H.R. 5038 — American Protein Processing Modernization Act

This section establishes a process for official meat and poultry establishments to request and operate at alternate inspection rates (i.e., post-mortem inspection rates exceeding maximums under regulations implementing the Federal Meat Inspection Act and Poultry Products Inspection Act). Not later than 90 days after enactment, the Secretary of Agriculture must (1) publish food safety criteria in the Federal Register for evaluating such requests and (2) begin reviewing and responding to requests, approving those meeting the criteria or denying others in writing with detailed reasons within 90 days (with non-response deemed approval). Existing establishments operating at alternate rates as of enactment may continue so long as they maintain effective process control or until the Secretary approves or denies a new request. Approved requests remain in effect while criteria are met; noncompliance triggers written notice, a 180-day remediation period (potentially extended), and possible revocation with a timeline for reverting to standard rates—considering impacts on animal production, contracts, producers, growers, and welfare. Revoked establishments may reapply if they meet criteria; the section disclaims Department of Agriculture or Food Safety and Inspection Service liability for worker safety or environmental effects related to alternate rates.