Food Products Inspection Section
ORDER
I. NATURE OF PROCEEDINGS
Pursuant to its authority under 3 Del.C. §8708(8), the Department proposed to amend its regulations concerning the rules of practice that govern agency enforcement actions by bringing them into conformity with federal law. The Department proposed to define each type of enforcement action that it may take, the conditions under which it is likely to take each of these actions and the procedures it will follow when it does so.
Notice of the public hearing on the Department’s proposed amendments was published in the Delaware Register of Regulations for January 1, 2002 as well as in two Delaware newspapers of general circulation in accordance with 29 Del.C. §10115. Thereafter, the public hearing was held as noticed on Friday, February 15, 2002 before the Department’s designee, Bruce Walton, and at which time, no public comments either written or oral having been received, Mr. Walton resolved to recommend to the Secretary of the Department that the proposed amended regulations be adopted. This is the Department’s Decision and Order adopting the proposed amended regulations.
II. EVIDENCE SUBMITTED AT PUBLIC HEARING
The Department received no written comments in response to the notice of intention to adopt the proposed amended regulations. No public comments were received at the February 15, 2002 public hearing.
III. FINDINGS AND CONCLUSIONS
The public was given the required notice of the Department’s intention to adopt the proposed regulations and was given ample opportunity to provide the Department with comments opposing the Department’s plan. Thus, the Department concludes that its consideration of the proposed amended regulations was entirely within its prerogatives and statutory authority and, having received no comments opposed to adoption, it is now free to do so.
IV. ORDER
NOW THEREFORE, it is hereby ordered that:
1. The proposed amendments to the Department’s food products inspection regulations are adopted in the language found at 66545 of the Federal Register at Volume 64, No. 228, and beginning with the heading “Part 304 - Application for Inspection; Grant of Inspection” and ending at page 66547 at the end of Section 500.8(c), which is incorporated by reference herein.
2. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations in accordance with 29 Del. C. §10118(e).
3. The Department reserves the jurisdiction and authority to issue such other and further orders in this matter as may be just and proper.
Michael T. Scuse, Secretary
Delaware Department of Agriculture
The Delaware Department of Agriculture, Food Products Inspection Section proposed to amend its regulations concerning the rules of practice that apply to agency enforcement actions by bringing them into the conformity with federal law. The Department proposed to define each type of enforcement action that it may take, the conditions under which it likely to take each of these actions, and the procedures it will follow in doing so.
The proposed amendments are part of the Department’s ongoing effort to consolidate, streamline, and clarify the meat and poultry product inspection regulations. To that end, the Department is proposed to adopt by reference, in their entirety, the federal regulations published in the Federal Register at Volume 64, Number 228, dated November 29, 1999, amending the Code of Federal Regulations at 9 CFR Sections 304, 305, 327, 335, 381 and adding a new Part 500 which became effective January 25, 2000.
AUTHORITY
These proposed amendments to regulations governing food product inspection are promulgated pursuant to the Department’s authority set forth in Section 8708(a) of Title 3 of the Delaware Code.
PURPOSE
The purpose of these proposed amendments to regulations is to consolidate, streamline, and clarify the meat and poultry product inspection regulations thereby insuring that Department enforcement actions are fair by identifying the situations that may lead to such actions.
SUBSTANTIVE PROVISIONS
The Department incorporates by reference herein, in its entirety, the language found at page 66545 of the Federal Register at Volume 64, Number 228, beginning with the heading "Part 304-Application for Inspection; Grant of Inspection" and ending at page 66547 at the end of Section 500.8(c).
ORDER ADOPTING REGULATIONS
AND NOW, this 13th dayof March 2002, and in accordance with 29 Del.C. §10118 and for the reasons set forth herein, the Food Products Inspection Section of the Delaware Department of Agriculture (hereinafter “the Department”) enters this Order adopting regulations.