[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1258 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1258
To amend the Poultry Products Inspection Act and the Federal Meat
Inspection Act to support small and very small meat and poultry
processing establishments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2021
Ms. Pingree (for herself, Mr. Fortenberry, and Ms. Kuster) introduced
the following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Poultry Products Inspection Act and the Federal Meat
Inspection Act to support small and very small meat and poultry
processing establishments, 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 ``Strengthening Local Processing Act
of 2021''.
SEC. 2. HACCP GUIDANCE AND RESOURCES FOR SMALLER AND VERY SMALL POULTRY
AND MEAT ESTABLISHMENTS.
(a) Poultry Establishments.--The Poultry Products Inspection Act is
amended by inserting after section 14 (21 U.S.C. 463) the following:
``SEC. 14A. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND
RESOURCES.
``(a) Definitions of Smaller Establishment and Very Small
Establishment.--In this section, the terms `smaller establishment' and
`very small establishment' have the meanings given those terms in the
final rule entitled `Pathogen Reduction; Hazard Analysis and Critical
Control Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)).
``(b) Database of Studies; Model Plans.--Not later than 18 months
after the date of enactment of this section, the Secretary shall--
``(1) establish a free, searchable database of approved
peer-reviewed validation studies accessible to smaller
establishments and very small establishments subject to
inspection under this Act for use in developing a Hazard
Analysis and Critical Control Points plan; and
``(2) publish online scale-appropriate model Hazard
Analysis and Critical Control Points plans for smaller
establishments and very small establishments, including model
plans for--
``(A) slaughter-only establishments;
``(B) processing-only establishments; and
``(C) slaughter and processing establishments.
``(c) Guidance.--Not later than 2 years after the date of enactment
of this section, the Secretary shall publish a guidance document, after
notice and an opportunity for public comment, providing information on
the requirements that need to be met for smaller establishments and
very small establishments to receive approval for a Hazard Analysis and
Critical Control Points Plan pursuant to this Act.''.
(b) Meat Establishments.--The Federal Meat Inspection Act is
amended by inserting after section 25 (21 U.S.C. 625) the following:
``SEC. 26. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND RESOURCES.
``(a) Definitions of Smaller Establishment and Very Small
Establishment.--In this section, the terms `smaller establishment' and
`very small establishment' have the meanings given those terms in the
final rule entitled `Pathogen Reduction; Hazard Analysis and Critical
Control Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)).
``(b) Database of Studies; Model Plans.--Not later than 18 months
after the date of enactment of this section, the Secretary shall--
``(1) establish a free, searchable database of approved
peer-reviewed validation studies accessible to smaller
establishments and very small establishments subject to
inspection under this Act for use in developing a Hazard
Analysis and Critical Control Points plan; and
``(2) publish online scale-appropriate model Hazard
Analysis and Critical Control Points plans for smaller
establishments and very small establishments, including model
plans for--
``(A) slaughter-only establishments;
``(B) processing-only establishments; and
``(C) slaughter and processing establishments.
``(c) Guidance.--Not later than 2 years after the date of enactment
of this section, the Secretary shall publish a guidance document, after
notice and an opportunity for public comment, providing information on
the requirements that need to be met for smaller establishments and
very small establishments to receive approval for a Hazard Analysis and
Critical Control Points Plan pursuant to this Act.''.
SEC. 3. INCREASING MAXIMUM FEDERAL SHARE FOR EXPENSES OF STATE
INSPECTION.
(a) Poultry Products.--Section 5(a)(3) of the Poultry Products
Inspection Act (21 U.S.C. 454(a)(3)) is amended in the second sentence
by striking ``50 per centum'' and inserting ``65 percent''.
(b) Meat and Meat Food Products.--Section 301(a)(3) of the Federal
Meat Inspection Act (21 U.S.C. 661(a)(3)) is amended in the second
sentence by striking ``50 per centum'' and inserting ``65 percent''.
SEC. 4. COOPERATIVE INTERSTATE SHIPMENT OF POULTRY AND MEAT.
(a) Poultry Products.--Section 31 of the Poultry Products
Inspection Act (21 U.S.C. 472) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``25 employees''
each place it appears and inserting ``50 employees'';
and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``25'' and inserting ``50'';
(ii) in subparagraph (A), by striking
``25'' and inserting ``50''; and
(iii) in subparagraph (B)--
(I) in clause (i), by striking
``more than 25 employees but less than
35 employees'' and inserting ``more
than 50 employees but less than 70
employees''; and
(II) in clause (ii), by striking
``subsection (i)'' and inserting
``subsection (j)'';
(2) in subsection (c), by striking ``60 percent'' and
inserting ``80 percent'';
(3) in subsection (e)(1), by striking ``subsection (i)''
and inserting ``subsection (j)'';
(4) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(5) by inserting after subsection (e) the following:
``(f) Federal Outreach.--
``(1) In general.--In each of fiscal years 2021 through
2024, for the purpose of State participation in the Cooperative
Interstate Shipment program, the Secretary shall conduct
outreach to, and, as appropriate, subsequent negotiation with,
not fewer than 25 percent of the States that--
``(A) have a State poultry product inspection
program pursuant to section 5; but
``(B) do not have a selected establishment.
