[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Rules and Regulations]
[Page 9651-9652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 9651]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2006-0045]
RIN 0583-AD05
Uniform Compliance Date for Food Labeling Regulations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing
January 1, 2010, as the uniform compliance date for new food labeling
regulations that are issued between January 1, 2007, and December 31,
2008. FSIS periodically announces uniform compliance dates for new meat
and poultry food labeling requirements to minimize the economic impact
of label changes. On December 14, 2004, FSIS issued a final rule
announcing that it will adopt uniform compliance dates and established
January 1, 2008, as the uniform compliance date for food labeling
regulations that issued between January 1, 2005, and December 31, 2006.
DATES: Effective Date: This rule is effective March 5, 2007. Submit
comments by April 4, 2007.
ADDRESSES: FSIS invites interested persons to submit comments on this
final rule. Comments may be submitted by any of the following methods:
Federal eRulemaking Portal: This Web site provides the
ability to type short comments directly into the comment field on this
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,
select ``Food Safety and Inspection Service'' from the Agency drop-down
menu, then click on ``Submit.'' In the Docket ID column, select the
FDMS Docket Number FSIS-2006-0045 to submit or view public comments and
to view supporting and related materials available electronically.
Mail, including floppy disks or CD-ROM's, and hand- or
courier-delivered items: Send to FSIS Docket Room, Docket Clerk, U.S.
Department of Agriculture (USDA), FSIS, 300 12th Street, SW., Room 102,
Cotton Annex Building, Washington, DC 20250.
Electronic mail: fsis.regulationscomments@fsis.usda.gov.
All submissions received must include the Agency name and docket
number FSIS-2006-0045.
All comments submitted in response to this final rule, as well as
research and background information used by FSIS in developing this
document, will be posted to the regulations.gov Web site. The
background information and comments will be available for public
inspection in the FSIS Docket Room at the address listed above between
8:30 a.m. and 4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director,
Labeling and Consumer Protection Staff, Office of Policy, Program, and
Employee Development, FSIS, USDA, Washington, DC 20250-3700, Telephone
(202) 205-0279, Fax (202) 205-3625.
SUPPLEMENTARY INFORMATION:
Background
FSIS periodically issues regulations that require changes in the
labeling of meat and poultry food products. Many meat and poultry
establishments also produce non-meat and non-poultry food products
subject to the jurisdiction of the Food and Drug Administration (FDA).
FDA also periodically issues regulations that require changes in the
labeling of such food products.
FSIS established the approach, starting in December 2004 (69 FR
74405), that it will set uniform compliance dates in two year
increments and periodically issue final rules announcing those dates.
This approach is similar to that employed by FDA. Two year increments
enhance the industry's ability to make orderly adjustments to new
labeling requirements without unduly exposing consumers to outdated
labels. With this approach to effecting compliance, the meat and
poultry products industry is able to plan for the use of label
inventories and to develop new labeling materials that meet the
requirements of all labeling regulations made within the two year
period, thereby minimizing the economic impact of labeling changes. By
establishing a uniform compliance date that is the same as FDA's, FSIS
is providing meat and poultry product manufacturers with a greater
ability to adjust production plans to new labeling requirements across
all of their product lines.
Establishing this policy also serves consumers' interests, because
the cost of multiple short-term label revisions that would otherwise
occur would likely be passed on to consumers in the form of higher
prices.
It will remain FSIS' policy to encourage industry to comply with
new labeling regulations as quickly as feasible. Thus, when industry
members voluntarily change their labels, they should consider
incorporating any new requirements that have been published as final
regulations up to that time.
The new uniform compliance date will apply only to final FSIS
regulations that require changes in the labeling of meat and poultry
products and that are published after January 1, 2007, and before
December 31, 2008. In each of these regulations, FSIS will specifically
identify January 1, 2010, as the compliance date. All meat and poultry
food products that are subject to labeling regulations promulgated
between January 1, 2007, and December 31, 2008, will be required to
comply with these regulations when introduced into commerce on or after
January 1, 2010. If any food labeling regulation involves special
circumstances that justify a compliance date other than January 1,
2010, the Agency will determine for that regulation an appropriate
compliance date, which will be specified when the final regulation is
published.
In rulemaking that began with the publication of a proposed rule on
May 4, 2004, FSIS provided notice and solicited comments on the concept
of establishing uniform compliance dates for labeling requirements (69
FR 24539). FSIS received only four comments, all fully supportive of
the policy to set uniform compliance dates. Therefore, FSIS finds that
further rulemaking for the establishment of uniform compliance dates
for labeling requirements is unnecessary. However,
[[Page 9652]]
FSIS is providing an opportunity for comment on whether the uniform
compliance date established in this final rule should be modified or
revoked.
Executive Order 12866: Benefit-Cost Analysis
FSIS has examined the impacts of the final rule under Executive
Order 12866. Executive Order 12866 directs agencies to assess all costs
and benefits of available regulatory alternatives and, when regulation
is necessary, to select regulatory approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity).
This action has been determined to be not significant and, therefore,
has not been reviewed by the Office of Management and Budget.
Establishing a uniform compliance date for all future Federal food
product labeling regulations affecting the meat and poultry industry
that are issued by FSIS over a two year period will eliminate
potentially burdensome requirements otherwise faced by the industry.
The regulation also greatly limits the possibility of potentially
conflicting compliance dates for labeling requirements developed for
meat and poultry products and labeling requirements developed for non-
meat and non-poultry products. It thus provides for an orderly industry
adjustment to any new labeling requirements. Labeling changes in
response to Federal regulations will likely be less frequent, and
establishments will be able to plan for full utilization of their
labeling stocks.
Need for the Rule
Establishing uniform compliance dates for food labeling regulations
issued within specified time periods minimizes the economic impact of
label changes for industry and may indirectly benefit consumers if cost
savings are passed on in the form of lower prices.
Regulatory Flexibility Analysis
This rule does not have a significant economic impact on a
substantial number of small entities. Consequently, an initial
regulatory flexibility analysis is not required (5 U.S.C. 601-612). The
uniform compliance date does not impose any burden on small entities.
The Agency will conduct regulatory flexibility analyses of future
labeling regulations if such analyses are required.
Paperwork Requirements
There are no paperwork or recordkeeping requirements associated
with this policy under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520).
Expected Environmental Effects
The establishment of a uniform compliance date for food labeling
regulations is an activity that will not have a significant individual
or cumulative effect on the human environment. Therefore, this action
is appropriately subject to the categorical exclusion from the
preparation of an environmental assessment or environmental impact
statement provided under 7 CFR 1b.4(6) of the U.S. Department of
Agriculture regulations.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that
minorities, women, and persons with disabilities are aware of this
rule, FSIS will announce it on-line through the FSIS Web page located
at http://www.fsis.usda.gov/regulations_&_policies/2007_Interim_&_Final_Rules_Index/index.asp
.
The Regulations.gov Web site is the central online rulemaking
portal of the United States government. It is being offered as a public
service to increase participation in the Federal government's
regulatory activities. FSIS participates in Regulations.gov and will
accept comments on documents published on the site. The site allows
visitors to search by keyword or Department or Agency for rulemakings
that allow for public comment. Each entry provides a quick link to a
comment form so that visitors can type in their comments and submit
them to FSIS. The Web site is located at http://www.regulations.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, public meetings, recalls, and other types of
information 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 e-mail subscription service that
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: February 27, 2007.
David P. Goldman,
Acting Administrator.
[FR Doc. E7-3725 Filed 3-2-07; 8:45 am]
BILLING CODE 3410-DM-P