12 2 STA T . 212 8PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 ‘ ‘ (B)thisAc t , i n c lud in gr ul e s a nd regulati o ns issued under this Act . ‘‘( 4 ) POULTRYI T EM . —T he ter m ‘ p oultr y item ’ means— ‘‘(A) a portion o f poultry
and ‘‘(B) a poultry product. ‘‘( 5 ) S ELE C TE D E S T AB LIS H ME N T.—The term ‘selected esta b lishment’ means an eligible establishment that is selected by the Secretary, in coordination w ith the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship poultry items in interstate commerce. ‘‘(b) AUTHORITY O F SECRETARY TO ALLO W SHI P MENTS.— ‘‘( 1 ) I N G ENERAL.—Sub j ect to paragraph ( 2 ), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establish - ment to ship poultry items in interstate commerce, and place on each poultry item shipped in interstate commerce a F ederal mar k , stamp, tag, or label of inspection, if— ‘‘(A) the poultry item q ualifies for the Federal 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) PROHIBITED ESTABLISHMENTS.—In carrying out para- graph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— ‘‘(A) on average, employs more than 25 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 poultry items that are inspected by the Secretary in accordance with this Act; ‘‘(C)(i) is a Federal establishment; ‘‘(ii) was a Federal establishment as of the date of the enactment of this section, and 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 subject of a transition carried out in accord- ance with a procedure developed by the Secretary under paragraph ( 3 )(A). ‘‘(3) ESTABLISHMENTS THAT EMPLOY MORE THAN 25 EMPLOYEES.—
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