Title I: Meat Inspection - Amends the Federal Meat Inspection Act to authorize the Secretary to approve a qualifying State meat inspection program and allow the shipment in commerce of carcasses, parts of carcasses, meat, and meat food products so inspected. Requires the Secretary to review such approved plans to: (1) determine effectiveness; and (2) identify changes necessary to ensure enforcement of Federal requirements. Authorizes the Secretary to enter into a cooperative agreement with a State to establish the relationship between the State program and the Secretary. Sets forth provisions with respect to: (1) product marking; (2) labeling requirements; (3) authority of the Secretary; (4) State reimbursement; (5) sampling, including salmonella testing; (6) noncompliance; (7) establishment inspections, including exemptions for restaurants and retail stores; (8) acceptance of interstate shipments of meat and meat food products; and (9) advisory committees.
Directs the Secretary to temporarily suspend or take over a noncomplying State program (or an establishment). Provides for program reinstatement.
Title II: Poultry Inspection - Amends the Poultry Products Inspection Act to make similar amendments to those in title I.
Title III: General Provisions - Terminates the Secretary's authority to establish interstate meat and poultry inspection programs under this Act if approval and cooperative agreements have not been concluded by a specified date.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1988
To reform the State inspection of meat and poultry in the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 1999
Mr. Daschle (for himself, Mr. Hatch, Mr. Brownback, Mr. Harkin, Mr.
Johnson, Mr. Dorgan, Mr. Baucus, Mr. Conrad, Mr. Bingaman, Mr.
Voinovich, and Mr. Burns) 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 ``New Markets for
State-Inspected Meat Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Review of State meat and poultry inspection programs.
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. 301. Regulations.
Sec. 302. Termination of authority to establish interstate inspection
programs.
SEC. 2. REVIEW OF STATE MEAT AND POULTRY INSPECTION PROGRAMS.
(a) In General.--Not later than September 30, 2001, the Secretary
of Agriculture shall conduct a comprehensive review of each State meat
and poultry inspection program, which shall include--
(1) a determination of the effectiveness of the State
program; and
(2) identification of changes that are necessary to enable
future transition to a State program of enforcing Federal
inspection requirements as described in the amendments made by
sections 102 and 202.
(b) Comment From Interested Parties.--In designing the review
described in subsection (a), the Secretary of Agriculture shall, to the
maximum extent practicable, obtain comment from interested parties.
(c) Funding.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section.
(2) Available funds.--Notwithstanding any other provision
of law, only funds specifically appropriated under paragraph
(1) may be used to carry out this section.
TITLE I--MEAT INSPECTION
SEC. 101. FEDERAL AND STATE COOPERATION ON MEAT INSPECTION FOR
INTRASTATE DISTRIBUTION.
(a) Redesignation.--
(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 to 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'';
and
(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
October 1, 2001.
(b) Repeal.--
(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 413''.
(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 413''.
(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 413''.
(3) Effective date.--Except as provided in section 302,
this subsection takes effect on October 1, 2002.
SEC. 102. STATE MEAT INSPECTION PROGRAMS.
(a) In General.--The Federal Meat Inspection Act (as amended by
section 101(a)(1)(A)) 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 protect the public
from meat and meat food products that are adulterated or misbranded and
to assist in efforts by State and other government agencies to
accomplish that policy.
``(b) Findings.--Congress finds that--
``(1) the goal of a safe and wholesome supply of meat and
meat food products throughout the United States would be better
served if a consistent set of requirements, established by the
Federal Government, were applied to all meat and meat food
products, whether produced under State inspection or Federal
inspection;
``(2) under such a system, State and Federal meat
inspection programs would function together to create a
seamless inspection system to ensure food safety and inspire
consumer confidence in the food supply in interstate commerce;
and
``(3) such a system would ensure the viability of State
meat inspection programs, which should help to foster the
viability of small establishments.
``SEC. 302. 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.--
``(1) In general.--To receive or maintain approval from the
Secretary for a State meat inspection program in accordance
with subsection (a), a State shall--
``(A) 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
the regulations issued under those titles); and
``(B) enter into a cooperative agreement with the
Secretary in accordance with subsection (c).
``(2) Additional requirements.--
``(A) In general.--In addition to the requirements
specified in paragraph (1), a State meat inspection
program reviewed in accordance with section 2 of the
Federal Meat and Poultry State Inspection Requirements
Act of 1999 shall implement, not later than October 1,
2002, all recommendations from the review, in a manner
approved by the Secretary.
``(B) Review of new state meat inspection
programs.--
``(i) Definition of new state meat
inspection program.--In this subparagraph, the
term `new State meat inspection program' means
a State meat inspection program that is not
approved in accordance with subsection (a)
between October 1, 2001, and September 30,
2002.
