Montana Administrative Register Notice 32-10-213 No. 20   10/28/2010    
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In the matter of the amendment of ARM 32.6.712, pertaining to food safety and inspection service (meat, poultry)












            TO:  All Concerned Persons


            1.  On November 30, 2010 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 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 November 22, 2010 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; telephone (406) 444-9321; TTD number 1-800-253-4091; fax (406) 444-1929; e-mail cmackay@mt.gov.


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



           (1) through (4)(a) remain the same.

            (5)  The Department of Livestock incorporates by reference the following as they were amended effective September 8, 2010.

            (a)  9 CFR 422.

            (5) and (6) remain the same but are renumbered (6) and (7).


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

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


REASON:  The proposed amendment to ARM 32.6.712 is necessary for the Montana State Meat and Poultry Inspection program to maintain its "equal to" status.  The proposed amendment was brought to Department of Livestock's attention by the review staff with USDA FSIS.  The proposed amendment in (5) will adopt the 2010 amendments to 9 CFR 309 dealing with quantity of contents labeling and procedures requirements for accurate weights. 


            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 cmackay@mt.gov to be received no later than 5:00 p.m., November 29, 2010.


            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. November 29, 2010.


            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 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 have been determined to be more than 25, based upon the population of the state.


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


            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 cmackay@mt.gov.  Request forms may also be completed at any rules hearing held by the department.


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




BY:      /s/ Christian Mackay                         BY:      /s/ George H. Harris             

            Christian Mackay                                          George H. Harris

            Executive Officer                                           Rule Reviewer

            Board of Livestock

            Department of Livestock


            Certified to the Secretary of State October 18, 2010.



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