Docket No. 05-036IF - Ante-Mortem Inspection of Horses

[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Rules and Regulations]
[Page 6337-6341]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe06-1]

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[[Page 6337]]

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 352

[Docket No. 05-036IF; FDMS Docket Number FSIS-2005-0040]
RIN 0583-AD21

Ante-Mortem Inspection of Horses

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the
Federal meat inspection regulations to provide for a voluntary fee-for-
service program under which official establishments that slaughter
horses will be able to apply for and pay for ante-mortem inspection.
The fiscal year (FY) 2006 Appropriations Act prohibits the use of
appropriated funds to pay the salaries or expenses of FSIS personnel to
conduct ante-mortem inspection of horses. The Joint Explanatory
Statement of the Committee of Conference on the FY 2006 appropriations
bill for Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies, however, provides that the Department of
Agriculture is obliged to provide for inspection of meat for human
consumption. FSIS is establishing this fee-for-service program under
the Agricultural Marketing Act (AMA). Post-mortem inspection and other
inspection activities authorized by the Federal Meat Inspection Act
(FMIA) at official establishments that slaughter horses would continue
to be paid for with appropriated funds, except for overtime or holiday
inspection services.

DATES: Effective date: March 10, 2006. Comments must be received on or
before March 10, 2006. FSIS is providing a shortened comment period
because it is issuing an interim final rule and finds that it is in the
public interest for it to receive comments on an expedited basis.

ADDRESSES: FSIS invites interested persons to submit comments on this
interim final rule. Comments may be submitted by any of the following
methods:
Federal eRulemaking Portal: This Web site provides the ability to
type short comments directly into the comment field on this Web page or
attach a file for lengthier comments. FSIS prefers to receive comments
through the Federal eRulemaking Portal. Go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,

select ``Food Safety and Inspection Service'' from the agency drop-down
menu, then click on ``Submit.'' In the Docket ID column, select the
FDMS Docket Number to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Mail, including floppy disks or CD-ROM's, and hand- or courier-
delivered items: Send to Docket Clerk, U.S. Department of Agriculture,
Food Safety and Inspection Service, 300 12th Street, SW., Room 102
Cotton Annex, Washington, DC 20250.
Electronic mail: fsis.regulationscomments@fsis.usda.gov.
All submissions received must include the Agency name and docket
number 05-036IF.
All comments submitted in response to this interim final rule, as
well as research and background information used by FSIS in developing
this document, will be posted to the regulations.gov Web site. The
background information and comments also will be available for public
inspection in the FSIS Docket Room at the address listed above between
8:30 a.m. and 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Lynn Ellen Dickey, Ph.D., Director,
Regulations and Petitions Policy Staff, Office of Policy, Program, and
Employee Development, Food Safety and Inspection Service, 300 12th
Street, SW., Room 112 Cotton Annex Building, Washington, DC 20250-3700,
(202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

To prevent adulterated meat and meat food products from entering
interstate commerce, the FMIA requires that FSIS inspection personnel
conduct ante-mortem examination and inspection of all livestock
(cattle, sheep, swine, goats, horses, mules, and other equines) before
they are allowed to enter any slaughtering, packing, meat-canning,
rendering, or other similar establishment, in which they are to be
slaughtered and the meat and meat food products thereof are to be used
in commerce (21 U.S.C. 603). The FMIA also requires that FSIS
inspection personnel conduct post-mortem examination and inspection of
the carcasses and parts thereof of all livestock to be prepared at any
slaughtering, meat-canning, salting, packing, rendering, or similar
establishment in any State, Territory, or the District of Columbia as
articles of commerce that are capable of use as human food (21 U.S.C.
604). Additionally, the FMIA requires that FSIS inspection personnel
conduct inspection of official establishments that slaughter livestock
and prepare meat and meat food products thereof to determine whether
the establishments maintain sanitary conditions (21 U.S.C. 608).
The Humane Methods of Slaughter Act (HMSA) (7 U.S.C. 1901 et seq.)
requires that humane methods be used for handling and slaughtering
livestock, including horses. The ante-mortem inspection provisions of
the FMIA reference the HMSA and provide that, for the purposes of
preventing inhumane slaughter of livestock, the Secretary of
Agriculture will assign inspectors to examine and inspect the methods
by which livestock are slaughtered and handled in connection with
slaughter in slaughtering establishments subject to inspection (21
U.S.C. 603(b)).

