21 U.S.C. § 472 — Interstate shipment of poultry inspected by

Page 737 TITLE 21—FOOD AND DRUGS § 472 ployees employed in, plants inspected under this chapter; (2) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter; (3) formal changes in poultry inspection reg- ulations promulgated under this chapter, whether in notice, proposed, or final form; and (4) such other matters as may be referred to the panel by the Secretary regarding the qual- ity or effectiveness of a safe and cost-effective poultry inspection system under this chapter. (b) Reports (1) In general The Safe Meat and Poultry Inspection Panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such rec- ommendations as the panel considers appro- priate. (2) Reports on formal changes In the case of a report concerning a formal change in poultry inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes. (Pub. L. 85–172, § 30, as added Pub. L. 104–127, title IX, § 918(a)(2), Apr. 4, 1996, 110 Stat. 1190.) Statutory Notes and Related Subsidiaries USE OF APPROPRIATED FUNDS Pub. L. 113–235, div. A, title VII, § 741, Dec. 16, 2014, 128 Stat. 2170, provided that: ‘‘Hereafter, none of the funds appropriated by this or any other Act may be used to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Prod- ucts Inspection Act (21 U.S.C. 471).’’ § 472. Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments (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 in- spection 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 chap- ter, 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 regu- lations 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 appro- priate State agency of the State in which the eligible establishment is located, under sub- section (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 agen- cy 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 inter- state commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the poultry item qualifies for the Fed- eral mark, stamp, tag, or label of inspection under the requirements of this chapter; (B) the establishment is an eligible estab- lishment; and (C) inspection services for the establish- ment 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 em- ployees (including supervisory and non- supervisory employees), as defined by the Secretary; (B) as of the date of the enactment of this section, ships in interstate commerce car- casses, 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 con- trolled 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 con- trolled 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 devel- oped 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 Page 738 TITLE 21—FOOD AND DRUGS § 472 establishment under this section that, on av- erage, 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 se- lected establishment under this sub- section. (ii) Procedures A State establishment shall be subject to the procedures established under subpara- graph (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 for costs related to the inspection of selected estab- lishments in the State in accordance with Fed- eral requirements in an amount of not less than 60 percent of eligible State costs. (d) Coordination between Federal and State agencies (1) In general The Secretary shall designate an employee of the Federal Government as State coordi- nator for each appropriate State agency— (A) to provide oversight and enforcement of this section; and (B) to oversee the training and inspection activities of designated personnel of the State agency. (2) Supervision A State coordinator shall be under the direct supervision of the Secretary. (3) Duties of State coordinator (A) In general A State coordinator shall visit selected es- tablishments with a frequency that is appro- priate to ensure that selected establish- ments are operating in a manner that is con- sistent with this chapter (including regula- tions and policies under this chapter). (B) Quarterly reports A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected estab- lishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter. (C) Immediate notification requirement If a State coordinator determines that any selected establishment that is under the ju- risdiction of the State coordinator is in vio- lation of any requirement of this chapter, the State coordinator shall— (i) immediately notify the Secretary of the violation; and (ii) deselect the selected establishment or suspend inspection at the selected es- tablishment. (4) Performance evaluations Performance evaluations of State coordina- tors designated under this subsection shall be conducted by the Secretary as part of the Fed- eral agency management control system. (e) Audits (1) Periodic audits conducted by Inspector General of the Department of Agriculture Not later than 2 years after the effective date described in subsection (i), and not less often than every 3 years thereafter, the In- spector General of the Department of Agri- culture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section. (2) Audit conducted by Comptroller General of the United States Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the imple- mentation of this section to determine— (A) the effectiveness of the implementa- tion of this section; and (B) the number of selected establishments selected by the Secretary to ship poultry