American Protein Processing Modernization Act

Predictability for Meat and Poultry Establishments: The bill requires the Secretary to publish clear food safety criteria within 90 days, which provides a standard for establishments to follow when requesting alternate inspection rates (Section 2(a)(1)).

Timely Decision-Making: By requiring a response to requests within 90 days, the bill ensures that establishments are not left waiting indefinitely for a decision (Section 2(b)(1)).

Automatic Approval for Lack of Action: If the Secretary fails to respond to a request within the 90-day window, the request is deemed approved, providing a fallback for businesses (Section 2(b)(2)).

Business Continuity: Establishments already operating at alternate rates can continue doing so as long as they maintain effective process control or until a request is officially decided (Section 2(c)).

Minimized Disruption during Revocation: If an establishment's rates must be adjusted due to noncompliance, the Secretary is required to consider effects on live animal production and sourcing, and must consult with the establishment to minimize negative impacts on contractual obligations, animal producers or growers, and animal welfare (Section 2(e)(3)(B)).

Risk of Unreviewed Requests: Because a failure by the Secretary to respond within 90 days results in a request being "deemed to have been approved," there is a possibility that requests could move forward without a formal response from the government (Section 2(b)(2)).

Potential for Revocation of Inspection Rates: If an establishment fails to meet the required food safety criteria after receiving notice, the Secretary has the authority to revoke the establishment's ability to operate at alternate inspection rates (Section 2(e)(2)(A)(ii)).

Exclusion of Liability: The bill states that the Department of Agriculture or the Food Safety and Inspection Service bears no liability or responsibility regarding the safety of establishment workers or any environmental effects related to the alternate inspection rates (Section 2(g)).