supporting statement state meat and poultry inspection programs 052020

SUPPORTING STATEMENT JUSTIFICATION FOR

STATE MEAT AND POULTRY INSPECTION PROGRAMS

1. Circumstances Making Collection of Information Necessary:

This is a request to renew the information collection related to the State Meat and Poultry Inspection Programs.

The Food Safety and Inspection Service (FSIS) has been delegated the authority to exercise the functions of the Secretary as provided in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.). These statutes mandate that FSIS protect the public by ensuring that meat and poultry products are safe, wholesome, unadulterated, and properly labeled and packaged.

FSIS collects information from federally-assisted State Meat and Poultry Inspection programs to ensure that their programs operate in a manner that is at least equal to FSIS’s Federal inspection program in the protection of public interest; comply with requirements of Federal Civil Rights laws and regulations; meet necessary laboratory quality assurance standards and testing frequencies; and have the capability to perform microbiology and food chemistry methods that are “at least equal to” methods performed in FSIS laboratories.

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2. How, By Whom and Purpose For Which Information is to be Used:

The following is a discussion of the required information collection and recordkeeping activities.

Under a cooperative agreement with FSIS, states may operate their own MPI programs provided they meet and enforce requirements “at least equal to” those imposed under the FMIA and PPIA. Twenty-seven (27) states have MPI programs that operate under a cooperative agreement with FSIS and are subject to the comprehensive state review process. There are nine review components that make up the comprehensive state review process.

For each of the first six (1-6) components, State MPI programs submit annual self-assessment documentation to FSIS to demonstrate that the State MPI program is meeting the “at least equal to” Federal inspection requirements. Each component of the annual self-assessment includes a written narrative statement and documentation demonstrating that the program continuously meets the criteria to be “at least equal to” the Federal inspection program. State MPI programs also submit sufficient documentation to demonstrate that the program either follows current FSIS statutes, regulations, applicable FSIS Directives and Notices, and has implemented any changes necessary to maintain the “at least equal to” status or the State MPI program has an effective, analogous program that would also be “at least equal to.”

The annual self-assessment submission also includes one or more narratives describing the internal controls used by the State MPI program that: (1) provide assurances and can measure the effectiveness of the program under the “at least equal to” criteria; (2) demonstrate how non-conformances will be addressed by corrective actions; and (3) demonstrate how the State MPI program will be maintained throughout the next 12 months.

For Component 7 of the comprehensive State review process, States submit documentation of their laboratory quality assurance programs and methods. States document their laboratory quality assurance program activities on the FSIS Form 5720-14, State Meat and Poultry Inspection Program Laboratory Quality Management System Checklist. States submit copies of new or revised laboratory analytical methods accompanied by a FSIS Form 5720-15, Laboratory Method Notification Form.

For Component 8 of the comprehensive State review process, States submit documentation of their Civil Rights compliance. In order to assess the 27 states’ compliance with these provisions, FSIS annually requests information on the States’ Civil Rights programs and controls in FSIS Form 1520.1 – Civil Rights Compliance of State Inspection Programs.

 

3. Use of Improved Information Technology:

Under the E-Gov Act, individuals may submit the forms electronically. FSIS makes available electronic versions (PDF fillable) of the FSIS Forms 5720-14, 5720-15 and the 1520.1. The forms can be filled out on the computer and then either emailed or printed off and submitted to the appropriate office.

4. Efforts to Identify Duplication:

FSIS has determined that this information collection will not duplicate any other information collections. The required records are not available from other sources, either within government or from non-government sources. There is no similar information that can be used or modified.

5. Methods to Minimize Burden on Small Business Entities:

There are no small businesses affected by this information collection. None of the respondents are small businesses.

6. Consequences If Information Were Collected Less Frequently:

To conduct the information collections less frequently will reduce the effectiveness of the meat and poultry products inspection program.

7. Circumstances that Would Cause the Information Collection to be Conducted in a Manner:

• requiring respondents to report informa­tion to the agency more often than quarterly;

• requiring respondents to prepare a writ­ten response to a collection of infor­ma­tion in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any docu­ment;

• requiring respondents to retain re­cords, other than health, medical, governm­ent contract, grant-in-aid, or tax records for more than three years;

• in connection with a statisti­cal sur­vey, that is not de­signed to produce valid and reli­able results that can be general­ized to the uni­verse of study;

• requiring the use of a statis­tical data classi­fication that has not been re­vie­wed and approved by OMB;

• that includes a pledge of confiden­tiali­ty that is not supported by au­thority estab­lished in statute or regu­la­tion, that is not sup­ported by dis­closure and data security policies that are consistent with the pledge, or which unneces­sarily impedes shar­ing of data with other agencies for com­patible confiden­tial use; or

• requiring respondents to submit propri­etary trade secret, or other confidential information unless the agency can demon­strate that it has instituted procedures to protect the information's confidentiality to the extent permit­ted by law.

There are no circumstances that would cause the guidelines above not to be met by this information collection.

8. Consultation with Persons Outside the Agency:

In accordance with the Paperwork Reduction Act, FSIS published a 60-day notice in the Federal Register on March 20, 2020 (85 FR 16048) requesting comments regarding this information collection request. In response to the Federal Register notice, the Agency received one public comment that was not relevant to the information collection. FSIS also consulted with three State Meat and Poultry Inspection Program Directors regarding the burden estimates for the collection: Marin DeBauch (573-522-1242); Jennifer Eberly (207-287-3841); and Kathryn Polking (515-281-5597). The three individuals agreed that the FSIS burden estimate for the information collection requirements related to State Meat and Poultry Inspection Programs­­ remains accurate.

