text: 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.''.
target: 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.
feat_title: Meat and Poultry Products Inspection Amendments of 1993