Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 32.6.712 pertaining to food safety and inspection service (meat, poultry)

)

NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On October 3, 2016, the Department of Livestock proposes to amend the above-stated rule.

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on September 26, 2016, to advise us of the nature of the accommodation that you need. Please contact the Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-1929; e-mail: [email protected].

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

32.6.712 FOOD SAFETY AND INSPECTION SERVICE (MEAT, POULTRY)

(1) The Department of Livestock incorporates by reference the following as they were effective ~~March 18, 2014~~ August 22, 2016:

(a) 9 CFR 300.1 through 9 CFR 321.3;

(b) 9 CFR 325 through 9 CFR 325.21;

(d) 9 CFR 352 through 9 CFR 362.5;

(e) 9 CFR 381.1 through 9 CFR 381.103;

(f) 9 CFR 381.190;

(g) 9 CFR 381.194;

(h) 9 CFR 381.115 through 9 CFR 381.182;

(i) 9 CFR 381.210 through 9 CFR 381.218;

(j) 9 CFR 381.300 through 9 CFR 381.524; and

(k) 9 CFR 416.1 through 9 CFR 500.8.

~~(2) The Department of Livestock incorporates by reference the following as effective September 17, 2015:~~

~~(a) 9 CFR 430.4.~~

(3) and (4) remain the same, but are renumbered (2) and (3).

AUTH: 81-2-102, 81-9-220, MCA

IMP: 81-2-102, 81-9-217, 81-9-220, MCA

REASON: The department proposes to incorporate by reference the CFR sections for the reasons provided after each section.

9 CFR 317.2 (Labels: definition; required features) and 9 CFR 381.117 (Name of product and other labeling)

Would clarify that a product name for a raw meat or poultry product that does not meet a standard of identity must contain a descriptive designation that includes the percentage of added solution and the common name of all individual ingredients listed in descending order of predominance.

Would clarify that a product name for a mechanically tenderized beef must contain a descriptive designation that the product is mechanically tenderized, needle tenderized, or blade tenderized. Further, the labels of raw or partially cooked needle or blade tenderized raw beef products for household consumers, hotels, restaurants, or similar institutions, must bear validated cooking instructions.

9 CFR 320.1 (Records required to be kept)

Would require records of official establishments and retail stores that grind raw beef products for sale in commerce to maintain the following records:

Establishment numbers of establishments supplying material used to prepare each lot of raw ground beef products
All supplier lot numbers and production dates
Names of the supplied materials including beef components and any materials carried over from one production lot to the next
The date and time each lot of raw ground beef product is produced
Date and time when grinding equipment and other related food contact surfaces are cleaned and sanitized

9 CFR 320.2 (Place of maintenance of records)

Would require records to be maintained at the place where business is conducted with one exception. The exception is that if business is conducted at multiple locations, the records may be maintained at the headquarters office.

9 CFR 320.3 (Record retention period)

Would specify that records required must be kept for two years following December 31 of the year in which the beef was ground.

9 CFR 381.65 (Operations and procedures, generally)

This section would identify procedures for controlling contamination throughout the poultry slaughter process. In addition, it would require that official poultry establishments develop, implement, and maintain written procedures to prevent contamination of carcasses and parts by enteric pathogens and fecal contamination throughout the entire slaughter and dressing operation. This section further requires larger establishments to collect samples to analyze for microbial organisms at specified rates. In addition, official poultry establishments would be required to maintain daily records to document the implementation and monitoring of the procedures of controlling contamination. Data may be maintained electronically if the establishment has controls to maintain data integrity. Records would be required to be maintained for at least one year and must be accessible to the Food Safety and Inspection Service (FSIS). Montana currently does not have any poultry establishments of this size.

9 CFR 381.66 (Temperatures and chilling and freezing procedures)

This section would revise the definition for "air chill" to allow an antimicrobial intervention to be applied with water to poultry at the beginning of the chilling process if its use does not result in any net pick-up of water or moisture during the chilling process. The initial antimicrobial intervention would result in some temperature reduction of the product if the majority of temperature removal is accomplished exclusively by chilled air.

9 CFR 430.4 (Control of Listeria monocytogenes in post-lethality exposed ready-to-eat products)

This section is stricken as it is already included in (1)(k) and would clarify incorporation by reference of the latest version.

4. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to the Executive Officer, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m., September 30, 2016.

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m., September 30, 2016.

6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the businesses who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 4 establishments, based upon there being approximately 40 businesses relating to animal feeding, slaughter, and disposal.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

BY: /s/ Michael S. Honeycutt BY: /s/ Cinda Young-Eichenfels

Michael S. Honeycutt Cinda Young-Eichenfels

Board of Livestock Rule Reviewer

Department of Livestock

Certified to the Secretary of State August 22, 2016.