[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3519 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3519

   To reform the State inspection of meat and poultry in the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2006

   Mr. Hatch (for himself, Mr. Conrad, and Mr. Kohl) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To reform the State inspection of meat and poultry in the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agriculture Small 
Business Opportunity and Enhancement Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--MEAT INSPECTION

Sec. 101. Federal and State cooperation on meat inspection for 
                            intrastate distribution.
Sec. 102. State meat inspection programs.
                      TITLE II--POULTRY INSPECTION

Sec. 201. Federal and State cooperation on poultry inspection for 
                            intrastate distribution.
Sec. 202. State poultry inspection programs.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Regulations.
Sec. 302. Termination of authority to establish an interstate 
                            inspection program.

                        TITLE I--MEAT INSPECTION

SEC. 101. FEDERAL AND STATE COOPERATION ON MEAT INSPECTION FOR 
              INTRASTATE DISTRIBUTION.

    (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 so as to appear 
                at the end of that Act;
                    (B) by redesignating section 301 (21 U.S.C. 661) as 
                section 501;
                    (C) in title V (as redesignated by subparagraph 
                (A)), by striking the title heading and inserting the 
                following:

    ``TITLE V--FEDERAL AND STATE COOPERATION ON MEAT INSPECTION FOR 
                       INTRASTATE DISTRIBUTION'';

        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 
        January 1, 2007.
    (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 412''.
                    (B) Section 24 of the Federal Meat Inspection Act 
                (21 U.S.C. 624) (as amended by subsection (a)(2)(B)) is 
                amended in the last sentence by striking ``section 
                501(a)(4)'' and inserting ``section 412''.
                    (C) Section 205 of the Federal Meat Inspection Act 
                (21 U.S.C. 645) (as amended by subsection (a)(2)(C)) is 
                amended by striking ``section 501(a)(4)'' and inserting 
                ``section 412''.
            (3) Effective date.--Except as provided in section 302, 
        this subsection takes effect on January 1, 2007.

SEC. 102. STATE MEAT INSPECTION PROGRAMS.

    (a) In General.--The Federal Meat Inspection Act (as amended by 
section 101(a)(1)) is amended by inserting after title II (21 U.S.C. 
641 et seq.) the following:

              ``TITLE III--STATE MEAT INSPECTION PROGRAMS

``SEC. 301. POLICY AND FINDINGS.

    ``(a) Policy.--It is the policy of Congress to ensure that 
consumers continue to have access to a safe, wholesome, abundant, and 
affordable supply of meat and meat food products and to assist in 
efforts by State and other government agencies to accomplish that 
policy.
    ``(b) Findings.--Congress finds that--
            ``(1) the goal of providing a safe, wholesome, abundant, 
        and affordable supply of meat and meat food products throughout 
        the United States is achieved, in part, through the role played 
        by both Federal and State food safety inspection programs;
            ``(2) as of the date of enactment of the Agriculture Small 
        Business Opportunity and Enhancement Act of 2006, State and 
        local government programs conduct more than 80 percent of food 
        establishment inspections, respond to and manage the majority 
        of food emergencies in the United States, and conduct the 
        majority of food product testing for bacteriological or 
        chemical contamination;
            ``(3) important Federal regulatory programs have been 
        effectively applied to improve all segments of the extensive 
        food safety system of the United States, including the food 
        production and distribution chain, animal and plant husbandry, 
        production, transportation, and preparation;
            ``(4) an extensive science-based food safety verification 
        system became effective in 1996 with the Pathogen Reduction/
        Hazard Analysis and Critical Control Point systems of the 
        Department of Agriculture (referred to in this subsection as 
        the `HACCP system');
            ``(5) the HACCP system has been fully implemented for all 
        inspection establishments since 2000, providing the Department 
        of Agriculture with years of food safety testing and 
        verification data, which provide timely information to both 
        consumers and industry;
            ``(6) Federal and State meat inspection programs should 
        function together as a seamless system in both intrastate and 
        interstate commerce;
            ``(7) coordinating Federal and State inspection programs 
        will improve food safety and enhance consumer confidence in the 
        food supply;
            ``(8) there are no substantive distinctions between Federal 
        and State inspection requirements because State meat and 
        poultry inspection programs must equal or exceed the level of 
        food safety for the Federal inspection program;
            ``(9) the Department of Agriculture updated the policy and 
        procedures for reviewing State inspection programs in 2004, 
        which has further strengthened testing and training 
        requirements by adding a higher margin of safety to the State 
        inspection process;
            ``(10) the Department of Agriculture has undertaken a new 
        comprehensive review of State meat and poultry inspection 
        programs and issued an interim report in 2005 that found that 
        State inspection programs are at least equal to the Federal 
        inspection program;
            ``(11) in approximately half of the States with inspection 
        programs, the State inspectors provide inspection coverage for 
        both Federal and State facilities;
            ``(12) the statutory prohibition in effect as of the date 
        of enactment of the Agriculture Small Business Opportunity and 
        Enhancement Act of 2006 against interstate shipment of State-
        inspected meat products is not in the best interests of 
        consumers or small business;
            ``(13) 3 advisory committees of the Department of 
        Agriculture have urged aggressive action to end the inequities 
        in meat inspection and recommended that steps be taken to 
        promote the competitiveness of State-inspected meat products 
        that meet Federal standards of inspection by allowing the sale 
        of the meat in interstate commerce;
            ``(14) State-inspected meat and poultry are the only 
        commodities that are restricted from sale across State lines, 
        although other commodities that are inspected under State 
        jurisdiction are marketed freely in the United States;
            ``(15) the same marketing options that apply to other 
        commodities should be available for State-inspected meat and 
        poultry;
            ``(16) interstate markets for State-inspected products will 
        spur more competition and innovation in the industry, providing 
        consumers with more choices in the supermarket; and
            ``(17) increased markets will stimulate small business 
        sales, expand rural development, and increase local tax bases, 
        benefitting producers, processors, related industries, and 
        consumers.

``SEC. 302. DEFINITION OF REGULATORY DOCUMENT.

    ``In this title, the term `regulatory document' means--
            ``(1) a directive;
            ``(2) a notice; and
            ``(3) a policy memorandum.

``SEC. 303. APPROVAL OF STATE MEAT INSPECTION PROGRAMS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary may approve a State meat inspection program and allow the 
shipment in commerce of carcasses, parts of carcasses, meat, and meat 
food products inspected under the State meat inspection program in 
accordance with this title.
    ``(b) Eligibility.--To receive or maintain approval from the 
Secretary for a State meat inspection program in accordance with 
subsection (a), a State shall--
            ``(1) implement a State meat inspection program that 
        enforces the mandatory antemortem and postmortem inspection, 
        reinspection, sanitation, and related Federal requirements of 
        titles I, II, and IV (including applicable regulations 
        promulgated and regulatory documents issued under those 
        titles); and
            ``(2) enter into a cooperative agreement with the Secretary 
        in accordance with subsection (c).
    ``(c) Cooperative Agreement.--Notwithstanding chapter 63 of title 
31, United States Code, the Secretary may enter into a cooperative 
agreement with a State that--
            ``(1) establishes the terms governing the relationship 
        between the Secretary and the State meat inspection program; 
        and
            ``(2) provides that--
                    ``(A) the State will adopt (including adoption by 
                reference) provisions equivalent to titles I, II, and 
                IV (including applicable regulations promulgated and 
                regulatory documents issued under those titles);
                    ``(B) State-inspected and passed meat and meat food 
                products will be marked with a mark of State 
                inspection, which shall be deemed to be an official 
                mark, in accordance with requirements issued by the 
                Secretary;
                    ``(C) the State will comply with all labeling 
                requirements issued by the Secretary governing meat and 
                meat food products inspected under the State meat 
                inspection program;
                    ``(D) the Secretary shall have authority--
                            ``(i) to detain and seize livestock, 
                        carcasses, parts of carcasses, meat, and meat 
                        food products under the State meat inspection 
                        program;
                            ``(ii) to obtain access to facilities, 
                        records, livestock, carcasses, parts of 
                        carcasses, meat, and meat food products of any 
                        person, firm, or corporation that slaughters, 
                        processes, handles, stores, transports, or 
                        sells meat or meat food products inspected 
                        under the State meat inspection program to 
                        determine compliance with this Act (including 
                        applicable regulations promulgated and 
                        regulatory documents issued under this Act); 
                        and
                            ``(iii) to direct the State to conduct any 
                        activity authorized to be conducted by the 
                        Secretary under this Act (including applicable 
                        regulations promulgated and regulatory 
                        documents issued under this Act); and
                            ``(iv) such other terms as the Secretary 
                        determines to be necessary shall be included in 
                        the cooperative agreement to ensure that the 
                        actions of the State and the State meat 
                        inspection program are consistent with this Act 
                        (including applicable regulations promulgated 
                        and regulatory documents issued under this 
                        Act).
    ``(d) Restriction on Establishment Size.--
            ``(1) In general.--Except as provided in paragraph (2), 
        establishments with more than 50 employees may not be accepted 
        into a State meat inspection program.
            ``(2) Existing establishments.--Subject to paragraph (3), 
        any establishment that is subject to State inspection on 
        January 1, 2007, may remain subject to State inspection.
            ``(3) Federally-inspected establishments.--After January 1, 
        2007, a Federally-inspected establishment shall not be eligible 
        to apply for and receive State inspection if the establishment 
        has more than 50 employees.
    ``(e) Reimbursement of State Costs.--The Secretary may reimburse 
the State for not more than 60 percent of the State's costs of meeting 
the Federal requirements for the State meat inspection program.
    ``(f) Sampling.--A duly authorized representative of the Secretary 
shall be afforded access to State-inspected establishments to take 
reasonable samples of the inventory of the establishments upon payment 
of the fair market value of the samples.
    ``(g) Noncompliance.--If the Secretary determines that a State meat 
inspection program does not comply with this title or the cooperative 
agreement under subsection (c), the Secretary shall take such action as 
the Secretary determines to be necessary to ensure that the carcasses, 
parts of carcasses, meat, and meat food products in the State are 
inspected in a manner that effectuates this Act (including applicable 
regulations promulgated and regulatory documents issued under this 
Act).

