§161-7 - General powers.
§161-7 General powers. The department,
through its board, may:
(1)Â Regulate, supervise, inspect, and control the
slaughtering of poultry and the manufacture, processing, transportation,
packaging, labeling, and disposal of poultry or poultry products involved in
intrastate commerce; and
(2)Â Adopt, amend, and repeal rules as are necessary
to implement this chapter, subject to chapter 91, on the following matters:
(A)Â The issuance of licenses, including the
class of licenses to be issued;
(B)Â The type of equipment or facilities that
may be used in poultry slaughtering and poultry processing operations;
(C)Â The internal operations of poultry
slaughterhouses and poultry processing establishments;
(D)Â The procedures for ante-mortem and
post-mortem inspections and the reinspection of poultry or poultry products
used in processing, and the disposal of diseased carcasses and parts of
carcasses and poultry or poultry products found unwholesome or otherwise unfit
for human consumption;
(E)Â The hours of slaughtering and processing,
and the conditions under which slaughtering and processing may be conducted at
other than scheduled times;
(F)Â The labeling and packaging of poultry or
poultry products;
(G)Â The storing, handling, and transportation
of poultry or poultry products;
(H)Â The sanitary conditions of all
establishments where poultry is slaughtered or poultry products are processed
or prepared; and
(I)Â Any other matter as may be necessary or
desirable to effectuate the purposes of this chapter. Â Notwithstanding the
foregoing provisions, the board, without regard to the notice and public
hearing requirements of chapter 91, may adopt all federal poultry inspection
regulations, including changes made from time to time by the United States
Secretary of Agriculture, as rules for the efficient administration of this
chapter. Prior to the effective date of any such rules, the department shall
publish in a newspaper of general circulation a notice that includes:
(i)Â Either a statement of the substance of the
proposed rule adoption, amendment, or repeal; or a general description of the
subjects involved and the purposes to be achieved by the proposed rule
adoption, amendment, or repeal; and
(ii)Â A statement that a copy of the proposed
rule to be adopted, the proposed rule amendment, or the rule proposed to be
repealed will be mailed to any interested person who requests a copy, together
with a description of where and how the requests may be made.
The notice shall be mailed to all persons who
have made a timely written request of the department for advance notice of
these rules or of the department's rulemaking proceedings. The department may
require reimbursement for the cost of preparing and mailing the copies. [L
1969, c 212, §5; am L 1995, c 89, §2]