Daily Rules, Proposed Rules, and Notices of the Federal Government
The Food Safety and Inspection Service (FSIS) is responsible for carrying out various functions of the Department of Agriculture. Chief among these are the administration of the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601
In this rulemaking, FSIS is continuing its work to update and consolidate various regulatory provisions. This work began with the issuance of a final rule on the organization of the Agency. This rule, for which the public was given an opportunity to submit comments, was published on December 31, 1998 (the 1998 rule) (63 FR 72352). The 1998 rule amended FSIS's regulations in chapter III of title 9 of the Code of Federal Regulations (9 CFR chapter III) by establishing a new part 300 that described FSIS's mission and organization. It also transferred regulations adopted under the EPIA from part 59 of title 7 of the Code of Federal Regulations to part 590 of title 9.
The Agency received only one comment on the 1998 rule. The United Egg Association (UEA) requested that FSIS undertake a more thorough review of the regulations promulgated pursuant to the EPIA. The UEA stated that the current regulatory system was antiquated.
FSIS is conducting a comprehensive review of the EPIA regulations. The Agency anticipates that the review will result in its proposing a number of substantive changes to the EPIA regulations.
In this final rule, the Agency is consolidating and updating various provisions of the regulations issued under the FMIA (9 CFR parts 300, 301, 306, 318, and 320) and the PPIA (9 CFR part 381, subparts A, B, F, O, and Q). The Agency is also adding a section, 300.4, “Organizational terminology; personnel” to part 300. With the addition of this section, part 300 “Agency Mission and Organization”, will contain a description of the part (300.1), a statement about FSIS's responsibilities (300.2), a description of FSIS's organizational structure and personnel (300.3 and 300.4), and rules on the access of government employees to regulated places of business (300.6).
In § 300.1 (Purpose), FSIS is adding a sentence to reflect the fact that part 300 includes rules on the access of government employees to regulated places of business. In paragraph (a) of § 300.2 (FSIS responsibilities), FSIS is adding a sentence that references the Department's delegation of authority regulations (7 CFR 2.7, 2.18, and 2.53). These regulations reference the statutory provisions that the Administrator of FSIS is responsible for administering on behalf of the Secretary of Agriculture.
In § 300.3 (FSIS organization), FSIS is amending paragraph (a) by adding a sentence that states that FSIS implements the inspection provisions of the FMIA, the PPIA, and the EPIA through its field structure. FSIS is also amending paragraphs (b)(1) and (2), and (c)(1) of § 300.3 to reflect the changes that the Agency has made in its headquarters and field organization since publication of the 1998 rule.
FSIS has reorganized its headquarter's offices. FSIS now has eight principal components or offices instead of four. These offices are under the direction of an Assistant Administrator. The Assistant Administrators, along with their staffs and the Office of the Administrator, are still located at the U.S. Department of Agriculture Headquarters in Washington, DC.
FSIS has renamed one of the program offices listed in paragraph (b)(1) of § 300.3. The Office of Policy, Program Development, and Evaluation is now the Office of Policy and Program Development. The functions for this office have also changed. The Office of Policy and Program Development is charged with developing and articulating the Agency's policies regarding food safety and other consumer protections.
FSIS has added four program offices. These offices are the Office of Food Security and Emergency Preparedness (OFSEP), the Office of Program Evaluation, Enforcement, and Review (OPEER), the Office of Public Affairs, Education, and Outreach (OPAEO), and the Office of International Affairs (OIA).
The OFSEP's mission is to prevent or, if necessary, coordinate a response to an intentional attack on the food supply.
The OPEER's primary function is to perform as the Agency's quality assurance program. This staff continually acts as the Agency's eyes and ears to ensure that Agency programs are functioning in an efficient and effective manner.
The OPAEO is responsible for communicating with three main audiences: Congress, constituents, and the media. The OPAEO communications with Congress include everything from preparing testimony for hearings on Capitol Hill to briefing congressional staff on regulatory proposals affecting FSIS. The OPAEO also shares information with, and gathers feedback from, constituents of the Agency and provides newspaper, television and radio reporters accurate and timely information about FSIS's crucial role in protecting public health. The Staff Offices that are currently listed in paragraph (b)(2) of § 300.3 have been reorganized and incorporated into the new Office of Public Affairs, Education, and Outreach.