``(ii) Review requirement.--Not later than
1 year after the date on which the Secretary
approves a new State meat inspection program,
the Secretary shall conduct a comprehensive
review of the new State meat inspection
program, which shall include--
``(I) a determination of the
effectiveness of the new State meat
inspection program; and
``(II) identification of changes
necessary to ensure enforcement of
Federal inspection requirements.
``(iii) Implementation requirements.--In
addition to the requirements specified in
paragraph (1), to continue to be an approved
State meat inspection program, a new State meat
inspection program shall implement all
recommendations from the review conducted in
accordance with this subparagraph, in a manner
approved by the Secretary.
``(c) Cooperative Agreement.--Notwithstanding chapter 63 of title
31, United States Code, the Secretary may enter into a cooperative
agreement with a State that establishes the terms governing the
relationship between the Secretary and the State meat inspection
program and provides for the following:
``(1) Provisions consistent with this act.--The State will
adopt (including adoption by reference) provisions identical to
titles I, II, and IV (including the regulations issued under
those titles).
``(2) Marking of product.--
``(A) Official marks.--State-inspected and passed
meat and meat food products will be marked under the
supervision of a State inspector with the official mark
and be deemed to have been inspected by the Secretary
for the purposes of this Act and to have passed the
inspection.
``(B) Additional marks.--In addition to the
official mark, State-inspected and passed meat and meat
food products may be marked with the mark of State
inspection, in accordance with requirements issued by
the Secretary.
``(3) Labeling requirements.--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.
``(4) Authority of the secretary.--The Secretary shall have
authority--
``(A) to detain and seize livestock, carcasses,
parts of carcasses, meat, and meat food products under
the State meat inspection program;
``(B) 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 the
regulations issued under this Act); and
``(C) to direct the State to conduct any activity
authorized to be conducted by the Secretary under this
Act (including the regulations issued under this Act).
``(5) Other terms.--The cooperative agreement shall include
such other terms as the Secretary determines to be necessary to
ensure that the actions of the State and the State meat
inspection program are consistent with this Act (including the
regulations issued under this Act).
``(d) Additional Requirements.--
``(1) In general.--A State may impose additional
requirements on establishments under the State meat inspection
program, as approved by the Secretary.
``(2) Restriction on establishment size.--The Secretary
shall authorize a State to establish the maximum size of
establishments that the State will accept into the State meat
inspection program.
``(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.--
``(1) Salmonella sampling and testing.--To the extent that
the Secretary requires establishments to meet microbiological
performance standards for Salmonella, the Secretary shall
sample and test for Salmonella in establishments subject to
inspection under the State meat inspection program.
``(2) Other sampling and testing.--In addition to the
activities described in paragraph (1), the Secretary may
perform other sampling and testing of meat and meat food
products in establishments described in that paragraph.
``(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 the
regulations issued under this Act).
``SEC. 303. 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 the regulations
issued under this Act) or the cooperative agreement under section
302(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.--
``(1) In general.--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 the regulations issued
under this Act) or the cooperative agreement.
``(2) Procedures for reinstatement.--A State meat
inspection program that has been the subject of a revocation
may be reinstated as an approved State meat inspection program
under this Act only in accordance with the procedures under
section 302(b)(2)(B).
``(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.--Upon 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. 304. 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 the regulations issued under this Act) or the cooperative
agreement under section 302(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 the regulations) and the cooperative agreement with respect
to the establishment.
``SEC. 305. ANNUAL REVIEW.
``(a) In General.--The Secretary shall develop and implement a
process to review annually each State meat inspection program approved
under this title and to certify the State meat inspection programs that
comply with the cooperative agreement entered into with the State under
section 302(c).
``(b) Comment From Interested Parties.--In designing the review
process described in subsection (a), the Secretary shall solicit
comment from interested parties.
``SEC. 306. FEDERAL INSPECTION OPTION.
``(a) In General.--An establishment that operates in a State with
an approved State meat inspection program may apply for inspection
under the State meat inspection program or for Federal inspection.
``(b) Limitation.--An establishment shall not make an application
under subsection (a) more than once every 4 years.''.
(b) Restaurants and Retail Stores.--Title IV of the Federal Meat
Inspection Act is amended--
(1) by redesignating section 411 (21 U.S.C. 681) as section
414; and
(2) by inserting after section 410 (21 U.S.C. 680) the
following:
``SEC. 411. RESTAURANTS AND RETAIL STORES.
``(a) Limitation on Applicability of Inspection Requirements.--The
provisions of this Act requiring inspection of the slaughter of animals
and the preparation of carcasses, parts of carcasses, meat, and meat
food products shall not apply to operations of types traditionally and
usually conducted at retail stores and restaurants, if the operations
are conducted at a retail store, restaurant, or similar retail
establishment for sale of such prepared articles in normal retail
quantities or for service of the articles to consumers at such an
establishment.
