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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:

(a) 9 CFR 300.1 through 9 CFR 321.3;

(b) 9 CFR 325 through 9 CFR 325.21;

(c) 9 CFR 329.1 through 9 CFR 329.9;

(d) 9 CFR 352 through 9 CFR 362.5;

(e) 9 CFR 381.1 through 9 CFR 381.103;

(f) 9 CFR 381.115 through 9 CFR 381.182;

(g) 9 CFR 381.190;

(h) 9 CFR 381.194;

(i) 9 CFR 381.210 through 9 CFR 381.218;

(j) 9 CFR 381.300 through 9 CFR 381.524;

(k) 9 CFR 416.1 through 9 CFR 441.10; and

(l) 9 CFR 500.1 through 9 CFR 500.8.

(2) These regulations set forth the federal rules on meat and poultry inspection with the following exceptions and clarifications thereto:

(a) Any reference to the "U.S. Department of Agriculture" will mean the "Montana Department of Livestock."

(b) Any reference to "U.S. inspected and passed" will mean "Montana inspected and passed."

(c) Any reference to "U.S. passed for cooking" will mean "Montana passed for cooking."

(d) Any reference to "U.S. passed for refrigeration" will mean "Montana passed for refrigeration."

(e) Any reference to "U.S. inspected and condemned" will mean "Montana inspected and condemned."

(f) Any reference to "U.S. retained" will mean "Montana retained."

(g) Any reference to "U.S. suspect" will mean "Montana suspect."

(h) Any reference to "U.S. condemned" will mean "Montana condemned."

(i) Any reference to "regional director" will mean the official in charge of the program within a particular region.

(j) Any reference to "U.S.D.A. food inspector" will mean "Montana meat inspector."

(k) Any reference to "U.S.D.A. approval for export" will mean "Montana approval for export."

(l) Any reference to "U.S.D.A. letterhead and seal" will mean the "state of Montana letterhead and seal."

(m) Any reference to "U.S. rejected" will mean "Montana rejected."

(n) Any reference to "U.S.D.A. inspection legend" will mean "Montana inspection legend."

(o) Any reference to the "Standards and Labeling Division, Meat and Poultry Inspection Technical Services, in Washington, D.C." will mean the "Montana Department of Livestock."

(p) Any reference to "inspector in charge, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S.D.A." will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(q) Any reference to "U.S. government seals" will mean "state of Montana seals."

(r) Any reference to the "Department of Agriculture or divisions thereof in Washington, D.C." will mean "Montana Board of Livestock acting through Montana Department of Livestock" in Helena, Montana.

(s) Any reference to "Compliance Staff, Meat and Poultry Inspection Field Operations, Food Safety and Inspection Service, U.S.D.A., Washington, D.C. 20250" will mean "Chief Inspector in Charge, Meat and Poultry Inspection Program, Montana Department of Livestock, P.O. Box 202001, Helena, Montana 59620-2001."

(t) Any reference to "federally inspected and passed" will mean "Montana inspected and passed."

(u) Any reference to "federal meat inspection" will mean "state meat inspection."

(v) Any reference to "Treasurer of the United States" will mean "Montana Department of Livestock."

(w) Any reference to "general services administration" will mean "Montana Department of Livestock."

(x) Any reference to "secretary" will mean the "Montana Board of Livestock or its delegate."

(y) Any reference to "food safety and inspection service" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(z) Any reference to "overtime and holiday inspection service" shall be subject to those provisions set forth by the state of Montana for those individuals deemed to be "public employees."

(aa) Any reference to "hearing clerk of the food safety and inspection service" will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(ab) Any reference to the "U.S. court of appeals for the District of Columbia" will mean "district court of the state of Montana."

(ac) Any reference to "imported into the United States" will mean "imported into the state of Montana."

(ad) Copies of the above are on file with the Department of Livestock and may be reviewed at that office. In addition, copies of each document are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 for a fee by requesting the appropriate rule number(s).

(ae) Any reference to the word "act" will mean the Montana "Meat and Poultry Inspection Act."

(af) Any reference to the term "administrator" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(ag) Any reference to the term "program" will mean the Montana "Meat and Poultry Inspection Act."

(ah) Any reference to the term "circuit supervisor" will mean the "meat inspector designated to inspect meat in a particular circuit" or "area."

(ai) Any reference to specific provisions of federal law will mean specific provisions of corresponding laws of the state of Montana.

(3) The Code of Federal Regulations is available for review at the Montana State Law Library, 215 North Sanders in Helena or online at www.ecfr.gov.

History: 81-2-102, 81-9-220, MCA; IMP, 81-2-102, 81-9-217, 81-9-220, MCA; NEW, 1988 MAR p. 390, Eff. 2/26/88; AMD, 1989 MAR p. 612, Eff. 5/12/89; AMD, 2001 MAR p. 561, Eff. 3/22/01; AMD, 2004 MAR p. 576, Eff. 3/12/04; AMD, 2008 MAR p. 1590, Eff. 8/1/08; AMD, 2009 MAR p. 1591, Eff. 9/11/09; AMD, 2010 MAR p. 2973, Eff. 12/24/10; AMD, 2014 MAR p. 1275 , Eff. 6/13/14.

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