Amendments	Fiscal Memos
HA0293	Amendment 1-0 to HB0394

	Amendments	Fiscal Memos
SA0083	Amendment 1-1 to SB0123
SA0494	Amendment 2-1 to SB0123

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase State Revenue – $1,217,900/FY23-24/General Fund $892,200/FY24-25 and Subsequent Years/General Fund Increase State Expenditures – $1,217,900/FY23-24/Agricultural Regulatory Fund $892,200/FY24-25 and Subsequent Years/Agricultural Regulatory Fund Other Fiscal Impact - This legislation states that the Department of Agriculture may spend public funds of this state appropriated for administration of these inspections, equal to 50 percent of the state’s estimated costs of the cooperative program administered jointly by the department and the USDA; however, any responsibility of the USDA cannot be dictated nor assumed by this legislation; therefore, all estimated expenditures are assumed to be incurred at the state level.

Bill Summary

Present federal law authorizes states to establish state meat and/or poultry inspection programs. A state inspection program must enforce requirements that are at least equal to those imposed under the Federal Meat and Poultry Products Inspection Acts and the Humane Methods of Slaughter Act of 1978. Generally, meat or poultry that is inspected under a state inspection program may only be sold intrastate.

The Tennessee Meat and Poultry Inspection Act does not require the establishment of a state inspection program.

This bill separates the Tennessee Meat and Poultry Inspection Act into two parts. The Tennessee Poultry Inspection Act retains the present law as it pertains to poultry and will not require the establishment of a state poultry inspection program. The Tennessee Meat and Meat Products Inspection Act requires the commissioner of agriculture to cooperate with the United States secretary of agriculture in developing and administering a meat inspection program of this state to assure that its requirements will be at least equal to those imposed by the federal Meat Inspection Act. The types of meat to which the program will apply are livestock (cattle, sheep, swine, and goats) and deer. The full text of the portion of this bill that will enact the Tennessee Meat and Meat Products Inspection Act codifies various provisions of present state law and portions of the federal Meat Inspection Act. This bill authorizes the commissioner to exercise various duties related to the implementation and regulation of a state meat inspection program, including authorization to spend state funds for administration of this bill to pay 50 percent of this state's estimated total cost of the state/federal cooperative programs developed under this bill. This bill takes effect upon becoming a law for purposes of rulemaking and taking administrative action to implement this bill. For all other purposes, this bill takes effect January 1, 2024.

ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 394, AS AMENDED.

AMENDMENT #1 rewrites this bill to make various changes to the Tennessee Meat and Poultry Inspection Act (the "Act") and to establish a state meat inspection program under the Act.

This amendment designates the commissioner as the state official responsible for cooperating with the United States secretary of agriculture under the federal Meat Inspection Act. The commissioner is required to cooperate with the United States secretary of agriculture in developing and administering the meat inspection program of this state to assure that its requirements will be at least equal to those imposed by the federal Meat Inspection Act and in developing and administering the program of this state in a manner that will effectuate the Act and federal law.

The commissioner is authorized to accept advisory assistance form the United States secretary of agriculture in planning and developing the state program, technical and laboratory assistance and training, and financial and other aid for administration of the program. The commissioner is further authorized to spend public funds of this state, subject to appropriation in the general appropriations fund, for administration of this part to pay 50 percent of this state's estimated total cost of the cooperative programs developed. The commissioner may recommend to the United States secretary of agriculture such officials or employees of this state as the commissioner designates for appointment to the advisory committee under federal law, and the commissioner must serve as the representative of the governor of this state for consultation with the United States secretary of agriculture unless the governor designates another representative.

This amendment further authorizes the commissioner to cooperate with all other branches of government, county and municipal, and with county and municipal health departments or other agencies and may conduct such examinations, investigations, and inspections as provided for and as the commissioner determines practical through any officer or employee of this state or any municipality or county in this state qualified for such purpose. The commissioner is authorized to contract with any municipal or county health departments to carry out these provisions.

This amendment clarifies that for the purpose of preventing and eliminating burdens on intrastate commerce with respect to meat and meat products, the jurisdiction of the commissioner within the scope of this Act is exclusive, and a county or municipal board of health or other county or municipal agency does not have any power or jurisdiction to regulate the slaughtering of any livestock or the processing or transportation of the carcasses or parts of or the meat and meat food products of such animals, nor does any county or municipal board of health or other county or municipal agency have any power or jurisdiction with regard to the inspections, nor with respect to any other activity committed to the authority of the commissioner by the Act.

INSPECTIONS

This amendment requires the commissioner to hire:

(1) One state meat inspection administrator who is responsible for:

(A) Compiling documents to demonstrate adoption of, and statutory authority and food safety regulations to run, a meat inspection program; policies to implement inspection activities, sampling programs, humane handling, and compliance programs; civil rights accountability; and a proposed budget;

(B) Submitting the required documents to the federal food safety and inspection service (FSIS) of the United States department of agriculture, for the purpose of entering into a cooperative agreement with FSIS for a state meat inspection program; and

(C) Performing other duties concerning the administration of a state meat inspection program, as determined by the commissioner;

(2) One administrative assistant to assist the program administrator in carrying out the program administrator's duties; and

(3) Sufficient staff to inspect:

(A) Livestock that are subject to inspection under the Act;

(B) Livestock carcasses, parts of livestock carcasses, and meat food products; and

(C) Sanitary conditions of official establishments in which meat and meat food products are prepared.

This amendment clarifies that the commissioner may cooperate with the federal government in carrying out the Act or the federal Meat Inspection Act for a state inspection program for interstate commerce.

RULEMAKING

This amendment requires the commissioner to promulgate rules and appoint qualified personnel as necessary to establish a state meat inspection program within the department of agriculture to perform inspections required under present law. The rules must establish standards for meat and meat food products, and prescribe labeling and advertising standards and requirements for meat and meat food products. The commissioner must consult with the department of health and representatives of the meat industry in this state when promulgating rules.

This amendment changes the effective date to be upon becoming a law for the purposes of hiring a state meat inspection director, promulgating rules, and taking all other administrative actions necessary to effectuate the provisions. For all other purposes, the effective date is 30 days following the receipt from the federal food safety and inspection service of the United States department of agriculture that Tennessee has met the requirements of the federal Meat Inspection Act.