S. 3519Senate109th Congress (2005-2007)In Committee

Agriculture Small Business Opportunity and Enhancement Act of 2006

A bill to reform the State inspection of meat and poultry in the United States, and for other purposes.

Introduced June 15, 2006

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

June 15, 2006

View full timeline
SenateIntro Referral

Introduced in Senate

June 15, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5957)

June 15, 2006

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

June 15, 2006

Floor Debate

14 members

What members said about S. 3519 on the floor

8 Republicans6 Democrats
Judd Gregg
Sen. Judd GreggR-NH · Jun 15, 2006

Mr. President, I rise to introduce a bill which is sponsored by myself and 20 other Members of the Senate. The purpose of this bill is to put some control over spending--or at least put procedures…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jun 15, 2006

Mr. President, I am pleased today to introduce the Heroes at Home Act of 2006. This legislation would take several important steps toward assisting our brave men and women in uniform in transitioning…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 15, 2006

Mr. President, I am introducing legislation today with Senators Snowe, Cochran, Cantwell, Domenici, Lincoln, Jeffords, Collins, Murray, Harkin, Landrieu, Obama, Salazar, and Sessions entitled the…

Ron Wyden
Sen. Ron WydenD-OR · Jun 15, 2006

Mr. President, I am pleased to be joined today by Senator Gordon Smith, Senator Larry Craig and Senator Patty Murray in introducing the Fisheries Restoration and Irrigation Mitigation Act of 2006--or…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Jun 15, 2006

Mr. President, today I rise to introduce the Agriculture Small Business Opportunity and Enhancement Act of 2006. Currently, 28 States, including my home State of Utah, have State meat inspection…

Show 8 more
Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Jun 15, 2006

Mr. President, today I rise to introduce the Agriculture Small Business Opportunity and Enhancement Act of 2006. Currently, 28 States, including my home State of Utah, have State meat inspection…

Robert Menendez
Rep. Robert MenendezD-NJ-13 · Jun 15, 2006

Mr. President, I rise today with my good friend Senator Durbin to introduce the Mom's Opportunity to Access Help, Education, Research, and Support for Postpartum Depression, MOTHERS, Act. Senator…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 15, 2006

Mr. President, I rise to introduce legislation that enhances the innocent spouse equitable relief provision of the Internal Revenue Code. Through only minor legislative modifications, this bill…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Jun 15, 2006

Mr. President, I rise today to introduce legislation to amend the Credit Repair Organizations Act, CROA, to stop abusive class action lawsuits against companies offering legitimate credit file…

John McCain
Sen. John McCainR-AZ · Jun 15, 2006

Mr. President, I am introducing today a bill to amend various provisions of the Indian Land Consolidation Act, ILCA. Some of these amendments are of a technical or clarifying nature; others have the…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 15, 2006

Mr. President, as you know, Turkey invaded the northern area of the Republic of Cyprus in the summer of 1974. At that time, less than 20 percent of the private real property in this area was owned by…

Jon Kyl
Sen. Jon KylR-AZ · Jun 15, 2006

Mr. President, I am pleased to join my colleague from California, Senator Feinstein, in introducing legislation to clarify the jurisdiction of the U.S. Tax Court in cases involving ``equitable…

Herb Kohl
Sen. Herb KohlD-WI · Jun 15, 2006

Mr. President, the manufacturing sector is under siege from cheap imports, unfair trade agreements, and escalating heath care and energy costs. Instead of working to alleviate this burden, the Bush…

Show 2 more
Jeff Sessions
Sen. Jeff SessionsR-AL · Jun 15, 2006

Mr. President, will the Senator yield for a question? First, I wish to say to any Americans listening and all our colleagues, when Chairman Gregg speaks about long-term financial challenges facing…

Mike DeWine
Sen. Mike DeWineR-OH · Jun 15, 2006

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued June 15, 2006

II

109th CONGRESS

2d Session

S. 3519

IN THE SENATE OF THE UNITED STATES

June 15, 2006

Mr. Hatch (for himself, Mr. Conrad, and Mr. Kohl) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To reform the State inspection of meat and poultry in the United States, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Agriculture Small Business Opportunity and Enhancement Act of 2006.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Meat inspection

Sec. 101. Federal and State cooperation on meat inspection for intrastate distribution.