The OIA is responsible for developing policy and procedures to assure that meat, poultry, and egg products imported into the U.S. are safe, wholesome, unadulterated, properly labeled and packaged, and for facilitating the certification of U.S. meat, poultry, and egg products intended for export.
In addition to the four new program offices described above, the Administrator has created a position titled Special Assistant for Civil Rights. This individual reports directly to the Administrator. The Administrator also has an Executive Assistant and a Codex Manager.
As anticipated in the 1998 rule (63 FR 72352, footnote 1), FSIS has closed its district office in Boston, Massachusetts. The Agency has also reassigned the program responsibilities for the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont to the district office located in Albany, New York, and has reassigned the program responsibilities for Puerto Rico and the Virgin Islands to the district office located in Atlanta, Georgia.
In May 2002, FSIS realigned its district office structure. The realignment resulted in a reduction from 17 districts to 15 districts with 2 satellite offices. The Pickerington, Ohio district office will now be a satellite office and will be serviced by the Chicago, Illinois district office. The State of Kentucky will now be serviced by the Raleigh, North
The Salem, Oregon district office will become a satellite office and will be serviced by the Boulder, Colorado district office. The States and areas affected are Alaska, American Samoa, Guam, Hawaii, Idaho, Oregon, and Washington. The State of New Jersey, which was serviced by the Albany, New York district office will now be serviced by the Philadelphia, Pennsylvania district office. FSIS is amending paragraph (c)(1) of § 300.3 to reflect this fact and to correct the address listed for the district office in Maryland which is located in Beltsville, not Greenbelt.
FSIS is including, in paragraph (a) of § 300.4 (Organizational terminology; personnel), updated terminology that combines and replaces the current definitions in § 301.2 of Administrator, Circuit Supervisor, Inspector, Inspector in charge, Program, Program employee, and Secretary; and the current definitions in § 381.1(b) of Administrator, Circuit Supervisor, Inspection Service, Inspection Service employee, Inspection Service supervisor, Inspector, Inspector in Charge, and Secretary.
FSIS also is removing obsolete and unnecessary organizational information and terminology. Provisions that the Agency is deleting include: § 306.1 (Designation of circuit supervisors and assistants); the definitions in § 301.2 of Area, Area Supervisor, Circuit, the Department, Food Safety and Inspection Service, Import Field Office, Import Supervisor, and Regional Director; and the definitions in § 381.1(b) of Department, Import Field Office, and Import Supervisor.
FSIS is addressing several changes in the Agency's organization and the administration of its regulatory functions in paragraph (b) of § 300.4. Section 300.4(b) indicates that the Agency has replaced its regional office and import field office structure with a district office structure, that the authority previously delegated to Regional Directors now is delegated to district managers, and that the authority previously delegated to area supervisors and import supervisors now is delegated to inspection program supervisors in the successor district offices.
In paragraph (b) of § 300.6, FSIS is addressing access to places of business regulated under the FMIA or the PPIA. Paragraph (b)(1) addresses access to establishments that slaughter livestock or otherwise prepare meat products or slaughter poultry or otherwise process poultry products. It replaces the first sentence of § 306.2 and all of § 381.32. Paragraph (b)(2) addresses access to and examinations of facilities, inventories, and records authorized by section 202 of the FMIA and section 11(b) of the PPIA (21 U.S.C. 460(b) and 642). It replaces the first sentences of § 320.4 and § 381.178 (Access to and inspection of records, facilities and inventory; copying and sampling).
FSIS is updating its regulations on the accreditation of chemistry laboratories (§ 318.21 and § 381.53), a function performed by FSIS's Office of Public Health and Science (OPHS). An erroneous street address for the Accredited Laboratory Program is being removed and the OPHS Assistant Administrator is referred to instead of a former OPHS organizational unit.
In § 320.5 (Registration) and § 381.179 (Registration), FSIS is amending paragraph (a) in both sections by changing the office name from where registration forms are obtained and also providing another option for obtaining registration forms. The office name will be changed from Compliance Programs, Regulatory Programs, to Evaluation and Enforcement Division, Office of Program Evaluation, Enforcement and Review. The other option added for obtaining an application is to call the District Office.
