[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Pages 16048-16050]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2020-05782]



Food Safety and Inspection Service

[Docket No. FSIS-2020-0010]

Notice of Request for Renewal of an Approved Information 
Collection (State Meat and Poultry Programs)

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice and request for comments.


SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the 
Office of Management and Budget (OMB) regulations, the Food Safety and 
Inspection Service (FSIS) is announcing its intention to request 
renewal of the approved information collection regarding State Meat and 
Poultry Programs. There are no changes to the existing information 
collection. The approval for this information collection will expire on 
July 31, 2020.

DATES: Submit comments on or before May 19, 2020.

ADDRESSES: FSIS invites interested persons to submit comments on this 
Federal Register notice. Comments may be submitted by one of the 
following methods:
     Federal eRulemaking Portal: This website provides 
commenters the ability to type short comments directly into the comment 
field on the web page or to attach a file for lengthier comments. Go to 
http://www.regulations.gov/. Follow the on-line instructions at that 
site for submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, 1400 
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2020-0010. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov/.
    Docket: For access to background documents or comments received, 
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Room 6065, South Building, Washington, DC 
20250-3700; (202) 720-5627.

    Title: State Meat and Poultry Programs.
    OMB Number: 0583-0170.
    Expiration Date of Approval: 7/31/2020.
    Type of Request: Renewal of an approved information collection.
    Abstract: FSIS has statutory authority under the Federal Meat 
Inspection Act (FMIA) (21 U.S.C. 601, et seq.), and the Poultry 
Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.), to set 
national standards for meat and poultry inspection (MPI). Section 
301(c) of the FMIA (21 U.S.C. 661(c)) and section 5(c) of the PPIA (21 
U.S.C. 454(c)) authorize the Secretary of Agriculture (Secretary) to 
designate a state as one in which the provisions of Titles I and IV of 
the FMIA and sections 1-4, 6-11, and 12-22 of the PPIA will apply to 
operations and transactions wholly within the state after the Secretary 
has determined that requirements at least ``equal to'' those imposed 
under the Acts have not been developed and effectively enforced by the 
state. Under a cooperative agreement with FSIS, states may operate 
their own MPI programs (i.e., meat, poultry, or both; egg products are 
excluded) provided they meet and enforce requirements ``at least equal 
to'' those imposed under the FMIA and PPIA. FSIS is responsible for 
certifying and monitoring that participating states meet the MPI 
program's ``at least equal to'' standard.\1\

    \1\ FSIS also administers a voluntary cooperative inspection 
program under which state-inspected establishments in participating 
states with 25 or fewer employees are eligible to ship meat and 
poultry products in interstate commerce (21 U.S.C. 683 and U.S.C. 
472) (9 CFR 321.3, Part 332, 381.187, and Part 381 Subpart Z). FSIS 
collects information for this program under OMB Control Number 0583-

    FSIS is announcing its intention to request renewal of the approved 
information collection regarding State Meat and Poultry programs. FSIS 
collects information from State Meat and Poultry Inspection programs to 
ensure that their programs operate in a manner that is at least equal 
to FSIS's Federal inspection program in the protection of public 
interest; comply with requirements of Federal civil rights laws and 
regulations; meet necessary laboratory quality assurance standards and 
testing frequencies; and have the capability to perform microbiology 
and food chemistry methods that are ``at least equal to'' methods 
performed in

[[Page 16049]]

