USC - Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments

View all text of Chapter 10 [§ 451 - § 473]

§ 472. Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments

(a) Definitions

(1) Appropriate State agency

(2) Designated personnel

(3) Eligible establishmentThe 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 regulations issued under this chapter.

(4) Poultry itemThe term “poultry item” means—

(A) a portion of poultry; and

(B) a poultry product.

(5) Selected establishment

(b) Authority of Secretary to allow shipments

(1) In generalSubject to paragraph (2), the Secretary, in coordination with the appropriate State agency 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 interstate commerce a Federal mark, stamp, tag, or label of inspection, if—

(A) the poultry item qualifies for the Federal mark, stamp, tag, or label of inspection under the requirements of this chapter;

(B) the establishment is an eligible establishment; and

(2) Prohibited establishmentsIn 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 employees (including supervisory and nonsupervisory employees), as defined by the Secretary;

(B) as of the date of the enactment of this section, ships in interstate commerce carcasses, 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 controlled 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 controlled 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 developed by the Secretary under paragraph (3)(A).

(3) Establishments that employ more than 25 employees

(A) Development of procedure

(B) Eligibility of certain establishments

(i) In general

(ii) Procedures

(d) Coordination between Federal and State agencies

(1) In generalThe Secretary shall designate an employee of the Federal Government as State coordinator 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

(3) Duties of State coordinator

(A) In general

(B) Quarterly reports

(C) Immediate notification requirementIf a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation 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 establishment.

(4) Performance evaluations

(e) Audits

(1) Periodic audits conducted by Inspector General of the Department of Agriculture

(2) Audit conducted by Comptroller General of the United StatesNot 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 implementation of this section to determine—

(A) the effectiveness of the implementation of this section; and

(B) the number of selected establishments selected by the Secretary to ship poultry items under this section.

(f) Transition grants

(g) Violations

(h) Effect

(i) Effective date

(1) In general

(2) Requirement

(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.)