Testimony of Wayne Carlson
Livestock Services Coordinator
House Bill 1130
House Agriculture Committee
Peace Garden Room
January 16, 2003

Chairman Nicholas and Committee members, for the record, my name is Wayne Carlson. I am the Livestock Service Coordinator for the Department of Agriculture. I am here to testify in support of House Bill 1130.

The state meat inspection program was authorized by the 1999 Legislature, approved of by USDA and implemented in October, 2000. The Federal Meat Inspection Act (FMIA) allows individual states to develop meat and/or poultry programs after the designated state demonstrates that it has enacted laws that impose mandatory ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those in the FMIA. The original bill to create a state program, which is now the current meat inspection law, neglected to impose the sanitation requirements for custom exempt plants as required by federal law.

I will briefly describe the types of plants our staff inspects to give you a better understanding of what we are requesting. The program is responsible for oversight of two types of meat processing plants, official state establishments or "state inspected" plants and custom exempt establishments.

State-inspected packers and processors can sell their products to consumers, restaurants, grocery stores and other retailers within the state. State inspectors provide onsite inspections during slaughter and processing. Inspections are required to be as stringent as USDA inspections.

Custom-exempt plants are businesses that can slaughter animals and process meat for a producer or consumer who owns the animal. They also can process game for hunters. The meat is for the original animal's owner use only and must be stamped "Not for Sale." They cannot slaughter and sell the meat. However, they can purchase USDA or state-inspected meat for resale. They are inspected quarterly for facility and sanitation requirements and no inspection is required at slaughter.

The Department of Agriculture is submitting this bill to clarify the authority for the inspection of custom exempt plants. The current law, as written, mistakenly exempts custom processors from any laws or regulations under this chapter. The original intent of this section of the law was to exempt custom processors only from the inspection of the actual slaughter and processing activities, not the sanitation and facility requirements. This authority is necessary to ensure meat processors are operating in a sanitary manner and to continue operating a state meat inspection program.

House Bill 1130 will give the meat inspection staff the authority to inspect custom exempt plants for sanitation and facility requirements. This authority is mandated by the FMIA if North Dakota is to continue the state meat inspection program. If the state does not have a program the plants would still be subject to the exact same requirements imposed by federal inspectors. This bill does not create any additional authority above federal laws or what exists in other state programs.

Mr. Chairman and committee members, I urge a do pass on House Bill 1130. If you have any questions, I would be happy to answer them.

Thank you.