``SEC. 304. AUTHORITY TO TAKE OVER STATE MEAT INSPECTION PROGRAMS.

    ``(a) Notification.--If the Secretary has reason to believe that a 
State is not in compliance with this Act (including applicable 
regulations promulgated and regulatory documents issued under this Act) 
or the cooperative agreement under section 303(c) and is considering 
the revocation or temporary suspension of the approval of the State 
meat inspection program, the Secretary shall promptly notify and 
consult with the Governor of the State.
    ``(b) Suspension and Revocation.--The Secretary may revoke or 
temporarily suspend the approval of a State meat inspection program and 
take over a State meat inspection program if the Secretary determines 
that the State meat inspection program is not in compliance with this 
Act (including applicable regulations promulgated and regulatory 
documents issued under this Act) or the cooperative agreement.
    ``(c) Publication.--If the Secretary revokes or temporarily 
suspends the approval of a State meat inspection program in accordance 
with subsection (b), the Secretary shall publish the determination 
under that subsection in the Federal Register.
    ``(d) Inspection of Establishments.--On the expiration of 30 days 
after the date of publication of a determination under subsection (c), 
an establishment subject to a State meat inspection program with 
respect to which the Secretary makes a determination under subsection 
(b) shall be inspected by the Secretary.

``SEC. 305. EXPEDITED AUTHORITY TO TAKE OVER INSPECTION OF STATE-
              INSPECTED ESTABLISHMENTS.

    ``Notwithstanding any other provision of this title, if the 
Secretary determines that an establishment operating under a State meat 
inspection program is not operating in accordance with this Act 
(including applicable regulations promulgated and regulatory documents 
issued under this Act) or the cooperative agreement under section 
303(c), and the State, after notification by the Secretary to the 
Governor, has not taken appropriate action within a reasonable time as 
determined by the Secretary, the Secretary may immediately determine 
that the establishment is an establishment that shall be inspected by 
the Secretary, until such time as the Secretary determines that the 
State will meet the requirements of this Act (including applicable 
regulations promulgated and regulatory documents issued under this Act) 
and the cooperative agreement with respect to the establishment.

``SEC. 306. ANNUAL REVIEW.

    ``The Secretary shall develop and implement a process, in 
consultation with the States--
            ``(1) to review annually each State meat inspection program 
        approved under this title; and
            ``(2) to certify the State meat inspection programs that 
        comply with the cooperative agreement entered into with the 
        State under section 303(c).

``SEC. 307. FEDERAL INSPECTION OPTION.

