New Markets for State-Inspected Meat and Poultry Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1720 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 JUNE 5, 2019 Mr. ROUNDS (for himself, Mr. KING, Mr. THUNE, Mr. ENZI, Mr. MANCHIN, and Mr. BARRASSO) 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 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 2019’’. 5 SEC. 2. STATE-INSPECTED MEAT. 6 Section 301 of the Federal Meat Inspection Act (21 7 U.S.C. 661) is amended— 8 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1720 IS (1) by striking the section designation and in- 1 serting the following: 2 ‘‘SEC. 301. SALE OF INSPECTED MEAT AND MEAT FOOD 3 PRODUCTS.’’; 4 (2) in subsection (a)— 5 (A) by striking ‘‘In furtherance of this pol- 6 icy’’ in the matter preceding paragraph (1) and 7 all that follows through ‘‘(1) The Secretary’’ in 8 paragraph (1) and inserting the following: 9 ‘‘(B) STATE PROGRAMS.— 10 ‘‘(i) IN GENERAL.—The Secretary’’; 11 (B) by striking ‘‘(a) It is’’ and inserting 12 the following: 13 ‘‘(a) STATE MEAT INSPECTION PROGRAM.— 14 ‘‘(1) IN GENERAL.— 15 ‘‘(A) POLICY.—It is’’; and 16 (C) in paragraph (1)(B) (as so des- 17 ignated)— 18 (i) in clause (i) (as so designated), by 19 striking ‘‘solely for distribution within such 20 State’’ and inserting ‘‘for distribution’’; 21 and 22 (ii) by adding at the end the fol- 23 lowing: 24 ‘‘(ii) INTERSTATE COMMERCE.— 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1720 IS ‘‘(I) IN GENERAL.—Notwith- 1 standing any other provision of this 2 Act, the Secretary may allow the ship- 3 ment in interstate commerce of car- 4 casses, parts of carcasses, meat, and 5 meat food products inspected under 6 the State meat inspection program de- 7 scribed in clause (i). 8 ‘‘(II) ACCEPTANCE OF INTER- 9 STATE SHIPMENTS OF MEAT AND 10 MEAT FOOD PRODUCTS.—Notwith- 11 standing any provision of State law, a 12 State or local government shall not 13 prohibit or restrict the movement or 14 sale of meat or meat food products 15 that have been inspected and passed 16 in accordance with this Act for inter- 17 state commerce.’’; 18 (3) in subsection (b), by striking ‘‘(b) The ap- 19 propriate’’ and inserting the following: 20 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro- 21 priate’’; 22 (4) in subsection (c)— 23 (A) by striking ‘‘(c)(1) If the Secretary’’ 24 and inserting the following: 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1720 IS ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE- 1 MENTS.— 2 ‘‘(1) DESIGNATION OF STATES.— 3 ‘‘(A) IN GENERAL.—If the Secretary’’; 4 (B) in paragraph (1) (as so designated)— 5 (i) in subparagraph (A) (as so des- 6 ignated)— 7 (I) in the first sentence, by strik- 8 ing ‘‘solely for distribution within 9 such State’’ and inserting ‘‘for dis- 10 tribution’’; and 11 (II) in the second sentence, by 12 striking ‘‘If the Secretary’’ and insert- 13 ing the following: 14 ‘‘(B) DESIGNATION OF STATES.— 15 ‘‘(i) IN GENERAL.—Except as pro- 16 vided under clause (ii), if the Secretary’’; 17 (ii) in subparagraph (B) (as so des- 18 ignated)— 19 (I) in clause (i) (as so des- 20 ignated)— 21 (aa) in the first sentence, by 22 striking ‘‘wholly’’; and 23 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1720 IS (bb) by striking ‘‘State; Pro- 1 vided, That if’’ and inserting the 2 following: ‘‘State. 3 ‘‘(ii) EXCEPTION.—If’’; and 4 (II) in clause (ii) (as so des- 5 ignated)— 6 (aa) in the first sentence— 7 (AA) by striking ‘‘such 8 designation’’ and inserting 9 ‘‘a designation made under 10 clause (i)’’; and 11 (BB) by striking ‘‘he’’ 12 each place it appears and in- 13 serting ‘‘the Secretary’’; and 14 (bb) in the second sentence, 15 by striking ‘‘The Secretary shall’’ 16 and inserting the following: 17 ‘‘(C) PUBLICATION OF DESIGNATION.