Montana Administrative Register Notice 32-14-253 No. 16   08/21/2014    
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In the matter of the amendment of ARM 32.6.712 pertaining to food safety and inspection service (meat and poultry)










TO: All Concerned Persons


            1. On September 22, 2014, 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 September 10, 2014, 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, deleted matter interlined, new matter underlined:



            (1) through (1)(i) remain the same.

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

            (k) 9 CFR 416.1 through 9 CFR 441.10 500.8.; and

            (l) 9 CFR 500.1 through 9 CFR 500.8.

            (2) through (3) remain the same.


            AUTH:            81-2-102, 81-2-104, 81-9-220, MCA

            IMP:                81-2-102, 81-2-104, 81-9-217, 81-9-220, MCA


Reason: The department proposes to amend the above-stated rule to bring it up to date with current federal regulations effective as of March 18, 2014. No fees have been added or changed.


             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 MDOLcomments@mt.gov and must be received no later than 5:00 p.m., September 18, 2014.


            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., September 18, 2014.


            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 has been determined to be more than 25, based upon the facilities that may come under inspection.


            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 the 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 this 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/ Christian Mackay  BY: /s/ Robert Stutz
Christian Mackay  Robert Stutz
Executive Officer Rule Reviewer
Board of Livestock
Department of Livestock

             Certified to the Secretary of State August 11, 2014




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