text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Meat and Poultry Products Inspection 
  Amendments of 1994''.
  
  SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION 
                ACT.
  
      (a) Removal of Intrastate Distribution Limitation.--Section 
  301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is 
  amended by striking ``solely for distribution within such State''.
      (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C. 
  661(a)) 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 an agreement with a State or 
          the District of Columbia to utilize an officer or employee of 
          the State or the District of Columbia to conduct any 
          examination, investigation, or inspection authorized under this 
          Act, if the Secretary determines that it is practicable for the 
          examination, investigation, or inspection to be so 
          conducted.''.
      (c) Termination of Designation of State as Subject to Federal 
  Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act 
  (21 U.S.C. 661(c)(3)) 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 each 
  establishment within the jurisdiction of the State that does not 
  operate under Federal inspection under title I and at which any cattle, 
  sheep, swine, goat, or equine is slaughtered, or the carcass of the 
  animal, or a part or product of the carcass of the animal, is prepared, 
  for use as human food, and with respect to the distribution of each 
  carcass, part of a carcass, meat, or meat food product of the animal 
  within the State, the Secretary''.
      (d) Expansion of State Inspection Authority.--Section 301 of such 
  Act (21 U.S.C. 661) is 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), a carcass, part of a 
  carcass, meat, or meat food product of a cattle, sheep, swine, goat, or 
  equine prepared under State inspection in a 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 a 
  product in an establishment at which Federal inspection is maintained 
  under title I, in the same manner and to the same extent as a product 
  prepared at the establishment.
      ``(2) A State-inspected article described in paragraph (1), and a 
  federally inspected article prepared (in whole or in part) from the 
  State-inspected article--
              ``(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 a 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) Each carcass, part of a carcass, meat, or meat food product 
  that is 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 an official mark that identifies the 
  State and is of such design as the State shall prescribe. A federally 
  inspected article prepared (in whole or in part) from the State-
  inspected article shall be identified as so inspected only by the same 
  official mark as is prescribed by the Secretary for an article 
  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 as of October 1 of any year. The transfer shall occur only if--
              ``(A) the operator provides written notice of the intention 
          to transfer to both inspection agencies at least 180 days in 
          advance of the date referred to in the preceding sentence; 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 that would require Federal 
  inspection.
      ``(6) As used in 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. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
  
      ``(a) Requirements Relating to Establishments.--
              ``(1) In general.--Except as provided in paragraph (2), a 
          State or Territory or the District of Columbia may not impose a 
          requirement within the scope of this Act with respect to the 
          premises, facility, or operation of an establishment at which 
          inspection is provided under title I that is in addition to, or 
          different than, a requirement under this Act.
              ``(2) Recordkeeping requirements.--A State or Territory or 
          the District of Columbia may impose a recordkeeping or other 
          requirement within the scope of section 202, if the requirement 
          is consistent with such section, with respect to an 
          establishment.
      ``(b) Requirements Relating to Marking, Labeling, Packaging, and 
  Ingredients.--
              ``(1) In general.--Except as provided in paragraph (2), a 
          State or Territory or the District of Columbia may not impose a 
          marking, labeling, packaging, or ingredient requirement that is 
          in addition to, or different than, a requirement under this Act 
          with respect to an article prepared at an establishment under 
          Federal inspection in accordance with title I or with respect 
          to an article prepared for commerce at a State-inspected 
          establishment in accordance with section 301(d).
              ``(2) Concurrent jurisdiction.--A State or territory or the 
          District of Columbia may, consistent with this Act, exercise 
          concurrent jurisdiction with the Secretary over an article 
          distributed in commerce or otherwise subject to this Act, for 
          the purpose of preventing the distribution for use as human 
          food of an article that is not in compliance with this Act and 
          is outside of a federally or State-inspected establishment, or 
          in the case of an imported article, that is not at such an 
          establishment, after the entry of the article into the United 
          States.
      ``(c) Effect on Other Laws.--This Act shall not preclude a State or 
  Territory or the District of Columbia from imposing a requirement or 
  taking any other action, consistent with this Act, with respect to an 
  area regulated under this Act that is not referred to in this 
  section.''.
  
  SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS 
                INSPECTION ACT.
  
