What This Bill Does
This bill helps small and very small meat and poultry processing businesses grow and operate more easily. It provides these businesses with free resources, grants for equipment and improvements, and training programs to strengthen local meat processing across the country.
##
Who It Affects
- Small and very small meat and poultry processing establishments
- Farmers and ranchers who need local slaughter options
- Junior and community colleges and technical schools
- Nonprofit organizations and worker training centers
- State meat and poultry inspection programs
- The Department of Agriculture
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Key Provisions
- The Secretary of Agriculture must create a free, searchable database of approved studies and publish model safety plans (called Hazard Analysis and Critical Control Points plans) for small and very small processing businesses within 18 months of the law taking effect (Sec. 2)
- The Secretary must publish guidance documents explaining what small and very small businesses need to do to get safety plan approval within 2 years (Sec. 2)
- The federal government will pay up to 65 percent of state inspection costs instead of the current 50 percent (Sec. 3)
- Small processing businesses can ship meat and poultry across state lines if they meet certain requirements, with employee thresholds increased from 25 to 50 employees (Sec. 4)
- The Secretary will award competitive grants up to $500,000 each to help small businesses purchase equipment, improve facilities, develop safety plans, and train workers, with a simplified application process for grants of $100,000 or less (Sec. 5)
- Junior and community colleges, technical schools, and nonprofits can receive grants to create meat and poultry processing training programs (Sec. 6)
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What Changes
Small processing businesses will gain access to free educational resources and safety plan templates they currently lack. They can borrow money (grants) to buy equipment and improve facilities without repaying it. The federal government will pay more of the cost to inspect state-run meat and poultry programs. More small businesses will be able to legally ship meat across state lines. Training programs for meat processing workers will become available in more communities.
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Important Definitions
- **Smaller establishment and very small establishment**: Defined by reference to the federal safety rule from July 25, 1996, titled "Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems" (these terms use technical definitions in the existing federal rule)
- **Hazard Analysis and Critical Control Points plan** (HACCP plan): A written safety plan showing how a business prevents dangerous contamination during meat or poultry processing
- **Socially and economically disadvantaged individuals**: Defined by reference to the State Small Business Credit Initiative Act of 2010
- **Custom operations**: Meat or poultry processing done for a specific customer on their animals (exempt from federal inspection)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 354
To amend the Poultry Products Inspection Act and the Federal Meat Inspec-
tion Act to support small and very small meat and poultry processing
establishments, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. THUNE (for himself, Mr. BROWN, Mr. MERKLEY, Mr. ROUNDS, Mr.
CRAMER, Ms. SMITH, and Mr. KING) introduced the following bill; which
was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
A BILL
To amend the Poultry Products Inspection Act and the Fed-
eral 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Strengthening Local
4
Processing Act of 2023’’.
5
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•S 354 IS
SEC. 2. HACCP GUIDANCE AND RESOURCES FOR SMALLER
1
AND VERY SMALL POULTRY AND MEAT ES-
2
TABLISHMENTS.
3
(a) POULTRY ESTABLISHMENTS.—The Poultry Prod-
4
ucts Inspection Act is amended by inserting after section
5
14 (21 U.S.C. 463) the following:
6
‘‘SEC. 14A. SMALLER AND VERY SMALL ESTABLISHMENT
7
GUIDANCE AND RESOURCES.
8
‘‘(a) DEFINITIONS
OF SMALLER ESTABLISHMENT
9
AND VERY SMALL ESTABLISHMENT.—In this section, the
10
terms ‘smaller establishment’ and ‘very small establish-
11
ment’ have the meanings given those terms in the final
12
rule entitled ‘Pathogen Reduction; Hazard Analysis and
13
Critical Control Point (HACCP) Systems’ (61 Fed. Reg.
14
38806 (July 25, 1996)).
15
‘‘(b) DATABASE OF STUDIES; MODEL PLANS.—Not
16
later than 18 months after the date of enactment of this
17
section, the Secretary shall—
18
‘‘(1) establish a free, searchable database of ap-
19
proved peer-reviewed validation studies accessible to
20
smaller establishments and very small establish-
21
ments subject to inspection under this Act for use
22
in developing a Hazard Analysis and Critical Control
23
Points plan; and
24
‘‘(2) publish online scale-appropriate model
25
Hazard Analysis and Critical Control Points plans
26
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•S 354 IS
for smaller establishments and very small establish-
1
ments, including model plans for—
2
‘‘(A) slaughter-only establishments;
3
‘‘(B) processing-only establishments; and
4
‘‘(C) slaughter and processing establish-
5
ments.