the FSIS laboratories. There are no changes to the existing information 
collection. The approval for this information collection will expire on 
July 31, 2020.
    Twenty-seven states have MPI programs that operate under a 
cooperative agreement with FSIS and are subject to the comprehensive 
state review process. Comprehensive reviews of State MPI programs are 
conducted by an interdisciplinary team of FSIS Auditors from the Office 
of Investigation, Enforcement and Audit (OIEA), the Financial 
Management Division (FMD), the Civil Rights Staff (CRS), and the Office 
of Public Health Science Laboratory Quality Assurance Staff (LQAS). 
There are nine review components that make up the comprehensive state 
review process. The components are as follows: Component 1--Statutory 
Authority and Food Safety Regulations; Component 2--Inspection; 
Component 3--Sampling Programs; Component 4--Staffing, Training, and 
Supervision; Component 5--Humane Handling; Component 6--Compliance; 
Component 7--Laboratory Quality Assurance Program and Methods; 
Component 8--Civil Rights; and Component 9--Financial Accountability.
    For each of the first six components, State MPI programs submit 
annual self-assessment documentation to FSIS to demonstrate that the 
State MPI program is meeting the ``at least equal to'' Federal 
inspection requirements. Each component of the annual self-assessment 
includes a written narrative statement and documentation demonstrating 
that the program continuously meets the criteria to be ``at least equal 
to'' the Federal inspection program. State MPI programs also submit 
sufficient documentation to demonstrate that the program either follows 
current FSIS statutes, regulations, applicable directives and notices, 
and has implemented any changes necessary to maintain the ``at least 
equal to'' status or that the State MPI program has an effective, 
analogous program that would also be ``at least equal to'' the Federal 
inspection program. All State MPI programs need to demonstrate they 
operate in a manner that protects the health and welfare of consumers 
by ensuring that the meat and poultry products distributed by the 
establishments in the program are wholesome, not adulterated, and 
properly marked, labeled, and packaged.
    The annual self-assessment submission also includes one or more 
narratives describing the internal controls used by the State MPI 
program that: (1) Provide assurances and can measure the effectiveness 
of the program under the ``at least equal to'' criteria; (2) 
demonstrate how non-conformances will be addressed by corrective 
actions; and (3) demonstrate how the State MPI program will be 
maintained throughout the next 12 months.
    For Component 7 of the comprehensive state review process, states 
submit documentation of their laboratory quality assurance programs and 
methods. States document their laboratory quality assurance program 
activities on the FSIS Form 5720-14, State Meat and Poultry Inspection 
Program Laboratory Quality Management System Checklist. States submit 
copies of new or revised laboratory analytical methods accompanied by a 
FSIS Form 5720-15, Laboratory Method Notification Form.
    For Component 8 of the comprehensive state review process, states 
submit documentation of their Civil Rights compliance. States receive 
FSIS monies to operate their MPI programs, and as such, are subject to 
the nondiscrimination provisions of Title VI, Title IX, Section 504 of 
the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. 
In order to assess the 27 states' compliance with these provisions, 
FSIS requests information on the states' civil rights programs and 
controls on FSIS Form 1520.1--Civil Rights Compliance of State 
Inspection Programs. This form requests information regarding nine 
areas of civil rights compliance, which include: (1) Civil Rights 
Assurances; (2) State Infrastructure and Program Accountability; (3) 
Public Notification; (4) Racial and Ethnic Data Collection; (5) Civil 
Rights Complaints of Discrimination; (6) Civil Rights Training; (7) 
Disability Compliance, (8) Limited English Proficiency; and (9) 
Compliance with the Age Discrimination Act of 1975. The form allows 
states to: (1) Document management controls they have implemented and 
maintained with regard to these nine categories and (2) document how 
their overall civil rights program constitutes a civil rights program 
``at least equal to'' the FSIS Federal program.
    FSIS requests documentation concerning all components of the self-
assessment and completion of these forms annually. Submission of the 
completed forms is due by November 1 each year to the Coordinators from 
OIEA, FMD, CRS and LQAS. In each submission, states respond to all 
questions and report on programs and activities implemented and 
maintained during the prior fiscal year (October 1 through September 
    In addition to the annual self-assessment submission, State MPI 
programs are subject to an on-site review at a minimum frequency of 
once every three years to verify the accuracy and implementation of the 
self-assessment submissions. In the year that a State MPI program is 
scheduled for an on-site review, FSIS closely examines records from the 
State MPI program in order to determine annually whether the program is 
``at least equal to'' the Federal inspection program.
    Additionally, State MPI programs submit FSIS Form 5720-15, 
Laboratory Method Notification Form whenever a state lab revises or 
adds a new method for MPI program testing. FSIS has made the following 
estimates on the basis of an information collection assessment.
    Estimate of Burden: FSIS estimates that it will take each 
respondent an average of 255 hours to complete the forms and 
    Respondents: State MPI Directors, Program Managers, and/or Human 
Resources Officials.
    Estimated No. of Respondents: 27 respondents.
    Estimated No. of Annual Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 6,887 hours.
    Copies of this information collection assessment can be obtained 
from Gina Kouba, Office of Policy and Program Development, Food Safety 
and Inspection Service, USDA, 1400 Independence Avenue SW, Room 6065, 
South Building, Washington, DC 20250-3700; (202) 720-5627.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of FSIS's 
functions, including whether the information will have practical 
utility; (b) the accuracy of FSIS's estimate of the burden of the 
proposed collection of information, including the validity of the 
method and assumptions used; (c) ways to enhance the quality, utility, 
and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information, including through 
the use of appropriate automated, electronic, mechanical, or other 
technological collection techniques, or other forms of information 
technology. Comments may be sent to both FSIS, at the addresses 
provided above, and the Desk Officer for Agriculture, Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC 20253.
    Responses to this notice will be summarized and included in the 

[[Page 16050]]

for OMB approval. All comments will also become a matter of public 

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
    FSIS will also announce and provide a link to this Federal Register 
publication through the FSIS Constituent Update, which is used to 
provide information regarding FSIS policies, procedures, regulations, 
Federal Register notices, FSIS public meetings, and other types of 
information that could affect or would be of interest to our 
constituents and stakeholders. The Constituent Update is available on 
the FSIS web page. Through the web page, FSIS can provide information 
to a much broader, more diverse audience. In addition, FSIS offers an 
email subscription service which provides automatic and customized 
access to selected food safety news and information. This service is 
available at: http://www.fsis.usda.gov/subscribe. Options range from 
recalls to export information, regulations, directives, and notices. 
Customers can add or delete subscriptions themselves and have the 
option to password protect their accounts.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Paul Kiecker,
[FR Doc. 2020-05782 Filed 3-19-20; 8:45 am]