9. Payment or Gifts to Respondents:

Respondents will not receive any gifts or payments.

10. Confidentiality Provided to Respondents:

No additional assurance of confidentiality is provided with this information collection. Any and all information obtained in this collection shall not be disclosed except in accordance with 5 U.S.C.552a.

11. Questions of a Sensitive Nature:

The respondents are not asked to furnish any information of a sensitive nature.

12. Estimate of Burden

The total burden estimate for the information collection requirements associated with this information collection is 6,887 hours.

Components 1-6 5,400 hours

Component 7 83 hours

Component 8 270 hours

On-site submissions 1,134 hours

Components 1-6:

The Agency estimates that 27 State Program Directors will once a year spend 187 hours to complete the Comprehensive Self-Assessment submission for a total of 27 responses and 5,049 hours.

Annual Comprehensive Self-Assessment

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	11,220	5,049

The Agency estimates that 27 State Program Directors will once a year spend 8 hours to complete the Comparison Table for FSIS statutes to State statues for a total of 27 responses and 216 hours.

Comparison Table

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	480	216

The Agency estimates that 27 State Program Directors will once a year spend 1 hour to complete the Laboratory Activity Table submission for a total of 27 responses and 27 hours.

Laboratory Activity Table

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	60	27

The Agency estimates that 27 State Program Directors will once a year spend 1 hour to complete the State MPI Establishment Count submission for a total of 27 responses and 27 hours.

State MPI Program Establishment Count

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	60	27

The Agency estimates that 27 State Program Directors will once a year spend 1 hour to complete the State MPI Employee Primary Roles submission for a total of 27 responses and 27 hours.

State MPI Employee Primary Roles

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	60	27

The Agency estimates that 27 State Program Directors will once a year spend 1 hour to complete the Compliance Activity Report submission for a total of 27 responses and 27 hours.

Compliance Activity Report

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	60	27

The Agency estimates that 27 State Program Directors will once a year spend 1 hour to complete the Summary of Statutory Authority per Business Type submission for a total of 27 responses and 27 hours.

Summary of Statutory Authority per Business Type

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	60	27

Component 7

The Agency estimates that 27 State Program Directors will once a year spend 113 mins to complete FSIS Form 5720-14 for a total of 27 responses and 51 hours.

Laboratory Quality Assurance (FSIS Form 5720-14)

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	113	51

The Agency estimates that 27 State Program Directors will once a year spend 25 mins to complete FSIS Form 5720-15 for a total of 27 responses and 11 hours.

Laboratory Quality Assurance (FSIS Form 5720-15)

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	27	1	27	25	11

The Agency estimates that 8 State Program Directors will once a year spend 113 mins to complete and submit an additional FSIS Form 5720-15 for a total of 11 responses and 21 hours.

Laboratory Quality Assurance (FSIS Form 5720-15)

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	11	1	11	113	21

Component 8:

The Agency estimates that 27 State Program Directors will once a year spend 60 mins to complete FSIS Form 1520.1 for a total of 27 responses and 270 hours.

CIVIL RIGHTS (FSIS Form 1520.1)

Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973

Age Discrimination Act of 1975

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State Directors & Human Resource Officials	27	1	27	60	270

On-site submissions:

The Agency estimates that 9 State Program Directors will once a year spend 126 hours to complete FSIS Form 5720-15 for a total of 9 responses and 1,134 hours.

ON-SITE SUBMISSIONS

(21 U.S.C. 661(c)(4) and 454(c)(4))

Type of Respondent	No. of Respon-dents	No. of Responses per Respondent	Total Annual Responses	Time for Response in Mins.	Total Annual Time in Hours
State MPI Directors	9	1	9	7,560	1,134

The cost to the respondents is estimated at $672,171 annually. The Agency estimates that it will cost respondents $97.60 an hour, including fringe benefits, in fulfilling these information collection requirements. Respondents will spend an annual total of 6,887 hours and $672,171. The hourly rate for the respondents was attained from the Department of Labor Bureau of Labor and Statistics wage data, May, 2019.

13. Capital and Start-up Cost and Subsequent Maintenance

There are no capital and start-up costs and subsequent maintenance burdens.

14. Annual Cost to Federal Government:

The cost to the Federal Government for these information collection requirements is $1,965,537 annually. The costs arise primarily from the time spent by FSIS reviewing the annual submissions and conducting the comprehensive State reviews. The Agency estimates a cost of $63, including fringe benefits, per hour.

15. Reasons for Changes in Burden:

There is no change in the burden estimate for this collection. Annually, there are 27 respondents, 225 responses, and 6,887 hours.

16. Tabulation, Analyses and Publication Plans:

There are no plans to publish the data for statistical use.

17. OMB Approval Number Display:

FSIS will display the OMB approval number on any instructions it publishes relating to recordkeeping activities. The OMB approval number will appear on required FSIS forms. FSIS requests that it not be required to put the expiration date of the information collection of the forms. Being required to put the expiration date on the forms would place a burden of the Agency because 1) it would require FSIS to print new forms with the expiration date on them and would render the forms unusable in three years; 2) at the end of the approval period FSIS could not print up new forms until OMB gave a new expiration date causing unnecessary delay; and, 3) there is often a time lapse of several months between the date when the expiration expires and the time when OMB will finally give (usually) a three year approval to the extension or revision causing an almost impossible situation of attempting to having forms with the correct expiration date on them.

18. Exceptions to the Certification:

There are no exceptions to the certification. This information collection accords with the certification in item 19 of the OMB 83-I.

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