    ``(a) In General.--An establishment that operates in a State with 
an approved State meat inspection program may apply for--
            ``(1) inspection under the State meat inspection program; 
        or
            ``(2) Federal inspection.
    ``(b) Limitation.--An establishment shall not make an application 
under subsection (a) more than once every 4 years.''.
    (b) Acceptance of Interstate Shipments; Advisory Committees.--Title 
IV of the Federal Meat Inspection Act is amended--
            (1) by redesignating section 411 (21 U.S.C. 680) as section 
        413; and
            (2) by inserting after section 410 (21 U.S.C. 679a) the 
        following:

``SEC. 411. ACCEPTANCE OF INTERSTATE SHIPMENTS OF MEAT AND MEAT FOOD 
              PRODUCTS.

    ``Notwithstanding any provision of State law, a State or local 
government shall not prohibit or restrict the movement or sale of meat 
or meat food products that have been inspected and passed in accordance 
with this Act for interstate commerce.

``SEC. 412. ADVISORY COMMITTEES FOR FEDERAL AND STATE PROGRAMS.

    ``The Secretary may appoint advisory committees consisting of such 
representatives of appropriate State agencies as the Secretary and the 
State agencies may designate to consult with the Secretary concerning 
Federal and State programs with respect to meat inspection and other 
matters within the scope of this Act.''.
    (c) Effective Date.--This section takes effect on January 1, 2007.

                      TITLE II--POULTRY INSPECTION

SEC. 201. FEDERAL AND STATE COOPERATION ON POULTRY INSPECTION FOR 
              INTRASTATE DISTRIBUTION.

    (a) Redesignation.--
            (1) In general.--Section 5 of the Poultry Products 
        Inspection Act (21 U.S.C. 454) is redesignated as section 33 
        and moved so as to appear at the end of that Act.
            (2) Intrastate program.--Section 33 of the Poultry Products 
        Inspection Act (as redesignated by paragraph (1)) is amended by 
        striking the section heading and inserting the following:

``SEC. 33. FEDERAL AND STATE COOPERATION ON POULTRY INSPECTION FOR 
              INTRASTATE DISTRIBUTION.''.

            (3) Conforming amendments.--
                    (A) Section 8(b) of the Poultry Products Inspection 
                Act (21 U.S.C. 457(b)) is amended in the second 
                sentence by striking ``section 5 of this Act'' and 
                inserting ``section 33(a)(4)''.
                    (B) Section 11(e) of the Poultry Products 
                Inspection Act (21 U.S.C. 460(e)) is amended by 
                striking ``section 5 of this Act'' and inserting 
                ``section 33(a)(4)''.
            (4) Effective date.--This subsection takes effect on 
        January 1, 2007.
    (b) Repeal.--
            (1) In general.--Section 33 of the Poultry Products 
        Inspection Act (as redesignated by subsection (a)(1)) is 
        repealed.
            (2) Conforming amendments.--
                    (A) Section 8(b) of the Poultry Products Inspection 
                Act (21 U.S.C. 457(b)) (as amended by subsection 
                (a)(3)(A)) is amended in the second sentence by 
                striking ``section 33(a)(4)'' and inserting ``section 
                32''.
                    (B) Section 11(e) of the Poultry Products 
                Inspection Act (21 U.S.C. 460(e)) (as amended by 
                subsection (a)(3)(B)) is amended by striking ``section 
                33(a)(4)'' and inserting ``section 32''.
            (3) Effective date.--Except as provided in section 302, 
        this subsection takes effect on January 1, 2007.

SEC. 202. STATE POULTRY INSPECTION PROGRAMS.

    (a) In General.--The Poultry Products Inspection Act (as amended by 
section 201(a)(1)) is amended by inserting after section 4 (21 U.S.C. 
453) the following:

``SEC. 5. STATE POULTRY INSPECTION PROGRAMS.

