[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1150 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1150

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2007

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

_______________________________________________________________________

                                 A BILL


 
   To enhance 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.

    This Act may be cited as the ``New Markets for State-Inspected Meat 
and Poultry Act of 2007''.

SEC. 2. REPORT ON STATE MEAT AND POULTRY INSPECTION PROGRAMS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Agriculture shall submit to Congress a 
report that identifies changes in each State meat and poultry 
inspection program that the Secretary determines are necessary to 
enable future transition to a State program of enforcing Federal 
inspection requirements as described in the amendments made by sections 
3 and 4.
    (b) Authorization of Appropriations.--
            (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.

SEC. 3. STATE MEAT INSPECTION PROGRAMS.

    (a) In General.--Title III of the Federal Meat Inspection Act (21 
U.S.C. 661 et seq.) is amended to read as follows:

              ``TITLE III--STATE MEAT INSPECTION PROGRAMS

``SEC. 301. FINDINGS; STATEMENT OF POLICY.

    ``(a) 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 produced under a Federal or State inspection program;
            ``(2) under the set of requirements described in paragraph 
        (1), meat inspection programs carried out by the Federal 
        Government and the States would function together to create a 
        seamless inspection system to ensure food safety and inspire 
        consumer confidence in the food supply of the United States 
        that is transported through interstate commerce;
            ``(3) the set of requirements described in paragraph (1) 
        would--
                    ``(A) ensure the viability of State meat inspection 
                programs; and
                    ``(B) help ensure the viability of small 
                establishments;
            ``(4) the inspection programs of the States are carried out 
        by individuals who have expertise in addressing the unique 
        needs of small and very small plants, many of which produce 
        specialty and seasonal meat and poultry products; and
            ``(5) maintaining the identity of State inspection programs 
        is important for the continuing provision of technical support, 
        guidance, and specialized services to small establishments.
    ``(b) Statement of Policy.--It is the policy of Congress--
            ``(1) to protect the public from meat and meat food 
        products that are adulterated or misbranded; and
            ``(2) to assist the efforts of Federal agencies and the 
        States to protect the public from those products.

``SEC. 302. APPROVAL OF STATE MEAT INSPECTION PROGRAMS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary may approve a State meat inspection program and allow the 
shipment in commerce of carcasses, parts of carcasses, meat, and meat 
food products inspected under the State meat inspection program in 
accordance with this title.
    ``(b) Eligibility.--
            ``(1) In general.--To receive or maintain approval from the 
        Secretary for a State meat inspection program in accordance 
        with subsection (a), a State shall--
                    ``(A) implement a State meat inspection program 
                that enforces the mandatory antemortem and postmortem 
                inspection, reinspection, sanitation, and related 
                Federal requirements of titles I, II, and IV (including 
                the regulations, directives, notices, policy memoranda, 
                and other regulatory requirements 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 
                described in paragraph (1), not later than 180 days 
                after the date on which the report is submitted under 
                section 2(a) of the New Markets for State-Inspected 
                Meat and Poultry Act of 2007, a State meat inspection 
                program shall implement all recommendations made in the 
                report, 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) 
                        during the period beginning on the effective 
                        date of the New Markets for State-Inspected 
                        Meat and Poultry Act of 2007 and ending on the 
                        date that is 1 year after the effective date of 
                        that Act.
                            ``(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 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 described 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--
            ``(1) establishes the terms governing the relationship 
        between the Secretary and the State meat inspection program;
            ``(2) provides that the State will adopt (including 
        adoption by reference) provisions that are identical to titles 
        I, II, and IV (including the regulations, directives, notices, 
        policy memoranda, and other regulatory requirements issued 
        under those titles);
            ``(3) provides that State-inspected and passed meat and 
        meat food products shall be marked with a mark of State 
        inspection, which shall be considered to be an official mark, 
        in accordance with requirements issued by the Secretary;
            ``(4) provides that 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;
            ``(5) provides that 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); 
                and
            ``(6) includes 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, directives, notices, policy 
        memoranda, and other regulatory requirements issued under this 
        Act).
    ``(d) Restriction on Establishment Size.--
            ``(1) In general.--After the date that is 90 days after the 
        effective date of the New Markets for State-Inspected Meat and 
        Poultry Act of 2007, an establishment with more than 50 
        employees may not be accepted into a State meat inspection 
        program.
            ``(2) Existing establishments.--Any establishment that is 
        subject to State inspection on the date specified in paragraph 
        (1) may remain subject to State inspection.
    ``(e) Reimbursement of State Costs.--The Secretary may reimburse a 
State for not less than 50 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 the 
regulations, directives, notices, policy memoranda, and other 
regulatory requirements 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, 
directives, notices, policy memoranda, and other regulatory 
requirements 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, 
        directives, notices, policy memoranda, and other regulatory 
        requirements issued under this Act) or the cooperative 
        agreement under section 302(c).
            ``(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 notice of the 
revocation or temporary suspension under that subsection in the Federal 
Register.
    ``(d) Inspection of Establishments.--Not later than 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, directives, notices, policy memoranda, and 
other regulatory requirements 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, directives, notices, policy memoranda, and 
other regulatory requirements) 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 annually review 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 developing 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. 680) as section 
        414; and
            (2) by inserting after section 410 (21 U.S.C. 679a) 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, as determined by 
the Secretary, 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.''.

