118 S846 IS: New Markets for State-Inspected Meat and Poultry Act of 2023
U.S. Senate
2023-03-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 846
IN THE SENATE OF THE UNITED STATES
March 16, 2023
Mr. Rounds (for himself, Mr. King, Mr. Cramer, Mr. Daines, Mr. Barrasso, Mr. Grassley, Mr. Tester, Ms. Smith, Ms. Lummis, Mr. Thune, and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow the interstate sale of State-inspected meat and poultry, and for other purposes.
1.

Short title
This Act may be cited as the “New Markets for State-Inspected Meat and Poultry Act of 2023”.
2.

State-inspected meat
Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended—
(1)
by striking the section designation and inserting the following:
“301.

Sale of inspected meat and meat food products”;
(2)
in subsection (a)—
(A)
by striking “In furtherance of this policy” in the matter preceding paragraph (1) and all that follows through “(1) The Secretary” in paragraph (1) and inserting the following:
“(B)

State Programs
(i)

In general
The Secretary”;
(B)
by striking “(a) It is” and inserting the following:
“(a)

State meat inspection program
(1)

In general
(A)

Policy
It is”; and
(C)
in paragraph (1)(B) (as so designated)—
(i)
in clause (i) (as so designated), by striking “solely for distribution within such State” and inserting “for distribution”; and
(ii)
by adding at the end the following:
“(ii)

Interstate commerce
(I)

In general
Notwithstanding any other provision of this Act, the Secretary may allow the shipment in interstate commerce of carcasses, parts of carcasses, meat, and meat food products inspected under the State meat inspection program described in clause (i).
(II)

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.”;
(3)
in subsection (b), by striking “(b) The appropriate” and inserting the following:
“(b)

Cooperation of State agency
The appropriate”;
(4)
in subsection (c)—
(A)
by striking “(c)(1) If the Secretary” and inserting the following:
“(c)

Enforcement of federal requirements
(1)

Designation of States
(A)

In general
If the Secretary”;
(B)
in paragraph (1) (as so designated)—
(i)
in subparagraph (A) (as so designated)—
(I)
in the first sentence, by striking “solely for distribution within such State” and inserting “for distribution”; and
(II)
in the second sentence, by striking “If the Secretary” and inserting the following:
“(B)

Designation of States
(i)

In general
Except as provided under clause (ii), if the Secretary”;
(ii)
in subparagraph (B) (as so designated)—
(I)
in clause (i) (as so designated)—
- (aa)
in the first sentence, by striking “wholly”; and
- (bb)
by striking “State; Provided, That if” and inserting the following:
“State.
(ii)

Exception
If”; and
(II)
in clause (ii) (as so designated)—
- (aa)
in the first sentence—
(AA)
by striking “such designation” and inserting “a designation made under clause (i)”; and
(BB)
by striking “he” each place it appears and inserting “the Secretary”; and
- (bb)
in the second sentence, by striking “The Secretary shall” and inserting the following:
“(C)

Publication of designation
The Secretary shall”;
(iii)
in subparagraph (C) (as so designated)—
(I)
in the first sentence—
- (aa)
by striking “if such”; and
- (bb)
by striking “were” after “transactions”; and
(II)
in the second sentence, by striking “Thereafter, upon request” and inserting the following:
“(D)

Revocation of designation
On request”;
(iv)
in subparagraph (D) (as so designated)—
(I)
in the first sentence, by striking “such designation” and inserting “a designation made under subparagraph (B)(i)”; and
(II)
by striking “title IV of this Act: And provided further, That, notwithstanding”; and inserting the following:
“title IV.
(E)

Adulterated meat or meat food product
(i)

In general
Notwithstanding”; and
(v)
in subparagraph (E) (as so designated)—
(I)
in clause (i) (as so designated)—
- (aa)
in the first sentence—
(AA)
by striking “within such State”; and
(BB)
by striking “section 301 of the Act” and inserting “this section”; and
- (bb)
in the second sentence, by striking “If the State” and inserting the following:
“(ii)

Enforcement
If the State”; and
(II)
in clause (ii) (as so designated), by striking “as though engaged in commerce”;
(C)
in paragraph (2), by striking “(2) The provisions” and inserting the following:
“(2)

Exceptions to inspection
The provisions”;
(D)
in paragraph (3)—
(i)
by striking “(3) Whenever” and inserting the following:
“(3)

Termination of designation
If”; and
(ii)
by striking “he” and inserting “the Secretary”; and
(E)
in paragraph (4), by striking “(4) The Secretary” and inserting the following:
“(4)

Report
The Secretary”; and
(5)
in subsection (d), by striking “(d) As used in” and inserting the following:
“(d)

Definition of State
In”.
3.