Sec. 102. State meat inspection programs.

TITLE II—Poultry inspection

Sec. 201. Federal and State cooperation on poultry inspection for intrastate distribution.

Sec. 202. State poultry inspection programs.

TITLE III—General provisions

Sec. 301. Regulations.

Sec. 302. Termination of authority to establish an interstate inspection program.

I

Meat inspection

101.

Federal and State cooperation on meat inspection for intrastate distribution

(a)

Redesignation

(1)

In general

The Federal Meat Inspection Act is amended—

(A)

by redesignating title III (21 U.S.C. 661 et seq.) as title V and moving that title so as to appear at the end of that Act;

(B)

by redesignating section 301 (21 U.S.C. 661) as section 501;

(C)

in title V (as redesignated by subparagraph (A)), by striking the title heading and inserting the following:

V

Federal and State cooperation on meat inspection for intrastate distribution

;

and
(D)

in the fourth sentence of section 501(c)(1) (as redesignated by subparagraph (B)), by striking section 301 of the Act and inserting subsection (a)(4).

(2)

Conforming amendments

(A)

Section 7(c) of the Federal Meat Inspection Act (21 U.S.C. 607(c)) is amended in the second sentence by striking section 301 of this Act and inserting section 501(a)(4).

(B)

Section 24 of the Federal Meat Inspection Act (21 U.S.C. 624) is amended in the last sentence by striking section 301 of this Act and inserting section 501(a)(4).

(C)

Section 205 of the Federal Meat Inspection Act (21 U.S.C. 645) is amended by striking section 301 of this Act and inserting section 501(a)(4).

(3)

Effective date

This subsection takes effect on January 1, 2007.

(b)

Repeal

(1)

In general

Title V of the Federal Meat Inspection Act (as amended by subsection (a)(1)) is repealed.

(2)

Conforming amendments

(A)

Section 7(c) of the Federal Meat Inspection Act (21 U.S.C. 607(c)) (as amended by subsection (a)(2)(A)) is amended in the second sentence by striking section 501(a)(4) and inserting section 412.

(B)

Section 24 of the Federal Meat Inspection Act (21 U.S.C. 624) (as amended by subsection (a)(2)(B)) is amended in the last sentence by striking section 501(a)(4) and inserting section 412.

(C)

Section 205 of the Federal Meat Inspection Act (21 U.S.C. 645) (as amended by subsection (a)(2)(C)) is amended by striking section 501(a)(4) and inserting section 412.

(3)

Effective date

Except as provided in section 302, this subsection takes effect on January 1, 2007.

102.

State meat inspection programs

(a)

In general

The Federal Meat Inspection Act (as amended by section 101(a)(1)) is amended by inserting after title II (21 U.S.C. 641 et seq.) the following:

III

State meat inspection programs

301.

Policy and findings

(a)

Policy

It is the policy of Congress to ensure that consumers continue to have access to a safe, wholesome, abundant, and affordable supply of meat and meat food products and to assist in efforts by State and other government agencies to accomplish that policy.

(b)

Findings

Congress finds that—

(1)

the goal of providing a safe, wholesome, abundant, and affordable supply of meat and meat food products throughout the United States is achieved, in part, through the role played by both Federal and State food safety inspection programs;

(2)

as of the date of enactment of the Agriculture Small Business Opportunity and Enhancement Act of 2006, State and local government programs conduct more than 80 percent of food establishment inspections, respond to and manage the majority of food emergencies in the United States, and conduct the majority of food product testing for bacteriological or chemical contamination;

(3)

important Federal regulatory programs have been effectively applied to improve all segments of the extensive food safety system of the United States, including the food production and distribution chain, animal and plant husbandry, production, transportation, and preparation;

(4)

an extensive science-based food safety verification system became effective in 1996 with the Pathogen Reduction/Hazard Analysis and Critical Control Point systems of the Department of Agriculture (referred to in this subsection as the HACCP system);

(5)

the HACCP system has been fully implemented for all inspection establishments since 2000, providing the Department of Agriculture with years of food safety testing and verification data, which provide timely information to both consumers and industry;

(6)