SEC. 4. STATE POULTRY INSPECTION PROGRAMS.

    (a) In General.--Section 5 of the Poultry Products Inspection Act 
(21 U.S.C. 454) is amended to read as follows:

``SEC. 5. STATE POULTRY INSPECTION PROGRAMS.

    ``(a) Policy.--It is the policy of Congress to protect the public 
from poultry products that are adulterated or misbranded and to assist 
in efforts by State and other government agencies to accomplish that 
policy.
    ``(b) Findings.--Congress finds that--
            ``(1) the goal of a safe and wholesome supply of poultry 
        products throughout the United States would be better served if 
        a consistent set of requirements, established by the Federal 
        Government, were applied to all poultry products, whether 
        produced under State inspection or Federal inspection;
            ``(2) under such a system, State and Federal poultry 
        inspection programs would function together to create a 
        seamless inspection system to ensure food safety and inspire 
        consumer confidence in the food supply in interstate commerce; 
        and
            ``(3) such a system would ensure the viability of State 
        poultry inspection programs, which should help to foster the 
        viability of small official establishments.
    ``(c) Approval of State Poultry Inspection Programs.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, the Secretary may approve a State poultry inspection 
        program and allow the shipment in commerce of poultry products 
        inspected under the State poultry inspection program in 
        accordance with this section and section 5A.
            ``(2) Eligibility.--
                    ``(A) In general.--To receive or maintain approval 
                from the Secretary for a State poultry inspection 
                program in accordance with paragraph (1), a State 
                shall--
                            ``(i) implement a State poultry inspection 
                        program that enforces the mandatory antemortem 
                        and postmortem inspection, reinspection, 
                        sanitation, and related Federal requirements of 
                        sections 1 through 4 and 6 through 33 
                        (including the regulations, directives, 
                        notices, policy memoranda, and other regulatory 
                        requirements 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 described in subparagraph (A), not 
                        later than 180 days after the date on which the 
                        report is submitted under section 2(a) of the 
                        New Markets for State-Inspected Meat and 
                        Poultry Act of 2007, a State poultry inspection 
                        program shall implement all recommendations 
                        made in the report, 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) during the period beginning on the 
                                effective date of the New Markets for 
                                State-Inspected Meat and Poultry Act of 
                                2007 and ending on the date that is 1 
                                year after the effective date of that 
                                Act.
                                    ``(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 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 of Federal 
                                        inspection requirements.
                                    ``(III) Implementation 
                                requirements.--In addition to the 
                                requirements described 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--
                    ``(A) establishes the terms governing the 
                relationship between the Secretary and the State 
                poultry inspection program;
                    ``(B) provides that the State will adopt (including 
                adoption by reference) provisions that are identical to 
                sections 1 through 4 and 6 through 33 (including the 
                regulations, directives, notices, policy memoranda, and 
                other regulatory requirements issued under those 
                sections);
                    ``(C) provides that State-inspected and passed 
                poultry products may be marked with the mark of State 
                inspection, which shall be considered to be an official 
                mark, in accordance with requirements issued by the 
                Secretary;
                    ``(D) provides that the State will comply with all 
                labeling requirements issued by the Secretary governing 
                poultry products inspected under the State poultry 
                inspection program;
                    ``(E) provides that 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); and
                    ``(F) includes 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, directives, notices, policy memoranda, and 
                other regulatory requirements issued under this Act).
            ``(4) Restriction on establishment size.--
                    ``(A) In general.--After the date that is 90 days 
                after the effective date of the New Markets for State-
                Inspected Meat and Poultry Act of 2007, an 
                establishment with more than 50 employees may not be 
                accepted into a State meat inspection program.
                    ``(B) Existing establishments.--Any establishment 
                that is subject to State inspection on the date 
                specified in subparagraph (A) may remain subject to 
                State inspection.
            ``(5) Reimbursement of state costs.--The Secretary may 
        reimburse a State for not less 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 their inventory 
        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 the regulations, directives, 
        notices, policy memoranda, and other regulatory requirements 
        issued under this Act).
    ``(d) Annual Review.--
            ``(1) In general.--The Secretary shall develop and 
        implement a process to annually review 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 developing 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, directives, notices, policy memoranda, and other 
        regulatory requirements 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, directives, 
                notices, policy memoranda, and other regulatory 
                requirements 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 
        notice of the revocation or temporary suspension under that 
        paragraph in the Federal Register.
            ``(4) Inspection of establishments.--Not later than 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, 
directives, notices, policy memoranda, and other regulatory 
requirements 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, directives, notices, policy memoranda, and other 
regulatory requirements) 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 is amended by 
inserting after section 30 (21 U.S.C. 471) 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''.

SEC. 5. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture shall promulgate such regulations as are 
necessary to implement the amendments made by sections 3 and 4.

SEC. 6. EFFECTIVE DATE.

    The amendments made by sections 3 and 4 of this Act take effect on 
the date that is 180 days after the date of enactment of this Act.
                                 <all>