What This Bill Does
This bill changes federal law to allow meat and poultry products that have been inspected by state governments to be sold across state lines. Currently, these products can only be sold within the state that inspected them. The bill also prevents states and local governments from blocking the sale of these state-inspected products when they move between states.
Who It Affects
- States that run their own meat and poultry inspection programs
- Meat and poultry producers in those states
- State and local government agencies
- The federal Secretary of Agriculture (the head of the U.S. Department of Agriculture)
Key Provisions
- The Secretary of Agriculture may allow state-inspected meat and meat products to be shipped across state lines for sale, even if state law previously limited them to in-state sales only (Sec. 2)
- States and local governments cannot prohibit or restrict the sale or movement of meat or poultry products that have been inspected and approved under federal law when those products move between states (Sec. 2)
- The Secretary of Agriculture may allow state-inspected poultry products to be shipped across state lines for sale (Sec. 3)
- States and local governments cannot prohibit or restrict the sale or movement of poultry products that have been inspected and approved under federal law when those products move between states (Sec. 3)
What Changes
If this bill becomes law, state-inspected meat and poultry can legally cross state borders for sale. States will lose the ability to block interstate sales of these products. The federal Secretary of Agriculture gains authority to permit these interstate shipments.
Important Definitions
None defined in bill text
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1646
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 HOUSE OF REPRESENTATIVES
MARCH 17, 2023
Mr. MOONEY introduced the following bill; which was referred to the
Committee on Agriculture
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
SEC. 2. STATE-INSPECTED MEAT.
6
Section 301 of the Federal Meat Inspection Act (21
7
U.S.C. 661) is amended—
8
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2
•HR 1646 IH
(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
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•HR 1646 IH
‘‘(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
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•HR 1646 IH
‘‘(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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•HR 1646 IH
(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
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