[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5038
To direct the Secretary of Agriculture to publish criteria for the
review of requests by certain meat or poultry establishments to operate
at alternate inspection rates, to review and respond to such requests,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 26, 2025
Mr. Finstad (for himself, Mr. Smith of Nebraska, Mr. Moore of Alabama,
Mr. Feenstra, Mrs. Fischbach, Mr. Flood, Mr. Clyde, and Mr. Baird)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to publish criteria for the
review of requests by certain meat or poultry establishments to operate
at alternate inspection rates, to review and respond to such requests,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Protein Processing
Modernization Act''.
SEC. 2. REQUESTS FOR ALTERNATE INSPECTION RATES OF MEAT AND POULTRY.
(a) In General.--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--
(1) 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
(2) begin reviewing and responding to such requests from
such establishments.
(b) Response.--
(1) In general.--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--
(A) 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
(B) 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.
(2) Failure by secretary to respond.--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.
(c) Continuation of Operations at Certain Establishments.--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--
(1) so long as the establishment maintains effective
process control; or
(2) 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.
(d) Duration of Approved Requests.--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).
(e) Noncompliance and Revocation.--
(1) Notice of noncompliance.--The Secretary shall provide--
(A) 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
(B) 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.
(2) Response to noncompliance.--
(A) In general.--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--
(i) at the discretion of the Secretary,
provide the establishment an additional
opportunity to remedy the failures described in
such notice; or
(ii) 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.
(B) Rule of construction.--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).
(3) Timeline for adjusting inspection rates.--
(A) In general.--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).
(B) Minimization of negative impacts.--In
establishing the timeline for adjusting inspection
rates described in subparagraph (A), the Secretary
shall--
(i) consider potential effects on live
animal production and sourcing; and
(ii) consult with the establishment to
which such rates shall apply to minimize
negative impacts--
(I) 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;
(II) on animal producers or
growers; and
(III) on animal welfare.
(4) Applicability.--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).
(f) Definitions.--In this section:
(1) Alternate inspection rates.--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).
(2) Establishment.--The term ``establishment'' means--
(A) an official establishment that is subject to
inspection under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
(B) an official establishment that is subject to
inspection under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
(g) Rule of Construction.--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--
(1) the safety of establishment workers; or
(2) any environmental effects related to alternate
inspection rates.
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