6
‘‘(c) GUIDANCE.—Not later than 2 years after the
7
date of enactment of this section, the Secretary shall pub-
8
lish a guidance document, after notice and an opportunity
9
for public comment, providing information on the require-
10
ments that need to be met for smaller establishments and
11
very small establishments to receive approval for a Hazard
12
Analysis and Critical Control Points plan pursuant to this
13
Act.
14
‘‘(d) DATA CONFIDENTIALITY.—In carrying out sub-
15
sections (b) and (c), the Secretary shall not publish con-
16
fidential business information, including a Hazard Anal-
17
ysis and Critical Control Points plan of an establish-
18
ment.’’.
19
(b) MEAT ESTABLISHMENTS.—The Federal Meat In-
20
spection Act is amended by inserting after section 25 (21
21
U.S.C. 625) the following:
22
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•S 354 IS
‘‘SEC. 26. SMALLER AND VERY SMALL ESTABLISHMENT
1
GUIDANCE AND RESOURCES.
2
‘‘(a) DEFINITIONS
OF SMALLER ESTABLISHMENT
3
AND VERY SMALL ESTABLISHMENT.—In this section, the
4
terms ‘smaller establishment’ and ‘very small establish-
5
ment’ have the meanings given those terms in the final
6
rule entitled ‘Pathogen Reduction; Hazard Analysis and
7
Critical Control Point (HACCP) Systems’ (61 Fed. Reg.
8
38806 (July 25, 1996)).
9
‘‘(b) DATABASE OF STUDIES; MODEL PLANS.—Not
10
later than 18 months after the date of enactment of this
11
section, the Secretary shall—
12
‘‘(1) establish a free, searchable database of ap-
13
proved peer-reviewed validation studies accessible to
14
smaller establishments and very small establish-
15
ments subject to inspection under this Act for use
16
in developing a Hazard Analysis and Critical Control
17
Points plan; and
18
‘‘(2) publish online scale-appropriate model
19
Hazard Analysis and Critical Control Points plans
20
for smaller establishments and very small establish-
21
ments, including model plans for—
22
‘‘(A) slaughter-only establishments;
23
‘‘(B) processing-only establishments; and
24
‘‘(C) slaughter and processing establish-
25
ments.
26
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•S 354 IS
‘‘(c) GUIDANCE.—Not later than 2 years after the
1
date of enactment of this section, the Secretary shall pub-
2
lish a guidance document, after notice and an opportunity
3
for public comment, providing information on the require-
4
ments that need to be met for smaller establishments and
5
very small establishments to receive approval for a Hazard
6
Analysis and Critical Control Points plan pursuant to this
7
Act.
8
‘‘(d) DATA CONFIDENTIALITY.—In carrying out sub-
9
sections (b) and (c), the Secretary shall not publish con-
10
fidential business information, including a Hazard Anal-
11
ysis and Critical Control Points plan of an establish-
12
ment.’’.
13
SEC. 3. INCREASING MAXIMUM FEDERAL SHARE FOR EX-
14
PENSES OF STATE INSPECTION.
15
(a) POULTRY PRODUCTS.—Section 5(a)(3) of the
16
Poultry Products Inspection Act (21 U.S.C. 454(a)(3)) is
17
amended in the second sentence by striking ‘‘50 per cen-
18
tum’’ and inserting ‘‘65 percent’’.
19
(b) MEAT AND MEAT FOOD PRODUCTS.—Section
20
301(a)(3) of the Federal Meat Inspection Act (21 U.S.C.
21
661(a)(3)) is amended in the second sentence by striking
22
‘‘50 per centum’’ and inserting ‘‘65 percent’’.
23
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•S 354 IS
SEC. 4. COOPERATIVE INTERSTATE SHIPMENT OF POUL-
1
TRY AND MEAT.
