[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)]
[Rules and Regulations]
[Pages 65529-65530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31441]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 331

[Docket No. 98-048F]


Termination of Designation of the State of Minnesota With Respect 
to the Inspection of Meat and Meat Food Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule and termination of designation.

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SUMMARY: This final rule amends the Federal meat inspection regulations 
by terminating the designation of the State of Minnesota under Titles 
I, II, and IV of the Federal Meat Inspection Act (FMIA). The State of 
Minnesota has enacted a State meat inspected program law and 
regulations that impose inspection requirements that are at least equal 
to those requirements of the FMIA. The State of Minnesota will remain 
designated under sections 1-4, 6-11, and 12-22 of the Poultry Products 
Inspection Act (PPIA).

DATES: The effective date of this final rule is December 28, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. William F. Leese, Director, 
Federal-State Relations Staff, Food Safety and Inspection Service; 
telephone (202) 418-8900 or FAX (202) 418-8834.

SUPPLEMENTARY INFORMATION:

Background

    Section 301(c) of the FMIA (21 U.S.C. 661(c)) and section 5(c) of 
the PPIA (21 U.S.C. 454(c)) authorize the Secretary of Agriculture to 
designate a State as one in which the provisions of Titles I and IV of 
FMIA shall apply to operations and transactions wholly within the State 
after the Secretary has determined that requirements at least ``equal 
to'' those imposed under the Acts have not been developed and 
effectively enforced by the State.
    On January 2, 1971, and May 16, 1972, the Secretary of Agriculture 
designated the State of Minnesota under paragraph 5(c) (21 U.S.C. 
454(c) of the PPIA and paragraph 301(c) (21 U.S.C. 661(c)) of the FMIA 
as a State in which the Federal Government is responsible for providing 
meat and poultry inspection, respectively, at eligible establishments 
and for otherwise enforcing the applicable provisions of PPIA and FMIA 
with regard to intrastate activities in the State.
    In addition, on January 31, 1975 (40 FR 4646), a document was 
published in the Federal Register announcing that effective on that 
date, the Federal Government would assume the responsibility of 
administering the authorities provided for under sections 202, 203, and 
204 (21 U.S.C. 642, 643, and 644) of the FMIA and sections 11 (b) and 
(c) (21 U.S.C. 460 (b) and (c)) of the PPIA regarding certain 
categories of processors of meat and poultry products.
    These designations were undertaken by the Department when it was 
determined that the State of Minnesota was not in a position to enforce 
inspection requirements under State laws for products in intrastate 
commerce that are at least ``equal to'' the requirements of FMIA and 
PPIA enforced by the Federal Government.

[[Page 65530]]

    The Governor of the State of Minnesota has advised FSIS that on 
December 28, 1998, the State of Minnesota will be in a position to 
administer a State meat inspection program which includes requirements 
at least ``equal to'' those imposed under the Federal meat inspection 
program for products in interstate commerce. The Governor of the State 
of Minnesota also has advised FSIS that the State, at this time, will 
remain designated for poultry products inspection under the PPIA.
    Section 301(c)(3) of the FMIA provides that whenever the Secretary 
of Agriculture determines that any designated State has developed and 
will enforce State meat inspection requirements at least ``equal to'' 
those imposed by the Federal Government under the FMIA, with regard to 
intrastate operations and transactions within the State, the Secretary 
will terminate the designation of such State. The Secretary has 
determined that the State of Minnesota has developed, and will enforce, 
such a State meat inspection program in accordance with such provisions 
of the FMIA. In addition, the Secretary has determined that the State 
of Minnesota also is in a position to enforce effectively the 
provisions of sections 202, 203, and 204 of the FMIA. Therefore, the 
designations of the State of Minnesota under Titles I, II, and IV of 
FMIA are hereby terminated. The designations of Minnesota under 
sections 1-4, 6-11, and 12-22 of the PPIA, however, at this time, will 
remain in effect, and are hereby not terminated.
    Because it does not appear that public participation in this matter 
would make additional relevant information available to the Secretary 
under the administrative procedure provisions in 5 U.S.C. 553, it is 
found upon good cause that such public procedure is impracticable and 
unnecessary.

Executive Order 12866

    This final rule is issued in conformance with Executive Order 12866 
and has been determined not to be a major rule. It will not result in 
an annual effect on the economy of $100 million or more; a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local governments agencies, or geographic regions; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of the United States-based 
enterprises to compete with foreign-based enterprises in domestic or 
export markets. Terminating the designation of the State of Minnesota 
will provide for the State to assume the responsibility, previously 
limited to the Federal Government, of administering a meat inspection 
program for intrastate operations and transactions and for ensuring 
compliance by persons, firms, and corporations engaged in intrastate 
commerce in specified kinds of businesses. Qualifying businesses will 
have the option to operate under State inspection as an alternative to 
Federal inspection. The State of Minnesota will be required to 
administer the meat inspection program in a manner that is at least 
``equal to'' the inspection program administered by the Federal 
Government.

Effect on Small Entities

    The Administrator of the Food Safety and Inspection Service (FSIS) 
has determined that this action will not have a significant economic 
impact on a substantial number of small entities, as defined by the 
Regulatory Flexibility Act, Pub. L. 96-354 (5 U.S.C. 601). As stated 
above, the State of Minnesota is assuming a responsibility, previously 
limited to the Federal Government, of administering the meat inspection 
program for intrastate meat operations and transactions. The State's 
poultry products inspection program, at this time, will remain 
designated. No additional requirements are being imposed on small 
entities.

List of Subjects in 9 CFR Part 331

    Meat inspection.

    Part 331 of the Federal meat inspection regulations (9 CFR Part 
331) is amended to read as follows:

PART 331--[AMENDED]

    1. The authority citation for Part 331 continues to read as 
follows:

    Authority: 21 U.S.C. 601-695; CFR 2.17, 2.55.

Sec. 331.2 [Amended]

    2. The table in Sec. 331.2 of the Federal meat inspection 
regulations (9 CFR 331.2) is amended by removing the entry for 
``Minnesota''.


Sec. 331.6 [Amended]

    3. Section 331.6 of the Federal meat inspection regulations (9 CFR 
331.6) is amended by removing the entry for ``Minnesota'' in all three 
places.

    Done in Washington, DC, on November 18, 1998.
Thomas J. Billy,
Administrator.
[FR Doc. 98-31441 Filed 11-25-98; 8:45 am]
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