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• Publication Date: 07/20/1992
• Publication Type: Notice
• Fed Register #: 57:32030
• Standard Number: 1953.2
• Title: Approval of California State standard; Hand fed food patty machines

Abstract:

This notice approves the California standard for Hand Fed Food Patty Machines, submitted for approval on May 10, 1991. This is an independent State standard for which there is no Federal equivalent. Where a State standard adopted pursuant to an OSHA- approved State plan differs significantly from a comparable Federal Standard or is a State- initiated standard, the OSH Act of 1970(29 U.S.C. 667)(the Act) requires that the State standard must be "at least as effective" in providing safe and healthful employment and places of employment. If the standard is applicable to a product distributed or used in interstate commerce, it must be required by compelling local conditions and not pose any undue burden on interstate commerce. On April 20, 1992, OSHA published a Federal Register notice (57 FR 14435) requesting public comment on both the "at least as effective" criterion as well as the product clause test of section 18(c)(2) of the Act. This notice invited interested persons to submit by May 20, 1992, written comments and views regarding the California standard and whether it should be approved by the Acting Assistant Secretary. Having reviewed the State submission and having received no objections to the approval of the standard, OSHA therefore approves the California standard for hand fed food patty machines.This decision is effective July 20, 1992. A copy of this standard may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, USDOL, 71 Stevenson Street, San Francisco, Calif. 94105; Calif. Dept. of Industrial Relations, Cal/OSHA, 455 Golden Gate Ave., 4th Floor, San Francisco, Calif. 94102; Office of the Director, Federal-State Operations, OSHA/USDOL, room N-3700, 200 Constitution Avenue, NW., Washington, DC 20210.


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