— 18 The Secretary shall’’; 19 (iii) in subparagraph (C) (as so des- 20 ignated)— 21 (I) in the first sentence— 22 (aa) by striking ‘‘if such’’; 23 and 24 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1720 IS (bb) by striking ‘‘were’’ 1 after ‘‘transactions’’; and 2 (II) in the second sentence, by 3 striking ‘‘Thereafter, upon request’’ 4 and inserting the following: 5 ‘‘(D) REVOCATION OF DESIGNATION.—On 6 request’’; 7 (iv) in subparagraph (D) (as so des- 8 ignated)— 9 (I) in the first sentence, by strik- 10 ing ‘‘such designation’’ and inserting 11 ‘‘a designation made under subpara- 12 graph (B)(i)’’; and 13 (II) by striking ‘‘title IV of this 14 Act: And provided further, That, not- 15 withstanding’’; and inserting the fol- 16 lowing: ‘‘title IV. 17 ‘‘(E) ADULTERATED MEAT OR MEAT FOOD 18 PRODUCT.— 19 ‘‘(i) IN GENERAL.—Notwithstanding’’; 20 and 21 (v) in subparagraph (E) (as so des- 22 ignated)— 23 (I) in clause (i) (as so des- 24 ignated)— 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1720 IS (aa) in the first sentence— 1 (AA) by striking ‘‘with- 2 in such State’’; and 3 (BB) by striking ‘‘sec- 4 tion 301 of the Act’’ and in- 5 serting ‘‘this section’’; and 6 (bb) in the second sentence, 7 by striking ‘‘If the State’’ and in- 8 serting the following: 9 ‘‘(ii) ENFORCEMENT.—If the State’’; 10 and 11 (II) in clause (ii) (as so des- 12 ignated), by striking ‘‘as though en- 13 gaged in commerce’’; 14 (C) in paragraph (2), by striking ‘‘(2) The 15 provisions’’ and inserting the following: 16 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi- 17 sions’’; 18 (D) in paragraph (3)— 19 (i) by striking ‘‘(3) Whenever’’ and in- 20 serting the following: 21 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 22 (ii) by striking ‘‘he’’ and inserting 23 ‘‘the Secretary’’; and 24 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1720 IS (E) in paragraph (4), by striking ‘‘(4) The 1 Secretary’’ and inserting the following: 2 ‘‘(4) REPORT.—The Secretary’’; and 3 (5) in subsection (d), by striking ‘‘(d) As used 4 in’’ and inserting the following: 5 ‘‘(d) DEFINITION OF STATE.—In’’. 6 SEC. 3. STATE-INSPECTED POULTRY PRODUCTS. 7 Section 5 of the Poultry Products Inspection Act (21 8 U.S.C. 454) is amended— 9 (1) by striking the section heading and designa- 10 tion and inserting the following: 11 ‘‘SEC. 5. SALE OF INSPECTED POULTRY PRODUCTS.’’; 12 (2) in subsection (a)— 13 (A) by striking ‘‘In furtherance of this pol- 14 icy’’ in the matter preceding paragraph (1) and 15 all that follows through ‘‘(1) The Secretary’’ in 16 paragraph (1) and inserting the following: 17 ‘‘(B) STATE PROGRAMS.— 18 ‘‘(i) IN GENERAL.—The Secretary’’; 19 (B) by striking ‘‘(a) It is’’ and inserting 20 the following: 21 ‘‘(a) STATE POULTRY PRODUCT INSPECTION PRO- 22 GRAM.— 23 ‘‘(1) IN GENERAL.— 24 ‘‘(A) POLICY.—It is’’; and 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1720 IS (C) in paragraph (1)(B) (as so des- 1 ignated)— 2 (i) in clause (i) (as so designated), by 3 striking ‘‘solely for distribution within such 4 State’’ and inserting ‘‘for distribution’’; 5 and 6 (ii) by adding at the end the fol- 7 lowing: 8 ‘‘(ii) INTERSTATE COMMERCE.— 9 ‘‘(I) IN GENERAL.—Notwith- 10 standing any other provision of this 11 Act, the Secretary may allow the ship- 12 ment in interstate commerce of poul- 13 try products inspected under the State 14 poultry product inspection program 15 described in clause (i). 16 ‘‘(II) ACCEPTANCE OF INTER- 17 STATE SHIPMENTS OF POULTRY 18 PRODUCTS.