Fiscal Year 2006 Appropriations Act

The FY 2006 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act (Pub. L. 109-
97) was enacted on November 10, 2005. Section 794 of the Appropriations
Act states that, effective 120 days after the date of its enactment,
none of the FY 2006 appropriated funds may be used to

[[Page 6338]]

pay the salaries or expenses of personnel to inspect horses under
section 3 of the FMIA (21 U.S.C. 603) or under the guidelines issued
under section 903 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 1901 note; Pub. L. 104-127). Section 3 of the FMIA
(21 U.S.C. 603) requires that FSIS inspection personnel conduct ante-
mortem examination and inspection of all livestock, including horses,
before they are allowed to enter an official establishment for
slaughter. Section 903 of the Federal Agriculture Improvement and
Reform Act of 1996 provides that, subject to the availability of
appropriations, the Secretary of Agriculture may issue guidelines for
the regulation of the commercial transportation of equine for slaughter
by persons regularly engaged in that activity within the United States.
Such guidelines have been issued and are administered by the Animal and
Plant Health Inspection Service (APHIS), rather than by FSIS.
Although the FY 2006 Appropriations Act specifically prohibits the
use of appropriated funds for ante-mortem inspection of horses (section
794 of the Act), it does not preclude the use of FY 2006 appropriated
funds for post-mortem inspection of horse carcasses and parts thereof
or other inspection services authorized by the FMIA at official
establishments that slaughter horses. The Joint Explanatory Statement
of the Committee of Conference that accompanies the FY 2006
appropriations bill states, ``It is the understanding of the conferees
that the Department is obliged under existing statutes to provide for
the inspection of meat intended for human consumption (domestic and
exported). The conferees recognize that the funding limitation in
section 794 prohibits the use of appropriated funds only for payment of
salaries or expenses of personnel to inspect horses'' (p. 107).
Therefore, according to the Joint Explanatory Statement, conferees
recognize that horse meat intended for human consumption must undergo
inspection. Similarly, it is significant that the Joint Explanatory
Statement explains that section 794 prohibits the use of appropriated
funds only for payment of salaries or expenses of personnel to inspect
horses and does not refer to any prohibition on the use of appropriated
funds to inspect horse carcasses or parts thereof. Thus, the Joint
Explanatory Statement is consistent with the FY 2006 Appropriation
Act's language that specifically prohibits the use of appropriated
funds to pay for ante-mortem inspection of horses but makes no such
restriction on the use of appropriated funds for post-mortem inspection
of horse carcasses and parts thereof. The Appropriations Act also
includes no limitation on the Agency's ability to establish a voluntary
fee-for-service program for ante-mortem inspection.
Section 798 of the FY 2006 Appropriations Act amends the FMIA by
striking the phrase ``cattle, sheep, swine, goats, horses, mules, and
other equines'' each place it appears and replacing it with the phrase
``amenable species.'' Section 798 defines ``amenable species'' as
``those species subject to the provisions of the Act [FMIA] on the day
before the date of the enactment of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2006; and any additional species of livestock that the Secretary
considers appropriate.'' Horses slaughtered in official establishments
were subject to the provisions of the FMIA on the day before the FY
2006 Appropriations Act was passed. Therefore, according to section 798
of the FY 2006 Appropriations Act, horses slaughtered for use as human
food in commerce are an ``amenable species'' and continue to be subject
to applicable provisions of the FMIA.

