H.R. 5038

[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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