Federal and State meat inspection programs should function together as a seamless system in both intrastate and interstate commerce;

(7)

coordinating Federal and State inspection programs will improve food safety and enhance consumer confidence in the food supply;

(8)

there are no substantive distinctions between Federal and State inspection requirements because State meat and poultry inspection programs must equal or exceed the level of food safety for the Federal inspection program;

(9)

the Department of Agriculture updated the policy and procedures for reviewing State inspection programs in 2004, which has further strengthened testing and training requirements by adding a higher margin of safety to the State inspection process;

(10)

the Department of Agriculture has undertaken a new comprehensive review of State meat and poultry inspection programs and issued an interim report in 2005 that found that State inspection programs are at least equal to the Federal inspection program;

(11)

in approximately half of the States with inspection programs, the State inspectors provide inspection coverage for both Federal and State facilities;

(12)

the statutory prohibition in effect as of the date of enactment of the Agriculture Small Business Opportunity and Enhancement Act of 2006 against interstate shipment of State-inspected meat products is not in the best interests of consumers or small business;

(13)

3 advisory committees of the Department of Agriculture have urged aggressive action to end the inequities in meat inspection and recommended that steps be taken to promote the competitiveness of State-inspected meat products that meet Federal standards of inspection by allowing the sale of the meat in interstate commerce;

(14)

State-inspected meat and poultry are the only commodities that are restricted from sale across State lines, although other commodities that are inspected under State jurisdiction are marketed freely in the United States;

(15)

the same marketing options that apply to other commodities should be available for State-inspected meat and poultry;

(16)

interstate markets for State-inspected products will spur more competition and innovation in the industry, providing consumers with more choices in the supermarket; and

(17)

increased markets will stimulate small business sales, expand rural development, and increase local tax bases, benefitting producers, processors, related industries, and consumers.

302.

Definition of regulatory document

In this title, the term regulatory document means—

(1)

a directive;

(2)

a notice; and

(3)

a policy memorandum.

303.

Approval of State meat inspection programs

(a)

In general

Notwithstanding any other provision of this Act, the Secretary may approve a State meat inspection program and allow the shipment in commerce of carcasses, parts of carcasses, meat, and meat food products inspected under the State meat inspection program in accordance with this title.

(b)

Eligibility

To receive or maintain approval from the Secretary for a State meat inspection program in accordance with subsection (a), a State shall—

(1)

implement a State meat inspection program that enforces the mandatory antemortem and postmortem inspection, reinspection, sanitation, and related Federal requirements of titles I, II, and IV (including applicable regulations promulgated and regulatory documents issued under those titles); and

(2)

enter into a cooperative agreement with the Secretary in accordance with subsection (c).

(c)

Cooperative agreement

Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into a cooperative agreement with a State that—

(1)

establishes the terms governing the relationship between the Secretary and the State meat inspection program; and

(2)

provides that—

(A)

the State will adopt (including adoption by reference) provisions equivalent to titles I, II, and IV (including applicable regulations promulgated and regulatory documents issued under those titles);

(B)

State-inspected and passed meat and meat food products will be marked with a mark of State inspection, which shall be deemed to be an official mark, in accordance with requirements issued by the Secretary;

(C)

the State will comply with all labeling requirements issued by the Secretary governing meat and meat food products inspected under the State meat inspection program;

(D)

the Secretary shall have authority—

(i)

to detain and seize livestock, carcasses, parts of carcasses, meat, and meat food products under the State meat inspection program;

(ii)

to obtain access to facilities, records, livestock, carcasses, parts of carcasses, meat, and meat food products of any person, firm, or corporation that slaughters, processes, handles, stores, transports, or sells meat or meat food products inspected under the State meat inspection program to determine compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act); and

(iii)

to direct the State to conduct any activity authorized to be conducted by the Secretary under this Act (including applicable regulations promulgated and regulatory documents issued under this Act); and

(iv)

such other terms as the Secretary determines to be necessary shall be included in the cooperative agreement to ensure that the actions of the State and the State meat inspection program are consistent with this Act (including applicable regulations promulgated and regulatory documents issued under this Act).

(d)

Restriction on establishment size

(1)

In general

Except as provided in paragraph (2), establishments with more than 50 employees may not be accepted into a State meat inspection program.

