TO: All Concerned Persons

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1. On July 12, 2008, the Department of Livestock proposes to amend the above-stated rule.

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2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and 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 July 3, 2008 to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; phone: (406) 444-9321; TTD number: 1-800-253-4091; fax: (406) 444-1929; e-mail: [email protected].

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

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32.6.712 FOOD SAFETY AND INSPECTION SERVICE (MEAT, POULTRY) (1) and (2) remain the same.

(3) The Department of Livestock incorporates by reference the following as they were amended effective October 1, 2007:

(a) 9 CFR 309:

(b) 9 CFR 310;

(c) 9 CFR 318.

(4) The Department of Livestock incorporates by reference the following as they were added effective May 1, 2008:

(a) 9 CFR 381.210 through 381.218.

(3) and (4) remain the same but are renumbered (5) and (6).

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

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

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REASON: The proposed amendments to ARM 32.6.712 are necessary for the Montana State Meat and Poultry Inspection program to maintain its "equal to" status. The proposed amendments were brought to Department of Livestock's attention by the review staff with USDA FSIS. The proposed amendments in new (3) will adopt the 2007 amendments to 9 CFR 309, 9 CFR 310, 9 CFR 318, dealing with specified risk materials. The proposed amendments in new (4) will adopt the 2008 amendments to 9 CFR 381.210 through 381.218 dealing with poultry detention, seizure, and condemnation.

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4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 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., July 10, 2008.

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5. If persons who are directly affected by the proposed action wish to express their data, views, and 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. July 10, 2008.

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6. If the department receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons 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 persons directly affected has been determined to be more than 25, based upon the population of the state.

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7. An electronic copy of this proposal notice is available through the department's site at www.mt.gov/liv.

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8. The Montana Department of Livestock maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department. 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 the area of interest that the person wishes to receive notices regarding. 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 Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-1929 "attention Christian Mackay"; or e-mailed to [email protected]. Request forms may also be completed at any rules hearing held by the department.

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

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DEPARTMENT OF LIVESTOCK

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BY: /s/ Christian Mackay��������������������������� BY: /s/ Carol Grell Morris

Christian Mackay��������������������������������������������� Carol Grell Morris

Executive Officer���������������������������������������������� Rule Reviewer

Board of Livestock

Department of Livestock

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Certified to the Secretary of State June 2, 2008.