``(2) Report.--At the conclusion of each of fiscal years
2021 through 2024, the Secretary shall submit a report
detailing the activities and results of the outreach conducted
during that fiscal year under paragraph (1) to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(C) the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the Committee on Appropriations of the
House of Representatives; and
``(D) the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the Committee on Appropriations of the
Senate.''.
(b) Meat and Meat Food Products.--Section 501 of the Federal Meat
Inspection Act (21 U.S.C. 683) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``25 employees''
each place it appears and inserting ``50 employees'';
and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``25'' and inserting ``50'';
(ii) in subparagraph (A), by striking
``25'' and inserting ``50''; and
(iii) in subparagraph (B)(i), by striking
``more than 25 employees but less than 35
employees'' and inserting ``more than 50
employees but less than 70 employees'';
(2) in subsection (c), by striking ``60 percent'' and
inserting ``80 percent''; and
(3) in subsection (f), by adding at the end the following:
``(3) Federal outreach.--
``(A) In general.--In each of fiscal years 2021
through 2024, for the purpose of State participation in
the Cooperative Interstate Shipment program, the
Secretary shall conduct outreach to, and, as
appropriate, subsequent negotiation with, not fewer
than 25 percent of the States that--
``(i) have a State meat inspection program
pursuant to section 301; but
``(ii) do not have a selected
establishment.
``(B) Report.--At the conclusion of each of fiscal
years 2021 through 2024, the Secretary shall submit a
report detailing the activities and results of the
outreach conducted during that fiscal year under
paragraph (1) to--
``(i) the Committee on Agriculture of the
House of Representatives;
``(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
``(iii) the Subcommittee on Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies of the
Committee on Appropriations of the House of
Representatives; and
``(iv) the Subcommittee on Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies of the
Committee on Appropriations of the Senate.''.
SEC. 5. PROCESSING RESILIENCE GRANT PROGRAM.
Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:
``SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a smaller establishment or very small
establishment (as those terms are defined in the final
rule entitled `Pathogen Reduction; Hazard Analysis and
Critical Control Point (HACCP) Systems' (61 Fed. Reg.
33806 (July 25, 1996)));
``(B) a slaughtering or processing establishment
subject to--
``(i) a State meat inspection program
pursuant to section 301 of the Federal Meat
Inspection Act (21 U.S.C. 661); or
``(ii) a State poultry product inspection
program pursuant to section 5 of the Poultry
Products Inspection Act (21 U.S.C. 454);
``(C) a person engaging in custom operations that
is exempt from inspection under--
``(i) section 23 of the Federal Meat
Inspection Act (21 U.S.C. 623); or
``(ii) section 15 of the Poultry Products
Inspection Act (21 U.S.C. 464); and
``(D) a person seeking--
``(i) to establish and operate an
establishment described in subparagraph (A) or
(B); or
``(ii) to engage in custom operations
described in subparagraph (C).
``(2) Minority-owned business.--The term `minority-owned
business' means a for-profit business not less than 51 percent
of which is owned by 1 or more Black American, Native American,
Hispanic American, or Asian American individuals.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Administrator of the
Agricultural Marketing Service.
``(b) Grants.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary shall award
competitive grants to eligible entities for activities to adapt
production, processing, distribution, and sales systems to
respond to and recover from the effects of the Coronavirus
Disease 2019 (referred to in this section as `COVID-19')
pandemic, including activities that--
``(A) support the health and safety of meat and
poultry plant employees, suppliers, and customers;
``(B) support increased processing capacity; and
``(C) otherwise support the resilience of the small
meat and poultry processing sector.
``(2) Maximum amount.--The maximum amount of a grant
awarded under this section shall not exceed $500,000.
``(3) Duration.--The term of a grant awarded under this
section shall not exceed 3 years.
``(c) Applications.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Applications for small grants.--The Secretary shall
establish a separate, simplified application process for
eligible entities applying for a grant under this section of
not more than $100,000.
``(3) Requirements.--The Secretary shall ensure that any
application for a grant under this section is--
``(A) simple and practicable;
``(B) accessible online; and
``(C) available through local staff of the
Department of Agriculture.
