New Markets for State-Inspected Meat and Poultry Act of 2021

II 117TH CONGRESS 1ST SESSION S. 107 To amend the Federal Meat Inspection Act and the Poultry Products Inspec- tion Act to allow the interstate sale of State-inspected meat and poultry, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. ROUNDS (for himself, Mr. KING, Mr. GRASSLEY, Mr. CRAMER, Mr. DAINES, Mr. BARRASSO, Mr. MANCHIN, Ms. LUMMIS, Ms. SMITH, Mr. TESTER, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and For- estry 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 pur- poses. 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 ‘‘New Markets for 4 State-Inspected Meat and Poultry Act of 2021’’. 5 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 107 IS SEC. 2. STATE-INSPECTED MEAT. 1 Section 301 of the Federal Meat Inspection Act (21 2 U.S.C. 661) is amended— 3 (1) by striking the section designation and in- 4 serting the following: 5 ‘‘SEC. 301. SALE OF INSPECTED MEAT AND MEAT FOOD 6 PRODUCTS.’’; 7 (2) in subsection (a)— 8 (A) by striking ‘‘In furtherance of this pol- 9 icy’’ in the matter preceding paragraph (1) and 10 all that follows through ‘‘(1) The Secretary’’ in 11 paragraph (1) and inserting the following: 12 ‘‘(B) STATE PROGRAMS.— 13 ‘‘(i) IN GENERAL.—The Secretary’’; 14 (B) by striking ‘‘(a) It is’’ and inserting 15 the following: 16 ‘‘(a) STATE MEAT INSPECTION PROGRAM.— 17 ‘‘(1) IN GENERAL.— 18 ‘‘(A) POLICY.—It is’’; and 19 (C) in paragraph (1)(B) (as so des- 20 ignated)— 21 (i) in clause (i) (as so designated), by 22 striking ‘‘solely for distribution within such 23 State’’ and inserting ‘‘for distribution’’; 24 and 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 107 IS (ii) by adding at the end the fol- 1 lowing: 2 ‘‘(ii) INTERSTATE COMMERCE.— 3 ‘‘(I) IN GENERAL.—Notwith- 4 standing any other provision of this 5 Act, the Secretary may allow the ship- 6 ment in interstate commerce of car- 7 casses, parts of carcasses, meat, and 8 meat food products inspected under 9 the State meat inspection program de- 10 scribed in clause (i). 11 ‘‘(II) ACCEPTANCE OF INTER- 12 STATE SHIPMENTS OF MEAT AND 13 MEAT FOOD PRODUCTS.—Notwith- 14 standing any provision of State law, a 15 State or local government shall not 16 prohibit or restrict the movement or 17 sale of meat or meat food products 18 that have been inspected and passed 19 in accordance with this Act for inter- 20 state commerce.’’; 21 (3) in subsection (b), by striking ‘‘(b) The ap- 22 propriate’’ and inserting the following: 23 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro- 24 priate’’; 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 107 IS (4) in subsection (c)— 1 (A) by striking ‘‘(c)(1) If the Secretary’’ 2 and inserting the following: 3 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE- 4 MENTS.— 5 ‘‘(1) DESIGNATION OF STATES.— 6 ‘‘(A) IN GENERAL.—If the Secretary’’; 7 (B) in paragraph (1) (as so designated)— 8 (i) in subparagraph (A) (as so des- 9 ignated)— 10 (I) in the first sentence, by strik- 11 ing ‘‘solely for distribution within 12 such State’’ and inserting ‘‘for dis- 13 tribution’’; and 14 (II) in the second sentence, by 15 striking ‘‘If the Secretary’’ and insert- 16 ing the following: 17 ‘‘(B) DESIGNATION OF STATES.— 18 ‘‘(i) IN GENERAL.—Except as pro- 19 vided under clause (ii), if the Secretary’’; 20 (ii) in subparagraph (B) (as so des- 21 ignated)— 22 (I) in clause (i) (as so des- 23 ignated)— 24 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 107 IS (aa) in the first sentence, by 1 striking ‘‘wholly’’; and 2 (bb) by striking ‘‘State; Pro- 3 vided, That if’’ and inserting the 4 following: ‘‘State. 5 ‘‘(ii) EXCEPTION.