisdiction are marketed freely in the United
States;
`(15) the same marketing options that apply to other commodities should
be available for State-inspected meat and poultry;
`(16) interstate markets for State-inspected products will spur more competition
and innovation in the industry, providing consumers with more choices
in the supermarket; and
`(17) increased markets will stimulate small business sales, expand rural
development, and increase local tax bases, benefitting producers, processors,
related industries, and consumers.
`SEC. 302. DEFINITION OF REGULATORY DOCUMENT.
`In this title, the term `regulatory document' means--
`(3) a policy memorandum.
`SEC. 303. APPROVAL OF STATE MEAT INSPECTION PROGRAMS.
`(a) In General- Notwithstanding any other provision of this Act, the Secretary
may approve a State meat inspection program and allow the shipment in commerce
of carcasses, parts of carcasses, meat, and meat food products inspected
under the State meat inspection program in accordance with this title.
`(b) Eligibility- To receive or maintain approval from the Secretary for
a State meat inspection program in accordance with subsection (a), a State
shall--
`(1) implement a State meat inspection program that enforces the mandatory
antemortem and postmortem inspection, reinspection, sanitation, and related
Federal requirements of titles I, II, and IV (including applicable regulations
promulgated and regulatory documents issued under those titles); and
`(2) enter into a cooperative agreement with the Secretary in accordance
with subsection (c).
`(c) Cooperative Agreement- Notwithstanding chapter 63 of title 31, United
States Code, the Secretary may enter into a cooperative agreement with a
State that--
`(1) establishes the terms governing the relationship between the Secretary
and the State meat inspection program; and
`(A) the State will adopt (including adoption by reference) provisions
equivalent to titles I, II, and IV (including applicable regulations
promulgated and regulatory documents issued under those titles);
`(B) State-inspected and passed meat and meat food products will be
marked with a mark of State inspection, which shall be deemed to be
an official mark, in accordance with requirements issued by the Secretary;
`(C) the State will comply with all labeling requirements issued by
the Secretary governing meat and meat food products inspected under
the State meat inspection program;
`(D) the Secretary shall have authority--
`(i) to detain and seize livestock, carcasses, parts of carcasses,
meat, and meat food products under the State meat inspection program;
`(ii) to obtain access to facilities, records, livestock, carcasses,
parts of carcasses, meat, and meat food products of any person, firm,
or corporation that slaughters, processes, handles, stores, transports,
or sells meat or meat food products inspected under the State meat
inspection program to determine compliance with this Act (including
applicable regulations promulgated and regulatory documents issued
under this Act); and
`(iii) to direct the State to conduct any activity authorized to be
conducted by the Secretary under this Act (including applicable regulations
promulgated and regulatory documents issued under this Act); and
`(iv) such other terms as the Secretary determines to be necessary
shall be included in the cooperative agreement to ensure that the
actions of the State and the State meat inspection program are consistent
with this Act (including applicable regulations promulgated and regulatory
documents issued under this Act).
`(d) Restriction on Establishment Size-
`(1) IN GENERAL- Except as provided in paragraph (2), establishments with
more than 50 employees may not be accepted into a State meat inspection
program.
`(2) EXISTING ESTABLISHMENTS- Subject to paragraph (3), any establishment
that is subject to State inspection on January 1, 2007, may remain subject
to State inspection.
`(3) FEDERALLY-INSPECTED ESTABLISHMENTS- After January 1, 2007, a Federally-inspected
establishment shall not be eligible to apply for and receive State inspection
if the establishment has more than 50 employees.
`(e) Reimbursement of State Costs- The Secretary may reimburse the State
for not more than 60 percent of the State's costs of meeting the Federal
requirements for the State meat inspection program.
`(f) Sampling- A duly authorized representative of the Secretary shall be
afforded access to State-inspected establishments to take reasonable samples
of the inventory of the establishments upon payment of the fair market value
of the samples.
`(g) Noncompliance- If the Secretary determines that a State meat inspection
program does not comply with this title or the cooperative agreement under
subsection (c), the Secretary shall take such action as the Secretary determines
to be necessary to ensure that the carcasses, parts of carcasses, meat,
and meat food products in the State are inspected in a manner that effectuates
this Act (including applicable regulations promulgated and regulatory documents
issued under this Act).
`SEC. 304. AUTHORITY TO TAKE OVER STATE MEAT INSPECTION PROGRAMS.
`(a) Notification- If the Secretary has reason to believe that a State is
not in compliance with this Act (including applicable regulations promulgated
and regulatory documents issued under this Act) or the cooperative agreement
under section 303(c) and is considering the revocation or temporary suspension
of the approval of the State meat inspection program, the Secretary shall
promptly notify and consult with the Governor of the State.
`(b) Suspension and Revocation- The Secretary may revoke or temporarily
suspend the approval of a State meat inspection program and take over a
State meat inspection program if the Secretary determines that the State
meat inspection program is not in compliance with this Act (including applicable
regulations promulgated and regulatory documents issued under this Act)
or the cooperative agreement.
`(c) Publication- If the Secretary revokes or temporarily suspends the approval
of a State meat inspection program in accordance with subsection (b), the
Secretary shall publish the determination under that subsection in the Federal
Register.
`(d) Inspection of Establishments- On the expiration of 30 days after the
date of publication of a determination under subsection (c), an establishment
subject to a State meat inspection program with respect to which the Secretary
makes a determination under subsection (b) shall be inspected by the Secretary.
`SEC. 305. EXPEDITED AUTHORITY TO TAKE OVER INSPECTION OF STATE-INSPECTED
ESTABLISHMENTS.
`Notwithstanding any other provision of this title, if the Secretary determines
that an establishment operating under a State meat inspection program is
not operating in accordance with this Act (including applicable regulations
promulgated and regulatory documents issued under this Act) or the cooperative
agreement under section 303(c), and the State, after notification by the
Secretary to the Governor, has not taken appropriate action within a reasonable
time as determined by the Secretary, the Secretary may immediately determine
that the establishment is an establishment that shall be inspected by the
Secretary, until such time as the Secretary determines that the State will
meet the requirements of this Act (including applicable regulations promulgated
and regulatory documents issued under this Act) and the cooperative agreement
with respect to the establishment.
`SEC. 306. ANNUAL REVIEW.
`The Secretary shall develop and implement a process, in consultation with
the States--
`(1) to review annually each State meat inspection program approved under
this title; and
`(2) to certify the State meat inspection programs that comply with the
cooperative agreement entered into with the State under section 303(c).
`SEC. 307. FEDERAL INSPECTION OPTION.
`(a) In General- An establishment that operates in a State with an approved
State meat inspection program may apply for--
`(1) inspection under the State meat inspection program; or
`(b) Limitation- An establishment shall not make an application under subsection
(a) more than once every 4 years.'.
(b) Acceptance of Interstate Shipments; Advisory Committees- Title IV of
the Federal Meat Inspection Act is amended--
(1) by redesignating section 411 (21 U.S.C. 680) as section 413; and
(2) by inserting after section 410 (21 U.S.C. 679a) the following:
`SEC. 411. 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.
`SEC. 412. ADVISORY COMMITTEES FOR FEDERAL AND STATE PROGRAMS.
`The Secretary may appoint advisory committees consisting of such representatives
of appropriate State agencies as the Secretary and the State agencies may
designate to consult with the Secretary concerning Federal and State programs
with respect to meat inspection and other matters within the scope of this
Act.'.
(c) Effective Date- This section takes effect on January 1, 2007.
TITLE II--POULTRY INSPECTION
SEC. 201. FEDERAL AND STATE COOPERATION ON POULTRY INSPECTION FOR INTRASTATE
DISTRIBUTION.
(1) IN GENERAL- Section 5 of the Poultry Products Inspection Act (21 U.S.C.
454) is redesignated as section 33 and moved so as to appear at the end
of that Act.
(2) INTRASTATE PROGRAM- Section 33 of the Poultry Products Inspection
Act (as redesignated by paragraph (1)) is amended by striking the section
heading and inserting the following:
`SEC. 33. FEDERAL AND STATE COOPERATION ON POULTRY INSPECTION FOR INTRASTATE
DISTRIBUTION.'.
(3) CONFORMING AMENDMENTS-
(A) Section 8(b) of the Poultry Products Inspection Act (21 U.S.C. 457(b))
is amended in the second sentence by striking `section 5 of this Act'
and inserting `section 33(a)(4)'.
(B) Section 11(e) of the Poultry Products Inspection Act (21 U.S.C.
460(e)) is amended by striking `section 5 of this Act' and inserting
`section 33(a)(4)'.
(4) EFFECTIVE DATE- This subsection takes effect on January 1, 2007.
(1) IN GENERAL- Section 33 of the Poultry Products Inspection Act (as
redesignated by subsection (a)(1)) is repealed.