``(4) Notice.--Not later than 14 days before the date on
which the Secretary begins to accept applications under
paragraph (1), the Secretary shall publish a notice of funding
opportunity with respect to the grants available under this
section.
``(5) Reapplication.--If an application of an eligible
entity under this subsection is denied by the Secretary, the
eligible entity may submit a revised application.
``(6) Priority.--In reviewing applications submitted under
this subsection, the Secretary shall give priority to proposals
that will--
``(A) increase farmer and rancher access to animal
slaughter options within a 200-mile radius of the
location of the farmer or rancher;
``(B) support an eligible entity described in
subsection (a)(1)(A); or
``(C) support an eligible entity that is a
minority-owned business.
``(d) Use of Grant.--An eligible entity that receives a grant under
this section shall use the grant funds to carry out activities in
support of the purposes described in subsection (b)(1), including
through--
``(1) the development and issuance of a Hazard Analysis and
Critical Control Points plan for the eligible entity, which may
be developed by a consultant;
``(2) the purchase or establishment, as applicable, of
facilities, equipment, processes, and operations necessary for
the eligible entity to comply with applicable requirements
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.);
``(3) the purchase of cold storage, equipment, or
transportation services or equipment needed to respond to
COVID-19 demand;
``(4) the purchase of test kits for COVID-19, temperature
screening supplies, disinfectant, sanitation systems, hand
washing stations, and other sanitizing supplies;
``(5) the purchase and decontamination of personal
protective equipment;
``(6) the construction or purchase of humane handling
infrastructure, including holding space for livestock prior to
slaughter, shade structures, and knock box structures;
``(7)(A) the purchase of software and computer equipment
for record keeping, production data, Hazard Analysis and
Critical Control Points record review, and facilitation of
marketing and sales of products in a manner consistent with the
social distancing guidelines of the Centers for Disease Control
and Prevention; and
``(B) the provision of guidelines and training relating to
that software and computer equipment;
``(8) the provision of staff time and training for
implementing and monitoring health and safety procedures;
``(9) the development of a feasibility study or business
plan for, or the carrying out of any other activity associated
with, establishing or expanding a small meat or poultry
processing facility; and
``(10) other activities associated with expanding or
establishing an eligible entity described in subsection
(a)(1)(A), as determined by the Secretary.
``(e) Outreach.--During the period beginning on the date on which
the Secretary publishes the notice under subsection (c)(4) and ending
on the date on which the Secretary begins to accept applications under
subsection (c)(1), the Secretary shall perform outreach to States and
eligible entities relating to grants under this section.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the activities carried out using a grant awarded under
this section shall not exceed--
``(A) 90 percent in the case of a grant in the
amount of $100,000 or less; or
``(B) 75 percent in the case of a grant in an
amount greater than $100,000.
``(2) Fiscal years 2021 and 2022.--An eligible entity
awarded a grant under this section during fiscal year 2021 or
2022 shall not be required to provide non-Federal matching
funds with respect to the grant.
``(g) Administration.--The promulgation of regulations under, and
administration of, this section shall be made without regard to--
``(1) the notice and comment provisions of section 553 of
title 5, United States Code; and
``(2) chapter 35 of title 44, United States Code (commonly
known as the `Paperwork Reduction Act').
``(h) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out this section $10,000,000 for each of fiscal years
2021 through 2030.
``(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated to the Secretary of Agriculture to carry out
this section $15,000,000 for each of fiscal years 2021 through
2030.''.
SEC. 6. LOCAL MEAT AND POULTRY PROCESSING TRAINING PROGRAMS.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C.
7624) the following:
``SEC. 403. LOCAL MEAT AND POULTRY PROCESSING TRAINING PROGRAMS.
``(a) Higher Education Career Training Programs.--
``(1) In general.--The Secretary shall provide competitive
grants to junior or community colleges, technical or vocational
schools, and land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) to
establish or expand career training programs relating to meat
and poultry processing.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $10,000,000 for fiscal year 2021 and each fiscal
year thereafter, to remain available until expended.
``(b) Processor Career Training Programs.--
``(1) In general.--The Secretary shall provide grants to
smaller establishments and very small establishments (as those
terms are defined in the final rule entitled `Pathogen
Reduction; Hazard Analysis and Critical Control Point (HACCP)
Systems' (61 Fed. Reg. 38806 (July 25, 1996))) and
nongovernmental organizations to offset the cost of training
new meat and poultry processors.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $10,000,000 for fiscal year 2021 and each fiscal
year thereafter, to remain available until expended.''.
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