No. 30449 (Amendment): R58-11. Slaughtering of Livestock

DAR File No.: 30449
Filed: 09/14/2007, 02:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update Rule R58-11 to comply with the updated Food Safety Inspection Service (FSIS) regulations listed in 9 CFR 300, Parts 416, 417, 424, 434, 441, and 500; January 1, 2007, edition; and 9 CFR 301.2, 9 CFR 309.2, and 9 CFR 311.27, January 1, 2007, edition. The Utah Legislature has also adopted by reference FSIS Meat and Poultry Regulations.

Summary of the rule or change:

In the new rule changes listed in 9 CFR 309.2(a)(b), this rule eliminates the old emergency slaughter regulations that allowed the emergency slaughter of injured animals. Because of the new Bovine Spongiform Encephalitis (BSE) rule, nonambulatory animals cannot be slaughtered under any condition. Emergency slaughter is no longer an option for official plants, custom exempt plants, or tri-pod slaughter permittees. The age of the animal must be identified at the time of slaughter by all three slaughter individuals listed above.

State statutory or constitutional authorization for this rule:

9 CFR 300, Parts 416, 417, 424, 434, 441, and 500, January 1, 2007, edition; and 9 CFR 301.2, 9 CFR 309.2, and 9 CFR 311.27, January 1, 2007, edition

Anticipated cost or savings to:

the state budget:

There is no added cost to state government. This regulation affects the slaughtering of animals by slaughter establishments: official, custom, and tri-pod. This is part of the inspector's duties and responsibilities to make sure nonambulatory animals are not slaughtered and the plant management is keeping track of the age of the beef at time of slaughter for BSE purposes.

local governments:

There is no added costs to local governments. This regulation affects the slaughtering of animals by slaughter establishments: officials, custom, and tri-pod. This is part of the inspector;s duties and responsibilities to make sure nonambulatory animals are not slaughtered and that plant management is keeping track of the age of the beef at time of slaughter for BSE purposes.

small businesses and persons other than businesses:

There will be a small cost savings to the plant owners. They will no longer be allowed to slaughter downer animals as a result of the increased food safety measures being initiated as a result of BSE incidents.

Compliance costs for affected persons:

The two entities that would be affected would be Utah State Government, mainly the Utah Meat and Poultry Inspection Program and the state-inspected meat establishments. The rule changes establish expanded regulations that a plant must operate under. The inspector would enforce the regulations within the scope of his job responsibilities. There is nothing that a plant has to purchase in order for them to operate under the new rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will not impose any additional cost to businesses and will improve our overall food safety by not allowing downer animals to enter into commerce. This is a food safety and public health precautionary initiative and will maintain the state meat inspection program "equal to" status with federal government requirements. Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Terry Menlove, Kathleen Mathews, or Kyle Stephens at the above address, by phone at 801-538-7166, 801-538-7103, or 801-538-7102, by FAX at 801-538-7169, 801-538-7126, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2007

This rule may become effective on:

11/07/2007

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-11. Slaughter of Livestock.

R58-11-2. Definitions.

A. "Department" - Utah Department of Agriculture and Food.

B. "Commissioner" - Commissioner of Agriculture and Food or his representative.

C. "Business" - An individual or organization receiving remuneration for services.

D. "Food" - Product intended for human consumption.

E. "Owner" - A person holding legal title to the animal.

F. "Farm Custom Slaughtering" - The [killing]slaughtering, skinning and preparing of livestock by humane means for the purpose of human consumption which is done at a place other than a licensed slaughtering house by a person who is not the owner of the animal. Unless express prior permission is given by a department representative the place of slaughter shall be on the animal's owner's property.

G. "Permit" - Official written permission by the Utah Department of Agriculture and Food to do farm custom slaughtering.

H. "Permittee" - A person who possesses a valid farm custom slaughtering permit.

I. "Immediate Family" - Those living together in a single dwelling unit and/or their sons and daughters.

J. "Property Owner" - A person having legal title to or who is a tenant operator, or lessee of such property.

K. "Adulterated" - As outlined in 9 C.F.R 301.2[(c)], 1 Through 8; 381.1 (4), January 1, [2001]2007 edition.

L. "Misbranded" - as outlined in 9 C.F.R. 301.2 [(ii)(]1[)(2)(6)(12),] Through 12, Sections 316.6 and 317.16; 381.1(31), January 1, [2001]2007 edition.

M. "Detain or Embargo" - Holding of a food or food product for legal verification of adulteration, misbranding or proof of ownership.

N. "Bill of Sale for Hides" - A hide release or some other formal means of transferring the title of hides.

O. "Emergency Slaughter" - Emergency Slaughter is no longer allowed even for ambulatory injured cattle, 9 Code of Federal Regulations 311.27 amended. 9 CFR January 1, 2007 edition 309.2(a)(b) Non-ambularoty disabled cattle are not allowed to enter any Federal, State, or Custom Exempt Facility. Cattle Prohibited From Slaughter: Non-ambulatory disabled cattle that cannot rise from a recumbent position or cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column or metabolic conditions. They are not allowed to enter any plant.[Slaughtering of injured animals without first having obtained a Custom Slaughter-Release Permit from a Department Brand Inspector (providing the animal owner obtains a Custom Slaughter-Release Permit and the Farm Custom Slaughter Tag from a Department Brand Inspector within two working days following such slaughter. Further, the permittee must notify the Division of Meat Inspection within two working days following such slaughter).]