Petition on Voluntary Ante-Mortem Inspection of Horses

On November 23, 2005, the USDA received a petition on behalf of the
three official establishments that slaughter horses in the United
States requesting that FSIS promulgate an interim final rule to provide
for voluntary, fee-for-service ante-mortem inspection of horses under
the AMA. The petition also requested that the USDA provide for
voluntary, fee-for-service transportation-related inspection of equines
to slaughter under the Agricultural Marketing Act (AMA).

The Interim Final Rule

Because the FY 2006 Appropriations Act prohibits FSIS from using FY
2006 appropriated funds for the salaries or expenses of personnel to
conduct ante-mortem inspection of horses and because the Joint
Explanatory Statement makes clear that the Department is obliged to
provide for inspection of meat for human consumption, FSIS is
establishing a voluntary fee-for-service program under the AMA (7
U.S.C. 1622 and 1624) in which official establishments that slaughter
horses can apply and pay for ante-mortem inspection. Therefore, this
interim final rule is consistent with the petitioners' request that
FSIS promulgate an interim final rule to provide for voluntary, fee-
for-service ante-mortem inspection of horses under the AMA.
Regulations for the commercial transportation of equines for
slaughter are administered by APHIS, rather than by FSIS. (See 9 CFR
part 88, ``Commercial Transportation of Equines for Slaughter.'') Thus,
FSIS referred the petitioner's request that USDA establish a program
for voluntary fee-for-service transportation-related inspection of
equines under the AMA to APHIS. While not all of the activities
conducted by APHIS under 9 CFR part 88 are affected by the restrictions
imposed by Congress on using appropriated funds during FY 2006,
activities involving inspection of horses are affected. To continue to
ensure the humane transportation or horses to slaughter, APHIS is
prepared to establish a voluntary fee-for-service program in order to
continue its inspection of horses under 9 CFR part 88.
APHIS intends to establish such a program under the authority
provided in the FY 2006 Appropriations Act, which authorizes the agency
to collect fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other political
subdivisions, domestic and international organizations, foreign
governments, or individuals, provided that such fees are structured
such that any entity's liability for such fees is reasonably based on
the technical assistance, goods, or services provided to the entity by
the agency, and such fees shall be credited to a trust fund account
established for this purpose, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services. APHIS will make this program available to the three domestic
entities that slaughter horses via agreements under which APHIS will be
reimbursed for services provided to inspect horses delivered to the
facilities. No changes to the regulations are necessary. APHIS
anticipates that the costs for each facility would average
approximately $10,100 to cover the salary of one animal health
technician for the time necessary to inspect horses at the facility for
the remainder of FY 2006.
In this interim final rule, FSIS is amending part 352 of the
Federal meat inspection regulations to include this program. Part 352
of Title 9 of the CFR includes provisions for the voluntary inspection
and certification service for wholesomeness relating to the slaughter
and processing of exotic animals (reindeer, elk, deer, antelope, water
buffalo, or bison) (Sec. 352.2).

[[Page 6339]]