FSIS has determined that the notice and comment and delayed effective date requirements of the Administrative Procedure Act (5 U.S.C. 553(b) and (d)) do not apply to this rule. The amendments made by this rule reflect the Agency's current responsibilities, the organization through which it carries out those responsibilities, and technical and minor changes in the organization of the Agency's regulations and organizational terminology. Therefore, FSIS has, for good cause, found that notice and public procedure thereon are unnecessary, and it is issuing these amendments as a final rule, effective upon publication.
The changes in this rule are organizational and technical. Their adoption will not affect the costs of regulated establishments or of FSIS, except to the extent that providing the public with current information on how the Agency operates should increase the Agency's efficiency and improve the delivery of inspection services to members of the regulated industries. Therefore, FSIS has determined that this rule is not a significant regulatory action under the criteria set forth in Executive Order 12866.
For the same reasons, FSIS certifies that this rule will not have a significant economic impact on a substantial number of small entities. Accordingly, as provided in section 605 of the Regulatory Flexibility Act (5 U.S.C. 601
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. No retroactive effect will be given to the rule and no administrative proceedings will be required before parties may file suit in court challenging the rule. States and local jurisdictions may not impose inconsistent requirements on federally inspected premises, facilities, or operations.
No collections of information will be affected by the adoption of this rule.
Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to better ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it and make copies of this
For more information contact the Congressional and Public Affairs Office, at (202) 720-9113. To be added to the free e-mail subscription service (Listserv) go to the “Constituent Update” page on the FSIS Web site at
Meat and meat products, Poultry and poultry products.
Meat and meat products, Poultry and poultry products.
Government employees, Meat inspection.
Laboratories, Meat inspection, Reporting and recordkeeping requirements.
Meat inspection, Reporting and recordkeeping requirements.
Laboratories, Poultry and poultry products, Reporting and recordkeeping requirements.
21 U.S.C. 451-470, 601-695, 1031-1056; 7 U.S.C. 138-138i, 450, 1621-1627, 1901-1906; 7 CFR 2.7, 2.18, 2.53.
(a) Unless otherwise specifically provided or required in the context of a particular part of the regulations:
(b) FSIS has replaced the regional office and import field office structure referenced in some parts of subchapter A of this chapter. Authority previously delegated to Regional Directors now is delegated to district managers; authority previously delegated to area supervisors and import supervisors now is delegated to inspection program supervisors in the successor district offices.
(1) At all times, by day or night, whether the establishment is being operated or not, inspection program employees must have access to the premises and to every part of an establishment that slaughters livestock or otherwise prepares meat products or slaughters poultry or otherwise processes poultry products that are subject to inspection for the purpose of conducting an inspection or performing any other inspection program duty. The numbered official badge of an inspection program employee is sufficient identification to entitle him or her to admittance to all parts of such an establishment and its premises.
(2) At all ordinary business hours, upon presentation of credentials by a representative of the Secretary, any person (including any firm or corporation or other business unit) subject to recordkeeping requirements under section 202 of the FMIA or section 11(b) of the PPIA must permit such representative to enter his or her place of business to examine the facilities and inventory and to examine and copy the records specified in § 320.1 and § 381.175, respectively, of this chapter and, upon payment of the fair market value therefor, take reasonable samples of the inventory.
21 U.S.C. 601-695; 7 U.S.C. 138-138i, 450, 1901-1906; 7 CFR 2.7, 2.18, 2.53.
For purposes of this chapter and unless otherwise specifically provided by regulation or required in the context of particular regulations:
(a) Terms have the meanings set forth in this part;
(b) The singular form also imports the plural, and the masculine form also imports the feminine and vice versa.
21 U.S.C. 601-695; 7 CFR 2.7, 2.18, 2.53.
21 U.S.C. 601-695; 7 U.S.C. 138f, 450, 1901-1906; 7 CFR 2.7, 2.18, 2.53.
21 U.S.C. 601-695; 7 CFR 2.7, 2.18, 2.53.
Representatives of the Secretary afforded access to a business specified in § 320.1 of this part (see § 300.6(b)(2) of this chapter) also must be afforded any necessary facilities (other than reproduction equipment) for the examination and copying of records and for the examination and sampling of inventory.
7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 2.18, 2.53.
Representatives of the Secretary afforded access to a business specified in § 381.175 of this part (see § 300.6(b)(2) of this chapter) also must be afforded any necessary facilities (other than reproduction equipment) for the examination and copying of records and the examination and sampling of inventory.