12 2 STA T . 1 36 3 PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8inwh i c h a n est a bl ish m entisl o cate d, ma y select the establish - ment to shi p ca r casses, portions o f carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a F ederal mar k , stamp, ta g , or label of inspection, if —‘ ‘ (A) the carcass, portion of carcass, or meat item qu ali- fies for the mark, stamp, tag, or label of inspection under the requirements of this Act
‘‘( B ) the establishment is an eligible establishment; and ‘‘( C ) inspection ser v ices for the establishment are pro- vided by designated personnel . ‘‘( 2 ) PROHIB I TED E S T A B L ISH M E N TS.— I n carrying out para- graph ( 1 ), the S ecretary, in coordination with an appropriate State agency, shall not select an establishment that— ‘‘(A) on average, employs more than 2 5 employees (including supervisory and nonsupervisory employees), as defined by the Secretary; ‘‘(B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of car- casses, or meat items that are inspected by the Secretary in accordance with this Act; ‘‘(C)(i) is a Federal establishment; ‘‘(ii) was a Federal establishment that was reorgani z ed on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or ‘‘(iii) was a State establishment as of the date of the enactment of this section that— ‘‘(I) as of the date of the enactment of this section, employed more than 25 employees; and ‘‘(II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; ‘‘( D ) is in violation of this Act; ‘‘( E ) is located in a State that does not have a State inspection program; or ‘‘(F) is the sub j ect of a transition carried out in accord- ance with a procedure developed by the Secretary under paragraph ( 3 )(A). ‘‘(3) ESTABLISHMENTS THAT EM P LO Y MORE THAN 25 EMPLOYEES.— ‘‘(A) DE V ELOPMENT O F PRO C ED U RE.— T he Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees. ‘‘(B) ELI G IBILITY OF CERTAIN ESTABLISHMENTS.— ‘‘(i) IN GENERAL.—A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection. ‘‘(ii) PROCEDURES.—A State establishment shall be subject to the procedures established under subpara- graph (A) beginning on the date that is 3 years after the effective date described in subsection (j).
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