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State-Inspected Meat and Poultry: Issues for Congress (CRS Report for Congress)

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Release Date May 22, 2008
Report Number RL34202
Report Type Report
Authors Geoffrey S. Becker, Resources, Science, and Industry Division
Source Agency Congressional Research Service
Summary:

Federal law has prohibited state-inspected meat and poultry plants from shipping their products across state lines. The final conference version of H.R. 2419, the omnibus farm bill, amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit such interstate shipment under certain conditions. Limiting state-inspected products to intrastate commerce is unfair, many state agencies and state-inspected plants have long argued, because the 27 currently state-operated programs by law already must be, and are, "at least equal" to the federal system. Meanwhile, foreign plants operating under U.S. Department of Agriculture (USDA)-approved foreign programs, which are to be "equivalent" to the U.S. program, can export meat and poultry products into and sell them anywhere in the United States. Advocates for change have contended that they should not be treated less fairly than the foreign plants which, they say, are not as closely scrutinized as state plants. Opponents have argued that state programs are not required to have, and do not have, the same level of safety oversight as the federal, or even the foreign, plants. For example, foreign meat and poultry products are subject to U.S. import reinspection at ports of entry, and again, when most imported meat is further processed in U.S.-inspected processing plants. Opponents also have contended that neither the USDA Office of Inspector General in a 2006 report nor a relevant 2002 federal appeals court ruling would agree, without qualification, that state-inspected meat and poultry were necessarily as safe as federally inspected products. The Senate-passed farm bill—the approach ultimately adopted by conferees—supplements the current federal-state cooperative inspection program with a provision whereby state-inspected plants with 25 or fewer employees could opt into a new program that subjects them to federally directed but state-operated inspection, thus allowing them to ship interstate. The Senate version reportedly was developed as a compromise by those on both sides of the issue. The House-passed farm bill would have replaced (rather than supplemented) the current federal-state cooperative inspection programs with a new program to enable meat and poultry that is not federally inspected to be shipped across state lines, so long as the state programs adopted standards identical to those of USDA along with any additional changes USDA required. The House bill also would have enabled many plants currently under federal inspection to apply for state inspection and continue to ship interstate. Opponents of this change feared that many would seek to opt out of the federal system if they believed that could receive more lenient oversight by the states—an assertion that state proponents dismissed. If the conference farm bill becomes law, as many anticipate, stakeholders will next turn their attention to USDA, where implementation details will be determined through the rulemaking process.