[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76890-76891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31625]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2005-0018]
Nutrition Labeling of Single-Ingredient Products and Ground or
Chopped Meat and Poultry Products; Delay of Effective Date and
Correction
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule; delay of effective date and correction.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is delaying the
effective date of the final regulations that require nutrition labeling
of the major cuts of single-ingredient, raw meat and poultry products
and ground or chopped meat and poultry products that were published in
the Federal Register on December 29, 2010. The original effective date
of these regulations was January 1, 2012. FSIS is taking this action in
response to a request from eight trade associations. The trade
associations requested that FSIS exercise enforcement discretion for a
six month period following the January 1, 2012, effective date of the
final rule. However, FSIS has concluded that a two month delay in the
effective date will allow industry sufficient time to comply with the
requirements of the final rule. The new effective date of the final
rule is March 1, 2012.
FSIS is also making a correction to the final rule to clarify an
amendatory instruction.
DATES: The effective date of the rule amending 9 CFR parts 317 and 381
published at 75 FR 82148, December 29, 2010, is delayed until March 1,
2012. The effective date of the correction to the rule published at 75
FR 82148, December 29, 2010, is March 1, 2012.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Division, Office of Policy and Program
Development, Food Safety and Inspection Service, U.S. Department of
Agriculture, (301) 504-0878.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2010, FSIS published the final rule, ``Nutrition
Labeling of Single-Ingredient Products and Ground or Chopped Meat and
Poultry Products'' in the Federal Register (75 FR 82148) that, among
other things, amended the Federal meat and poultry products inspection
regulations to require nutrition labeling of the major cuts of single-
ingredient, raw meat and poultry products identified in Sec. Sec.
317.344 and 381.444 that are not ground or chopped, except for certain
exemptions. For these products, the final rule requires that nutrition
information be provided on the label or at point-of-purchase (POP)
(e.g., by sign or brochure), unless an exemption applies. The final
rule also amended FSIS's regulations to require nutrition labels on all
ground or chopped meat and poultry products, with or without added
seasonings, unless an exemption applies. In addition, the final rule
provided that when a ground or chopped product does not meet the
regulatory criteria to be labeled ``low fat,'' a lean percentage
statement may be included on the label or in labeling as long as a
statement of the fat percentage that meets the specified criteria also
is displayed on the label or in labeling. The required statement of fat
percentage must be contiguous to, in lettering of the same color, size,
and type as, and on the same color background as, the statement of lean
percentage. The final rule also provided several exemptions from the
nutrition labeling requirements.
Outreach: In the preamble to the final rule, FSIS stated that it
would conduct meetings and webinars on the final rule and would provide
additional information and guidance as needed. FSIS also stated its
intention to make nutrition labeling materials that can be used at the
POP of the major cuts and additional examples of acceptable labels for
ground products available on the Agency's Web site six months prior to
the effective date. Since the final rule was published, FSIS has posted
on its Web site the final POP materials and examples of nutrition facts
panels for ground or chopped products and has conducted webinars on the
final rule. In addition, the Agency has conducted many other education
and outreach activities to assist retailers and Federal establishments
in complying with the requirements of the final rule, such as posting a
PowerPoint presentation on its Web site that gives an overview of the
requirements of the final rule, presenting information and answering
[[Page 76891]]
questions on the requirements of the final rule at numerous meetings,
posting questions and answers on its Web site, and responding to
numerous questions from stakeholders about the regulations through
askFSIS at http://askfsis.custhelp.com/.
Request for Enforcement Discretion
FSIS received a letter dated August 12, 2011 from eight trade
associations (the American Lamb Board, the American Meat Institute, the
Food Marketing Institute, the National Cattlemen's Beef Association,
the National Chicken Council, the National Grocer's Association, the
National Pork Board, and the National Turkey Federation), which
requested that FSIS exercise enforcement discretion for a six month
period following the January 1, 2012, effective date of the final rule.
The letter cited the Agency's 1-2 month delay in making POP and
nutrition facts panel materials available on FSIS's Web site and in
conducting the FSIS webinars as the basis for the enforcement
discretion. As a result of FSIS's delay in providing this information
to retailers, the trade associations stated that it would be difficult
for retailers to have systems in place (e.g., tens of thousands of
scales across the industry will have to be replaced or updated with new
software) and training of tens of thousands of employees completed by
the January 1, 2012, effective date. The trade associations also stated
that it would be difficult for Federal establishments to redesign
thousands of labels and have them approved by FSIS by the January 1,
2012, effective date.
Because of the 1-2 month delay in making the FSIS POP materials and
nutrition facts panel examples available on FSIS's Web site and in
beginning the FSIS webinars, FSIS has decided to delay the effective
date of the final rule until March 1, 2012. The 2 month delay will
ensure that industry has sufficient time to comply with the final rule
and be in full compliance with the final rule on March 1, 2012.
FSIS determined that a 6 month delay in the effective date is not
warranted. The request did not provide any support to justify a 6 month
delay in the effective date. Even if, as the letter stated, a delay in
FSIS label approval exists, a 2 month delay in the effective date would
allow the Agency enough time to approve the new or redesigned nutrition
labels submitted by official establishments by March 1, 2012, provided
the labels are submitted by January 1, 2012. As described above under
``Outreach,'' since the final rule was published, FSIS has conducted
many education and outreach activities to assist retailers and Federal
establishments in complying with the requirements of the final rule.
FSIS will continue to conduct these education and outreach activities
to assist compliance by March 1, 2012.
Need for Correction
FSIS is making a correction to amendment 17f on page 82167 of the
final regulations published on Wednesday, December 29, 2010, to clarify
that language is being added to the end of the first sentence in Sec.
381.500(d)(1), not at the end of the second sentence.
Additional Public Notification
FSIS will announce this notice online through the FSIS Web page
located at http://www.fsis.usda.gov/regulations_&_policies/Federal_Register_Notices/index.asp.
FSIS will also 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, and other types of information
that could affect or would be of interest to constituents and
stakeholders. The Update is communicated via Listserv, a free
electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is also available on the FSIS
Web page. Through the Listserv and Web page, FSIS is able to provide
information to a much broader and more diverse audience. In addition,
FSIS offers an electronic mail subscription service which provides
automatic and customized access to selected food safety news and
information. This service is available at http://www.fsis.usda.gov/News_&_Events/Email_Subscription/. 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 accounts.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.)
Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape,
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and
TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue
SW., Washington, DC 20250-9410 or call (202) 720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
Correction
In FR Doc. 2010-32485 appearing on page 82148 in the Federal
Register of Wednesday, December 29, 2010, the following corrections are
made:
Sec. 381.500 [Corrected]
0
1. On page 82167, in the third column, in Part 381 Poultry Products
Inspection Regulations, in amendment 17f, the instruction ``Amending
paragraph (d)(1) by removing the period at the end of the sentence, and
by adding the following to the end of the sentence: `except that this
exemption does not apply to the major cuts of single-ingredient, raw
poultry products identified in Sec. 381.444.' '' is corrected to read
``Amending paragraph (d)(1) by removing the period at the end of the
first sentence, and by adding the following to the end of the first
sentence: `, except that this exemption does not apply to the major
cuts of single-ingredient, raw poultry products identified in Sec.
381.444.' ''
Done in Washington, DC, on December 5, 2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011-31625 Filed 12-8-11; 8:45 am]
BILLING CODE 3410-DM-P