HR5038-119

What This Bill Does

The American Protein Processing Modernization Act creates a deadline-driven process for meat and poultry establishments seeking alternate inspection rates. USDA must publish in the Federal Register the food-safety criteria it will use and begin reviewing requests within 90 days after enactment. After an establishment submits a request, USDA has 90 days to approve it or deny it in writing with detailed reasons; if USDA does not respond in time, the request is deemed approved. Establishments already operating at alternate inspection rates may continue if they maintain effective process control or until USDA decides their request. USDA can issue written noncompliance notices, allow a 180-day cure period, provide another cure opportunity, or revoke the alternate-rate authority with an adjustment timeline that considers live animal production and sourcing.

Who Benefits and How

Meat processing establishments benefit from a mandatory USDA review deadline and deemed approval if the agency misses the 90-day response period. Poultry processing establishments benefit from the same alternate-rate process for post-mortem inspection operations. Establishments already using alternate inspection rates benefit because they can keep operating while maintaining effective process control. Livestock producers benefit indirectly because USDA must consider effects on live animal production and sourcing when adjusting revoked rates.

Who Bears the Burden and How

USDA inspection administrators must publish criteria, decide requests, issue written explanations, monitor process control, and manage revocations. Food safety inspectors must evaluate whether establishments continue to meet the published criteria for alternate rates. Processors receiving noncompliance notices must remedy failures within the 180-day cure period or risk revocation. Consumer safety advocates bear risk if deemed approval or faster line speeds reduce agency review leverage.

Key Provisions

• Requires USDA to publish alternate inspection-rate food safety criteria in the Federal Register within 90 days.
• Requires USDA to approve or deny establishment requests within 90 days after submission.
• Provides deemed approval if USDA misses the response deadline.
• Allows current alternate-rate establishments to continue while maintaining effective process control.
• Creates written notice, 180-day cure, revocation, and rate-adjustment procedures for noncompliance.