HR5038-119

1. Short title This Act may be cited as the American Protein Processing Modernization Act.

2. Requests for alternate inspection rates of meat and poultry Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary) shall— publish in the Federal Register food safety criteria that the Secretary shall consider in granting a request submitted by any establishment to operate at alternate inspection rates; and begin reviewing and responding to such requests from such establishments. Not later than 90 days after the date on which a request from an establishment to operate at alternate inspection rates is submitted, the Secretary shall respond— in the case of a request that the Secretary determines meets the food safety criteria referred to in subsection (a)(1), by approving such request; or in the case of a request that the Secretary determines does not meet the food safety criteria referred to in subsection (a)(1), by denying such request in writing and explaining in detail the reasons for such denial. In the case of a failure by the Secretary to respond to a request during the 90-day period referred to in paragraph (1), such request shall be deemed to have been approved by the Secretary. In the case of an establishment operating at alternate inspection rates as of the date of enactment of this Act, the Secretary shall authorize such establishment to continue operating at such rates— so long as the establishment maintains effective process control; or until such date that the Secretary, under subsection (b)(1), approves or denies a request submitted by the establishment to operate at alternate inspection rates. An establishment may continue to operate pursuant to the terms of a request approved under subsection (b)(1) so long as the establishment continues to meet the food safety criteria referred to in subsection (a)(1). The Secretary shall provide— in the case of an establishment operating pursuant to the terms of a request approved under subsection (b)(1) that fails to meet the food safety criteria referred to in subsection (a)(1), written notice to such establishment describing the nature of such failure; and in the case of an establishment continuing operations under subsection (c) that fails to adhere to the requirements of such subsection, written notice to such establishment describing the nature of such failure. Following the 180-day period beginning on the date on which an establishment receives a written notice of noncompliance under paragraph (1), if the Secretary determines the establishment has not remedied the failures described in such notice, the Secretary may— at the discretion of the Secretary, provide the establishment an additional opportunity to remedy the failures described in such notice; or revoke the authority of the establishment to continue operating at alternate inspection rates and provide written notice to the establishment describing the basis for such revocation. Nothing in subparagraph (A) shall be construed to limit the authority of the Secretary to take any action under other statutory or regulatory authority during the 180-day period described in such subparagraph to address food safety noncompliance with respect to an establishment that has received a written notice of noncompliance under paragraph (1). The written notice of revocation referred to in paragraph (2)(A)(ii) shall include a timeline for adjusting inspection rates at the establishment receiving such notice to inspection rates otherwise permitted under regulations implementing the post-mortem inspection requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. et seq.), in effect as of the date of enactment of this Act (or successor regulations). In establishing the timeline for adjusting inspection rates described in subparagraph (A), the Secretary shall— consider potential effects on live animal production and sourcing; and consult with the establishment to which such rates shall apply to minimize negative impacts— on the ability of the establishment to fulfill any contractual obligations of the establishment in effect on the date on which such timeline is established; on animal producers or growers; and on animal welfare. A revocation under paragraph (2)(A)(ii) shall not limit the ability of an establishment to apply and be approved for alternate inspection rates under subsection (b)(1), so long as the establishment otherwise meets the food safety criteria referred to in subsection (a)(1). In this section: The term alternate inspection rates means any rate in excess of the maximum rates permissible under regulations implementing the post-mortem inspection requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), in effect as of the date of enactment of this Act (or successor regulations). The term establishment means— an official establishment that is subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); and an official establishment that is subject to inspection under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). Nothing in this section shall be construed to establish any liability or responsibility on the Department of Agriculture or the Food Safety and Inspection Service with respect to— the safety of establishment workers; or any environmental effects related to alternate inspection rates.