(2)

Existing establishments

Subject to paragraph (3), any establishment that is subject to State inspection on January 1, 2007, may remain subject to State inspection.

(3)

Federally-inspected establishments

After January 1, 2007, a Federally-inspected establishment shall not be eligible to apply for and receive State inspection if the establishment has more than 50 employees.

(e)

Reimbursement of State costs

The Secretary may reimburse the State for not more than 60 percent of the State's costs of meeting the Federal requirements for the State meat inspection program.

(f)

Sampling

A duly authorized representative of the Secretary shall be afforded access to State-inspected establishments to take reasonable samples of the inventory of the establishments upon payment of the fair market value of the samples.

(g)

Noncompliance

If the Secretary determines that a State meat inspection program does not comply with this title or the cooperative agreement under subsection (c), the Secretary shall take such action as the Secretary determines to be necessary to ensure that the carcasses, parts of carcasses, meat, and meat food products in the State are inspected in a manner that effectuates this Act (including applicable regulations promulgated and regulatory documents issued under this Act).

304.

Authority to take over State meat inspection programs

(a)

Notification

If the Secretary has reason to believe that a State is not in compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement under section 303(c) and is considering the revocation or temporary suspension of the approval of the State meat inspection program, the Secretary shall promptly notify and consult with the Governor of the State.

(b)

Suspension and revocation

The Secretary may revoke or temporarily suspend the approval of a State meat inspection program and take over a State meat inspection program if the Secretary determines that the State meat inspection program is not in compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement.

(c)

Publication

If the Secretary revokes or temporarily suspends the approval of a State meat inspection program in accordance with subsection (b), the Secretary shall publish the determination under that subsection in the Federal Register.

(d)

Inspection of establishments

On the expiration of 30 days after the date of publication of a determination under subsection (c), an establishment subject to a State meat inspection program with respect to which the Secretary makes a determination under subsection (b) shall be inspected by the Secretary.

305.

Expedited authority to take over inspection of State-inspected establishments

Notwithstanding any other provision of this title, if the Secretary determines that an establishment operating under a State meat inspection program is not operating in accordance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement under section 303(c), and the State, after notification by the Secretary to the Governor, has not taken appropriate action within a reasonable time as determined by the Secretary, the Secretary may immediately determine that the establishment is an establishment that shall be inspected by the Secretary, until such time as the Secretary determines that the State will meet the requirements of this Act (including applicable regulations promulgated and regulatory documents issued under this Act) and the cooperative agreement with respect to the establishment.

306.

Annual review

The Secretary shall develop and implement a process, in consultation with the States—

(1)

to review annually each State meat inspection program approved under this title; and

(2)

to certify the State meat inspection programs that comply with the cooperative agreement entered into with the State under section 303(c).

307.

Federal inspection option

(a)

In general

An establishment that operates in a State with an approved State meat inspection program may apply for—

(1)

inspection under the State meat inspection program; or

(2)

Federal inspection.

(b)

Limitation

An establishment shall not make an application under subsection (a) more than once every 4 years.

.

(b)

Acceptance of interstate shipments; advisory committees

Title IV of the Federal Meat Inspection Act is amended—

(1)

by redesignating section 411 (21 U.S.C. 680) as section 413; and

(2)

by inserting after section 410 (21 U.S.C. 679a) the following:

411.

Acceptance of interstate shipments of meat and meat food products

Notwithstanding any provision of State law, a State or local government shall not prohibit or restrict the movement or sale of meat or meat food products that have been inspected and passed in accordance with this Act for interstate commerce.

412.

Advisory committees for Federal and State programs

The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with the Secretary concerning Federal and State programs with respect to meat inspection and other matters within the scope of this Act.

.

(c)

Effective date

This section takes effect on January 1, 2007.

II

Poultry inspection

201.

Federal and State cooperation on poultry inspection for intrastate distribution

(a)

Redesignation

(1)

In general

Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is redesignated as section 33 and moved so as to appear at the end of that Act.

(2)

Intrastate program

Section 33 of the Poultry Products Inspection Act (as redesignated by paragraph (1)) is amended by striking the section heading and inserting the following:

33.

Federal and State cooperation on poultry inspection for intrastate distribution

.

