Special Food

SUMMARY: In this document, the Bureau of Prisons is proposing to revise

its regulations on the introduction into institutions of special food

or meals from outside sources. The revised provisions state more

clearly that the Bureau is responsible for procuring and preparing any

food or food ingredients served to the institution's inmate population.

Special food or meals which may be served to specific groups of inmates

rather than to the entire inmate population are identified as

commissary food items, religious diet or ceremonial meals, and medical

diet foods. This amendment is intended to provide for the secure and

orderly operation of the institution.

DATES: Comments due by November 13, 1995.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,

320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General

Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend

its regulations on special foods (28 CFR 547.20). A final rule on this

subject was published in the Federal Register May 1, 1981 (46 FR

24901).

Current provisions in 28 CFR 547.20 specify that, with stated

exceptions, the Bureau requires special food or meals prepared for and/

or served to any group(s) of inmates also to be served to the

institution's entire inmate population. In revising this section, the

Bureau is emphasizing that it is responsible for procuring and

preparing food or food ingredients to be served to the institution's

inmate population. Any special food or meals to be distributed are

therefore to be supplied by the Bureau. Food brought into the

institution under an approved visiting program has consequently been

removed from the list of exceptions, and the remainder of the stated

exceptions have been revised for reasons of organization and clarity.

The Bureau of Prisons has determined that this rule is not a

significant regulatory action for the purpose of E.O. 12866, and

accordingly was not reviewed by the Office of Management and Budget.

After review of the law and regulations, the Director, Bureau of

Prisons has certified that this rule, for the purpose of the Regulatory

Flexibility Act (Pub. L. 96-354), does not have a significant impact on

a substantial number of small entities.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the Bureau of

Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534.

Comments received during the comment period will be considered before

final action is taken. All comments received remain on file for public

inspection at the above address. The proposed rule may be changed in

light of the comments received. No oral hearings are contemplated.

List of Subjects in 28 CFR Part 547

Prisoners.

Kathleen M. Hawk,

Director, Bureau of Prisons.

Accordingly, pursuant to the rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and delegated to the Director,

Bureau of Prisons in 28 CFR 0.96(p), it is proposed to amend part 547

in subchapter C of 28 CFR, chapter V as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 547--FOOD SERVICE

1. The authority citation for 28 CFR part 547 is revised to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,

4081, 4082 (Repealed in part as to offenses committed on or after

November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to

offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28

CFR 0.95-0.99.

2. Section 547.20 is revised to read as follows:

Sec. 547.20 Policy.

The Bureau of Prisons is responsible for procuring and preparing

any food or food ingredients to be served to the institution's inmate

population. Except as allowed for in paragraphs (a) through (c) of this

section, the Bureau requires that special food or meals prepared for

and/or served to any group(s) of inmates also be served to the

institution's entire inmate population. Special food or meals, as

identified in paragraphs (a) through (c) of this section, may be

prepared and/or served to a specific group of inmates rather than to

the entire inmate population of the institution.

(a) Food items sold in the institution's commissary.

(b) Religious diet or ceremonial meals (see 28 CFR 548.13).

(c) Medical diet foods.

[FR Doc. 95-22630 Filed 9-12-95; 8:45 am]

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