[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20184]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 91-037F]
[RIN 0583-AB54]

 

Badges for Persons Authorized to Conduct Federal Poultry 
Inspection

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
poultry products inspection regulations to require the use of numbered 
official badges to identify persons authorized to conduct Federal 
inspection under the Poultry Products Inspection Act. Such persons may 
be our employees or employees of other Federal agencies or State 
agencies working under agreements with us. The amendment confirms our 
current practice of issuing badges to such persons and removes an 
inconsistency between the meat and the poultry products inspection 
regulations.

EFFECTIVE DATE: August 17, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Lester Nordyke, Director, Federal-
State Relations, Inspection Operations, Food Safety and Inspection 
Service, U.S. Department of Agriculture, Washington, D.C. 20250; 
telephone, Area Code (202) 720-6313.

SUPPLEMENTARY INFORMATION:

Background

    Under the Federal Meat Inspection Act (FMIA--21 U.S.C. 601 et seq.) 
and the Poultry Products Inspection Act (PPIA--21 U.S.C. 451 et seq.), 
the Secretary of Agriculture is responsible for carrying out inspection 
programs for assuring that meat, meat food, and poultry products 
prepared for distribution in commerce are safe, not adulterated, and 
properly marked, labeled, and packaged. The Secretary is required to 
staff the programs with persons appointed for the purpose of conducting 
ante-mortem and post-mortem inspection of livestock and poultry; 
inspection of facilities, equipment, and sanitation at official 
establishments; and inspection of further processing of meat and 
poultry. Under regulations implementing the FMIA and PPIA, persons 
authorized to conduct inspection in meat and poultry slaughtering and 
further processing establishments are provided with appropriate 
identification.
    The Federal meat inspection regulations have long required the use 
of a numbered official badge to identify each Federal meat inspector 
who is entitled to enter the premises of official establishments to 
conduct inspection. Since the merger of the meat and poultry inspection 
programs in the early 1970's, the badge has also been used to identify 
poultry inspectors carrying out mandatory inspection under the PPIA.
    The poultry products inspection regulations currently require that 
inspectors have with them at all times the ``means of identification'' 
furnished to them by the Department. The regulations have also required 
that ``licenses'' be issued to persons carrying out Federal poultry 
inspection under agreements with State or other agencies. These 
requirements originated in the era when the inspection of poultry for 
condition and wholesomeness was one of the Department's voluntary 
inspection and certification programs.
    USDA administered voluntary poultry inspection in cooperation with 
State and other agencies, with poultry processing establishments paying 
fees for the service. For much of this work, the Department entered 
into cooperative agreements with State agencies whose USDA-licensed 
personnel operated under USDA supervision.
    After the PPIA was enacted and Federal inspection of poultry 
products prepared for distribution in commerce became mandatory, the 
need for cooperative agreements was reduced. Even so, the mandatory 
poultry products inspection regulations that were promulgated in 
February 1958 (23 FR 731) to implement the PPIA carried over from the 
earlier regulations provisions allowing the Secretary to authorize 
``licensed'' Federal or State employees to conduct Federal poultry 
inspection. Such authorized State personnel have performed Federal 
inspection according to Federal-State agreements concluded under the 
Talmadge-Aiken Act of 1962 (7 U.S.C. 450).
    Before the meat and poultry inspection programs were merged, 
poultry inspectors who were USDA employees used Department 
identification cards as their means of identification. Employees of 
cooperating Federal or State agencies who were authorized to conduct 
Federal poultry inspection were issued license cards. The license cards 
for the State employees thus served the same purpose as USDA 
identification cards of Federal poultry inspectors and the badges of 
Federal meat inspectors.
    In May 1972, FSIS amended the poultry products inspection 
regulations to implement the Wholesome Poultry Products Act of 1968. 
The amendments reflected the organizational merger of poultry and meat 
inspection. Since that time, poultry inspection has been administered 
in the same way as meat inspection. The same method of credentialling--
the badge--is used for both meat and poultry inspectors; State 
employees performing Federal inspection under ``Talmadge-Aiken'' 
agreements also are issued Federal inspection badges.

The Final Rule

    Therefore, the Agency is removing and reserving section 381.30 of 
the poultry products inspection regulations to delete the requirement 
for issuance of a license to non-USDA employees who are authorized to 
conduct Federal poultry inspection. Section 381.31, which governs 
conditions for expiration, suspension, and revocation of licenses, is 
also being deleted. The suspension and revocation provisions of this 
section have not been invoked since the merger of the meat and poultry 
inspection programs. The qualifications and conditions of service of 
non-USDA employees who are authorized to conduct Federal poultry 
inspection are contained in the agreements between FSIS and cooperating 
agencies. Finally, the Agency is revising section 381.33, concerning 
identification of inspectors, to require the use of the numbered 
official inspection badge for such identification.

Executive Order 12866

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management and Budget.

Executive Order 12778

    This final rule has been reviewed pursuant to Executive Order 
12778, Civil Justice Reform. This rule: (1) preempts all State and 
local laws and regulations that are inconsistent with this rule; (2) 
has no retroactive effect; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Effect on Small Entities

    The Acting Administrator, FSIS, has determined that this action 
will not have a significant impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Administrative Procedure Act

    Because this amendment is an amendment of Agency procedure, with 
nugatory public impact, this rulemaking is exempted under the 
Administrative Procedure Act (APA--5 U.S.C. 553(b)(3)(A)) from the 
requirement for notice and opportunity for public comment. Similarly, 
because this amendment concerns only Agency procedure and is without 
measurable public impact, this rulemaking is exempt for good cause from 
the APA requirement that a substantive rule be published 30 days prior 
to its effective date (5 U.S.C. 553(d)).

List of Subjects in 9 CFR Part 381

    Government employees, Poultry and poultry products.

    For the reasons set out in the preamble, 9 CFR part 381 is amended 
as follows:

PART 381--MANDATORY POULTRY PRODUCTS INSPECTION

    1. The authority citation for part 381 continues to read as 
follows:

    Authority: 7 U.S.C. 138F; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 
2.17, 2.55.

    2. Sections 381.30 and 381.31 are removed and reserved and section 
381.33 is revised to read as follows:


Sec. 381.33  Identification.

    Each inspector will be furnished with a numbered official 
inspection badge, which shall remain in his or her possession at all 
times, and which shall be worn in such manner and at such times as the 
Administrator may prescribe. This badge shall be sufficient 
identification to entitle the inspector to admittance at all regular 
entrances and to all parts of the establishment and premises to which 
the inspector is assigned.

    Done at Washington, DC, on August 11, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-20184 Filed 8-16-94; 8:45 am]
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