[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1137 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1137

   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to permit the movement in interstate commerce of meat 
 and poultry products that satisfy State inspection requirements that 
          are at least equal to Federal inspection standards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

  Mr. Thune introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Meat Inspection Act and the Poultry Products 
 Inspection Act to permit the movement in interstate commerce of meat 
 and poultry products that satisfy State inspection requirements that 
          are at least equal to Federal inspection standards.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meat and Poultry Products Inspection 
Amendments of 1997''.

SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION 
              ACT.

    (a) Removal of Intrastate Distribution Limitation.--Subsection 
(a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C. 
661) is amended by striking ``solely for distribution within such 
State.''.
    (b) Use of State Inspectors.--Subsection (a) of such section is 
amended by adding at the end the following new paragraph:
            ``(5) In addition to appointing inspectors under section 
        21, the Secretary may enter into agreements to utilize officers 
        and employees of a State or the District of Columbia to conduct 
        such examinations, investigations, and inspections authorized 
        under this Act as the Secretary determines practicable.''.
    (c) Termination of Designation of State as Subject to Federal 
Inspection for Intrastate Distribution.--Subsection (c)(3) of such 
section is amended by striking ``, with respect to the operations and 
transactions within such State which are regulated under subparagraph 
(1), he'' and inserting ``with respect to all establishments within its 
jurisdiction which do not operate under Federal inspection under title 
I and at which any cattle, sheep, swine, goats, or equines are 
slaughtered, or their carcasses, or parts or products thereof, are 
prepared, for use as human food, and with respect to the distribution 
of carcasses, parts thereof, meat, or meat food products of such 
animals within the States, the Secretary''.
    (d) Expansion of State Inspection Authority.--Such section is 
further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d)(1) Except as provided in paragraph (2), carcasses, parts of 
carcasses, meat, and meat food products of cattle, sheep, swine, goats, 
or equines prepared under State inspection in any State (other than a 
State designated under subsection (c)) in compliance with the meat 
inspection law of the State shall be eligible for sale or 
transportation in interstate commerce, and for entry into and use in 
the preparation of products in establishments at which Federal 
inspection is maintained under title I, in the same manner and to the 
same extent as products prepared at such establishments.
    ``(2) State inspected articles described in paragraph (1), and 
federally inspected articles prepared (in whole or in part) from such 
State inspected articles--
            ``(A) shall not be eligible for sale or transportation in 
        foreign commerce; and
            ``(B) shall be separated at all times from all other 
        federally inspected articles in any federally inspected 
        establishment that engages in the preparation, sale, or 
        transportation of carcasses, parts of carcasses, meat, or meat 
        food products, for foreign commerce.
    ``(3) All carcasses, parts of carcasses, meat, and meat food 
products that are inspected in a program of inspection in a State 
(other than a State designated under subsection (c)) pursuant to State 
law shall be identified as so inspected only by official marks that 
identify the State and are such design as the State shall prescribe. 
Federally inspected articles prepared (in whole or in part) from such 
State inspected articles shall be identified as so inspected only by 
the same official marks as prescribed by the Secretary for articles 
slaughtered or prepared under title I.
    ``(4) Except as provided in paragraph (5), the operator of an 
establishment operated under Federal or State inspection who wishes to 
transfer to State or Federal inspection, as the case may be, may do so 
only on October 1 of any year. Such transfer shall occur only if--
            ``(A) the operator provides written notice of the intention 
        to transfer to both inspection agencies at least six months in 
        advance of that date; and
            ``(B) the Secretary determines that the transfer will 
        effectuate the purposes set forth in section 2 and will not 
        adversely affect the stability of the total State and Federal 
        inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to 
transfer from State to Federal inspection at any time if the operator 
presents clear and convincing evidence to the Secretary that the 
establishment intends to, and will be able to, engage in foreign 
commerce to a substantial extent in a manner which would require 
Federal inspection.
    ``(6) For purposes of this subsection, the term `interstate 
commerce' means commerce between States or between a State and the 
District of Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 408 of such Act (21 U.S.C. 678) is amended to read as follows:

``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.

    ``(a) Requirements Regarding Premises, Facilities, Operations, and 
Recordkeeping.--Requirements within the scope of this Act with respect 
to premises, facilities and operations of any establishment at which 
inspection is provided under title I, which are in addition to (or 
different than) those made under this Act may not be imposed by any 
State or Territory or the District of Columbia. However, any such 
jurisdiction may impose recordkeeping and other requirements within the 
scope of section 202, if consistent with such section, with respect to 
any such establishment.
    ``(b) Requirements Regarding Marking, Labeling, Packaging, and 
Ingredients.--Marking, labeling, packaging, or ingredient requirements 
in addition to (or different than) those made under this Act may not be 
imposed by any State or Territory or the District of Columbia with 
respect to articles prepared at any establishment under Federal 
inspection in accordance with the requirements of title I or with 
respect to articles prepared for commerce at any State inspected 
establishment in accordance with the requirements of section 301(d).
    ``(c) Concurrent Jurisdiction.--A State or territory or the 
District of Columbia may, consistent with the requirements under this 
Act, exercise concurrent jurisdiction with the Secretary over articles 
distributed in commerce or otherwise subject to this Act, for the 
purpose of preventing the distribution for human food purposes of any 
such articles which are not in compliance with the requirements under 
this Act and are outside of any federally or State inspected 
establishment, or in the case of imported articles, which are not at 
such an establishment, after their entry into the United States.
    ``(d) Other Activities.--This Act shall not preclude any State or 
Territory or the District of Columbia from imposing a requirement or 
taking other action, consistent with this Act, with respect to any 
other matters regulated under this Act.''.

SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS 
              INSPECTION ACT.

    (a) Removal of Intrastate Distribution Limitation.--Subsection 
(a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C. 
454) is amended by striking ``solely for distribution within such 
State.''.
    (b) Use of State Inspectors.--Subsection (a) of such section is 
amended by adding at the end the following new paragraph:
            ``(5) The Secretary may enter into agreements to utilize 
        officers and employees of a State or the District of Columbia 
        to conduct such examinations, investigations, and inspections 
        authorized under this Act as the Secretary determines 
        practicable.''.
    (c) Termination of Designation of State as Subject to Federal 
Inspection for Intrastate Distribution.--Subsection (c)(3) of such 
section is amended by striking ``, with respect to the operations 
and transactions within such State which are regulated under 
subparagraph (1) of this paragraph (c), he'' and inserting ``with 
respect to all establishments within its jurisdiction which do not 
operate under Federal inspection under this Act and at which any 
poultry are slaughtered, or any poultry products are processed, for use 
as human food, and with respect to the distribution of poultry products 
within the States, the Secretary''.
    (d) Expansion of State Inspection Authority.--Such section is 
further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d)(1) Except as provided in paragraph (2), poultry products 
processed under State inspection in any State (other than a State 
designated under subsection (c)) in compliance with the poultry 
products inspection law of the State shall be eligible for sale or 
transportation in interstate commerce, and for entry into and use in 
the preparation of products in establishments at which Federal 
inspection is maintained under this Act, in the same manner and to the 
same extent as poultry products processed at such establishments. 
Poultry products complying with the requirements of the poultry product 
inspection laws of the State (other than a State designated under 
subsection (c)) in which the products were processed shall be 
considered as complying with this Act.
    ``(2) State inspected poultry products described in paragraph (1), 
and federally inspected poultry products processed (in whole or in 
part) from such State inspected poultry products--
            ``(A) shall not be eligible for sale or transportation in 
        foreign commerce; and
            ``(B) shall be separated at all times from all other 
        federally inspected poultry products in any federally inspected 
        establishment that engages in the processing, sale, or 
        transportation of poultry products for foreign commerce.
    ``(3) All poultry products that are inspected in a program of 
inspection in a State (other than a State designated under subsection 
(c)) pursuant to State law shall be identified as so inspected only by 
official marks that identify the State and are such design as the State 
shall prescribe. Federally inspected poultry products processed (in 
whole or in part) from such State inspected poultry products shall be 
identified as so inspected only by the same official marks as 
prescribed by the Secretary for poultry products processed under this 
Act (other than this section or section 11).
    ``(4) Except as provided in paragraph (5), the operator of an 
establishment operated under Federal or State inspection who wishes to 
transfer to State or Federal inspection, as the case may be, may do so 
only on October 1 of any year. Such transfer shall occur only if--
            ``(A) the operator provides written notice of the intention 
        to transfer to both inspection agencies at least six months in 
        advance of that date; and
            ``(B) the Secretary determines that the transfer will 
        effectuate the legislative policy set forth in section 3 and 
        will not adversely affect the stability of the total State and 
        Federal inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to 
transfer from State to Federal inspection at any time if the operator 
presents clear and convincing evidence to the Secretary that the 
establishment intends to, and will be able to, engage in foreign 
commerce to a substantial extent in a manner which would require 
Federal inspection.
    ``(6) For purposes of this subsection, the term `interstate 
commerce' means commerce between States or between a State and the 
District of Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows:

``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.

    ``(a) Requirements Regarding Premises, Facilities, Operations, and 
Recordkeeping.--Requirements within the scope of this Act with respect 
to premises, facilities and operations of any official establishment, 
which are in addition to, or different than those made under this Act 
may not be imposed by any State or territory or the District of 
Columbia. However, any such jurisdiction may impose recordkeeping and 
other requirements within the scope of section 11(b), if consistent 
with such section, with respect to any such establishment.
    ``(b) Requirements Regarding Marking, Labeling, Packaging, and 
Ingredients.--Marking, labeling, packaging, or ingredient requirements 
in addition to (or different than) those made under this Act may not be 
imposed by any State or territory or the District of Columbia with 
respect to articles prepared at any establishment under Federal 
inspection in accordance with the requirements of this Act or with 
respect to articles prepared for commerce at any State inspected 
establishment in accordance with the requirements of section 5(d). 
Further storage or handling requirements found by the Secretary to 
unduly interfere with the free flow of poultry products in commerce 
shall not be imposed by any State or territory or the District of 
Columbia.
    ``(c) Concurrent Jurisdiction.--A State or territory or the 
District of Columbia may, consistent with the requirements of this Act, 
exercise concurrent jurisdiction with the Secretary over articles 
distributed in commerce or otherwise subject to this Act, for the 
purpose of preventing the distribution for human food purposes of any 
such articles which are not in compliance with the requirements of this 
Act and are outside of any federally or State inspected establishment, 
or in the case of imported articles, which are not at such an 
establishment, after their entry into the United States.
    ``(d) Other Activities.--This Act shall not preclude any State or 
territory or the District of Columbia from making requirements or 
taking other action, consistent with this Act, with respect to any 
other matters regulated under this Act.''.
                                 <all>