    ``(a) Policy.--It is the policy of Congress to protect the public 
from poultry products that are adulterated or misbranded and to assist 
in efforts by State and other government agencies to accomplish that 
policy.
    ``(b) Definition of Regulatory Document.--In this section, the term 
`regulatory document' means--
            ``(1) a directive;
            ``(2) a notice; and
            ``(3) a policy memorandum.
    ``(c) Approval of State Poultry Inspection Programs.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, the Secretary may approve a State poultry inspection 
        program and allow the shipment in commerce of poultry products 
        inspected under the State poultry inspection program in 
        accordance with this section and section 5A.
            ``(2) Eligibility.--To receive or maintain approval from 
        the Secretary for a State poultry inspection program in 
        accordance with paragraph (1), a State shall--
                    ``(A) implement a State poultry inspection program 
                that enforces the mandatory antemortem and postmortem 
                inspection, reinspection, sanitation, and related 
                Federal requirements of sections 1 through 4 and 6 
                through 32 (including applicable regulations 
                promulgated and regulatory documents issued under those 
                sections); and
                    ``(B) enter into a cooperative agreement with the 
                Secretary in accordance with paragraph (3).
            ``(3) Cooperative agreement.--Notwithstanding chapter 63 of 
        title 31, United States Code, the Secretary may enter into a 
        cooperative agreement with a State that--
                    ``(A) establishes the terms governing the 
                relationship between the Secretary and the State 
                poultry inspection program; and
                    ``(B) provides that--
                            ``(i) the State will adopt (including 
                        adoption by reference) provisions equivalent to 
                        sections 1 through 4 and 6 through 32 
                        (including applicable regulations promulgated 
                        and regulatory documents issued under this Act;
                            ``(ii) State-inspected and passed poultry 
                        products will be marked with a mark of State 
                        inspection, which shall be deemed to be an 
                        official mark, in accordance with requirements 
                        issued by the Secretary;
                            ``(iii) the State will comply with all 
                        labeling requirements issued by the Secretary 
                        governing poultry products inspected under the 
                        State poultry inspection program;
                            ``(iv) the Secretary shall have authority--
                                    ``(I) to detain and seize poultry 
                                and poultry products under the State 
                                poultry inspection program;
                                    ``(II) to obtain access to 
                                facilities, records, and poultry 
                                products of any person that slaughters, 
                                processes, handles, stores, transports, 
                                or sells poultry products inspected 
                                under the State poultry inspection 
                                program to determine compliance with 
                                this Act (including applicable 
                                regulations promulgated and regulatory 
                                documents issued under this Act); and
                                    ``(III) to direct the State to 
                                conduct any activity authorized to be 
                                conducted by the Secretary under this 
                                Act (including applicable regulations 
                                promulgated and regulatory documents 
                                issued under this Act); and
                            ``(v) such other terms as the Secretary 
                        determines to be necessary shall be included in 
                        the cooperative agreement to ensure that the 
                        actions of the State and the State poultry 
                        inspection program are consistent with this Act 
                        (including applicable regulations promulgated 
                        and regulatory documents issued under this 
                        Act).
            ``(4) Restriction on establishment size.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), establishments with more than 50 
                employees may not be accepted into a State poultry 
                inspection program.
                    ``(B) Existing establishments.--Subject to 
                subparagraph (C), any establishment that is subject to 
                State inspection on January 1, 2007 may remain subject 
                to state inspection.
                    ``(C) Federally-inspected establishments.--After 
                January 1, 2007, a Federally-inspected establishment 
                shall not be eligible to apply for and receive State 
                inspection if the establishment has more than 50 
                employees.
            ``(5) Reimbursement of state costs.--The Secretary may 
        reimburse the State for not more than 60 percent of the State's 
        costs of meeting the Federal requirements for the State poultry 
        inspection program.
            ``(6) Sampling.--A duly authorized representative of the 
        Secretary shall be afforded access to State-inspected 
        establishments to take reasonable samples of the inventory of 
        the establishment upon payment of the fair market value of the 
        samples.
            ``(7) Noncompliance.--If the Secretary determines that a 
        State poultry inspection program does not comply with this 
        section, section 5A, or the cooperative agreement under 
        paragraph (3), the Secretary shall take such action as the 
        Secretary determines to be necessary to ensure that the poultry 
        products in the State are inspected in a manner that 
        effectuates this Act (including applicable regulations 
        promulgated and regulatory documents issued under this Act).
    ``(d) Annual Review.--The Secretary shall develop and implement a 
process, in consultation with States--
            ``(1) to review annually each State poultry inspection 
        program approved under this section; and
            ``(2) to certify the State poultry inspection programs that 
        comply with the cooperative agreement entered into with the 
        State under subsection (c)(3).
    ``(e) Federal Inspection Option.--
            ``(1) In general.--An official establishment that operates 
        in a State with an approved State poultry inspection program 
        may apply for inspection under the State poultry inspection 
        program or for Federal inspection.
            ``(2) Limitation.--An official establishment shall not make 
        an application under paragraph (1) more than once every 4 
        years.