As is explained above, the FMIA requires that horses, like all
amenable species, undergo examination and inspection before they can
enter an establishment in which they are to be slaughtered for their
meat that will be used for human consumption. Thus, with the passage of
the FY 2006 Appropriations Act, if FSIS does not establish a means for
official establishments that slaughter horses to obtain ante-mortem
inspection, these establishments will not be able to operate and
presumably will be forced out of business.
In this interim final rule, FSIS is establishing a program under
which official establishments that slaughter horses can pay for ante-
mortem inspection under the AMA. Section 203(h) of the AMA (7 U.S.C.
1622(h)) provides the Secretary of Agriculture with the authority: ``To
inspect, certify, and identify the class, quality, quantity, and
condition of agricultural products when shipped or received in
interstate commerce, under such rules and regulations as the Secretary
of Agriculture may prescribe, including assessment and collection of
such fees as will be reasonable and as nearly as may be to cover the
cost of the service rendered, to the end that agricultural products may
be marketed to the best advantage, that trading may be facilitated, and
that consumers may be able to obtain the quality product which they
desire, except that no person shall be required to use the service
authorized by this subsection.''
The fees that this interim final rule will require for ante-mortem
inspection of horses are necessary to cover the costs of inspection
services rendered. Under this rule, official establishments that
slaughter horses will pay for ante-mortem inspection at the rates that
apply to exotic animal establishments under voluntary inspection (Sec.
352.5). Therefore, the fees that official establishments that slaughter
horses will pay for ante-mortem inspection are reasonable.
In this interim final rule, FSIS is amending part 352 of the
regulations so that the existing regulations that apply to exotic
species would become Subpart A. FSIS is also adding a new Subpart B
that will apply to horses. In Subpart B, FSIS is specifying which
provisions in part 352 Subpart A will also apply to official
establishments that slaughter horses. Subpart B specifies that official
establishments that wish to slaughter horses can apply for voluntary
ante-mortem inspection according to Sec. 352.3, and that such
establishments will pay the base time, overtime, and holiday rates for
ante-mortem inspection that apply to exotic species establishments
under voluntary inspection according to Sec. 352.5. Such inspections
shall be made only in pens on the premises of the establishment at
which the horses are offered for slaughter, in accordance with Sec.
309.1(b). Subpart B also specifies that official establishments that
slaughter horses will be required to meet all other applicable
requirements in Sec. Sec. 352.8 and 352.9 to receive voluntary ante-
mortem inspection. Specifically, under Sec. 352.8, such establishments
will be required to notify the District Manager or designee, in
advance, of the hours when ante-mortem inspection is desired and will
be required to provide inspection personnel access at all times to
every part of the official establishment. Under Sec. 352.9, official
establishments that slaughter horses and receive voluntary ante-mortem
inspection will be required to provide such information as may be
required on forms provided by FSIS.
This interim final rule requires that, if an establishment that
wishes to slaughter horses meets the applicable requirements in part
352 Subpart A, FSIS inspection personnel will conduct ante-mortem
inspection at the establishment in accordance with Sec. 352.10, and
all provisions in part 309 that pertain to horses will continue to
apply. Thus, under this interim final rule, official establishments
that slaughter horses will continue to receive ante-mortem inspection
services consistent with those provided to other official
establishments that slaughter livestock. In addition, under this rule,
FSIS can deny or withdraw ante-mortem inspection services at horse
slaughter establishments for any applicable reason under Sec. 352.6.
Finally, this interim final rule provides that the official marks
and devices used to identify Federally-inspected and passed horse
carcasses, and parts of horse carcasses, and horse meat food products
will continue to be those set forth in Sec. 312.3. Although this
interim final rule will provide that official establishments that
slaughter horses receive ante-mortem inspection services pursuant to a
fee-for-service program governed by the AMA, all other inspection
services conducted at such establishments, including post-mortem
inspection of horse carcasses, parts thereof, and horse meat food
products, will continue to be rendered pursuant to, and in accordance
with the requirements of the FMIA. Therefore, it is appropriate that
inspected and passed horse carcasses, parts of horse carcasses, and
horse meat food products continue to receive the official inspection
legend in Sec. 312.3.
As is explained above, in accord with the FY 2006 Appropriations
Act, horses slaughtered for use in human food in commerce are an
``amenable species'' and continue to be subject to applicable
provisions in the FMIA. Therefore, all requirements in the regulations
authorized by the FMIA that pertain to official establishments that
slaughter horses will continue to apply. For example, as is currently
required, the slaughter or other preparation of horses will be required
to be done in establishments separate from any establishment in which
cattle, sheep, swine, or goats are slaughtered or their products
prepared (Sec. 305.2(b)). Official establishments that slaughter
horses will also be required to continue to use humane methods for
handling and slaughtering horses (Sec. 352.10).
The FY 2006 Appropriations Act will be in effect until October 1,
2007 (the first day of FY 2007). FSIS will make any necessary changes
to this interim final rule based on any applicable legislation in
future fiscal years.

Executive Order 12866 and the Regulatory Flexibility Act

This interim final rule has been determined to be non-significant
and was not reviewed by the Office of Management and Budget under
Executive Order 12866.

Need for the Rule

The FY 2006 Appropriations Act for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies prohibits the use of
appropriated funds for ante-mortem inspection of horses at official
establishments. The FMIA requires that horses undergo examination and
inspection before they can enter an official establishment in which
they are to be slaughtered. This interim final rule is necessary to
allow official establishments that slaughter horses to continue to
operate in FY 2006.

Description of the Affected Industry

There are three small official establishments that slaughter horses
in the United States. According to the Pathogen Reduction; Hazard
Analysis and Critical Control Point final rule, a small establishment
is one that has 10 or more but fewer than 500 employees (61 FR 38819).
The establishments that will be affected by this rule slaughter horses
to be processed into human food overseas.

Costs to Industry

To be consistent with the Joint Explanatory Statement and to allow
horse slaughter establishments to

[[Page 6340]]

continue to operate, this interim final rule provides that these
establishments may apply and pay for ante-mortem inspection under the
regulations for the voluntary inspection of exotic animals (part 352).
According to these regulations, the base time rate is $43.64 per
program employee (Sec. 391.2). FSIS personnel typically conduct ante-
mortem inspection for 10 to 15 hours per week at each official
establishment that slaughters horses. Each establishment will pay
approximately $22,693 ($43.64 * 10 hours * 52 weeks) to $34,039 ($43.64
* 15 hours * 52 weeks) for base time ante-mortem inspection in FY 2006.
Therefore, total costs of the rule will range from $68,079 to $102,117
in FY 2006.

Net Benefits

The benefits of this rule are those revenues that horse slaughter
establishments realize by continuing to operate in FY 2006. The costs
of this rule are the user fees, estimated above, which official
establishments that slaughter horses will have to pay for ante-mortem
inspection in order to continue operating in FY 2006. These fees are
reasonable, and the establishments should be able to continue to
realize a profit after paying these expenses.

Regulatory Flexibility Analysis

FSIS has examined the economic implications of this interim final
rule as required by the Regulatory Flexibility Act (5 U.S.C. 601-012).
FSIS has made an initial determination that this rule will not have a
significant effect on a substantial number of small entities.
All the establishments affected by this rule qualify as small under
the Small Business Administration definition of a small business. FSIS
has estimated that each official establishment affected by this
proposal would pay approximately $22,693 to $34,039 in FY 2006 for base
time ante-mortem inspection. These fees are reasonable, and, therefore,
not likely to have a significant negative effect on affected
establishments.

Executive Order 12988

This interim final rule has been reviewed under Executive Order
12988, Civil Justice Reform. This rule: (1) Preempts all State and
local laws and regulations that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.

Need for Immediate Action

In accordance with the Administrative Procedures Act (5 U.S.C.
553), it is the practice of FSIS to offer interested parties the
opportunity to comment on proposed regulations. However, adoption of
this interim final rule without prior notice and an opportunity to
comment is appropriate and necessary following enactment of the FY 2006
Appropriations Act. The FY 2006 Appropriations Act prohibits the use of
appropriated funds for ante-mortem inspection of horses, effective 120
days after the date of its enactment (November 10, 2005). Nevertheless,
horses slaughtered for human food continue to be subject to all
requirements of the FMIA, including the requirements for ante-mortem
inspection, post-mortem inspection, and other inspection activities. As
is explained above, the FY 2006 Appropriations Act does not preclude
the use of appropriated funds for post-mortem inspection and other
inspection activities conducted under the FMIA at official
establishments that slaughter horses. Furthermore, the Appropriations
Act includes no limitation on the Agency's ability to establish a
voluntary fee-for-service program for ante-mortem inspection.
This interim final rule must be published in the Federal Register
and must be effective within 120 days following enactment of the FY
2006 Appropriations Act to ensure continuity of operations at official
establishments that slaughter horses. With the passage of the FY 2006
Appropriations Act, if FSIS does not establish a means for official
establishments that slaughter horses to obtain ante-mortem inspection,
these establishments will not be able to operate and presumably will be
forced out of business. This interim final rule is necessary to avoid
disruption of operations at official establishments that slaughter
horses. Therefore, the Administrator has determined that prior notice
and opportunity for public comment are impracticable and contrary to
the public interest under 5 U.S.C. 553(b), and that there is good cause
under 5 U.S.C. 553(d) for making the action effective as specified
herein.

