Rule2025-06793
Removal of Voluntary Ante-Mortem Inspection Regulations for Horses Vacated by Court
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2025
Effective
April 21, 2025
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
FSIS is amending the Federal meat inspection regulations to remove the regulation that established a voluntary fee-for-service program for ante-mortem inspection of horses. The U.S. District Court for the District of Columbia vacated the voluntary fee-for-service program on March 28, 2007. FSIS is removing the regulation to ensure the Agency's regulations accurately reflect current requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 75 (Monday, April 21, 2025)</title>
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[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Rules and Regulations]
[Page 16639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06793]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 90, No. 75 / Monday, April 21, 2025 / Rules
and Regulations
[[Page 16639]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 352
[Docket No. FSIS-2025-0011]
RIN 0583-AE00
Removal of Voluntary Ante-Mortem Inspection Regulations for
Horses Vacated by Court
AGENCY: Food Safety and Inspection Service (FSIS), United States
Department of Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: FSIS is amending the Federal meat inspection regulations to
remove the regulation that established a voluntary fee-for-service
program for ante-mortem inspection of horses. The U.S. District Court
for the District of Columbia vacated the voluntary fee-for-service
program on March 28, 2007. FSIS is removing the regulation to ensure
the Agency's regulations accurately reflect current requirements.
DATES: This rule is effective April 21, 2025.
FOR FURTHER INFORMATION CONTACT: Denise Eblen, Acting Deputy Under
Secretary for the Office of Food Safety, at (202) 205-0495 or
<a href="/cdn-cgi/l/email-protection#dcb8b3bfb7b9a8bfb0b9aeb79ca9afb8bdf2bbb3aa"><span class="__cf_email__" data-cfemail="573338343c3223343b32253c172224333679303821">[email protected]</span></a> with a subject line of ``Docket No. FSIS-2025-
0011.'' Individuals in the United States who are deaf, deafblind, hard
of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. For a summary of the DFR, please see the rule
summary document in docket FSIS-2025-0011 on <a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: On February 8, 2006, FSIS published the
interim final rule ``Ante-Mortem Inspection of Horses'' (71 FR 6337),
which established a voluntary fee-for-service program allowing horse
slaughter establishments to pay FSIS to conduct ante-mortem
inspections. The program was established in response to the FY 2006
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act (Pub. L. 109-97), which prohibited
the use of federal funds for ante-mortem inspections of horses. To
continue operating, U.S. horse slaughter businesses petitioned FSIS to
implement a program under the Agricultural Marketing Act (AMA) (7
U.S.C. 1622 and 1624) that would enable horse slaughter establishments
to directly fund the required inspections.
Shortly after publication of the interim final rule, an animal
protection organization sued the USDA, alleging that FSIS violated the
National Environmental Policy Act (NEPA) (42 U.S.C. 4331, et seq.) by
failing to conduct necessary environmental reviews before implementing
the voluntary fee-for-service inspection program.\1\ The animal
protection organization argued that this omission rendered the program
arbitrary and capricious under the Administrative Procedure Act (APA)
(5 U.S.C. 706(2)).
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\1\ See Humane Society of the United States v. Johanns, 520 F.
Supp. 2d 8 (D.D.C. 2007).
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The U.S. District Court for the District of Columbia agreed with
the animal protection organization, holding that FSIS' actions violated
both NEPA and the APA. Consequently, the court vacated the interim
final rule that established the fee-for-service program and permanently
enjoined FSIS from implementing it. Therefore, FSIS is removing Subpart
B--Horses under 9 CFR part 352 to ensure the Agency's regulations
accurately reflect current requirements.
This rule is not subject to the APA requirement to publish a notice
of proposed rulemaking and provide the public with the opportunity to
comment before issuing a final rule because it falls under the good
cause exception at 5 U.S.C. 553(b)(B). The good cause exception is
satisfied when notice and comment is ``impracticable, unnecessary, or
contrary to the public interest'' Id. This rule simply undertakes the
ministerial task of implementing the court's order vacating the interim
final rule.
List of Subjects in 9 CFR Part 352
Animals, Food labeling, Meat inspection, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, FSIS is amending 9 CFR
part 352 of the Federal meat inspection regulations as follows:
PART 352--EXOTIC ANIMALS; VOLUNTARY INSPECTION
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1. The heading of part 352 is revised to read as set forth above.
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2. The authority citation for part 352 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.
Subpart B--Horses [Removed]
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3. Remove subpart B, consisting of Sec. 352.19.
Done in Washington, DC.
Denise Eblen,
Acting Deputy Under Secretary for the Office of Food Safety.
[FR Doc. 2025-06793 Filed 4-18-25; 8:45 am]
BILLING CODE 3410-DM-P
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