2
(a) POULTRY PRODUCTS.—Section 31 of the Poultry
3
Products Inspection Act (21 U.S.C. 472) is amended—
4
(1) in subsection (b)—
5
(A) in paragraph (2), by striking ‘‘25 em-
6
ployees’’ each place it appears and inserting
7
‘‘50 employees’’; and
8
(B) in paragraph (3)—
9
(i) in the paragraph heading, by strik-
10
ing ‘‘25’’ and inserting ‘‘50’’;
11
(ii) in subparagraph (A), by striking
12
‘‘25’’ and inserting ‘‘50’’; and
13
(iii) in subparagraph (B)—
14
(I) in clause (i), by striking
15
‘‘more than 25 employees but less
16
than 35 employees’’ and inserting
17
‘‘more than 50 employees but less
18
than 70 employees’’; and
19
(II) in clause (ii), by striking
20
‘‘subsection (i)’’ and inserting ‘‘sub-
21
section (j)’’;
22
(2) in subsection (c), by striking ‘‘60 percent’’
23
and inserting ‘‘80 percent’’;
24
(3) in subsection (e)(1), by striking ‘‘subsection
25
(i)’’ and inserting ‘‘subsection (j)’’;
26
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•S 354 IS
(4) by redesignating subsections (f) through (i)
1
as subsections (g) through (j), respectively; and
2
(5) by inserting after subsection (e) the fol-
3
lowing:
4
‘‘(f) FEDERAL OUTREACH.—
5
‘‘(1) IN
GENERAL.—In each of fiscal years
6
2023 through 2028, for the purpose of State partici-
7
pation in the Cooperative Interstate Shipment pro-
8
gram, the Secretary shall conduct outreach to, and,
9
as appropriate, subsequent negotiation with, not
10
fewer than 25 percent of the States that—
11
‘‘(A) have a State poultry product inspec-
12
tion program pursuant to section 5; but
13
‘‘(B) do not have a selected establishment.
14
‘‘(2) REPORT.—At the conclusion of each of fis-
15
cal years 2023 through 2028, the Secretary shall
16
submit a report detailing the activities and results of
17
the outreach conducted during that fiscal year under
18
paragraph (1) to—
19
‘‘(A) the Committee on Agriculture of the
20
House of Representatives;
21
‘‘(B) the Committee on Agriculture, Nutri-
22
tion, and Forestry of the Senate;
23
‘‘(C) the Subcommittee on Agriculture,
24
Rural Development, Food and Drug Adminis-
25
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•S 354 IS
tration, and Related Agencies of the Committee
1
on Appropriations of the House of Representa-
2
tives; and
3
‘‘(D) the Subcommittee on Agriculture,
4
Rural Development, Food and Drug Adminis-
5
tration, and Related Agencies of the Committee
6
on Appropriations of the Senate.’’.
7
(b) MEAT AND MEAT FOOD PRODUCTS.—Section
8
501 of the Federal Meat Inspection Act (21 U.S.C. 683)
9
is amended—
10
(1) in subsection (b)—
11
(A) in paragraph (2), by striking ‘‘25 em-
12
ployees’’ each place it appears and inserting
13
‘‘50 employees’’; and
14
(B) in paragraph (3)—
15
(i) in the paragraph heading, by strik-
16
ing ‘‘25’’ and inserting ‘‘50’’;
17
(ii) in subparagraph (A), by striking
18
‘‘25’’ and inserting ‘‘50’’; and
19
(iii) in subparagraph (B)(i), by strik-
20
ing ‘‘more than 25 employees but less than
21
35 employees’’ and inserting ‘‘more than
22
50 employees but less than 70 employees’’;
23
(2) in subsection (c), by striking ‘‘60 percent’’
24
and inserting ‘‘80 percent’’; and
25
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•S 354 IS
(3) in subsection (f), by adding at the end the
1
following:
2
‘‘(3) FEDERAL OUTREACH.—
3
‘‘(A) IN GENERAL.—In each of fiscal years
4
2023 through 2028, for the purpose of State
5
participation in the Cooperative Interstate Ship-
6
ment program, the Secretary shall conduct out-
7
reach to, and, as appropriate, subsequent nego-
8
tiation with, not fewer than 25 percent of the
9
States that—
10
‘‘(i) have a State meat inspection pro-
11
gram pursuant to section 301; but
12
‘‘(ii) do not have a selected establish-
13
ment.