``SEC. 5A. AUTHORITY TO TAKE OVER STATE POULTRY INSPECTION ACTIVITIES.

    ``(a) Definition of Regulatory Document.--In this section, the term 
`regulatory document' has the meaning given the term in section 5(b).
    ``(b) Authority to Take Over State Poultry Inspection Programs.--
            ``(1) Notification.--If the Secretary has reason to believe 
        that a State is not in compliance with this Act (including 
        applicable regulations promulgated and regulatory documents 
        issued under this Act) or the cooperative agreement under 
        section 5(c)(3) and is considering the revocation or temporary 
        suspension of the approval of the State poultry inspection 
        program, the Secretary shall promptly notify and consult with 
        the Governor of the State.
            ``(2) Suspension and revocation.--The Secretary may revoke 
        or temporarily suspend the approval of a State poultry 
        inspection program and take over a State poultry inspection 
        program if the Secretary determines that the State poultry 
        inspection program is not in compliance with this Act 
        (including applicable regulations promulgated and regulatory 
        documents issued under this Act) or the cooperative agreement.
            ``(3) Publication.--If the Secretary revokes or temporarily 
        suspends the approval of a State poultry inspection program in 
        accordance with paragraph (2), the Secretary shall publish the 
        determination under that paragraph in the Federal Register.
            ``(4) Inspection of establishments.--On the expiration of 
        30 days after the date of publication of a determination under 
        paragraph (3), an official establishment subject to a State 
        poultry inspection program with respect to which the Secretary 
        makes a determination under paragraph (2) shall be inspected by 
        the Secretary.
    ``(c) Expedited Authority to Take Over Inspection of State-
Inspected Official Establishments.--Notwithstanding any other provision 
of this section or section 5, if the Secretary determines that an 
official establishment operating under a State poultry inspection 
program is not operating in accordance with this Act (including 
applicable regulations promulgated and regulatory documents issued 
under this Act) or the cooperative agreement under section 5(c)(3), and 
the State, after notification by the Secretary to the Governor, has not 
taken appropriate action within a reasonable time as determined by the 
Secretary, the Secretary may immediately determine that the official 
establishment is an establishment that shall be inspected by the 
Secretary, until such time as the Secretary determines that the State 
will meet the requirements of this Act (including applicable 
regulations promulgated and regulatory documents issued under this Act) 
and the cooperative agreement with respect to the official 
establishment.''.
    (b) Acceptance of Interstate Shipments; Advisory Committees.--The 
Poultry Products Inspection Act is amended by inserting after section 
30 (21 U.S.C. 471) the following:

``SEC. 31. ACCEPTANCE OF INTERSTATE SHIPMENTS OF POULTRY PRODUCTS.

    ``Notwithstanding any provision of State law, a State or local 
government shall not prohibit or restrict the movement or sale of 
poultry products that have been inspected and passed in accordance with 
this Act for interstate commerce.

``SEC. 32. ADVISORY COMMITTEES FOR FEDERAL AND STATE PROGRAMS.

    ``The Secretary may appoint advisory committees consisting of such 
representatives of appropriate State agencies as the Secretary and the 
State agencies may designate to consult with the Secretary concerning 
State and Federal programs with respect to poultry product inspection 
and other matters within the scope of this Act.''.
    (c) Effective Date.--This section takes effect on January 1, 2007.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. REGULATIONS.

    Not later than January 1, 2007, the Secretary of Agriculture may 
promulgate such regulations as are necessary to implement the 
amendments made by sections 102 and 202.

SEC. 302. TERMINATION OF AUTHORITY TO ESTABLISH AN INTERSTATE 
              INSPECTION PROGRAM.

    If the Secretary of Agriculture has not approved any State meat 
inspection program or State poultry inspection program by entering into 
a cooperative agreement under title III of the Federal Meat Inspection 
Act and sections 5 and 5A of the Poultry Products Inspection Act (as 
amended by this Act) by January 1, 2007, sections 101(b), 102, 201(b), 
and 202, and the amendments made by those sections, are repealed 
effective as of that date.
                                 <all>