items under this section. (f) Transition grants The Secretary may provide grants to appro- priate State agencies to assist the appropriate State agencies in helping establishments cov- ered by this chapter to transition to selected es- tablishments. (g) Violations Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A). (h) Effect Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of poultry and poultry products under this chap- ter. (i) Effective date (1) In general This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the con- duct of public meetings or hearings), promul- gates final regulations to carry out this sec- tion. (2) Requirement Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accord- ance with paragraph (1). (Pub. L. 85–172, § 31, as added Pub. L. 110–234, title XI, § 11015(b), May 22, 2008, 122 Stat. 1365, and Pub. L. 110–246, § 4(a), title XI, § 11015(b), June 18, 2008, 122 Stat. 1664, 2127.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and Page 739 TITLE 21—FOOD AND DRUGS § 473 (i)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Final regulations to carry out this section, referred to in subsec. (i)(1), were published in the Federal Reg- ister on May 2, 2011, eff. July 1, 2011; see 76 F.R. 24756. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 473. Grants for improvements to meat and poul- try facilities to allow for interstate shipment (a) In general The Secretary shall make grants to meat and poultry slaughter and processing facilities de- scribed in subsection (b) (including such facili- ties operating under State inspection or such fa- cilities that are exempt from Federal inspec- tion) to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activi- ties necessary— (1) to obtain a Federal grant of inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products In- spection Act (21 U.S.C. 451 et seq.), as applica- ble; or (2) to operate as a State-inspected facility that is compliant with— (A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) under the cooperative interstate shipment program established under section 501 of that Act (21 U.S.C. 683); or (B) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) under the cooperative interstate shipment program established under section 31 of that Act (21 U.S.C. 472). (b) Eligible facilities To be eligible for a grant under this section, a meat or poultry slaughter or processing facility shall be— (1) in operation as of the date on which the facility submits to the Secretary an applica- tion for the grant; and (2) seeking— (A) to obtain a Federal grant of inspection described in subsection (a)(1); or (B) to be eligible for inspection under a co- operative interstate shipment program de- scribed in subparagraph (A) or (B), as appli- cable, of subsection (a)(2), in a State that participates in that program. (c) Eligible activities A facility that receives a grant under this sec- tion may use the grant amount for— (1) the modernization or expansion of exist- ing facilities; (2) the modernization of equipment; (3) compliance with packaging and labeling requirements under applicable law; (4) compliance with safety requirements under applicable law; (5) the development of processes to ensure food safety; and (6) such other purposes as the Secretary de- termines to be appropriate. (d) Grant requirements (1) Amount The amount of a grant under this section shall not exceed $200,000. (2) Condition As a condition of receiving a grant under this section, a grant recipient shall agree that the grant recipient shall make a payment (or payments) to the Secretary in an amount equal to the amount of the grant if the recipi- ent, within 36 months of receiving such grant— (A) as applicable— (i) is not subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable; or (ii) is not eligible for inspection under a cooperative interstate shipment program described in subparagraph (A) or (B), as ap- plicable, of subsection (a)(2); or (B) is not making a good faith effort to be subject to such inspection or to be eligible under such a cooperative interstate ship- ment program, as applicable. (3) Matching funds (A) In general The Secretary shall require a recipient of a grant under this section to provide match- ing non-Federal funds in an amount equal to the amount of the grant. (B) Exception The Secretary shall not require any recipi- ent of a grant under this section to provide matching funds with respect to a grant awarded in fiscal year 2021 and fiscal year 2022. (e) Reports (1) Reports on grants made Beginning not later than 1 year after the date on which the first grant is awarded under this section, and continuing annually there- after through the year that is 10 years after the date on which the final grant is awarded under this section, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry and the Com- mittee on Appropriations of the Senate a re- port on grants made under this section, in- cluding— (A) any facilities that used a grant award- ed under this section to carry out eligible activities described in subsection (c) during the year covered by the report; and (B) the operational status of facilities that were awarded grants under this section. (2) Report on the cooperative interstate ship- ment program Beginning not later than 1 year after Decem- ber 27, 2020, the Secretary shall submit to the