BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.6.712 pertaining to food safety and inspection service (meat and poultry)

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

           

TO: All Concerned Persons

 

            1. On June 2, 2014, the Department of Livestock proposes to amend the above-stated rule.

 

            2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on April 30, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.

 

            3. The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

            32.6.712 FOOD SAFETY AND INSPECTION SERVICE (MEAT, POULTRY)

            (1)  The Department of Livestock hereby incorporates by reference the following as they were effective July 25, 1996 March 18, 2014:

            (a)  9 CFR 301 300.1 through 9 CFR 320.7 321.3;

            (b) through (d) remain the same.

            (e)  9 CFR 381 381.1 through 9 CFR 381.37 381.103;

            (f) 9 CFR 381.45 through 9 CFR 381.95;

            (g) through (i) remain the same but are renumbered (f) through (h).

            (i)  9 CFR 381.210 through 9 CFR 381.218;

            (j)  9 CFR 381.300 through 9 CFR 381.311 381.524;

            (k)  9 CFR 416; 416.1 through 9 CFR 441.10; and

            (l)  9 CFR 417; 500.1 through 9 CFR 500.8.

            (m)  9 CFR 424; and

            (n)  9 CFR 500.

            (2)  The Department of Livestock incorporates by reference the following as they were effective January 9 and June 6, 2003:

            (a)  9 CFR 430.1;

            (b)  9 CFR 430.4; and

            (t) 9 CFR 441.10.

            (3)  The Department of Livestock incorporates by reference the following as they were amended effective April 17, 2009:

            (a)  9 CFR 309:

            (b)  9 CFR 310;

            (c)  9 CFR 318.

            (4)  The Department of Livestock incorporates by reference the following as they were added effective May 1, 2008:

            (a)  9 CFR 381.210 through 381.218.

            (5)  The Department of Livestock incorporates by reference the following as they were amended effective September 8, 2010.

            (a)  9 CFR 422.

            (6) remains the same but is renumbered (2).

            (a) through (r) remain the same.

            (s)  Any reference to "Compliance Staff, Meat and Poultry Inspection Field Operations, Food Safety and Inspection Service, U.S.D.A., Washington, D.C. 20250" will mean "Chief Inspector in Charge, Meat and Poultry Inspection Program, Montana Department of Livestock, Capitol Station P.O. Box 202001, Helena, Montana 59620-2001."

            (t) through (ai) remain the same.

            (7) (3) CFR's are The Code of Federal Regulations is available for review at the Montana State Law Library, 215 North Sanders in Helena or online at www.access.gpo.gov/hara/cfr/index.html www.ecfr.gov.

 

            AUTH:            81-2-102, 81-9-220, MCA

            IMP:                81-2-102, 81-9-217, 81-9-220, MCA

 

Reason: The department is amending the above-stated rule to bring it up to date with current federal regulations effective as of March 18, 2014. No fees have been added or changed.

 

            4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov and must be received no later than 5:00 p.m., May 12, 2014.

            5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m., May 12, 2014.

 

            6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

 

            7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

            8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of this notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

            9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

DEPARTMENT OF LIVESTOCK

BY:      /s/ Christian Mackay                        BY:      /s/ Robert Stutz

            Christian Mackay                                         Robert Stutz

            Executive Officer                                         Rule Reviewer

            Board of Livestock

            Department of Livestock

           

Certified to the Secretary of State March 31, 2014