(2) CONFORMING AMENDMENTS-
(A) Section 8(b) of the Poultry Products Inspection Act (21 U.S.C. 457(b))
(as amended by subsection (a)(3)(A)) is amended in the second sentence
by striking `section 33(a)(4)' and inserting `section 32'.
(B) Section 11(e) of the Poultry Products Inspection Act (21 U.S.C.
460(e)) (as amended by subsection (a)(3)(B)) is amended by striking
`section 33(a)(4)' and inserting `section 32'.
(3) EFFECTIVE DATE- Except as provided in section 302, this subsection
takes effect on January 1, 2007.
SEC. 202. STATE POULTRY INSPECTION PROGRAMS.
(a) In General- The Poultry Products Inspection Act (as amended by section
201(a)(1)) is amended by inserting after section 4 (21 U.S.C. 453) the following:
`SEC. 5. STATE POULTRY INSPECTION PROGRAMS.
`(a) Policy- It is the policy of Congress to protect the public from poultry
products that are adulterated or misbranded and to assist in efforts by
State and other government agencies to accomplish that policy.
`(b) Definition of Regulatory Document- In this section, the term `regulatory
document' means--
`(3) a policy memorandum.
`(c) Approval of State Poultry Inspection Programs-
`(1) IN GENERAL- Notwithstanding any other provision of this Act, the
Secretary may approve a State poultry inspection program and allow the
shipment in commerce of poultry products inspected under the State poultry
inspection program in accordance with this section and section 5A.
`(2) ELIGIBILITY- To receive or maintain approval from the Secretary for
a State poultry inspection program in accordance with paragraph (1), a
State shall--
`(A) implement a State poultry inspection program that enforces the
mandatory antemortem and postmortem inspection, reinspection, sanitation,
and related Federal requirements of sections 1 through 4 and 6 through
32 (including applicable regulations promulgated and regulatory documents
issued under those sections); and
`(B) enter into a cooperative agreement with the Secretary in accordance
with paragraph (3).
`(3) COOPERATIVE AGREEMENT- Notwithstanding chapter 63 of title 31, United
States Code, the Secretary may enter into a cooperative agreement with
a State that--
`(A) establishes the terms governing the relationship between the Secretary
and the State poultry inspection program; and
`(i) the State will adopt (including adoption by reference) provisions
equivalent to sections 1 through 4 and 6 through 32 (including applicable
regulations promulgated and regulatory documents issued under this
Act;
`(ii) State-inspected and passed poultry products will be marked with
a mark of State inspection, which shall be deemed to be an official
mark, in accordance with requirements issued by the Secretary;
`(iii) the State will comply with all labeling requirements issued
by the Secretary governing poultry products inspected under the State
poultry inspection program;
`(iv) the Secretary shall have authority--
`(I) to detain and seize poultry and poultry products under the
State poultry inspection program;
`(II) to obtain access to facilities, records, and poultry products
of any person that slaughters, processes, handles, stores, transports,
or sells poultry products inspected under the State poultry inspection
program to determine compliance with this Act (including applicable
regulations promulgated and regulatory documents issued under this
Act); and
`(III) to direct the State to conduct any activity authorized to
be conducted by the Secretary under this Act (including applicable
regulations promulgated and regulatory documents issued under this
Act); and
`(v) such other terms as the Secretary determines to be necessary
shall be included in the cooperative agreement to ensure that the
actions of the State and the State poultry inspection program are
consistent with this Act (including applicable regulations promulgated
and regulatory documents issued under this Act).
`(4) RESTRICTION ON ESTABLISHMENT SIZE-
`(A) IN GENERAL- Except as provided in subparagraph (B), establishments
with more than 50 employees may not be accepted into a State poultry
inspection program.
`(B) EXISTING ESTABLISHMENTS- Subject to subparagraph (C), any establishment
that is subject to State inspection on January 1, 2007 may remain subject
to state inspection.
`(C) FEDERALLY-INSPECTED ESTABLISHMENTS- After January 1, 2007, a Federally-inspected
establishment shall not be eligible to apply for and receive State inspection
if the establishment has more than 50 employees.
`(5) REIMBURSEMENT OF STATE COSTS- The Secretary may reimburse the State
for not more than 60 percent of the State's costs of meeting the Federal
requirements for the State poultry inspection program.
`(6) SAMPLING- A duly authorized representative of the Secretary shall
be afforded access to State-inspected establishments to take reasonable
samples of the inventory of the establishment upon payment of the fair
market value of the samples.
