What This Bill Does
This bill changes federal meat and poultry inspection laws to allow states to sell meat and poultry products that pass state inspection across state lines. The bill prevents states and local governments from blocking the sale of state-inspected meat and poultry products that meet federal standards for interstate trade.
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Who It Affects
- States with meat and poultry inspection programs
- State and local governments
- Meat and poultry producers operating under state inspection
- The federal Secretary of Agriculture
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Key Provisions
- The Secretary of Agriculture may allow state-inspected meat to be shipped between states, instead of limiting it to sales within a single state (Sec. 2)
- States and local governments cannot prohibit or restrict the movement or sale of state-inspected meat and poultry products that have been inspected and approved under federal law (Sec. 2)
- The Secretary of Agriculture may allow state-inspected poultry products to be shipped between states, instead of limiting them to sales within a single state (Sec. 3)
- States and local governments cannot prohibit or restrict the movement or sale of state-inspected poultry products that have been inspected and approved under federal law (Sec. 3)
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What Changes
State-inspected meat and poultry can now move across state borders for sale, rather than being limited to distribution only within the inspecting state. States cannot use their own laws to block these interstate shipments of federally-approved, state-inspected products.
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Important Definitions
Not specified in bill text
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 846
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
MARCH 16, 2023
Mr. ROUNDS (for himself, Mr. KING, Mr. CRAMER, Mr. DAINES, Mr. BAR-
RASSO, 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 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 2023’’.
5
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•S 846 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
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•S 846 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
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•S 846 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
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5
•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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•S 846 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
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