New Markets for State-Inspected Meat Act of 1999
S 1988 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. 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.
(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.
(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';
(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.
(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.
`(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).
`(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.
`(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.
(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.
(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.
`(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).
`(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.
`(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).
`(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.
END