article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1993''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under title I and at which any cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared, for use as human food, and with respect to the distribution of carcasses, parts thereof, meat, or meat food products of such animals within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, or equines prepared under State inspection in any State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under title I, in the same manner and to the same extent as products prepared at such establishments. ``(2) State inspected articles described in paragraph (1), and federally inspected articles prepared (in whole or in part) from such State inspected articles-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in any federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) All carcasses, parts of carcasses, meat, and meat food products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected articles prepared (in whole or in part) from such State inspected articles shall be identified as so inspected only by the same official marks as prescribed by the Secretary for articles slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``Sec. 408. (a) Requirements within the scope of this Act with respect to premises, facilities and operations of any establishment at which inspection is provided under title I, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 202, if consistent with such section, with respect to any such establishment. ``(b)(1) Except as provided in paragraph (2), marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of title I or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 301(d). ``(2) A State or territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements under this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(c) This Act shall not preclude any State or Territory or the District of Columbia from imposing a requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under this Act and at which any poultry are slaughtered, or any poultry products are processed, for use as human food, and with respect to the distribution of poultry products within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), poultry products processed under State inspection in any State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under this Act, in the same manner and to the same extent as poultry products processed at such establishments. Poultry products complying with the requirements of the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the products were processed shall be considered as complying with this Act. ``(2) State inspected poultry products described in paragraph (1), and federally inspected poultry products processed (in whole or in part) from such State inspected poultry products-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in any federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) All poultry products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected poultry products processed (in whole or in part) from such State inspected poultry products shall be identified as so inspected only by the same official marks as prescribed by the Secretary for poultry products processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``Sec. 23. (a) Requirements within the scope of this Act with respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 11(b), if consistent with such section, with respect to any such establishment. ``(b)(1) Except as provided in paragraph (2), marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of this Act or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 5(d). Further storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce shall not be imposed by any State or territory or the District of Columbia. ``(2) A State or territory or the District of Columbia may, consistent with the requirements of this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements of this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(c) This Act shall not preclude any State or territory or the District of Columbia from making requirements or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''.
summary: Meat and Poultry Products Inspection Amendments of 1993 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) remove the intrastate distribution requirement for Federal-State cooperation; (2) authorize the use of State inspectors; and (3) expand State inspection authority.