—If’’; and 6 (II) in clause (ii) (as so des- 7 ignated)— 8 (aa) in the first sentence— 9 (AA) by striking ‘‘such 10 designation’’ and inserting 11 ‘‘a designation made under 12 clause (i)’’; and 13 (BB) by striking ‘‘he’’ 14 each place it appears and in- 15 serting ‘‘the Secretary’’; and 16 (bb) in the second sentence, 17 by striking ‘‘The Secretary shall’’ 18 and inserting the following: 19 ‘‘(C) PUBLICATION OF DESIGNATION.— 20 The Secretary shall’’; 21 (iii) in subparagraph (C) (as so des- 22 ignated)— 23 (I) in the first sentence— 24 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 107 IS (aa) by striking ‘‘if such’’; 1 and 2 (bb) by striking ‘‘were’’ 3 after ‘‘transactions’’; and 4 (II) in the second sentence, by 5 striking ‘‘Thereafter, upon request’’ 6 and inserting the following: 7 ‘‘(D) REVOCATION OF DESIGNATION.—On 8 request’’; 9 (iv) in subparagraph (D) (as so des- 10 ignated)— 11 (I) in the first sentence, by strik- 12 ing ‘‘such designation’’ and inserting 13 ‘‘a designation made under subpara- 14 graph (B)(i)’’; and 15 (II) by striking ‘‘title IV of this 16 Act: And provided further, That, not- 17 withstanding’’; and inserting the fol- 18 lowing: ‘‘title IV. 19 ‘‘(E) ADULTERATED MEAT OR MEAT FOOD 20 PRODUCT.— 21 ‘‘(i) IN GENERAL.—Notwithstanding’’; 22 and 23 (v) in subparagraph (E) (as so des- 24 ignated)— 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 107 IS (I) in clause (i) (as so des- 1 ignated)— 2 (aa) in the first sentence— 3 (AA) by striking ‘‘with- 4 in such State’’; and 5 (BB) by striking ‘‘sec- 6 tion 301 of the Act’’ and in- 7 serting ‘‘this section’’; and 8 (bb) in the second sentence, 9 by striking ‘‘If the State’’ and in- 10 serting the following: 11 ‘‘(ii) ENFORCEMENT.—If the State’’; 12 and 13 (II) in clause (ii) (as so des- 14 ignated), by striking ‘‘as though en- 15 gaged in commerce’’; 16 (C) in paragraph (2), by striking ‘‘(2) The 17 provisions’’ and inserting the following: 18 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi- 19 sions’’; 20 (D) in paragraph (3)— 21 (i) by striking ‘‘(3) Whenever’’ and in- 22 serting the following: 23 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 24 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 107 IS (ii) by striking ‘‘he’’ and inserting 1 ‘‘the Secretary’’; and 2 (E) in paragraph (4), by striking ‘‘(4) The 3 Secretary’’ and inserting the following: 4 ‘‘(4) REPORT.—The Secretary’’; and 5 (5) in subsection (d), by striking ‘‘(d) As used 6 in’’ and inserting the following: 7 ‘‘(d) DEFINITION OF STATE.—In’’. 8 SEC. 3. STATE-INSPECTED POULTRY PRODUCTS. 9 Section 5 of the Poultry Products Inspection Act (21 10 U.S.C. 454) is amended— 11 (1) by striking the section heading and designa- 12 tion and inserting the following: 13 ‘‘SEC. 5. SALE OF INSPECTED POULTRY PRODUCTS.’’; 14 (2) in subsection (a)— 15 (A) by striking ‘‘In furtherance of this pol- 16 icy’’ in the matter preceding paragraph (1) and 17 all that follows through ‘‘(1) The Secretary’’ in 18 paragraph (1) and inserting the following: 19 ‘‘(B) STATE PROGRAMS.— 20 ‘‘(i) IN GENERAL.—The Secretary’’; 21 (B) by striking ‘‘(a) It is’’ and inserting 22 the following: 23 ‘‘(a) STATE POULTRY PRODUCT INSPECTION PRO- 24 GRAM.— 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 107 IS ‘‘(1) IN GENERAL.— 1 ‘‘(A) POLICY.—It is’’; and 2 (C) in paragraph (1)(B) (as so des- 3 ignated)— 4 (i) in clause (i) (as so designated), by 5 striking ‘‘solely for distribution within such 6 State’’ and inserting ‘‘for distribution’’; 7 and 8 (ii) by adding at the end the fol- 9 lowing: 10 ‘‘(ii) INTERSTATE COMMERCE.— 11 ‘‘(I) IN GENERAL.—Notwith- 12 standing any other provision of this 13 Act, the Secretary may allow the ship- 14 ment in interstate commerce of poul- 15 try products inspected under the State 16 poultry product inspection program 17 described in clause (i). 