      (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1) 
  of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended 
  by striking ``solely for distribution within such State''.
      (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C. 
  454(a)) is amended by adding at the end the following new paragraph:
              ``(5) The Secretary may enter into an agreement with a 
          State or the District of Columbia to utilize an officer or 
          employee of the State or the District of Columbia to conduct 
          any examination, investigation, or inspection authorized under 
          this Act, if the Secretary determines that it is practicable 
          for the examination, investigation, or inspection to be so 
          conducted.''.
      (c) Termination of Designation of State as Subject to Federal 
  Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act 
  (21 U.S.C. 454(c)(3)) 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 each establishment within the jurisdiction of the State that 
  does not operate under Federal inspection under this Act and at which 
  any poultry is slaughtered, or any poultry product is processed, for 
  use as human food, and with respect to the distribution of each poultry 
  product within the State, the Secretary''.
      (d) Expansion of State Inspection Authority.--Section 5 of such Act 
  (21 U.S.C. 454) is 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), a poultry product 
  processed under State inspection in a 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 a product in an establishment at which Federal 
  inspection is maintained under this Act, in the same manner and to the 
  same extent as a poultry product processed at the establishment. A 
  poultry product that complies with the poultry product inspection laws 
  of the State (other than a State designated under subsection (c)) in 
  which the product was processed shall be considered to comply with this 
  Act.
      ``(2) A State-inspected poultry product described in paragraph (1), 
  and a federally inspected poultry product processed (in whole or in 
  part) from the State-inspected poultry product--
              ``(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 a federally inspected 
          establishment that engages in the processing, sale, or 
          transportation of poultry products for foreign commerce.
      ``(3) A poultry product that is 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 
  an official mark that identifies the State and is of such design as the 
  State shall prescribe. A federally inspected poultry product processed 
  (in whole or in part) from a State-inspected poultry product shall be 
  identified as so inspected only by the same official mark as is 
  prescribed by the Secretary for a poultry product 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 as of October 1 of any year. The transfer shall occur only if--
              ``(A) the operator provides written notice of the intention 
          to transfer to both inspection agencies at least 180 days in 
          advance of the date referred to in the preceding sentence; 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 Federal 
          and State 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 that would require Federal 
  inspection.
      ``(6) As used in 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. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
  
      ``(a) Requirements Relating to Establishments.--
              ``(1) In general.--Except as provided in paragraph (2), a 
          State or territory or the District of Columbia may not impose a 
          requirement within the scope of this Act with respect to the 
          premises, facility, or operation of an official establishment, 
          that is in addition to, or different than, a requirement under 
          this Act.
              ``(2) Recordkeeping requirements.--A State or territory or 
          the District of Columbia may impose a recordkeeping or other 
          requirement within the scope of section 11(b), if the 
          requirement is consistent with such section, with respect to an 
          establishment.
      ``(b) Requirements Relating to Marking, Labeling, Packaging, and 
  Ingredients.--
              ``(1) In general.--A State or territory or the District of 
          Columbia may not impose--
                      ``(A) except as provided in paragraph (2), a 
                  marking, labeling, packaging, or ingredient requirement 
                  that is in addition to, or different than, a 
                  requirement under this Act with respect to an article 
                  prepared at an establishment under Federal inspection 
                  in accordance with this Act or with respect to an 
                  article prepared for commerce at a State-inspected 
                  establishment in accordance with section 5(d); or
                      ``(B) any other storage or handling requirement 
                  found by the Secretary to unduly interfere with the 
                  free flow of any poultry product in commerce.
              ``(2) Concurrent jurisdiction.--A State or territory or the 
          District of Columbia may, consistent with this Act, exercise 
          concurrent jurisdiction with the Secretary over an article 
          distributed in commerce or otherwise subject to this Act, for 
          the purpose of preventing the distribution for use as human 
          food of any article that is not in compliance with this Act and 
          is outside of a federally or State-inspected establishment, or 
          in the case of an imported article, that is not at such an 
          establishment, after the entry of the article into the United 
          States.
      ``(c) Effect on Other Laws.--This Act shall not preclude a State or 
  territory or the District of Columbia from imposing a requirement or 
  taking any other action, consistent with this Act, with respect to an 
  area regulated under this Act that is not referred to in this 
  section.''.
target: Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to:  (1) permit State inspected meat and meat products to be sold or transported in interstate commerce; (2) permit the Secretary of Agriculture to use State inspectors; (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities; and (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. 
  Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products.
feat_title: Meat and Poultry Products Inspection Amendments of 1994