12 2 STA T . 212 5PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (2)PROHIB I TED E S T A B L ISH M E N TS .—Incar r yi n goutp ara - grap h ( 1 ) , th eS ecretary, in coor d ination w ith an appropriate State agency, s ha l l not select an esta b lish m ent that— ‘‘( A )ona v erage, employs more than 2 5 employees (including supervisory and nonsupervisory employees), as de f ined 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 F ederal 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). ‘‘(c) R EIMBURSEMENT OF STATE COSTS.—The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal re q uire- ments in an amount of not less than 60 percent of eligible State costs. ‘‘(d) COORDINATION BET W EEN FEDERAL AND STATE AGENCIES.— ‘‘(1) IN GENERAL.—The Secretary shall designate an employee of the Federal G overnment as State coordinator for each appropriate State agency— ‘‘(A) to provide oversight and enforcement of this title; and
�
