ARC 8225C - Iowa Administrative Rules

Adopted and Filed

Meat and poultry inspections—adoption by reference, amendments to ch 76

Untitled document

ARC 8225C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Rulemaking related to adoption by reference

The Agriculture and Land Stewardship Department hereby amends Chapter 76, “Meat and Poultry Inspection,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 189A.13.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 189A.3 through 189A.5 and 189A.7.

Purpose and Summary

This rulemaking includes a number of routine updates to the chapter by adopting by reference updated federal regulations. These updates are required for Iowa’s Meat and Poultry Inspection Program to maintain its “equal-to” status with the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS).

Specifically, the rulemaking does the following:

●Adds 9 CFR Part 316 back to the chapter after it was accidentally removed during a previous rulemaking.

●Updates a reference to a federal regulation that removed provisions that required packages of meat or poultry products over one pound to list the net weight or net contents in two different units of measurement on the product label.

●Updates a reference to a federal regulation that sets a time limit of 30 days after notification to appeal decisions or actions related to inspection activities.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 15, 2024, as ARC 7934C. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on August 1, 2024.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking will become effective on October 23, 2024.

The following rulemaking action is adopted:

ITEM 1.Adopt the following new implementation sentence in rule 21—76.1(189A):

This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

ITEM 2.Amend rule 21—76.2(189A) as follows:

21—76.2(189A) Federal Wholesome Meat Act regulations adopted. Part 303, Part 304, Part 305, Part 306, Parts 309 through 315, Parts 317 through 320, Part 329, Part 332, Part 412, Part 416, Part 417, Part 418, Part 424, Part 430, Part 431, Part 441 and Part 442 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of December 31, 20212023, are hereby adopted in their entirety by reference. Part 307 except Sections 307.5 and 307.6 and Part 325 except Section 325.3 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of July 30, 2018December 31, 2023, are hereby adopted in their entirety by reference. Part 500 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016December 31, 2023, is adopted by reference, except that references in Sections 500.5, 500.6, 500.7, and 500.8 to the federal Uniform Rules of Practice are not adopted.

This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

ITEM 3.Amend rule 21—76.3(189A) as follows:

21—76.3(189A) Federal Poultry Products Inspection Act regulations adopted. Part 381, Title 9, Chapter III, of the Code of Federal Regulations, revised as of December 31, 20202023, is hereby adopted in its entirety with the following exceptions: Sections 381.96, 381.97, 381.99, 381.101, 381.102, 381.104, 381.105, 381.106, 381.107, and 381.128, Subpart R, Subpart T, Subpart V, and Subpart W; and in addition thereto, the following subsections shall be expanded to include:

1.Sec. 381.1(b)(2) therein defining the term “Act” shall include the Iowa meat and poultry inspection Act, Iowa Code chapter 189A.

2.Sec. 381.1(b)(3) therein defining the term “administrator” shall include the supervisor of the Iowa meat and poultry inspection service, or any officer or employee of the Iowa department of agriculture and land stewardship.

3.Sec. 381.1(b)(10) therein defining the term “commerce” shall include intrastate commerce in the state of Iowa.

4.Sec. 381.1(b) therein defining the term “department” shall include the Iowa department of agriculture and land stewardship.

5.Sec. 381.1(b)(47) therein defining the term “secretary” shall include the secretary of agriculture of the state of Iowa.

6.Sec. 381.1(b)(53) therein defining the term “United States” shall include the state of Iowa.

This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

ITEM 4.Amend rule 21—76.4(189A) as follows:

21—76.4(189A) Inspection required. Every establishment except as provided in Section 303.1(a), (b), (c) and (d) of Title 9, Chapter III, Subchapter A, of the Code of Federal Regulations, revised as of July 30, 2018December 31, 2023, in which slaughter of livestock or poultry, or the preparation of livestock products or poultry products is maintained for transportation or sale in commerce, shall be subject to the inspection and other requirements of those parts of Title 9, Chapter III, Subchapter A, of the Code of Federal Regulations, revised as of July 30, 2018December 31, 2023, enumerated in rules 21—76.1(189A), 21—76.2(189A) and 21—76.3(189A).

This rule is intended to implement Iowa Code sections 189A.4 and 189A.5.

ITEM 5.Adopt the following new implementation sentence in rule 21—76.5(189A):

This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

ITEM 6.Rescind the chapter implementation sentence in 21—Chapter 76.

[Filed 8/23/24, effective 10/23/24]

[Published 9/18/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/18/24.