P. "Custom Slaughter-Release Permit" - A permit that will serve as a brand inspection certificate and will allow animal owners to have their animals farm custom slaughtered. The brand inspection certificate will include the age of each beef slaughtered that is recorded on the brand certificate. The original copy will be retained by the brand inspector. Copies will accompany the farm custom slaughter tag. A copy will be sent to the Department by the permittee with the Farm Custom Slaughter Tags and a copy will serve as the bona fide bill of sale for the hide.

 

R58-11-3. Registration and Permit Issuance.

A. Farm Custom Slaughtering Permit.

1. Any person or person desiring to do farm custom slaughtering shall apply to the Department. Such application for a permit will be made on a department form for a Farm Custom Slaughter Permit. The form shall show the name, address and telephone number of the owner, the name, address and telephone number of the operator if it is different than the owner, a brief description of the vehicle and the license number. Permits will be valid for the calendar year (January 1 to December 31). Each permittee will be required to re-apply for a permit every calendar year. Change of ownership or change of vehicle license will require a new application to be filed with the Department.

2. Registration will not be recognized as complete until the applicant has demonstrated his ability to slaughter and has completed and signed the registration form.

3. A fee of [$50]$75 must be paid prior to permit issuance.

 

R58-11-4. Equipment and Sanitation Requirements.

A. Unit of vehicle and equipment used for farm custom slaughtering:

1. The unit or vehicle used for farm custom slaughtering shall be so constructed as to permit maintenance in a clean, sanitary manner.

2. A tripod or rail capable of lifting a carcass to a height which enables the carcass to clear the ground for bleeding and evisceration must be incorporated into the unit or vehicle. Hooks, gambles, or racks used to hoist and eviscerate animals shall be of easily cleanable metal construction.

3. Knives, scabbards, saws, etc. shall be of rust resistant metal or other impervious easily cleanable material.

a. A clean dust proof container shall be used to transport and store all instruments and utensils used in slaughtering animals.

4. A water tank shall be an integral part of the unit or vehicle. It shall be of approved construction with a minimum capacity of 40 gallons. Water systems must be maintained in a sanitary manner and only potable water shall be used.

5. A tank (for sanitizing) large enough to allow complete emersion of tools used for slaughtering must be filled during slaughter operations with potable water and maintained at a temperature of at least 180 degrees Fahrenheit. In lieu of 180 degrees Fahrenheit water, chemical sterilization may be [done]used with an approved chemical agent after equipment has been thoroughly cleaned. Chloramine, hypochloride, and quaternary ammonium compounds or other approved chemical compounds may be used for this purpose and a concentration must be maintained at sufficient levels to disinfect utensils. Hot water, cleaning agents, and disinfectant shall be available at all times if chemicals are used in lieu of 180 degrees Fahrenheit water.

6. Cleaning agents and paper towels shall be available so hands and equipment may be cleaned as needed.

7. Aprons, frocks and other outer clothing worn by persons who handle meat must be clean and of material that is easily cleanable.

8. Approved denaturing agent shall be available for use during all processing times. Denaturing shall be accomplished as outlined in 9 C.F.R. 325.13, January 1, [2001]2007 edition.

9. When a permittee transports uninspected meat to an establishment for processing, he shall:

a. do so in a manner whereby product will not be adulterated or misbranded, and/or mislabeled; and

b. transport the meat in such a way that it is properly protected; and

c. deliver carcasses in such a way that they shall be placed under refrigeration within one hour of time of slaughter (40 degrees F).

10. Sanitation.

1. Unit or Vehicle.

a. The unit or vehicle must be thoroughly cleaned after each slaughter.

[b. Non-related items shall not be on or in the unit or vehicle at time of slaughter.

]2. Equipment.

a. All knives, scabbards, saws and all other food contact surfaces shall be cleaned and sanitized prior to slaughter and as needed to prevent adulteration.

b. Equipment must be cleaned and sanitized after each slaughter and immediately before each slaughter.

3. Inedibles.

a. Inedibles shall be placed in designated containers and be properly denatured, and the inedible containers must be clearly marked (Inedible Not For Human Consumption in letters not less then 4 inches in height).

b. Containers for inedibles shall be kept clean and properly separated from edible carcasses to prevent adulteration.

4. Personal Cleanliness.

a. Adequate care shall be taken to prevent contamination of the carcasses from fecal material, ingesta, milk, perspiration, hair, cosmetics, medications and similar substances.

b. Outer clothing worn by permittee shall, while handling exposed carcasses, be clean.

c. No permittee with a communicable disease or who is a disease carrier or is infected with boils, infected wounds, sores or an acute respiratory infection shall participate in livestock slaughtering.

d. Hand wash facilities shall be used as needed to maintain good personal hygiene.

 

KEY: food inspection

Date of Enactment or Last Substantive Amendment: [December 3, 1996]2007

Notice of Continuation: September 2, 2005

Authorizing, and Implemented or Interpreted Law: 4-32-8