CS/SB 37 MEAT INSPECTION ACT

Sen Elizabeth "Liz" Stefanics

Actions: [1] SCC/SJC/SFC-SCC [2]germane-SJC [6] DNP-CS/DP-SFC- DP [7] PASSED/S (39-0) [10] HAAWC-HAAWC- DP [14] PASSED/H (68-0) SGND BY GOV (Mar. 5) Ch. 60.

Scheduled: Not Scheduled

 Senate Bill 37 (SB 37) enacts the Meat Inspection Act. SB 37 authorizes the New Mexico Livestock Board to conduct meat inspections for safety and quality for human consumption. It creates the office of meat and poultry inspection and provides for actions and penalties. SB 37 provides exemptions for ritual slaughter and humane slaughter.
 

 Senate Bill 37 (SB 37) enacts the Meat Inspection Act (Act) and provides definitions in Section 1 and Section 2.

SECTION 3 creates the office of meat and poultry inspection, species duties, qualifications and compensation, as follows:

A. The office of meat and poultry inspection (Office) is created under the board, subject to the control and direction of the executive director of the board. The board shall appoint an inspection director who meets the requirements established by the board. 

B. The inspection director shall supervise state meat inspection and enforce and carry out the provisions of the Act. 

C. Upon approval by the inspection director, the board shall appoint and fix salaries of an inspector and a veterinary meat inspector, who shall conduct ante-mortem and post-mortem inspections, enforce sanitary requirements, perform other duties necessary to conduct proper meat inspection and carry out the provisions of the Act. 


D. An inspector assigned to an official establishment shall neither be related to the management of the establishment nor have a financial interest in the establishment. 


E. Each inspector shall take the oath of office. 


SECTION 4 provides for an application process for state meat inspection services, inspections and inspection stamps and establishment numbers. 

A. The board shall create an application process for those seeking state meat inspection services.

B. The board shall provide for periodic investigations of the sanitary conditions of each official 
establishment to grant or withdraw inspection services.

C. The Office  shall inspect the applicant's facilities to determine if they are clean and sanitary and meet the requirements of the Act. The inspection director makes a recommendation on the application to the board, which may adopt the recommendation. Upon approval, the board shall assign an establishment number.

D. The board shall provide meat inspection stamps that contain the words specified in this subsection and assign establishment numbers.


E. The board shall design inspection stamps so as not to be in conflict with the inspection stamps of the United States Department of Agriculture (USDA).  

F. An official establishment may use symbols of the inspection stamps so long as they are in compliance with the provisions of the Act. 

G. Meat inspection stamps shall at all times be under the immediate jurisdiction of the inspection director. 


SECTION 5 directs the assignment of inspectors, as follows:
A. A slaughtering establishment granted state meat inspection services shall notify the inspection director of its hours of slaughter, and the inspection director shall assign inspectors to the establishment to ensure that an inspector is present during all periods of slaughter.

B. A slaughtering establishment may slaughter beyond eight hours in one day or on holidays or Sundays .The inspection director shall assign an inspector to conduct meat inspection at those times. A slaughtering establishment shall pay overtime fees to the board. A slaughtering establishment is not permitted to slaughter unless there is an assigned inspector on the premises during all periods of slaughter. 

SECTION 6 requires ante-and post-mortem inspections, as follows:
A. An establishment shall have an ante-mortem inspection. The inspector assigned shall examine each animal immediately prior to slaughter for the purpose of eliminating all unfit animals. The unfit animals shall not be permitted to enter the slaughtering department of the plant. The suspected animals that are permitted to be slaughtered after inspection shall be handled separately and given a special post-mortem examination.

B. An establishment shall have a post-mortem inspection made at the time the animals 
are slaughtered. The inspector shall perform a thorough examination of the carcass in accordance with the rules promulgated by the board. The examination shall be conducted in the slaughtering department of the plant during the slaughtering operations.  

C. The inspection director or an inspector shall have the laboratory of the board or a laboratory designated by the board conduct pathogenic examination of animals for completion of ante-mortem or post-mortem inspection. 