—Notwithstanding any 19 provision of State law, a State or local 20 government shall not prohibit or re- 21 strict the movement or sale of poultry 22 products that have been inspected and 23 passed in accordance with this Act for 24 interstate commerce.’’; 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1720 IS (3) in subsection (b), by striking ‘‘(b) The ap- 1 propriate’’ and inserting the following: 2 ‘‘(b) COOPERATION OF STATE AGENCY.—The appro- 3 priate’’; 4 (4) in subsection (c)— 5 (A) by striking ‘‘(c)(1) If the Secretary’’ 6 and inserting the following: 7 ‘‘(c) ENFORCEMENT OF FEDERAL REQUIRE- 8 MENTS.— 9 ‘‘(1) DESIGNATION OF STATES.— 10 ‘‘(A) IN GENERAL.—If the Secretary’’; 11 (B) in paragraph (1) (as so designated)— 12 (i) in subparagraph (A) (as so des- 13 ignated)— 14 (I) in the first sentence, by strik- 15 ing ‘‘solely for distribution within 16 such State’’ and inserting ‘‘for dis- 17 tribution’’; and 18 (II) in the second sentence, by 19 striking ‘‘If the Secretary’’ and insert- 20 ing the following: 21 ‘‘(B) DESIGNATION OF STATES.— 22 ‘‘(i) IN GENERAL.—Except as pro- 23 vided under clause (ii), if the Secretary’’; 24 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1720 IS (ii) in subparagraph (B) (as so des- 1 ignated)— 2 (I) in clause (i) (as so des- 3 ignated)— 4 (aa) in the first sentence, by 5 striking ‘‘wholly’’; and 6 (bb) by striking ‘‘State: Pro- 7 vided, That if’’ and inserting the 8 following: ‘‘State. 9 ‘‘(ii) EXCEPTION.—If’’; and 10 (II) in clause (ii) (as so des- 11 ignated)— 12 (aa) in the first sentence— 13 (AA) by striking ‘‘such 14 designation’’ and inserting 15 ‘‘a designation made under 16 clause (i)’’; and 17 (BB) by striking ‘‘he’’ 18 each place it appears and in- 19 serting ‘‘the Secretary’’; and 20 (bb) in the second sentence, 21 by striking ‘‘The Secretary shall’’ 22 and inserting the following: 23 ‘‘(C) PUBLICATION OF DESIGNATION.— 24 The Secretary shall’’; 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1720 IS (iii) in subparagraph (C) (as so des- 1 ignated)— 2 (I) in the first sentence— 3 (aa) by striking ‘‘if such’’; 4 and 5 (bb) by striking ‘‘were’’ 6 after ‘‘transactions’’; and 7 (II) in the second sentence, by 8 striking ‘‘However, notwithstanding’’ 9 and inserting the following: 10 ‘‘(D) ADULTERATED POULTRY PROD- 11 UCT.— 12 ‘‘(i) IN GENERAL.—Notwithstanding’’; 13 and 14 (iv) in subparagraph (D) (as so des- 15 ignated)— 16 (I) in clause (i) (as so des- 17 ignated)— 18 (aa) in the first sentence— 19 (AA) by striking ‘‘with- 20 in such State’’; and 21 (BB) by striking ‘‘sub- 22 paragraph (a)(4) of this sec- 23 tion’’ and inserting ‘‘sub- 24 section (a)(4)’’; and 25 VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 1720 IS (bb) in the second sentence, 1 by striking ‘‘If the State’’ and in- 2 serting the following: 3 ‘‘(ii) ENFORCEMENT.—If the State’’; 4 and 5 (II) in clause (ii) (as so des- 6 ignated), by striking ‘‘as though en- 7 gaged in commerce’’; 8 (C) in paragraph (2), by striking ‘‘(2) The 9 provisions’’ and inserting the following: 10 ‘‘(2) EXCEPTIONS TO INSPECTION.—The provi- 11 sions’’; 12 (D) in paragraph (3), by striking ‘‘(3) 13 Whenever’’ and inserting the following: 14 ‘‘(3) TERMINATION OF DESIGNATION.—If’’; and 15 (E) in paragraph (4), by striking ‘‘(4) The 16 Secretary’’ and inserting the following: 17 ‘‘(4) REPORT.—The Secretary’’; and 18 (5) in subsection (d), by striking ‘‘(d) As used 19 in’’ and inserting the following: 20 ‘‘(d) DEFINITION OF STATE.—In’’. 21 Æ VerDate Sep 11 2014 17:05 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S1720.IS S1720 pamtmann on DSKBFK8HB2PROD with BILLS