[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1291

  To permit the interstate distribution of State-inspected meat under 
                         certain circumstances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 9, 1997

 Mr. Hatch (for himself, Mr. Feingold, Mr. Thomas, Mr. Brownback, Mr. 
 Roberts, and Mr. Burns) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
  To permit the interstate distribution of State-inspected meat under 
                         certain circumstances.

    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 ``Interstate Distribution of State-
Inspected Meat Act of 1997''.

SEC. 2. WAIVER OF INTRASTATE DISTRIBUTION LIMITATION.

    (a) Meat.--Section 301(a) of the Federal Meat Inspection Act (21 
U.S.C. 661(a)) is amended by adding at the end the following:
            ``(5) Waiver of intrastate distribution limitation.--
                    ``(A) Evaluation.--On application of a State agency 
                with which the Secretary may cooperate under this Act, 
                the Secretary shall evaluate the inspection, 
                reinspection, and sanitation requirements of the 
                State's meat inspection program to verify that the 
                mandatory requirements of the program are at least 
                equal to the Federal requirements of title I and the 
                final rule entitled `Pathogen Reduction; Hazard 
                Analysis and Critical Control Point (HACCP) Systems' 
                (61 Fed. Reg. 38806), published on July 25, 1996.
                    ``(B) Waiver.--If the Secretary verifies that the 
                inspection, reinspection, and sanitation requirements 
                of the State's meat inspection program are at least 
                equal to the Federal requirements described in 
                subparagraph (A), the Secretary shall waive the 
                limitation of paragraph (1) that restricts meat 
                inspected by the State to intrastate distribution to 
                allow domestic distribution within the States, 
                territories, and possessions of the United States.
                    ``(C) Inspections.--
                            ``(i) In general.--Following any waiver 
                        under subparagraph (B), the Secretary may 
                        perform a random inspection of a State-
                        inspected plant within the State to ensure that 
                        the inspection, reinspection, and sanitation 
                        requirements of the State's meat inspection 
                        program are complied with to the same degree as 
                        the Federal requirements described in 
                        subparagraph (A) are complied with.
                            ``(ii) Inspectors.--The Secretary may use 
                        an employee of the Department of Agriculture, 
                        or may cooperate with the State agency to train 
                        and use a State employee, to perform an 
                        inspection under clause (i).
                            ``(iii) Noncompliance.--If an inspection 
                        under clause (i) discloses that the inspection, 
                        reinspection, and sanitation requirements of 
                        the State's meat inspection program are not 
                        complied with at a plant to the same degree as 
                        the Federal requirements described in 
                        subparagraph (A), the Secretary shall reimpose 
                        the restriction against the interstate 
                        distribution of meat and meat products produced 
                        at the plant until a subsequent inspection 
                        verifies that the inspection, reinspection, and 
                        sanitation requirements of the State's meat 
                        inspection program are complied with at the 
                        plant to the same degree as the Federal 
                        requirements described in subparagraph (A).''.
    (b) Poultry.--Section 5(a) of the Poultry Products Inspection Act 
(21 U.S.C. 454(a)) is amended by adding at the end the following:
            ``(5) Waiver of intrastate distribution limitation.--
                    ``(A) Evaluation.--On application of a State agency 
                with which the Secretary may cooperate under this Act, 
                the Secretary shall evaluate the inspection, 
                reinspection, and sanitation requirements of the 
                State's poultry inspection program to verify that the 
                mandatory requirements of the program are at least 
                equal to the Federal requirements of this Act and the 
                final rule entitled `Pathogen Reduction; Hazard 
                Analysis and Critical Control Point (HACCP) Systems' 
                (61 Fed. Reg. 38806), published on July 25, 1996.
                    ``(B) Waiver.--If the Secretary verifies that the 
                inspection, reinspection, and sanitation requirements 
                of the State's poultry inspection program are at least 
                equal to the Federal requirements described in 
                subparagraph (A), the Secretary shall waive the 
                limitation of paragraph (1) that restricts poultry 
                inspected by the State to intrastate distribution to 
                allow domestic distribution within the States, 
                territories, and possessions of the United States.
                    ``(C) Inspections.--
                            ``(i) In general.--Following any waiver 
                        under subparagraph (B), the Secretary may 
                        perform a random inspection of a State-
                        inspected plant within the State to ensure that 
                        the inspection, reinspection, and sanitation 
                        requirements of the State's poultry inspection 
                        program are complied with to the same degree as 
                        the Federal requirements described in 
                        subparagraph (A) are complied with.
                            ``(ii) Inspectors.--The Secretary may use 
                        an employee of the Department of Agriculture, 
                        or may cooperate with the State agency to train 
                        and use a State employee, to perform an 
                        inspection under clause (i).
                            ``(iii) Noncompliance.--If an inspection 
                        under clause (i) discloses that the inspection, 
                        reinspection, and sanitation requirements of 
                        the State's poultry inspection program are not 
                        complied with at a plant to the same degree as 
                        the Federal requirements described in 
                        subparagraph (A), the Secretary shall reimpose 
                        the restriction against the interstate 
                        distribution of poultry and poultry products 
                        produced at the plant until a subsequent 
                        inspection verifies that the inspection, 
                        reinspection, and sanitation requirements of 
                        the State's poultry inspection program are 
                        complied with at the plant to the same degree 
                        as the Federal requirements described in 
                        subparagraph (A).''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on 
December 1, 1997.
                                 <all>