18 ‘‘(II) ACCEPTANCE OF INTER- 19 STATE SHIPMENTS OF POULTRY 20 PRODUCTS.—Notwithstanding any 21 provision of State law, a State or local 22 government shall not prohibit or re- 23 strict the movement or sale of poultry 24 products that have been inspected and 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 107 IS passed in accordance with this Act for 1 interstate commerce.’’; 2 (3) in subsection (b), by striking ‘‘(b) The ap- 3 propriate’’ and inserting the following: 4 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro- 5 priate’’; 6 (4) in subsection (c)— 7 (A) by striking ‘‘(c)(1) If the Secretary’’ 8 and inserting the following: 9 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE- 10 MENTS.— 11 ‘‘(1) DESIGNATION OF STATES.— 12 ‘‘(A) IN GENERAL.—If the Secretary’’; 13 (B) in paragraph (1) (as so designated)— 14 (i) in subparagraph (A) (as so des- 15 ignated)— 16 (I) in the first sentence, by strik- 17 ing ‘‘solely for distribution within 18 such State’’ and inserting ‘‘for dis- 19 tribution’’; and 20 (II) in the second sentence, by 21 striking ‘‘If the Secretary’’ and insert- 22 ing the following: 23 ‘‘(B) DESIGNATION OF STATES.— 24 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 107 IS ‘‘(i) IN GENERAL.—Except as pro- 1 vided under clause (ii), if the Secretary’’; 2 (ii) in subparagraph (B) (as so des- 3 ignated)— 4 (I) in clause (i) (as so des- 5 ignated)— 6 (aa) in the first sentence, by 7 striking ‘‘wholly’’; and 8 (bb) by striking ‘‘State: Pro- 9 vided, That if’’ and inserting the 10 following: ‘‘State. 11 ‘‘(ii) EXCEPTION.—If’’; and 12 (II) in clause (ii) (as so des- 13 ignated)— 14 (aa) in the first sentence— 15 (AA) by striking ‘‘such 16 designation’’ and inserting 17 ‘‘a designation made under 18 clause (i)’’; and 19 (BB) by striking ‘‘he’’ 20 each place it appears and in- 21 serting ‘‘the Secretary’’; and 22 (bb) in the second sentence, 23 by striking ‘‘The Secretary shall’’ 24 and inserting the following: 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 107 IS ‘‘(C) PUBLICATION OF DESIGNATION.— 1 The Secretary shall’’; 2 (iii) in subparagraph (C) (as so des- 3 ignated)— 4 (I) in the first sentence— 5 (aa) by striking ‘‘if such’’; 6 and 7 (bb) by striking ‘‘were’’ 8 after ‘‘transactions’’; and 9 (II) in the second sentence, by 10 striking ‘‘However, notwithstanding’’ 11 and inserting the following: 12 ‘‘(D) ADULTERATED POULTRY PROD- 13 UCT.— 14 ‘‘(i) IN GENERAL.—Notwithstanding’’; 15 and 16 (iv) in subparagraph (D) (as so des- 17 ignated)— 18 (I) in clause (i) (as so des- 19 ignated)— 20 (aa) in the first sentence— 21 (AA) by striking ‘‘with- 22 in such State’’; and 23 (BB) by striking ‘‘sub- 24 paragraph (a)(4) of this sec- 25 VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 107 IS tion’’ and inserting ‘‘sub- 1 section (a)(4)’’; and 2 (bb) in the second sentence, 3 by striking ‘‘If the State’’ and in- 4 serting the following: 5 ‘‘(ii) ENFORCEMENT.—If the State’’; 6 and 7 (II) in clause (ii) (as so des- 8 ignated), by striking ‘‘as though en- 9 gaged in commerce’’; 10 (C) in paragraph (2), by striking ‘‘(2) The 11 provisions’’ and inserting the following: 12 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi- 13 sions’’; 14 (D) in paragraph (3), by striking ‘‘(3) 15 Whenever’’ and inserting the following: 16 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 17 (E) in paragraph (4), by striking ‘‘(4) The 18 Secretary’’ and inserting the following: 19 ‘‘(4) REPORT.—The Secretary’’; and 20 (5) in subsection (d), by striking ‘‘(d) As used 21 in’’ and inserting the following: 22 ‘‘(d) DEFINITION OF STATE.—In’’. 23 Æ VerDate Sep 11 2014 22:42 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S107.IS S107 pamtmann on DSKBC07HB2PROD with BILLS