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Under current law, meat and poultry products (beef, poultry, pork, lamb and goat) inspected under state inspection programs may only be sold within the borders of the state in which it is inspected. S. 1149 and S. 1150 are two different approaches to allow interstate sales of state inspected meat and poultry products. S. 1149, introduced by Senators Herb Kohl (WI), Max Baucus (MT) and Kent Conrad (ND), removes the statutory prohibition on interstate shipment of state-inspected meat poultry without spelling out any new or additional conditions or requirements for the state inspection programs. Senators Orrin Hatch (UT) and Michael Enzi (WY) have introduced S. 1150 which eliminates the prohibition on interstate shipment of state-inspected meat and poultry products by outlining several detailed requirements to “harmonize” state and federal inspection programs. Both bills will resolve a basic inequity, which has existed since 1967.
BACKGROUND
Under an outdated and unfair law from the 1960’s, over 2,000 domestic state inspected businesses and meat processors cannot sell and ship meat and poultry products outside state lines, but those same products from 34 foreign countries can be freely sold and shipped anywhere in the United States. Currently, no other food commodities inspected by state authorities are prohibited from being shipped across state lines. Other state-inspected food products such as milk, dairy products, fruit, vegetables, fish and shellfish are freely marketed across the country. Additionally, the restriction on interstate meat sales does not apply to “non-amenable” products—such as venison, pheasant, quail, rabbit, and a host of others. These products are normally regulated by state inspection programs, yet can be shipped in interstate commerce without restriction.
Three USDA advisory committees have recommended that the outdated ban on interstate sales be removed; creating jobs and stimulating rural economic development. Also, more than 40 national, state and local agricultural organizations have urged Congress to level the economic playing field for small meat processors, and to allow them national market access.
BILL HIGHLIGHTS
Under current law, Title III of the Federal Meat Inspection Act (FMIA) and Section 5 of the Poultry Products Inspection Act (PPIA), establish the federal-state cooperative inspection programs. USDA is responsible for administering and overseeing these programs in cooperation with the states.
S.1149 simply removes the statutory prohibition on interstate shipment of state-inspected meat poultry. The Kohl bill leaves Title III and Section 5 in place, and strikes out the interstate prohibition–but the bill does not spell out any new or additional conditions or requirements for the state inspection programs. This means that states will continue to maintain their current cooperative agreements with USDA (which require state inspection programs to be “at least equal to” the federal inspection program). USDA will continue their oversight of state programs which includes an annual review of nine detailed components. States will still be required to implement any directives and guidance issued by USDA.
S. 1150 eliminates the prohibition on interstate shipment of state-inspected meat and poultry products. The Hatch bill re-writes Title III and Section 5 and outlines several detailed requirements to “harmonize” state and federal inspection programs. Specifically, states would be required to: (1) enter into new cooperative agreements with USDA to administer their inspection programs; (2) adopt laws and regulations which are identical to the federal inspection program; and (3) comply with USDA labeling requirements, but retain use of their official state inspection mark. Other requirements are: (4) USDA will reimburse states for not less than 50 percent of the state costs for operating the inspection program; (5) the size of plants that can be accepted into a state inspection program is limited to 50 employees (to control potential costs of administering state inspection programs); (6) USDA will continue to sample both federal and state-inspected products to confirm enforcement of food safety requirements; (7) USDA will continue to conduct annual reviews of state inspection programs to ensure compliance with the new cooperative agreement; (8) outlines procedures for USDA to take control of state inspection programs if a state fails to comply with the new cooperative agreement.
S. 1150 has two parts–the first part amends Title III of the Meat Inspection Act. The second part uses the same corresponding language to amend Section 5 of the Poultry Inspection Act.
GRANGE POLICY
Food and Meat Inspection Programs
2. The National Grange supports legislation to eliminate the unfair prohibition against the interstate shipment of state inspected meat and poultry products if the state meat and poultry inspection service is equal to or better than the federal meat and poultry inspection service system.
Action Needed
Please e-mail your U. S. Senators urging them to co-sponsor and vote in favor of S. 1149 and S. 1150. Please feel free to cut and paste the following sample letter. If you do not know your Senators e-mail addresses please click here to find them.
Sample E-mail:
Dear Senator__________,
I am writing to urge you to co-sponsor and support S. 1149 and S. 1150. These pieces of legislation eliminate the prohibition on interstate shipment of state-inspected meat and poultry products. Although the bills have different approaches, both will resolve a basic inequity, which has existed since 1967. Under an outdated law, over 2,000 domestic state inspected businesses and meat processors cannot sell and ship meat and poultry products outside state lines, but those same products from 34 foreign countries can be freely sold and shipped anywhere in the United States. Currently, no other food commodities inspected by state authorities are prohibited from being shipped across the country.
Three USDA advisory committees have recommended that the outdated ban on interstate sales be removed because it would create jobs and stimulate rural economic development. Also, more than 40 national, state and local agricultural organizations have urged Congress to level the economic playing field for small meat processors, and to allow them national market access. Interstate meat sales legislation will provide economic fairness and open markets. Increased markets will not only benefit producers, processors and small businesses, but it also gives consumers more choices at the supermarket.
Again, please co-sponsor and vote in favor of S. 1149 and S. 1150. Thank you.
Sincerely,
(Signature)
(Name)_________________
(Grange name and number) ________________
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If you have any questions or comments regarding this Action Alert, please contact Legislative Director Leroy Watson by e-mail: lwatson@nationalgrange.org or by phone: 1-888-4GRANGE, ext. 114.
Thank you for your grassroots participation in the National Grange Legislative Program.
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