The state of Oregon last summer petitioned FSIS to allow state establishments — located in states operating under a cooperative agreement with FSIS to enforce requirements “at least equal to” federal requirements — to slaughter or process amenable species for subsequent use at federal establishments within the same state.
Specifically, on August 28, 2025, the Oregon Agriculture Department petitioned FSIS to repeal or amend 9 CFR 318.1(h)(2) to allow state establishments—located in states operating under a cooperative agreement with FSIS to enforce requirements “at least equal to” federal requirements—to slaughter or process amenable species for subsequent use at federal establishments within the same state.
FSIS said it was denying the petition for rulemaking and request for a waiver because the requested action would require a statutory amendment. Under 9 CFR 392.7, the Agency typically allows 60 days for public comment from the date a petition is posted online. “However, in this instance, consideration of public comments would not alter FSIS’ determination as the Agency does not have the legal authority to grant your request. Therefore, FSIS has determined that the full comment period is unnecessary and is closing your petition,” the Agency wrote.
FSIS’s letter denying the petition can be found here.
