[Federal Register: January 31, 2005 (Volume 70, Number 19)]
[Notices]               
[Page 4812-4813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja05-27]                         

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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. 04-027N]

 
FSIS Policy on Delinquent Payments for Voluntary Reimbursable 
Inspection Services

AGENCY: Food Safety and Inspection Service (FSIS), USDA.

ACTION: Notice.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is providing 
notice that it will not provide reimbursable voluntary inspection, 
certification, and identification services to persons who have 
delinquent accounts. FSIS charges fees for a variety of voluntary 
reimbursable inspection, certification, and identification services 
that it provides to official establishments and plants and non-official 
establishments, e.g., warehouses, importers, and exporters. FSIS is 
required to recover the costs of the voluntary inspection, 
certification, and identification services it provides. FSIS will 
pursue the collection of debts owed to it for such services.

DATES: This notice is effective March 2, 2005.

FOR FURTHER INFORMATION CONTACT: For further information contact Teresa 
Ramsey, Deputy Director, Financial Management Division, Office of 
Management, FSIS, U.S. Department of Agriculture, 5601 Sunnyside 
Avenue, Mail Drop 5262 Beltsville, MD 20705, (301) 504-5885.

SUPPLEMENTARY INFORMATION:

Background

    FSIS is providing notice of the actions it will take in regard to 
its provision of voluntary reimbursable inspection, certification, and 
identification services to persons who are delinquent in paying for 
such services. FSIS is authorized to charge fees for the voluntary 
inspection, certification, and identification services it provides 
pursuant to the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621, et seq.). The regulations that currently authorize the 
charging of these fees are set forth in Title 9 of the Code of Federal 
Regulations in sections 350.7, 351.8, 351.9, 352.5, 354.100 through 
354.110, 355.11, 355.12, 362.5, and part 592.
    FSIS provides monthly bills to recipients of inspection, 
certification,

[[Page 4813]]

and identification services. Those bills indicate when payment is due. 
Payments not received when due are delinquent, thus resulting in the 
recipient of the services having a delinquent account.
    As of the effective date of this notice, if payment for voluntary 
reimbursable inspection, certification, and identification services, 
including payment of interest, penalty, and administrative charges, is 
delinquent, the Agency will take the following actions:
     FSIS will send the recipient of the service a dated 
``dunning notice.''
     FSIS will send a certified letter, along with a second 
dunning notice, to the recipient of the services if the requested 
payment in full is not received within 30 days of the date of the 
initial dunning notice. If payment in full is not received by FSIS 
within 14 days from the date the certified letter and second dunning 
notice are received, no further voluntary inspection, certification, 
and identification services will be provided until payment in full of 
the delinquent debt, including any interest, penalty, and 
administrative charges assessed, is received.
     If a debtor either fails to make payment in full of a 
delinquent debt or does not enter into a written repayment agreement 
with FSIS, the Agency will transfer the delinquent debt to the U.S. 
Department of the Treasury for cross-servicing in accordance with the 
Debt Collection Improvement Act of 1996, as amended. At the discretion 
of the Secretary of the U.S. Department of the Treasury, referral of a 
delinquent non-tax debt may be made to (A) any executive department or 
agency operating a debt collection center for collection action; (B) a 
private collection contractor operating under a contract for servicing 
or collection action; or (C) the U.S. Department of Justice for 
litigation.
    This notice applies to the provision of reimbursable voluntary 
inspection, certification, and identification services provided 
pursuant to the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621, et seq.) and regulations enacted thereunder.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that the 
public and in particular minorities, women, and persons with 
disabilities, are aware of this notice, FSIS will announce it on-line 
through the FSIS Web page located at http://www.fsis.usda.gov.

    FSIS also will make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, recalls, and other types of 
matters that could affect or would be of interest to our constituents 
and stakeholders. The update is communicated via Listserv, a free e-
mail subscription service consisting of industry, trade, and farm 
groups, consumer interest groups, allied health professionals, 
scientific professionals, and other individuals who have requested to 
be included.
    The update also is available on the FSIS Web page. Through Listserv 
and the Web page, FSIS is able to provide information to a much 
broader, more diverse audience.
    In addition, FSIS offers an email subscription service which 
provides an automatic and customized notification when popular pages 
are updated, including Federal Register publications and related 
documents. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/
 and allows FSIS customers to sign up 

for subscription options across eight categories. Options range from 
recalls to export information to regulations, directives and notices. 
Customers can add or delete subscriptions themselves and have the 
option to password protect their account.

    Done at Washington, DC, on: January 25, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-1703 Filed 1-28-05; 8:45 am]