(3)

Conforming amendments

(A)

Section 8(b) of the Poultry Products Inspection Act (21 U.S.C. 457(b)) is amended in the second sentence by striking section 5 of this Act and inserting section 33(a)(4).

(B)

Section 11(e) of the Poultry Products Inspection Act (21 U.S.C. 460(e)) is amended by striking section 5 of this Act and inserting section 33(a)(4).

(4)

Effective date

This subsection takes effect on January 1, 2007.

(b)

Repeal

(1)

In general

Section 33 of the Poultry Products Inspection Act (as redesignated by subsection (a)(1)) is repealed.

(2)

Conforming amendments

(A)

Section 8(b) of the Poultry Products Inspection Act (21 U.S.C. 457(b)) (as amended by subsection (a)(3)(A)) is amended in the second sentence by striking section 33(a)(4) and inserting section 32.

(B)

Section 11(e) of the Poultry Products Inspection Act (21 U.S.C. 460(e)) (as amended by subsection (a)(3)(B)) is amended by striking section 33(a)(4) and inserting section 32.

(3)

Effective date

Except as provided in section 302, this subsection takes effect on January 1, 2007.

202.

State poultry inspection programs

(a)

In general

The Poultry Products Inspection Act (as amended by section 201(a)(1)) is amended by inserting after section 4 (21 U.S.C. 453) the following:

5.

State poultry inspection programs

(a)

Policy

It is the policy of Congress to protect the public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish that policy.

(b)

Definition of Regulatory Document

In this section, the term regulatory document means—

(1)

a directive;

(2)

a notice; and

(3)

a policy memorandum.

(c)

Approval of State poultry inspection programs

(1)

In general

Notwithstanding any other provision of this Act, the Secretary may approve a State poultry inspection program and allow the shipment in commerce of poultry products inspected under the State poultry inspection program in accordance with this section and section 5A.

(2)

Eligibility

To receive or maintain approval from the Secretary for a State poultry inspection program in accordance with paragraph (1), a State shall—

(A)

implement a State poultry inspection program that enforces the mandatory antemortem and postmortem inspection, reinspection, sanitation, and related Federal requirements of sections 1 through 4 and 6 through 32 (including applicable regulations promulgated and regulatory documents issued under those sections); and

(B)

enter into a cooperative agreement with the Secretary in accordance with paragraph (3).

(3)

Cooperative agreement

Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into a cooperative agreement with a State that—

(A)

establishes the terms governing the relationship between the Secretary and the State poultry inspection program; and

(B)

provides that—

(i)

the State will adopt (including adoption by reference) provisions equivalent to sections 1 through 4 and 6 through 32 (including applicable regulations promulgated and regulatory documents issued under this Act;

(ii)

State-inspected and passed poultry products will be marked with a mark of State inspection, which shall be deemed to be an official mark, in accordance with requirements issued by the Secretary;

(iii)

the State will comply with all labeling requirements issued by the Secretary governing poultry products inspected under the State poultry inspection program;

(iv)

the Secretary shall have authority—

(I)

to detain and seize poultry and poultry products under the State poultry inspection program;

(II)

to obtain access to facilities, records, and poultry products of any person that slaughters, processes, handles, stores, transports, or sells poultry products inspected under the State poultry inspection program to determine compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act); and

(III)

to direct the State to conduct any activity authorized to be conducted by the Secretary under this Act (including applicable regulations promulgated and regulatory documents issued under this Act); and

(v)

such other terms as the Secretary determines to be necessary shall be included in the cooperative agreement to ensure that the actions of the State and the State poultry inspection program are consistent with this Act (including applicable regulations promulgated and regulatory documents issued under this Act).

(4)

Restriction on establishment size

(A)

In general

Except as provided in subparagraph (B), establishments with more than 50 employees may not be accepted into a State poultry inspection program.

(B)

Existing establishments

Subject to subparagraph (C), any establishment that is subject to State inspection on January 1, 2007 may remain subject to state inspection.

(C)

Federally-inspected establishments

After January 1, 2007, a Federally-inspected establishment shall not be eligible to apply for and receive State inspection if the establishment has more than 50 employees.