State-inspected poultry products
Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended—
(1)
by striking the section heading and designation and inserting the following:
“5.

Sale of inspected poultry products”;
(2)
in subsection (a)—
(A)
by striking “In furtherance of this policy” in the matter preceding paragraph (1) and all that follows through “(1) The Secretary” in paragraph (1) and inserting the following:
“(B)

State Programs
(i)

In general
The Secretary”;
(B)
by striking “(a) It is” and inserting the following:
“(a)

State poultry product inspection program
(1)

In general
(A)

Policy
It is”; and
(C)
in paragraph (1)(B) (as so designated)—
(i)
in clause (i) (as so designated), by striking “solely for distribution within such State” and inserting “for distribution”; and
(ii)
by adding at the end the following:
“(ii)

Interstate commerce
(I)

In general
Notwithstanding any other provision of this Act, the Secretary may allow the shipment in interstate commerce of poultry products inspected under the State poultry product inspection program described in clause (i).
(II)

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.”;
(3)
in subsection (b), by striking “(b) The appropriate” and inserting the following:
“(b)

Cooperation of State agency
The appropriate”;
(4)
in subsection (c)—
(A)
by striking “(c)(1) If the Secretary” and inserting the following:
“(c)

Enforcement of federal requirements
(1)

Designation of States
(A)

In general
If the Secretary”;
(B)
in paragraph (1) (as so designated)—
(i)
in subparagraph (A) (as so designated)—
(I)
in the first sentence, by striking “solely for distribution within such State” and inserting “for distribution”; and
(II)
in the second sentence, by striking “If the Secretary” and inserting the following:
“(B)

Designation of States
(i)

In general
Except as provided under clause (ii), if the Secretary”;
(ii)
in subparagraph (B) (as so designated)—
(I)
in clause (i) (as so designated)—
- (aa)
in the first sentence, by striking “wholly”; and
- (bb)
by striking “State: Provided, That if” and inserting the following:
“State.
(ii)

Exception
If”; and
(II)
in clause (ii) (as so designated)—
- (aa)
in the first sentence—
(AA)
by striking “such designation” and inserting “a designation made under clause (i)”; and
(BB)
by striking “he” each place it appears and inserting “the Secretary”; and
- (bb)
in the second sentence, by striking “The Secretary shall” and inserting the following:
“(C)

Publication of designation
The Secretary shall”;
(iii)
in subparagraph (C) (as so designated)—
(I)
in the first sentence—
- (aa)
by striking “if such”; and
- (bb)
by striking “were” after “transactions”; and
(II)
in the second sentence, by striking “However, notwithstanding” and inserting the following:
“(D)

Adulterated poultry product
(i)

In general
Notwithstanding”; and
(iv)
in subparagraph (D) (as so designated)—
(I)
in clause (i) (as so designated)—
- (aa)
in the first sentence—
(AA)
by striking “within such State”; and
(BB)
by striking “subparagraph (a)(4) of this section” and inserting “subsection (a)(4)”; and
- (bb)
in the second sentence, by striking “If the State” and inserting the following:
“(ii)

Enforcement
If the State”; and
(II)
in clause (ii) (as so designated), by striking “as though engaged in commerce”;
(C)
in paragraph (2), by striking “(2) The provisions” and inserting the following:
“(2)

Exceptions to inspection
The provisions”;
(D)
in paragraph (3), by striking “(3) Whenever” and inserting the following:
“(3)

Termination of designation
If”; and
(E)
in paragraph (4), by striking “(4) The Secretary” and inserting the following:
“(4)

Report
The Secretary”; and
(5)
in subsection (d), by striking “(d) As used in” and inserting the following:
“(d)

Definition of State
In”.