S 354 — Strengthening Local Processing Act of 2023

(a) State laws; planning, technical and financial assistance; advisory committees It is the policy of the Congress to protect the consuming public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish this objective. In furtherance of this policy— (1) The Secretary is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate State agency in developing and administering a State poultry product inspection program in any State which has enacted a mandatory State poultry product inspection law that imposes ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under this chapter, with respect to all or certain classes of persons engaged in the State in slaughtering poultry or processing poultry products for use as human food solely for distribution within such State. (2) The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in section 460 of this title; and to cooperate with other agencies of the United States in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any State or Territory or the District of Columbia commissioned by the Secretary for such purpose. (3) Cooperation with State agencies under this section may include furnishing to the appropriate State agency (i) advisory assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under subparagraph (4), deems adequate to effectuate the purposes of this section. (4) 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 him concerning State and Federal programs with respect to poultry product inspection and other matters within the scope of this chapter, including evaluating State programs for purposes of this chapter, and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. (b) Appropriate State agency; performance of functions by subordinate governmental unit The appropriate State agency with which the Secretary may cooperate under this chapter shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this chapter. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section. (c) Intrastate activities; designation of State for regulation; publication of designation; exempted operations; termination of designation; review of operations in nondesignated States; annual report...

(a) Definitions (1) Appropriate State agency The term “appropriate State agency” means a State agency described in section 454(a)(1) of this title. (2) Designated personnel The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chapter, including rules and regulations issued under this chapter. (3) Eligible establishment The term “eligible establishment” means an establishment that is in compliance with— (A) the State inspection program of the State in which the establishment is located; and (B) this chapter, including rules and regulations issued under this chapter. (4) Poultry item The term “poultry item” means— (A) a portion of poultry; and (B) a poultry product. (5) Selected establishment The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship poultry items in interstate commerce. (b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship poultry items in interstate commerce, and place on each poultry item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the poultry item qualifies for the Federal mark, stamp, tag, or label of inspection under the requirements of this chapter; (B) the establishment is an eligible establishment; and (C) inspection services for the establishment are provided by designated personnel. (2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— (A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary; (B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or poultry items that are inspected by the Secretary in accordance with this chapter; (C) (i) is a Federal establishment; (ii) was a Federal establishment as of the date of the enactment of this section, and was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or (iii) was a State establishment as of the date of the enactment of this section that— (I) as of the date of the enactment of this section, employed more than 25 employees; and (II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; (D) is in violation of this chapter; (E) is located in a State that does not have a State inspection program; or (F) is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A). (3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees. (B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection. (ii) Procedures A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (i). (c) Reimbursement of State costs The Secretary shall reimburse a State ...

(a) Congressional statement of policy It is the policy of the Congress to protect the consuming public from meat and meat food products that are adulterated or misbranded and to assist in efforts by State and other Government agencies to accomplish this objective. In furtherance of this policy— (1) Development and administration of State meat inspection program equal to subchapter I ante and post mortem inspection, reinspection, and sanitation requirements The Secretary is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate State agency in developing and administering a State meat inspection program in any State which has enacted a State meat inspection law that imposes mandatory ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under subchapter I of this chapter, with respect to all or certain classes of persons engaged in the State in slaughtering cattle, sheep, swine, goats, or equines, or preparing the carcasses, parts thereof, meat or meat food products, of any such animals for use as human food solely for distribution within such State. (2) Development and administration of State program with authorities equal to subchapter II authorities; cooperation with Federal agencies The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in subchapter II of this chapter; and to cooperate with other agencies of the United States in carrying out any provisions of this chapter. (3) Scope of cooperation: advisory assistance, technical and laboratory assistance and training, and financial and other aid; limitation on amount; equitable allocation of Federal funds; adequacy of State program to obtain Federal cooperation and payments Cooperation with State agencies under this section may include furnishing to the appropriate State agency (i) advisory assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under paragraph (4), deems adequate to effectuate the purposes of this section. (4) Advisory committees 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 him concerning State and Federal programs with respect to meat inspection and other matters within the scope of this chapter, including evaluating State programs for purposes of this chapter and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. (b) Single State agency; subordinate governmental unit as part of State agency The appropriate State agency with which the Secretary may cooperate under this chapter shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this chapter. When the State program includes performance of certain functions by a municipality or other subord...

(a) Definitions (1) Appropriate State agency The term “appropriate State agency” means a State agency described in section 661(b) of this title. (2) Designated personnel The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chapter, including rules and regulations issued under this chapter. (3) Eligible establishment The term “eligible establishment” means an establishment that is in compliance with— (A) the State inspection program of the State in which the establishment is located; and (B) this chapter, including rules and regulations issued under this chapter. (4) Meat item The term “meat item” means— (A) a portion of meat; and (B) a meat food product. (5) Selected establishment The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship carcasses, portions of carcasses, and meat items in interstate commerce. (b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this chapter; (B) the establishment is an eligible establishment; and (C) inspection services for the establishment are provided by designated personnel. (2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— (A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary; (B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or meat items that are inspected by the Secretary in accordance with this chapter; (C) (i) is a Federal establishment; (ii) was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or (iii) was a State establishment as of the date of the enactment of this section that— (I) as of the date of the enactment of this section, employed more than 25 employees; and (II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; (D) is in violation of this chapter; (E) is located in a State that does not have a State inspection program; or (F) is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A). (3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees. (B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection. (ii) Procedures A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (j). (c) Reimb...