``(b) Central Kitchen Facilities.--
``(1) In general.--For the purposes of this section,
operations conducted at a central kitchen facility of a
restaurant shall be considered to be conducted at a restaurant
if the central kitchen of the restaurant prepares meat or meat
food products that are ready to eat when they leave the
facility and are served in meals or as entrees only to
customers at restaurants owned or operated by the same person,
firm, or corporation that owns or operates the facility.
``(2) Exception.--A facility described in paragraph (1)
shall be subject to section 202 and may be subject to the
inspection requirements of title I for as long as the Secretary
determines to be necessary, if the Secretary determines that
the sanitary conditions or practices of the facility or the
processing procedures or methods at the facility are such that
any of the meat or meat food products of the facility are
rendered adulterated.
``SEC. 412. 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. 413. 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 meat inspection and other
matters within the scope of this Act.''.
(c) Effective Date.--This section takes effect on October 1, 2001.
TITLE II--POULTRY INSPECTION
SEC. 201. FEDERAL AND STATE COOPERATION ON POULTRY INSPECTION FOR
INTRASTATE DISTRIBUTION.
(a) Redesignation.--
(1) In general.--Section 5 of the Poultry Products
Inspection Act (21 U.S.C. 454) is redesignated as section 34
and moved to the end of that Act.
(2) Intrastate program.--Section 34 of the Poultry Products
Inspection Act (as redesignated by paragraph (1)) is amended by
striking the section heading and inserting the following:
``SEC. 34. 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 34(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 34(a)(4)''.
(4) Effective date.--This subsection takes effect on
October 1, 2001.
(b) Repeal.--
(1) In general.--Section 34 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 34(a)(4)'' and inserting ``section
33''.
(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
34(a)(4)'' and inserting ``section 33''.
(3) Effective date.--Except as provided in section 302,
this subsection takes effect on October 1, 2002.
SEC. 202. STATE POULTRY INSPECTION PROGRAMS.
(a) In General.--The Poultry Products Inspection Act (21 U.S.C. 451
et seq.) (as amended by section 201(a)(1)) is amended by inserting
after section 4 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) Findings.--Congress finds that--
``(1) the goal of a safe and wholesome supply of poultry
products throughout the United States would be better served if
a consistent set of requirements, established by the Federal
Government, were applied to all poultry products, whether
produced under State inspection or Federal inspection;
``(2) under such a system, State and Federal poultry
inspection programs would function together to create a
seamless inspection system to ensure food safety and inspire
consumer confidence in the food supply in interstate commerce;
and
``(3) such a system would ensure the viability of State
poultry inspection programs, which should help to foster the
viability of small official establishments.
``(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.--
``(A) In general.--To receive or maintain approval
from the Secretary for a State poultry inspection
program in accordance with paragraph (1), a State
shall--
``(i) 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 33
(including the regulations issued under those
sections); and
``(ii) enter into a cooperative agreement
with the Secretary in accordance with paragraph
(3).
``(B) Additional requirements.--
``(i) In general.--In addition to the
requirements specified in subparagraph (A), a
State poultry inspection program reviewed in
accordance with section 2 of the Federal Meat
and Poultry State Inspection Requirements Act
of 1999 shall implement, not later than October
1, 2002, all recommendations from the review,
in a manner approved by the Secretary.
``(ii) Review of new state poultry
inspection programs.--
``(I) Definition of new state
poultry inspection program.--In this
clause, the term `new State poultry
inspection program' means a State
poultry inspection program that is not
approved in accordance with paragraph
(1) between October 1, 2001, and
September 30, 2002.
``(II) Review requirement.--Not
later than 1 year after the date on
which the Secretary approves a new
State poultry inspection program, the
Secretary shall conduct a comprehensive
review of the new State poultry
inspection program, which shall
include--
``(aa) a determination of
the effectiveness of the new
State poultry inspection
program; and
``(bb) identification of
changes necessary to ensure
enforcement under the new State
poultry inspection program of
Federal inspection
requirements.
``(III) Implementation
requirements.--In addition to the
requirements specified in subparagraph
(A), to continue to be an approved
State poultry inspection program, a new
State poultry inspection program shall
implement all recommendations from the
review conducted in accordance with
this clause, in a manner approved by
the Secretary.
``(3) Cooperative agreement.--Notwithstanding chapter 63 of
title 31, United States Code, the Secretary may enter into a
cooperative agreement with a State that establishes the terms
governing the relationship between the Secretary and the State
poultry inspection program and provides for the following:
``(A) Provisions consistent with this act.--The
State will adopt (including adoption by reference)
provisions identical to sections 1 through 4 and 6
through 33 (including the regulations issued under
those sections).
