Pub. L. 111-80, tit. VII, sec. 743

Sec. 743. (a) None of the funds made available by this Act may be used to promulgate or implement a poultry products inspection rule allowing processed poultry or processed poultry products to be imported into the United States from the People’s Republic of China unless the Secretary of Agriculture formally notifies Congress that the Department will—(1) not provide any preferential consideration to any application by the People’s Republic of China for authorization to export poultry or poultry products to the United States;(2) conduct audits of inspection systems and on-site reviews of slaughter and processing facilities, laboratories and other control operations before any Chinese facilities are certified as eligible to ship poultry or poultry products to the United States and, in subsequent years, to conduct such audits and reviews at least once annually or more frequently as the Secretary determines necessary;(3) implement a significantly increased level of port of entry re-inspection;(4) establish and conduct a formal and expeditious information sharing program with other countries importing processed poultry or processed poultry products from China that have conducted audits and plant inspections; 0(5) report to the House and Senate Committees on Appropriations within 120 days of the date of enactment of this Act, and every 180 days thereafter for an indefinite period, with respect to the promulgation or implementation of any poultry products inspection rule authorizing the People’s Republic of China to export poultry or poultry products to the United States, including—(A) actions taken or to be taken by the Secretary, including new audits and on-site reviews, to implement any poultry products inspection rule authorizing the People’s Republic of China to export processed poultry or processed poultry products to the United States;(B) actions taken or to be taken by the Secretary, including new audits and on-site reviews, to determine whether the poultry inspection system of the People’s 123 STAT. 2129 Republic of China achieves a level of sanitary protection equivalent to that achieved under United States standards;(C) actions taken or to be taken by the Secretary to determine whether the administration and enforcement of the poultry and poultry products inspection system of the People’s Republic of China ensures that it achieves a level of sanitary protection equivalent to that achieved under United States standards;(D) the level of port of entry re-inspections to be conducted on processed poultry and processed poultry products offered for importation into the United States from the People’s Republic of China; and(E) a work plan incorporating any understandings or agreements between FSIS and relevant authorities of the People’s Republic of China with respect to carrying out the Secretary’s assessment of the equivalency of the poultry products inspection system of the People’s Republic of China;(6) make publicly available, no later than 30 days from the date they are finalized, the reports of any new audits and on-site reviews conducted by the Secretary, and, in addition, when such audit or review is being conducted to determine whether the People’s Republic of China’s poultry inspection system achieves a level of sanitary protection equivalent to that achieved under United States standards, to make the final report of such audit or review publicly available no later than 30 days prior to the publication of any notice of proposed rulemaking for such determination; and(7) make publicly available a list of facilities in the People’s Republic of China certified to export poultry or poultry products to the United States and to notify the House and Senate Committees on Appropriations if the number of facilities certified by the People’s Republic of China exceeds ten.(b) None of the funds made available by this Act may be used to promulgate any proposed or final rule allowing the importation into the United States of poultry slaughtered or poultry products produced from poultry slaughtered in the People’s Republic of China unless such rule is promulgated in accordance with the procedures for significant rules specified in Executive Order 12866.(c) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.