14
‘‘(B) REPORT.—At the conclusion of each
15
of fiscal years 2023 through 2028, the Sec-
16
retary shall submit a report detailing the activi-
17
ties and results of the outreach conducted dur-
18
ing that fiscal year under paragraph (1) to—
19
‘‘(i) the Committee on Agriculture of
20
the House of Representatives;
21
‘‘(ii) the Committee on Agriculture,
22
Nutrition, and Forestry of the Senate;
23
‘‘(iii) the Subcommittee on Agri-
24
culture, Rural Development, Food and
25
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•S 354 IS
Drug Administration, and Related Agen-
1
cies of the Committee on Appropriations of
2
the House of Representatives; and
3
‘‘(iv) the Subcommittee on Agri-
4
culture, Rural Development, Food and
5
Drug Administration, and Related Agen-
6
cies of the Committee on Appropriations of
7
the Senate.’’.
8
SEC. 5. PROCESSING RESILIENCE GRANT PROGRAM.
9
Subtitle A of the Agricultural Marketing Act of 1946
10
(7 U.S.C. 1621 et seq.) is amended by adding at the end
11
the following:
12
‘‘SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM.
13
‘‘(a) DEFINITIONS.—In this section:
14
‘‘(1) BUSINESS ENTERPRISE OWNED AND CON-
15
TROLLED
BY
SOCIALLY
AND
ECONOMICALLY
DIS-
16
ADVANTAGED INDIVIDUALS.—The term ‘business en-
17
terprise owned and controlled by socially and eco-
18
nomically disadvantaged individuals’ has the mean-
19
ing given the term in section 3002 of the State
20
Small Business Credit Initiative Act of 2010 (12
21
U.S.C. 5701).
22
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
23
tity’ means—
24
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•S 354 IS
‘‘(A) a smaller establishment or very small
1
establishment (as those terms are defined in the
2
final rule entitled ‘Pathogen Reduction; Hazard
3
Analysis and Critical Control Point (HACCP)
4
Systems’ (61 Fed. Reg. 33806 (July 25,
5
1996)));
6
‘‘(B) a slaughtering or processing estab-
7
lishment subject to—
8
‘‘(i) a State meat inspection program
9
pursuant to section 301 of the Federal
10
Meat Inspection Act (21 U.S.C. 661); or
11
‘‘(ii) a State poultry product inspec-
12
tion program pursuant to section 5 of the
13
Poultry Products Inspection Act (21
14
U.S.C. 454);
15
‘‘(C) a person engaging in custom oper-
16
ations that is exempt from inspection under—
17
‘‘(i) section 23 of the Federal Meat
18
Inspection Act (21 U.S.C. 623); or
19
‘‘(ii) section 15 of the Poultry Prod-
20
ucts Inspection Act (21 U.S.C. 464); and
21
‘‘(D) a person seeking—
22
‘‘(i) to establish and operate an estab-
23
lishment described in subparagraph (A) or
24
(B); or
25
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•S 354 IS
‘‘(ii) to engage in custom operations
1
described in subparagraph (C).
2
‘‘(3) SECRETARY.—The term ‘Secretary’ means
3
the Secretary of Agriculture, acting through the Ad-
4
ministrator of the Agricultural Marketing Service.
5
‘‘(b) GRANTS.—
6
‘‘(1) IN
GENERAL.—Not later than 60 days
7
after the date of enactment of this section, the Sec-
8
retary shall award competitive grants to eligible enti-
9
ties for activities to increase resiliency and diver-
10
sification of the meat processing system, including
11
activities that—
12
‘‘(A) support the health and safety of meat
13
and poultry plant employees, suppliers, and cus-
14
tomers;
15
‘‘(B) support increased processing capac-
16
ity; and
17
‘‘(C) otherwise support the resilience of the
18
small meat and poultry processing sector.
19
‘‘(2)
MAXIMUM
AMOUNT.—The
maximum
20
amount of a grant awarded under this section shall
21
not exceed $500,000.
22
‘‘(3) DURATION.—The term of a grant awarded
23
under this section shall not exceed 3 years.
24
‘‘(c) APPLICATIONS.—
25
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•S 354 IS
‘‘(1) IN GENERAL.—An eligible entity desiring a
1
grant under this section shall submit to the Sec-
2
retary an application at such time, in such manner,
3
and containing such information as the Secretary
4
may require.
5
‘‘(2) APPLICA
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