``(B) Marking of product.--
``(i) Official marks.--State-inspected and
passed poultry products will be marked under
the supervision of a State inspector with the
official mark and be deemed to have been
inspected by the Secretary for the purposes of
this Act and to have passed the inspection.
``(ii) Additional marks.--In addition to
the official mark, State-inspected and passed
poultry products may be marked with the mark of
State inspection, in accordance with
requirements issued by the Secretary.
``(C) Labeling requirements.--The State will comply
with all labeling requirements issued by the Secretary
governing poultry products inspected under the State
poultry inspection program.
``(D) Authority of the secretary.--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
the regulations 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 the
regulations issued under this Act).
``(E) Other terms.--The cooperative agreement shall
include such other terms as the Secretary determines to
be necessary to ensure that the actions of the State
and the State poultry inspection program are consistent
with this Act (including the regulations issued under
this Act).
``(4) Additional requirements.--
``(A) In general.--A State may impose additional
requirements on official establishments under the State
poultry inspection program, as approved by the
Secretary.
``(B) Restriction on establishment size.--The
Secretary shall authorize a State to establish the
maximum size of official establishments that the State
will accept into the State poultry inspection program.
``(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) Salmonella sampling and testing.--To the
extent that the Secretary requires official
establishments to meet microbiological performance
standards for Salmonella, the Secretary shall sample
and test for Salmonella in official establishments
subject to inspection under the State poultry
inspection program.
``(B) Other sampling and testing.--In addition to
the activities described in subparagraph (A), the
Secretary may perform other sampling and testing of
poultry products in official establishments described
in that subparagraph.
``(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 the regulations issued under
this Act).
``(d) Annual Review.--
``(1) In general.--The Secretary shall develop and
implement a process to review annually each State poultry
inspection program approved under this section and to certify
the State poultry inspection programs that comply with the
cooperative agreement entered into with the State under
subsection (c)(3).
``(2) Comment from interested parties.--In designing the
review process described in paragraph (1), the Secretary shall
solicit comment from interested parties.
``(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) 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 the
regulations 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.--
``(A) In general.--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 the regulations issued under
this Act) or the cooperative agreement.
``(B) Procedures for reinstatement.--A State
poultry inspection program that has been the subject of
a revocation may be reinstated as an approved State
poultry inspection program under this Act only in
accordance with the procedures under section
5(c)(2)(B)(ii).
``(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.--Upon 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.
``(b) Expedited Authority To Take Over Inspection of State-
Inspected Official Establishments.--Notwithstanding any other provision
of this title, if the Secretary determines that an official
establishment operating under a State poultry inspection program is not
operating in accordance with this Act (including the regulations 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 the regulations) and
the cooperative agreement with respect to the official
establishment.''.
(b) Restaurants and Retail Stores, Acceptance of Interstate
Shipments of Poultry Products, and Advisory Committees for Federal and
State Programs.--The Poultry Products Inspection Act (21 U.S.C. 451 et
seq.) is amended by inserting after section 30 the following:
``SEC. 31. RESTAURANTS AND RETAIL STORES.
``(a) Limitation on Applicability of Inspection Requirements.--The
provisions of this Act requiring inspection of the slaughter of poultry
and the processing of poultry products shall not apply to operations of
types traditionally and usually conducted at retail stores and
restaurants, if the operations are conducted at a retail store,
restaurant, or similar retail establishment for sale of such prepared
articles in normal retail quantities or for service of the articles to
consumers at such an establishment.
``(b) Central Kitchen Facilities.--
``(1) In general.--For the purposes of this section,
operations conducted at a central kitchen facility of a
restaurant shall be considered to be conducted at a restaurant
if the central kitchen of the restaurant prepares poultry
products that are ready to eat when they leave the facility and
are served in meals or as entrees only to customers at
restaurants owned or operated by the same person that owns or
operates the facility.
``(2) Exception.--A facility described in paragraph (1)
shall be subject to section 11(b) and may be subject to the
inspection requirements of this Act for as long as the
Secretary determines to be necessary, if the Secretary
determines that the sanitary conditions or practices of the
facility or the processing procedures or methods at the
facility are such that any of the poultry products of the
facility are rendered adulterated.
``SEC. 32. 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. 33. 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 October 1, 2001.
TITLE III--GENERAL PROVISIONS
SEC. 301. REGULATIONS.
Not later than October 1, 2001, 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 September 30, 2002, sections 101(b), 102,
201(b), and 202, and the amendments made by those sections, are
repealed effective as of that date.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Agriculture.
Committee on Agriculture, Nutrition, and Forestry. Hearings held. Hearings printed: S.Hrg. 106-784.
Committee on Agriculture, Nutrition, and Forestry. Hearings held.
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