Page:United States Statutes at Large Volume 122.djvu/1389

 12 2 STA T . 1 36 6 PUBLIC LA W 11 0– 23 4—M A Y 22, 200 8undergo ne al lne c e s sar yi ns p ec t ion training and certi f ication to assist t h e S ecretary in the ad m inistration and enforcement of this A ct , including rules and regulations issued under this Act .‘ ‘ (3)ELIG I B L E E STA BLIS HM E N T. —T he term ‘eligi b le establishment ’ means an establishment that is in compliance w ith— ‘‘(A) the State inspection program of the State in which the establishment is located and ‘‘( B ) this Act, including rules and regulations issued under this Act. ‘‘( 4 ) POU LT RY ITEM.—The term ‘poultry item’ means— ‘‘(A) a portion of poultry; and ‘‘(B) a poultry product. ‘‘( 5 ) SELE C TE D ESTABLISHMENT.—The term ‘selected establishment’ means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship poultry items in interstate commerce. ‘‘(b) AUTHORITY O F SECRETARY TO ALLO W SHI P MENTS.— ‘‘( 1 ) I N GENERAL.—Sub j ect to paragraph ( 2 ), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establish - ment to ship poultry items in interstate commerce, and place on each poultry item shipped in interstate commerce a F ederal mar k , stamp, tag, or label of inspection, if— ‘‘(A) the poultry item q ualifies for the Federal mark, stamp, tag, or label of inspection under the requirements of this Act; ‘‘(B) the establishment is an eligible establishment; and ‘‘( C ) inspection ser v ices for the establishment are pro- vided by designated personnel. ‘‘(2) PROHIBITED ESTABLISHMENTS.—In carrying out para- graph (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 car- casses, or poultry items that are inspected by the Secretary in accordance with this Act; ‘‘(C)(i) is a Federal establishment; ‘‘(ii) was a Federal establishment as of the date of the enactment of this section, and was reorgani z ed 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

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