`(7) NONCOMPLIANCE- If the Secretary determines that a State poultry inspection
program does not comply with this section, section 5A, or the cooperative
agreement under paragraph (3), the Secretary shall take such action as
the Secretary determines to be necessary to ensure that the poultry products
in the State are inspected in a manner that effectuates this Act (including
applicable regulations promulgated and regulatory documents issued under
this Act).
`(d) Annual Review- The Secretary shall develop and implement a process,
in consultation with States--
`(1) to review annually each State poultry inspection program approved
under this section; and
`(2) to certify the State poultry inspection programs that comply with
the cooperative agreement entered into with the State under subsection
(c)(3).
`(e) Federal Inspection Option-
`(1) IN GENERAL- An official establishment that operates in a State with
an approved State poultry inspection program may apply for inspection
under the State poultry inspection program or for Federal inspection.
`(2) LIMITATION- An official establishment shall not make an application
under paragraph (1) more than once every 4 years.
`SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY INSPECTION ACTIVITIES.
`(a) Definition of Regulatory Document- In this section, the term `regulatory
document' has the meaning given the term in section 5(b).
`(b) Authority to Take Over State Poultry Inspection Programs-
`(1) NOTIFICATION- If the Secretary has reason to believe that a State
is not in compliance with this Act (including applicable regulations promulgated
and regulatory documents issued under this Act) or the cooperative agreement
under section 5(c)(3) and is considering the revocation or temporary suspension
of the approval of the State poultry inspection program, the Secretary
shall promptly notify and consult with the Governor of the State.
`(2) SUSPENSION AND REVOCATION- The Secretary may revoke or temporarily
suspend the approval of a State poultry inspection program and take over
a State poultry inspection program if the Secretary determines that the
State poultry inspection program is not in compliance with this Act (including
applicable regulations promulgated and regulatory documents issued under
this Act) or the cooperative agreement.
`(3) PUBLICATION- If the Secretary revokes or temporarily suspends the
approval of a State poultry inspection program in accordance with paragraph
(2), the Secretary shall publish the determination under that paragraph
in the Federal Register.
`(4) INSPECTION OF ESTABLISHMENTS- On the expiration of 30 days after
the date of publication of a determination under paragraph (3), an official
establishment subject to a State poultry inspection program with respect
to which the Secretary makes a determination under paragraph (2) shall
be inspected by the Secretary.
`(c) Expedited Authority to Take Over Inspection of State-Inspected Official
Establishments- Notwithstanding any other provision of this section or section
5, if the Secretary determines that an official establishment operating
under a State poultry inspection program is not operating in accordance
with this Act (including applicable regulations promulgated and regulatory
documents issued under this Act) or the cooperative agreement under section
5(c)(3), and the State, after notification by the Secretary to the Governor,
has not taken appropriate action within a reasonable time as determined
by the Secretary, the Secretary may immediately determine that the official
establishment is an establishment that shall be inspected by the Secretary,
until such time as the Secretary determines that the State will meet the
requirements of this Act (including applicable regulations promulgated and
regulatory documents issued under this Act) and the cooperative agreement
with respect to the official establishment.'.
(b) Acceptance of Interstate Shipments; Advisory Committees- The Poultry
Products Inspection Act is amended by inserting after section 30 (21 U.S.C.
471) the following:
`SEC. 31. 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.
`SEC. 32. ADVISORY COMMITTEES FOR FEDERAL AND STATE PROGRAMS.
`The Secretary may appoint advisory committees consisting of such representatives
of appropriate State agencies as the Secretary and the State agencies may
designate to consult with the Secretary concerning State and Federal programs
with respect to poultry product inspection and other matters within the
scope of this Act.'.
(c) Effective Date- This section takes effect on January 1, 2007.
TITLE III--GENERAL PROVISIONS
SEC. 301. REGULATIONS.
Not later than January 1, 2007, the Secretary of Agriculture may promulgate
such regulations as are necessary to implement the amendments made by sections
102 and 202.
SEC. 302. TERMINATION OF AUTHORITY TO ESTABLISH AN INTERSTATE INSPECTION
PROGRAM.
If the Secretary of Agriculture has not approved any State meat inspection
program or State poultry inspection program by entering into a cooperative
agreement under title III of the Federal Meat Inspection Act and sections
5 and 5A of the Poultry Products Inspection Act (as amended by this Act)
by January 1, 2007, sections 101(b), 102, 201(b), and 202, and the amendments
made by those sections, are repealed effective as of that date.
END
