[Congressional Record Volume 152, Number 77 (Thursday, June 15, 2006)]
[Senate]
[Page S5957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Conrad, and Mr. Kohl):
  S. 3519. A bill to reform the State inspection of meat and poultry in 
the United States, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. HATCH. Mr. President, today I rise to introduce the Agriculture 
Small Business Opportunity and Enhancement Act of 2006. Currently, 28 
States, including my home State of Utah, have State meat inspection 
programs. But, outdated Federal laws prohibit the interstate shipment 
of certain meats inspected under these programs. My legislation would 
remove that unfair ban.
  Let me provide some background on why this legislation is necessary. 
A 1906 law, the Federal Meat Inspection Act, requires the U.S. 
Department of Agriculture, USDA, to inspect all cattle, sheep, swine, 
goats, and horses slaughtered for human consumption. An amendment in 
1957, the Poultry Products Inspection Act, added poultry to that list. 
While the Federal Meat Inspection Act and the 1968 Poultry Products 
Inspection Act recognized State inspection programs separate from the 
Federal program, these laws also prohibit certain meats inspected under 
State programs from being sold in interstate commerce. That ban applies 
to beef, poultry, pork, lamb, and goat products, but not to specialty 
meats such as venison, pheasant, quail, rabbit, and numerous others 
that are typically inspected under State programs.
  It is important to point out that this ban is unique. State-inspected 
beef, poultry, pork, lamb, and goat products are the only food 
commodities that are banned from interstate shipment. Many perishable 
products, including milk and other dairy items, fruit, vegetables, and 
fish, which are inspected under State programs, are shipped freely 
across State lines.
  There is no legitimate reason for the ban on the interstate shipment 
of State-inspected meats to continue. The State programs are equal or 
superior to the Federal program. In fact, the 1967 and 1968 Meat and 
Poultry Inspection Acts require State inspection programs to be ``at 
least equal to'' the Federal program. Since 1967, USDA has conducted 
comprehensive reviews of each individual State inspection program to 
verify whether or not the program meets the statutory requirement to be 
``at least equal to'' the Federal program. In the nearly 30 years that 
USDA has been conducting these reviews, the agency has never 
unilaterally found that a State inspection program should be 
discontinued due to an inability to meet Federal food safety standards.
  Further, the 2002 farm bill required USDA to conduct an additional 
comprehensive review of State inspection programs. After a 2-year 
study, USDA issued an interim report which found that State inspection 
programs are indeed ``at least equal to'' the Federal inspection 
program. In addition, three USDA Advisory Committees have recommended 
that the ban on interstate shipment be lifted.
  In short, there is no distinction between the Federal and State 
inspection programs. Without exception, State inspection programs meet 
or exceed Federal food-safety requirements, and USDA has verified the 
safety of these programs for decades.
  In Utah, we have 32 establishments that inspect meat under a State's 
inspection program. These establishments, like the nearly 2,000 similar 
plants nationwide, are, for the most part, small businesses. And, 
generally speaking, these establishments cater to the needs of small, 
family-run farms and ranches. The outdated ban on interstate shipment 
of State-inspected meats clearly disrupts the free flow of trade, 
restricts market access for countless small businesses, and creates an 
unfair advantage for big businesses.
  But it gets worse. Current regulations also favor foreign meat 
producers over small businesses in our Nation. In fact, meat inspected 
in 34 foreign countries can be shipped anywhere in the U.S. because the 
USDA has certified that the inspection programs in these foreign 
countries are equivalent to the Federal program. As I have pointed out, 
State inspection programs must meet the same Federal equivalency 
standard. In fact, USDA supervision of State inspection programs is far 
more frequent and thorough than its oversight of foreign inspection 
programs.
  In my view, it is absurd that meat inspected in 34 foreign countries 
can be shipped anywhere in the United States without restriction, but 
small businesses in 28 States are prohibited from shipping their 
products across State lines, even though these small businesses meet 
the same Federal food safety requirements as their foreign competitors.
  A ban on interstate shipment of State-inspected meat unfairly hinders 
our Nation's economy. My legislation would remove the outdated, 
unnecessary, unjust ban that puts our small businesses at such a 
disadvantage. Removing this prohibition will increase competition and 
innovation. It will provide farmers and ranchers with increased 
opportunities to sell their products at a better price. It will not do 
anything more than level the playing field and ensure that our small 
businesses have the opportunity to economically compete in the market.
  I urge my colleagues to join me in defending America's small 
businesses by supporting this important legislation.
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