[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5106 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5106

  To direct the Secretary of Agriculture to publish criteria for the 
review of requests by certain meat or poultry establishments to operate 
at alternate inspection rates, to review and respond to such requests, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2023

 Mr. Finstad (for himself, Mr. Duarte, Mr. Alford, Mr. Bishop of North 
  Carolina, Mr. Smith of Nebraska, Mr. Clyde, Mrs. Fischbach, and Mr. 
   Rouzer) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture to publish criteria for the 
review of requests by certain meat or poultry establishments to operate 
at alternate inspection rates, to review and respond to such requests, 
                        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. REQUESTS FOR ALTERNATE INSPECTION RATES OF MEAT AND POULTRY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Agriculture (referred to in this section 
as the ``Secretary'') shall--
            (1) publish in the Federal Register food safety criteria 
        that the Secretary shall consider in granting a request 
        submitted by any establishment to operate at alternate 
        inspection rates; and
            (2) begin reviewing and responding to such requests from 
        such establishments.
    (b) Response.--
            (1) In general.--Not later than 90 days after the date on 
        which a request from an establishment to operate at alternate 
        inspection rates is submitted, the Secretary shall respond--
                    (A) in the case of a request that the Secretary 
                determines meets the food safety criteria referred to 
                in subsection (a)(1), by approving such request; or
                    (B) in the case of a request that the Secretary 
                determines does not meet the food safety criteria 
                referred to in subsection (a)(1), by denying such 
                request in writing and explaining in detail the reasons 
                for such denial.
            (2) Failure by secretary to respond.--In the case of a 
        failure by the Secretary to respond to a request during the 90-
        day period referred to in paragraph (1), such request shall be 
        deemed to have been approved by the Secretary.
    (c) Continuation of Operations at Certain Establishments.--In the 
case of an establishment operating at alternate inspection rates as of 
the date of enactment of this Act, the Secretary shall authorize such 
establishment to continue operating at such rates--
            (1) so long as the establishment maintains effective 
        process control; or
            (2) until such date that the Secretary, under subsection 
        (b)(1), approves or denies a request submitted by the 
        establishment to operate at alternate inspection rates.
    (d) Duration of Approved Requests.--An establishment may continue 
to operate pursuant to the terms of a request approved under subsection 
(b)(1) so long as the establishment continues to meet the food safety 
criteria referred to in subsection (a)(1).
    (e) Noncompliance and Revocation.--
            (1) Notice of noncompliance.--The Secretary shall provide--
                    (A) in the case of an establishment operating 
                pursuant to the terms of a request approved under 
                subsection (b)(1) that fails to meet the food safety 
                criteria referred to in subsection (a)(1), written 
                notice to such establishment describing the nature of 
                such failure; and
                    (B) in the case of an establishment continuing 
                operations under subsection (c) that fails to adhere to 
                the requirements of such subsection, written notice to 
                such establishment describing the nature of such 
                failure.
            (2) Grace period; response to noncompliance.--Following the 
        180-day period beginning on the date on which an establishment 
        receives a written notice of noncompliance under paragraph (1), 
        if the Secretary determines the establishment has not remedied 
        the failures described in such notice, the Secretary may--
                    (A) at the discretion of the Secretary, provide the 
                establishment an additional opportunity to remedy the 
                failures described in such notice; or
                    (B) revoke the authority of the establishment to 
                continue operating at alternate inspection rates and 
                provide written notice to the establishment describing 
                the basis for such revocation.
            (3) Timeline for adjusting inspection rates.--
                    (A) In general.--The written notice of revocation 
                referred to in paragraph (2)(B) shall include a 
                timeline for adjusting inspection rates at the 
                establishment receiving such notice to inspection rates 
                otherwise permitted under regulations implementing the 
                post-mortem inspection requirements of the Federal Meat 
                Inspection Act (21 U.S.C. 601 et seq.) and the Poultry 
                Products Inspection Act (21 U.S.C. et seq.), in effect 
                as of the date of enactment of this Act (or successor 
                regulations).
                    (B) Minimization of negative impacts.--In 
                establishing the timeline for adjusting inspection 
                rates described in subparagraph (A), the Secretary 
                shall--
                            (i) consider potential effects on live 
                        animal production and sourcing; and
                            (ii) consult with the establishment to 
                        which such rates shall apply to minimize 
                        negative impacts--
                                    (I) on the ability of the 
                                establishment to fulfill any 
                                contractual obligations of the 
                                establishment in effect on the date on 
                                which such timeline is established;
                                    (II) on animal producers or 
                                growers; and
                                    (III) on animal welfare.
            (4) Applicability.--A revocation under paragraph (2)(B) 
        shall not limit the ability of an establishment to apply and be 
        approved for alternate inspection rates under subsection 
        (b)(1), so long as the establishment otherwise meets the food 
        safety criteria referred to in subsection (a)(1).
    (f) Definitions.--In this section:
            (1) Alternate inspection rates.--The term ``alternate 
        inspection rates'' means any rate in excess of the maximum 
        rates permissible under regulations implementing the post-
        mortem inspection requirements of the Federal Meat Inspection 
        Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection 
        Act (21 U.S.C. 451 et seq.), in effect as of the date of 
        enactment of this Act (or successor regulations).
            (2) Establishment.--The term ``establishment'' means--
                    (A) an official establishment that is subject to 
                inspection under the Federal Meat Inspection Act (21 
                U.S.C. 601 et seq.); and
                    (B) an official establishment that is subject to 
                inspection under the Poultry Products Inspection Act 
                (21 U.S.C. 451 et seq.).
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