[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 846 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 846
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.
_______________________________________________________________________
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.
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 2023''.
SEC. 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:
``SEC. 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''.
SEC. 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:
``SEC. 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''.
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