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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5671 March 19, 1980 DEPARTMENT OF AGRICULTURE: Inspection of custom slaughterhouses MEAT: Inspection of custom slaughterhouses UNITED STATES DEPARTMENT OF AGRICULTURE: Federal Meat Inspection Act If the United States Department of Agriculture assumes control over the inspection of all meat in Michigan destined for both interstate and intrastate use, the Michigan Department of Agriculture would nevertheless be required to conduct ante mortem and post mortem inspections at custom slaughterhouses located in Michigan. Director Dean Pridgeon Department of Agriculture Lewis Cass Building Lansing, Michigan 48901 You have requested my opinion as to whether the Michigan Department of Agriculture is authorized to conduct ante mortem and post mortem inspections of animals at custom slaughterhouses should the United States Department of Agriculture assume jurisdiction and control over interstate and intrastate meat inspections in this State except custom slaughterhouses. (1) Under a cooperative meat inspection program with the Federal government which has existed since 1968, the Michigan Department of Agriculture conducts ante mortem and post mortem inspections of slaughterhouses whose products are intended for distribution solely within Michigan and the United States Department of Agriculture, hereinafter USDA, conducts ante mortem and post mortem inspections of slaughterhouses whose products are intended for distribution in interstate and foreign commerce. There activities of the Michigan department and the USDA are carried out pursuant to subchapter III of the Federal Meat Inspection Act (FMIA), as amended by the Wholesome Meat Act, 81 Stat 584, 21 USC 601 et seq. The authority of the Federal government to conduct ante mortem and post mortem inspections of slaughterhouses is specified in 21 USC 602, which, in part, states: '. . . It is hereby found that all articles and animals which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary and cooperation by the States and other jurisdictions as contemplated by this chapter are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.' Despite this broad language, Congress has placed limitations on the scope of Federal inspection and section 23 of sub-chapter I of the FMIA, 21 USC 623, prohibiting ante mortem and post mortem Federal inspection of slaughterhouses which prepare meat products for the owner's exclusive use. The section 23 prohibition of the FMIA, supra, with respect to inspection of custom slaughterhouses, is qualified by subchapter III of the Act, Sec. 301(c)(1); 21 USC 661(c)(1) which provides, in part, as follows: '. . . if the Secretary determines that any establishment within a State is producing adulterated meat or meat food products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate Advisory Committee provided by section 661 of this title of such fact for effective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, ad determined by the Secretary, in light of the risk to public health, the Secretary may forthwith designate any such establishment as subject to the provisions of subschapter I and subchapter IV of this chapter, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under subchapter I and subchapter IV of this chapter.' Thus, the USDA has authority to conduct ante mortem and post mortem inspections in custom slaughterhouses only where the meat products are being prepared in a manner 'which would clearly endanger the public health', and after the state has been notified of the situation and has refused or failed to institute inspection procedures to prevent such endangering of the public health within a reasonable time. See 1967 U.S. Code Congressional and Administrative News, p 2206. In contrast to the Congressional limitations upon the authority of the USDA to conduct ante mortem and post mortem inspections of custom slaughterhouses, the Michigan law pertaining to inspections of slaughterhouses, edible rendering plants and wholesale fabricating, processing or storage establishments is 1965 PA 280, Secs. 5, and 6; MCLA 287.575 and 287.576; MSA 12.844(5) and 12.844(6) which provide, in part: 'Sec. 5. The director shall provide for the ante mortem inspection of all meat animals slaughtered in any slaughterhouse or edible rendering establishment, excepting those meat animals slaughtered under the direct supervision of the United States department of agriculture before they are slaughtered. . . .' 'Sec. 6. (1) The director shall provide post mortem inspection of all meat animals slaughtered in any slaughterhouse or edible rendering establishment and reinspection of all meat animals, meat or meat products prepared in any slaughterhouse, edible rendering establishment, or wholesale fabricating, processing and storage establishment excepting those meat animals slaughtered under the direct supervision of the United States departments of agriculture or large wild game animals inspected at the time of processing at any official establishment. . . .' Thus, the Legislature has mandated the Michigan Department of Agriculture to conduct ante mortem and post mortem inspections of slaughterhouses within this state unless such slaughterhouses are under the direct supervision of the USDA. It is my opinion, therefore, that the USDA is not authorized to conduct ante mortem and post mortem inspections over custom slaughterhouses unless the meat products being prepared by them are prepared in a manner 'which would clearly endanger the public health' and after the state has been notified of the situation and has refused or failed to institute inspection procedures to prevent such endangering of the public health within a reasonable time. You have indicated that for budgetary reasons, the Michigan Department of Agriculture's ante mortem and post mortem inspections over commercial slaughterhouses whose products are used solely within the state may be discontinued. If this should occur, the USDA, under the provision of section 2 of the FMIA, supra, has the authority to impose, immediately, its own ante mortem and post mortem inspection program on such commercial establishments. With respect to custom slaughterhouses, however, the USDA is without authority to conduct ante mortem and post mortem inspections unless the Secretary of Agriculture finds that their operation clearly endangers the public health. Without such a finding, the authority to conduct such inspections resides solely with the Michigan Department of Agriculture. In summary, it is my opinion that, if the USDA assumes control over the inspection of all meat in Michigan destined for both interstate and intrastate use, the Michigan Department of Agriculture would nevertheless be required to conduct ante mortem and post mortem inspections at custom slaughterhouses located in Michigan. Frank J. Kelley Attorney General (1)
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