[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Rules and Regulations]
[Pages 61009-61010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29928]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 331 and 381
[Docket No. 97-050F]
Designation of the State of Florida Under the Federal Meat
Inspection Act and the Poultry Products Inspection Act
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: Representatives of the State of Florida have advised the
Agency that, because of a lack of funding, the State of Florida will no
longer continue administering its State meat and poultry inspection
programs after November 30, 1997. The Food Safety and Inspection
Service (FSIS) is mandated by law to assume the responsibility,
previously held by the State of Florida, for administering the meat and
poultry inspection programs with respect to operations and transactions
within the State of Florida. Therefore, in accordance with the law, the
Secretary of Agriculture is designating the State of Florida to receive
Federal inspection with respect to operations and transactions within
the State, and FSIS is amending the Federal meat and poultry inspection
regulations by adding Florida to the list of ``designated'' States.
DATES: This final rule will be effective on December 2, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. William Leese, Director, Federal-
State Relations Staff, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250-3700 at (202) 720-6313.
SUPPLEMENTARY INFORMATION:
Background
Under section 301 of the Federal Meat Inspection Act (FMIA) and
section 5 of the Poultry Products Inspection Act (PPIA), a State may
administer State meat and poultry inspection programs provided the
State has developed and is effectively enforcing State meat and poultry
inspection requirements at least equal to those imposed under titles I
and IV of the FMIA and section 1-4, 6-10, and 12-22 of the PPIA
(collectively referred to below as the titles). These titles
contemplate continuous ongoing programs. When States can no longer
effectively enforce meat and poultry inspection requirements at least
equal to Federal requirements, then they must be ``designated'' by the
Secretary to receive Federal inspection.
In accordance with the FMIA and PPIA, the Secretary had determined
that the State of Florida had developed and was enforcing State meat
and poultry inspection requirements for establishments at least equal
to Federal meat and poultry inspection
[[Page 61010]]
requirements under the titles. However, on July 23, 1997,
representatives of the State of Florida notified FSIS that, because of
a lack of funding, Florida will no longer continue to administer its
State meat and poultry inspection programs after November 30, 1997. The
representatives have requested that the Department assume
responsibility for the meat and poultry inspection programs.
In view of the termination date, it is determined that the State of
Florida would not effectively enforce requirements at least equal to
those imposed under the titles. Therefore, the Secretary of Agriculture
must designate the State of Florida under section 301(c)(3) of the FMIA
and section 5(c)(3) of the PPIA. Therefore, on and after December 2,
1997, the provisions of the titles will apply to operations and
transactions within the State of Florida, unless exempt under sections
23 or 301(c)(2) of the FMIA or sections 5(c)(2) or 15 of the PPIA.
Owners or operators of Florida's meat and poultry establishments
wishing to continue operations after November 30, 1997, must contact
the FSIS District Office in order to receive Federal inspection. This
office will provide information concerning requirements and exemptions
under the FMIA and the PPIA, applications for inspection, and requests
for surveys of establishments. Address correspondence to USDA/FSIS
District Office, 100 Alabama Street, SW, Suite 3R90, Atlanta, GA 30303.
The Administrator, FSIS, has determined that there is good cause
for issuing this final rule without prior notice and opportunity for
public comment. Because the State of Florida has advised FSIS that its
State-operated meat and poultry inspection programs will be
discontinued, the Agency is mandated by law to assume the
responsibilities for administering the meat and poultry inspection
programs. It is necessary, therefore, to designate the State of Florida
immediately, in accordance with section 301(c)(3) of the FMIA and
section 5(c)(3) of the PPIA, in order to carry out the Secretary's
responsibilities under the FMIA and PPIA.
In addition, it does not appear that additional relevant
information would be made available to the Secretary by public
participation in this rulemaking proceeding. Accordingly, under the
administrative procedures in 5 U.S.C. 553, it is found upon good cause
that notice and other public procedures are impracticable and contrary
to the public interest.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant under
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The Administrator, FSIS, has determined that this final rule will
not have a significant economic impact on a substantial number of small
entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601).
The U.S. Department of Agriculture, pursuant to law, is assuming the
responsibility, previously held by the State of Florida, of
administering the meat and poultry inspection programs with respect to
operations and transactions within the State of Florida. This action
will affect approximately 122 State, 26 custom exempt, and 0 Talmadge
Aiken meat and poultry establishments in Florida, and most, if not all,
of which may be presumed to be small businesses. However, this is not a
substantial number of establishments given the approximately 6,800
small meat and small poultry establishments nationwide, which are
either federally or State inspected. In addition, the application of
certain Federal facility and other requirements will be flexible, and
each facility will be reviewed with regard to the circumstances
peculiar to that establishment. Further, it is not anticipated that
significant costs will be incurred by these Florida establishments as a
result of this action.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts 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. However,
the administrative procedures specified in 9 CFR 306.5 and 381.35 must
be exhausted prior to any judicial challenge of the application of the
provisions of this rule, if the challenge involves any decision of an
FSIS employee relating to inspection services provided under the FMIA
or the PPIA.
Paperwork Requirements
This rule has been reviewed under the Paperwork Reduction Act and
imposes no new paperwork or recordkeeping requirements.
List of Subjects
9 CFR Part 331
Meat inspection.
9 CFR Part 381
Poultry and poultry products.
Accordingly, 9 CFR parts 331 and 381 are amended as follows:
PART 331--SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES;
AND FOR DESIGNATION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH
AND FOR SUCH DESIGNATED ESTABLISHMENTS
1. The authority citation for part 331 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 331.2 [Amended]
2. The table in section 331.2 is amended in the ``State'' column by
adding ``Florida'' immediately below ``Connecticut'' and in the
``Effective date of application of Federal provisions'' column, by
adding ``Dec. 2, 1997'' on the line with ``Florida.''
PART 381--POULTRY PRODUCTS INSPECTION
3. The authority citation for Part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.
Sec. 381.221 [Amended]
4. The table in section 381.221 is amended in the ``States'' column
by adding ``Florida'' immediately below ``Connecticut'' and in the
``Effective date of application of Federal provisions'' column, by
adding ``Dec. 2, 1997,'' on the line with ``Florida.''
Done at Washington, DC, on: November 4, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-29928 Filed 11-13-97; 8:45 am]
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