INSPECTION AND GRADING.

SEC. 11016. INSPECTION AND GRADING.(a) Grading.—Section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622) is amended—(1) by redesignating subsection (n) as subsection (o); and(2) by inserting after subsection (m) the following new subsection:“(n) Grading Program.—To establish within the Department of Agriculture a voluntary fee based grading program for—122 STAT. 1369 “(1) catfish (as defined by the Secretary under paragraph (2) of section 1(w) of the Federal Meat Inspection Act (21 U.S.C. 601(w))); and“(2) any additional species of farm-raised fish or farm-raised shellfish—“(A) for which the Secretary receives a petition requesting such voluntary fee based grading; and“(B) that the Secretary considers appropriate.”.(b) Inspection.—(1) In general.—The Federal Meat Inspection Act is amended—(A) in section 1(w) (21 U.S.C. 601(w)) —(i) by striking “and” at the end of paragraph (1);(ii) by redesignating paragraph (2) as paragraph (3); and(iii) by inserting after paragraph (1) the following new paragraph:“(2) catfish, as defined by the Secretary; and”;(B) by striking section 6 (21 U.S.C. 606) and inserting the following new section:“Sec. 6. (a) In General.—For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as ‘Inspected and passed’ all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as ‘Inspected and condemned’ all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this chapter.“(b) Catfish.—In the case of an examination and inspection under subsection (a) of a meat food product derived from catfish, the Secretary shall take into account the conditions under which the catfish is raised and transported to a processing establishment.” ; and(C) by adding at the end of title I the following new section:“Sec. 25. Notwithstanding any other provision of this Act, the requirements of sections 3, 4, 5, 10(b), and 23 shall not apply to catfish.” .(2) Effective date.—122 STAT. 1370 (A) In general.—The amendments made by paragraph (1) shall not apply until the date on which the Secretary of Agriculture issues final regulations (after providing a period of public comment, including through the conduct of public meetings or hearings, in accordance with chapter 5 of title 5, United States Code) to carry out such amendments.(B) Regulations.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Commissioner of Food and Drugs, shall issue final regulations to carry out the amendments made by paragraph (1).(3) Budget request.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress an estimate of the costs of implementing the amendments made by paragraph (1), including the estimated—(A) staff years;(B) number of establishments;(C) volume expected to be produced at such establishments; and(D) any other information used in estimating the costs of implementing such amendments.