Paperwork Reduction Act of 1996

There is no new paperwork associated with this action. Under this
interim final rule, official establishments that slaughter horses will
be required to submit an application for ante-mortem inspection
according to Sec. 352.3. The OMB approval number for applications for
voluntary inspection is 0583-0082. The interim final rule contains no
other paperwork requirements.
FSIS is committed to compliance with the Government Paperwork
Elimination Act (GPEA), which requires Government agencies, in general,
to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.

Additional Public Notification

Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and, in particular, minorities, women, and persons with
disabilities are aware of this interim final rule, FSIS will announce
it on-line through the FSIS Web page located at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov/regulations_&_policies/2006_Interim_&_Final_Rules_Index/index.asp.
The Regulations.gov Web site is the central

online rulemaking portal of the United States government. It is being
offered as a public service to increase participation in the Federal
government's regulatory activities. FSIS participates in
Regulations.gov and will accept comments on documents published on the
site. The site allows visitors to search by keyword or Department or
Agency for rulemakings that allow for public comment. Each entry
provides a quick link to a comment form so that visitors can type in
their comments and submit them to FSIS. The website is located at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov/.

FSIS also will make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS Web page. Through
Listserv and the Web page, FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an e-mail subscription service which
provides an automatic and customized notification when popular pages
are updated, including Federal Register publications and related
documents. This service is available at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov/news_and_events/email_subscription/
and allows FSIS customers to sign up

for subscription options across eight categories. Options range from
recalls to export information to regulations,

[[Page 6341]]

directives and notices. Customers can add or delete subscriptions
themselves and have the option to password protect their account.

List of Subjects in 9 CFR Part 352

Food labeling, Meat inspection, Reporting and recordkeeping
requirements.

0
For the reasons discussed in the preamble, FSIS is amending 9 CFR part
352 of the Federal meat inspection regulations as follows:

PART 352--EXOTIC ANIMALS AND HORSES; VOLUNTARY INSPECTION

0
1. The heading of part 352 is revised to read as set forth above.

0
2. The authority citation for part 352 continues to read as follows:

Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.

0
3. A new subpart A heading is added before Sec. 352.1 to read as
follows:

Subpart A--Exotic Animals

0
4. A new Subpart B is added to read as follows:

Subpart B--Horses

Sec. 352.19 Ante-mortem inspection and applicable requirements.

Notwithstanding part 309 of this subchapter, an official
establishment that wishes to slaughter horses can apply for voluntary
ante-mortem inspection according to Sec. 352.3. Such establishments
shall pay the applicable base time, overtime, and holiday rates for
ante-mortem inspection in accordance with Sec. 352.5. Such ante-mortem
inspection shall be made in pens on the premises of the establishment
at which the horses are offered for slaughter in accordance with Sec.
309.1(b), and such establishments also shall comply with all applicable
provisions of Sec. Sec. 352.8 and 352.9. If the establishment complies
with all these requirements for ante-mortem inspection, FSIS will
conduct ante-mortem inspection at that establishment in accordance with
Sec. 352.10, and all other provisions in part 309 of this subchapter
that pertain to horses will apply. FSIS may deny or withdraw ante-
mortem inspection services at official establishments that slaughter
horses for any applicable reason under Sec. 352.6. Official marks and
devices to identify inspected and passed horse carcasses and parts of
carcasses, or horse meat food products shall be those in Sec. 312.3 of
this subchapter.

Done at Washington, DC, on February 2, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06-1101 Filed 2-7-06; 8:45 am]

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