[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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