Mo. Code Regs. tit. 2 § 30-10.010
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 2 CSR 30-10.010 - [Effective until 8/26/2024] Inspection of Meat and PoultryPURPOSE: This amendment ensures that the current rule language clearly includes the most recent publication of Part 300 to end of Title 9, the Code of Federal Regulations, for the Missouri Meat and Poultry Inspection Program to be in compliance with federal regulations and maintain "equal to" status as determined by the United States Department of Agriculture/Food Safety and Inspection Service.
EMERGENCY STATEMENT: This emergency amendment is necessary to serve the compelling governmental interest to inform state agencies and the public of the most current adoption of Title 9 Code of Federal Regulations Parts 300 to end is incorporated into state regulation. The State Meat and Poultry Inspection (MPI) programs are required to operate in a manner and with authorities that are "at least equal to" the antemortem and postmortem inspection, re-inspection, sanitation, recordkeeping, and enforcement provisions as provided for in the Federal Meat Inspection Act and the Poultry Products Inspection Act. State MPI programs must stay current with and be able to explain how their programs are equal to FSIS regulations to ensure their rules are "at least equal to" USDA/FSIS and in compliance with federal regulations. Therefore, an amendment to clarify the most current federal meat and poultry inspection regulations are being incorporated by reference and provide enforcement authority in Missouri. This regulation applies to approximately fifty-five (55) state inspected meat and poultry establishments and three hundred thirty-seven (337) custom exempt plants in Missouri, which as a whole, produces millions of dollars in Missouri's economy. This emergency amendment protects the public health, safety, and/or welfare under a compelling governmental interest, which requires this emergency action. A proposed amendment, which covers the same material, is published in this issue of the Missouri Register. The scope of this emergency amendment is limited to the circumstances creating the emergency and complies with the protection extended in the Missouri and United States Constitutions. The Department of Agriculture believes this emergency amendment is fair to all interested persons and parties under the circumstances. This emergency amendment was filed February 14, 2024, becomes effective February 29, 2024, and expires August 26, 2024.
(1) The state meat inspection program is administered by the Division of Animal Health of the Missouri Department of Agriculture.(2) The standards used to inspect Missouri meat and poultry slaughter and processing shall be those shown in Part 300 to end of Title 9, the Code of Federal Regulations (January 2024), herein incorporated by reference and made a part of this rule as published by the United States Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20402-0001, phone: toll-free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.(3) The standards used for humane slaughter of livestock shall be those shown in Title 7, Chapter 48, the United States Code (U.S.C.), herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capitol Street N W, Washington, DC 20402-0001, phone: toll-free (866) 512-1800; DC area (202) 512-1800, e-mail: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.(4) The standards used to inspect Missouri meat products, and enforce such standards, shall be those shown in Title 21, Chapter 12, the United States Code (U.S.C., 601 et seq.) (May 22, 2008), herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street N W, Washington, DC 20402-0001, phone: toll free (866) 512-1800; DC area (202) 512-1800, email: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.(5) The standards used to inspect Missouri poultry products, and enforce such standards, shall be those shown in Title 21, Chapter 10, the United States Code (U.S.C., 451 et seq.) (May 22, 2008), herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street N W, Washington, DC 20402-0001, phone: toll free (866) 512-1800; DC area (202) 512-1800, email: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.(6) The standard used for the humane slaughter and inspection of rabbits shall be those shown in Chapter 265, RSMo 2000, with the following exceptions:(A) The slaughtering of rabbits conducted by the person who has raised those rabbits, the processing of those rabbits by that person and the transportation in commerce of the products of those rabbits by that person when done exclusively for use by that person, members of that person's household, that person's employees and that person's nonpaying guests;(B) The custom slaughter of rabbits by any person when the rabbits' owner delivers them to such slaughterer for slaughter, processing and transportation in commerce of the rabbit products when those rabbit products are for the exclusive use of the owner, members of the owner's household, the owner's employees and the owner's nonpaying guests. Provided, however, that the custom slaughterer does not engage in the business of buying or selling any rabbit products capable of use as human food. Persons operating under this exemption must retain records reflecting the name and address of the owner and the date of slaughter. Records required by this part must be retained and available for inspection for one (1) calendar year;(C) The slaughtering and processing of rabbit products by any rabbit producer when done on the producer's own premises with respect to sound and healthy rabbits raised on the producer's premises and the distribution of the rabbit products derived from such operations. In lieu of other labeling requirements, such rabbit products must be identified with the name and address of the rabbit producer; not be otherwise misbranded; and be sound, clean, and fit for human food when so distributed. Persons operating under this exemption must retain records reflecting the date of each sale, the name of the buyer for each sale and the number of rabbits sold at each sale. Records required by this part must be maintained and available for inspection for two (2) years from the date of sale; and(D) The slaughtering of sound and healthy rabbits or the processing of rabbit products by any rabbit producer or other person for distribution by him or her solely and directly to household consumers, restaurants, hotels, and boarding houses for use in their own dining rooms, or in the preparation of meals for sales direct to consumers. In lieu of other labeling requirements, such rabbit products must be identified with the name and address of the processor; must not be otherwise misbranded; and must be sound, clean, and fit for human food when distributed by such processor. Persons operating under this exemption must retain records reflecting the date of each sale, the name of the buyer for each sale and the number of rabbits sold at each sale. Records required by this part must be maintained and available for inspection for two (2) years from the date of sale.(E) The exemptions provided for in subsections (6)(C) and (6)(D) hereof shall not apply if the rabbit producer or other person:1. Slaughters or processes the products of more than one thousand (1,000) rabbits in a calendar year;2. Slaughters rabbit products at a facility used by any other rabbit producers or persons for slaughtering rabbits or processing rabbit product; or3. Engages in the business of buying or selling any rabbit or rabbit products other than as specified.(F) Any person not qualifying for exemption of rabbits and rabbit products are subject to inspection and must follow state meat inspection requirements.(7) The slaughtering of poultry under an exemption in 9 CFR 381.10 must be done within twenty-four (24) hours of the poultry's delivery to the slaughtering establishment. It is further provided that holding cages and cages provided by the establishment to its customers to transport the poultry to the establishment for slaughter must be cleaned and disinfected by the establishment after each use.AUTHORITY: section 265.020, RSMo 2000. Original rule filed Sept. 14, 2000, effective March 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed Nov. 21, 2013, effective May 31, 2014.Amended by Missouri Register February 2, 2015/Volume 40, Number 03, effective 3/31/2015Amended by Missouri Register September 1, 2016/Volume 41, Number 17, effective 10/31/2016Amended by Missouri Register September 1, 2017/Volume 42, Number 17, effective 10/31/2017Amended by Missouri Register July 16, 2018/Volume 43, Number 14, effective 8/31/2018Amended by Missouri Register January 2, 2020/Volume 45, Number 1, effective 2/29/2020Amended by Missouri Register July 15, 2020/Volume 45, Number 14, effective 8/31/2020Amended by Missouri Register July 15, 2021/Volume 46, Number 14, effective 8/31/2021Amended by Missouri Register February 15, 2022/Volume 47, Number 4, effective 1/26/2022Amended by Missouri Register June 15, 2022/Volume 47, Number 12, effective 7/31/2022Amended by Missouri Register February 15, 2023/Volume 48, Number 4, effective 1/24/2023Amended by Missouri Register June 15, 2023/Volume 48, Number 12, effective 7/31/2023Amended by Missouri Register March 15, 2024/volume 49, Number 6, effective 2/29/2024, exp. 8/26/2024 (Emergency).