(5)

Reimbursement of State costs

The Secretary may reimburse the State for not more than 60 percent of the State's costs of meeting the Federal requirements for the State poultry inspection program.

(6)

Sampling

A duly authorized representative of the Secretary shall be afforded access to State-inspected establishments to take reasonable samples of the inventory of the establishment upon payment of the fair market value of the samples.

(7)

Noncompliance

If the Secretary determines that a State poultry inspection program does not comply with this section, section 5A, or the cooperative agreement under paragraph (3), the Secretary shall take such action as the Secretary determines to be necessary to ensure that the poultry products in the State are inspected in a manner that effectuates this Act (including applicable regulations promulgated and regulatory documents issued under this Act).

(d)

Annual review

The Secretary shall develop and implement a process, in consultation with States—

(1)

to review annually each State poultry inspection program approved under this section; and

(2)

to certify the State poultry inspection programs that comply with the cooperative agreement entered into with the State under subsection (c)(3).

(e)

Federal inspection option

(1)

In general

An official establishment that operates in a State with an approved State poultry inspection program may apply for inspection under the State poultry inspection program or for Federal inspection.

(2)

Limitation

An official establishment shall not make an application under paragraph (1) more than once every 4 years.

5A.

Authority to take over State poultry inspection activities

(a)

Definition of Regulatory Document

In this section, the term regulatory document has the meaning given the term in section 5(b).

(b)

Authority to take over State poultry inspection programs

(1)

Notification

If the Secretary has reason to believe that a State is not in compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement under section 5(c)(3) and is considering the revocation or temporary suspension of the approval of the State poultry inspection program, the Secretary shall promptly notify and consult with the Governor of the State.

(2)

Suspension and revocation

The Secretary may revoke or temporarily suspend the approval of a State poultry inspection program and take over a State poultry inspection program if the Secretary determines that the State poultry inspection program is not in compliance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement.

(3)

Publication

If the Secretary revokes or temporarily suspends the approval of a State poultry inspection program in accordance with paragraph (2), the Secretary shall publish the determination under that paragraph in the Federal Register.

(4)

Inspection of establishments

On the expiration of 30 days after the date of publication of a determination under paragraph (3), an official establishment subject to a State poultry inspection program with respect to which the Secretary makes a determination under paragraph (2) shall be inspected by the Secretary.

(c)

Expedited authority to take over inspection of State-inspected official establishments

Notwithstanding any other provision of this section or section 5, if the Secretary determines that an official establishment operating under a State poultry inspection program is not operating in accordance with this Act (including applicable regulations promulgated and regulatory documents issued under this Act) or the cooperative agreement under section 5(c)(3), and the State, after notification by the Secretary to the Governor, has not taken appropriate action within a reasonable time as determined by the Secretary, the Secretary may immediately determine that the official establishment is an establishment that shall be inspected by the Secretary, until such time as the Secretary determines that the State will meet the requirements of this Act (including applicable regulations promulgated and regulatory documents issued under this Act) and the cooperative agreement with respect to the official establishment.

.

(b)

Acceptance of interstate shipments; advisory committees

The Poultry Products Inspection Act is amended by inserting after section 30 (21 U.S.C. 471) the following:

31.

Acceptance of interstate shipments of poultry products

Notwithstanding any provision of State law, a State or local government shall not prohibit or restrict the movement or sale of poultry products that have been inspected and passed in accordance with this Act for interstate commerce.

32.

Advisory committees for Federal and State programs

The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with the Secretary concerning State and Federal programs with respect to poultry product inspection and other matters within the scope of this Act.

.

(c)

Effective date

This section takes effect on January 1, 2007.

III

General provisions

301.

Regulations

Not later than January 1, 2007, the Secretary of Agriculture may promulgate such regulations as are necessary to implement the amendments made by sections 102 and 202.

302.

Termination of authority to establish an interstate inspection program

If the Secretary of Agriculture has not approved any State meat inspection program or State poultry inspection program by entering into a cooperative agreement under title III of the Federal Meat Inspection Act and sections 5 and 5A of the Poultry Products Inspection Act (as amended by this Act) by January 1, 2007, sections 101(b), 102, 201(b), and 202, and the amendments made by those sections, are repealed effective as of that date.