SECTION 7 provides establishment duties, records, plans and reassessments. An official establishment shall: 
A. conduct ante-mortem and post-mortem inspections, quarantines, segregation and reinspections; 

B. inspect livestock and poultry and mark and label meat products as specified; 

C. destroy meat products that have been marked condemned; 

D. maintain full and complete records of all transactions involving meat and make the records available on request to the inspection director or an inspector at any reasonable time; 

E. prepare and maintain current procedures for the recall of meat or meat products produced and shipped by the establishment; 

F. document each reassessment of the process control plans of the establishment; and 

G. make the procedures and reassessed process control plans available to an inspector for review and copying. 

SECTION 8 allows for appeal to the Office, to the board, and to the district court.

SECTION 9 provides that the board, upon recommendation of the inspection director, shall adopt rules as specified in this section.

SECTION 10 defines what constitutes adulterated or misbranded meat as specified in Subsection A and Subsection B.

SECTION 11 specifies prohibited acts and penalties. Except as otherwise provided in Subsection A of the Act, it is a: 
(1) misdemeanor for a person to take any actions that violate the Act, including slaughtering in violation of the Act; selling or transporting adulterated, misbranded, condemned or inspected meat; and falsely representing meat as inspected.
(2) fourth degree felony for a person to: commit any of the acts specified in this subdivision. A person who violates provisions of Subsection A shall be sentenced in accordance with provisions of Section 31-19-1 or 31-19-15 NMSA 1978.

SECTION 12 allows for exemptions for a person who slaughters meat for personal or household use; prepares meat products for personal use; or transports unfit animals for treatment, burial or disposal that would prevent the carcasses from being used as human food. 

SECTION 13 prohibits interference with board officials and personnel. Interference is a misdemeanor.

SECTION 14 provides that the board and inspection director shall cooperate, request advice and consult with employees of specified relevant federal departments, including such matters as relate to potability of water, sewerage systems and other sanitary conditions of meat processing establishments. Relevant departments may make additional health inspections.

SECTION 15 allows the board to suspend or revoke inspection services or establishment number and provide for hearings and appeal.
A.The board may suspend or revoke inspection services for noncompliance with:

(1) a provision of the Act; 
(2) a rule issued pursuant to the Meat Act; or 
(3) minimum requirements established by the DOH or the DOE for sanitary conditions of slaughtering and meat processing establishments. 

B. The board may suspend or revoke state meat inspection services or an establishment number only after a hearing before the board upon reasonable notice as specified in this subsection.


C. A decision of the board is final in a matter relating to renewal, suspension or revocation of state meat inspection services or establishment numbers unless the person aggrieved appeals to the district court. 


SECTION 16 allows the board to apply to district court to restrain a person from violating the Act. 

SECTION 17 specifies the provisions of the Act apply to all who are regulated under the Federal Meat Inspection Act, the federal Poultry Products Inspection Act and the Federal Humane Methods of Slaughter Act of 1978. 

SECTION 18 requires notification of the inspection director if an official establishment has knowledge that adulterated or misbranded meat has been entered into commerce.

SECTION 19 requires slaughtering shall be humane and religious slaughter is exempted from the Act.

SECTION 20 makes the effective date of these provisions July 1, 2024. 

 The Senate Judiciary Committee substituted SB 37. SJCcs/SB 37 is substituted as follows:
SB 37 was 23 pages, which included:
- creating the Meat Inspection Act,
- authorizing the New Mexico Livestock Board to conduct meat inspections,
creating an office of Meat and Poultry Inspection, 
providing for inspection stamps and establishment numbers, 
providing penalties and providing exceptions for ritual slaughter.

The substituted bill contains 3 pages, as follows:
SJCcs/SB 37 authorizes the creation of a state meat inspection program and provides penalties.
Section 1A of SJCcs/SB 37 adds a new section of Chapter 25 NMSA 1978 to direct the New Mexico Livestock Board (Board) shall adopt rules necessary to establish a comprehensive meat inspection program for the inspection, processing and sale of meat and poultry that meets or exceeds the specified federal meat, poultry and slaughter acts. 

The Board shall create rules to license facilities, establish license requirements and fees and provide inspection services — and deem horse meat slaughtered for human consumption as adulterated. 

B. The Board shall only administer and enforce the program if it receives approval from the federal government for a state meat inspection program.

C. Provides penalties.

D. The Board shall actively seek and maintain coordination with federal authorities to ensure alignment with and approval of the state meat inspection program.

SECTION 2 makes the effective date July 1, 2024. 

 

 SB 37 duplicates HB 162.