238.00.22 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024

Rule 238.00.22-001 - State Meat Inspection Program Rules

RULES OF THE ARKANSAS MEAT INSPECTION PROGRAM

I. Incorporation by reference of federal meat inspection laws and regulations

The Department hereby incorporates by reference the most current revisions of the following Federal laws and regulations as though set forth herein line for line and word for word:

Title 7 of the United States Code, Chapter 48, Sections 1902 and 1906;

Title 21 of the United States Code, Chapter 12, Subchapter I, Sections 601, 603, 604, 605, 606, 607,608, 610,611,612,613,621,622, 623, Subchapter II, Sections 641,642, 643, 644, and Subchapter IV, Sections 671, 672, 673, 675, 676.

Title 9 of the Code of Federal Regulations, Chapter III, Subchapters A and E, excluding

* Subchapter A Parts 300.1-300.4, 302.2, 303.1(c), 304.2(c), 307.4(b)-(d), 307.5, 307.6, 316.13(c), 317.7, 318.8, 318.12, 321, 322, 327, 329, 331, 332, 335, 351, 352, 354, 355, 362, 381, and

* Subchapter E Part 439.

However, unless context otherwise dictates, references to "We", "the Food Safety and Inspection Service", and the "United States Department of Agriculture" shall refer to the "Arkansas Department of Agriculture" or "Department", and all words or terms defined or used in the federal regulations incorporated by reference shall mean the state equivalent or counterpart to those words or terms. Whenever an official mark, form, certificate, or seal is designated or required by federal law or regulation, the appropriate Arkansas Department of Agriculture mark, form, certificate, or seal shall be substituted.

II. Exemptions from the Arkansas Meat Inspection Program

1. The following are exempted from the labeling, sanitary standards, practices, and procedures of the Arkansas Meat Inspection Program:

A. Livestock producers with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption;

B. A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws; and

C. Any establishment engaged In slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for Intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards In conformity with the minimum standards of the Arkansas Meat Inspection Program.

III. Application for License or Exemption

1. An applicant for inspection shall submit to the Department an annual fee of $100 at the time the application is submitted.

2. Any establishment seeking exemption from the Arkansas Meat Inspection Program must submit to the Department an application for exemption stating In writing the specific exemption sought by the establishment from the exemptions set in Section II, Paragraph 1 of these rules.

3. The Department may accept or deny any application for license or exemption, but the application fee paid to the Department, if applicable, shall be refunded to the applicant if an application is denied.

4. The costs for routine inspection shall be borne by the State, but the cost of overtime and holiday work shall be borne and paid by the official establishment at the rates for overtime and holiday services established in Ark. Code Ann. § 20-60-212(a)(2).

IV. Custom Establishments

1. Livestock carcasses, parts of livestock carcasses, meat, and meat food products that are slaughtered by a custom establishment shall be:

A. Separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; and

B. Conspicuously and plainly marked "Not For Sale" Immediately after preparation and shall remain so marked until delivered to the owner.

V. Inspection and Appeals

1. Any livestock carcass, part of a livestock carcass, or meat food product found by an inspector to be unwholesome or adulterated in an official establishment shall be condemned.

A. Condemned meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector; or

B. If the meat or meat food product may be made wholesome and unadulterated by reprocessing, the meat or meat food product may be reprocessed under the supervision of an inspector and may not be subject to destruction If the meat or meat food product are then found by an inspector to be wholesome and unadulterated.

2. An official establishment may appeal an inspector's finding of condemnation.

A. The meat or meat food product subject to condemnation shall be conspicuously marked and segregated pending the completion of Inspection appeal.

B. The official establishment shall provide its request for inspection appeal in writing to the Department within 48 hours of the initial finding of condemnation.

C. The finding from the inspection appeal shall be the final finding, superseding the initial finding of condemnation.

D. If on inspection appeal the meat or meat food product is condemned, the meat or meat food product will be subject to Section V, paragraph (1), without further opportunity for appeal.

VI. Hearings

Hearings and notices for hearings for the Department's withdrawal and denial of inspection or the Department's determination that an advertisement or label is false or misleading shall be performed pursuant to the requirements of the Administrative Procedure Act, Ark. Code Ann. § 25-15-101 et. seq.

Arkansas Meat Inspection Program Rule Comment Summary

Cody Burkham (Arkansas Cattlemen's Association) and Randy Radley (Griffen's Custom Processing) expressed support for the rule and thanks to the Department for getting a rule prepared in such a timely fashion and further stated that the program was very much needed and would be a great benefit to Arkansas.

Response

The Department appreciates the comments.

238.00.22 Ark. Code R. 001

Adopted by Arkansas Register Volume 47 Number 05, Effective 5/5/2022