[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60228-60230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc08-32]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 60228]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2008-0026]
Product Labeling: Use of the Animal Raising Claims in the
Labeling of Meat and Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of public meeting; request for comments.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is issuing this
notice to initiate a public process to review its policies regarding
the approval of animal raising claims in the labeling of meat and
poultry products. FSIS evaluates animal raising claims by considering
information on animal production practices submitted by companies as
part of their label approval requests. The Agency approves these claims
if the animal production information submitted with the label
application supports the claims being made and the claim is truthful
and not misleading.
The Agency's recent experience with labeling claims related to the
raising of poultry have led FSIS to initiate a review of its evaluation
and approval process for labels of meat and poultry products that
contain animal raising claims. The Agency is publishing this notice to
solicit public input and to announce that FSIS and the Agricultural
Marketing Service will jointly hold a public meeting to discuss these
issues.
DATES: The public meeting will be held on October 14, 2008. Comments on
this notice and the issues discussed at the public meeting must be
received by November 14, 2008.
ADDRESSES: The public meeting will be held from 8:30 a.m. to 12:30 p.m.
at the L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC
20024, (202) 484-1000.
FSIS will finalize an agenda on or before the meeting date and will
post it on the FSIS Internet Web page http://www.fsis.usda.gov/News_&_Events/
Meetings_&_Events/.
The official transcript of the meeting will be available for
viewing by the public in the FSIS docket room and on the FSIS Web site
http://www.fsis.usda.gov/News_&_Events/Meetings_&_Events/ when it becomes available.
FSIS invites interested persons to submit comments on this notice.
Comments may be submitted by one of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions at that site for submitting comments.
Mail, including floppy disks or CD-ROMs, and hand- or courier-
delivered items: Send to Docket Clerk, U.S. Department of Agriculture,
Food Safety and Inspection Service, FSIS Docket Room, 1400 Independence
Avenue, SW., Room 2534, Washington, DC 20250.
All submissions received must include the Agency name and docket
number FSIS-2008-0026. Documents referred to in this notice, and all
comments submitted in response to this notice, 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, except Federal
holidays. Comments also will be posted on the Agency's Web site at
http://www.fsis.usda.gov/regulations_&_policies/2008_Notices_Index/
index.asp.
Individuals who do not wish FSIS to post their personal contact
information--mailing address, e-mail address, telephone number--on the
Internet may leave this information off of their comments.
FOR FURTHER INFORMATION CONTACT: For technical information: Charles
Gioglio, Director, Labeling and Program Delivery Division, Office of
Policy and Program Development, USDA, FSIS, 1400 Independence Avenue,
SW., Washington, DC 20250, (202) 205-3625, e-mail:
Charles.Gioglio@fsis.usda.gov.
Pre-registration for this meeting is recommended. To pre-register,
please contact Sheila Johnson by telephone at (202) 690-6498 or by e-
mail at Sheila.Johnson@fsis.usda.gov. Persons requiring a sign language
interpreter or special accommodations should contact Sheila Johnson as
soon as possible.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA that is
responsible for ensuring that the nation's commercial supply of meat,
poultry, and egg products is safe, wholesome, and accurately labeled
and packaged. FSIS develops and implements regulations and policies to
ensure that meat, poultry, and egg product labeling is truthful and not
misleading. Under the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601, 607) and the Poultry Products Inspection Act (PPIA) (21 U.S.C.
451, 457), the labels of meat and poultry products must be approved by
the Secretary of Agriculture, who has delegated this authority to FSIS,
before these products can enter commerce.
Section 203(c) of the Agricultural Marketing Act (AMA) of 1946, as
amended (7 U.S.C. 1622), directs and authorizes the Secretary of
Agriculture ``to develop and improve standards of quality, condition,
quantity, grade, and packaging, and recommend and demonstrate such
standards in order to encourage uniformity and consistency in
commercial practices.'' The Agricultural Marketing Service (AMS) has
played a lead role in achieving the objectives of the AMA in part
through the development of voluntary standards for agricultural
products.
As part of its prior approval process for label claims, FSIS has
been asked to evaluate and approve label claims that highlight certain
aspects of the way animals used as the source for meat and poultry
products are raised. Examples of animal raising claims that the Agency
has approved include ``raised without antibiotics,'' ``not fed animal
by-products,'' ``free range,'' ``vegetarian fed diet,'' and ``raised
without added hormones.'' FSIS typically evaluates such claims by
reviewing testimonials, affidavits, animal production protocols, and
other relevant documentation provided by animal producers.
When FSIS evaluates a meat or poultry product label that includes
an animal raising claim, it reviews the animal production protocol
submitted in support of the label claim to ensure that it describes
practices that are accurately reflected in the claim being made.
Supporting documentation may
[[Page 60229]]
be submitted directly by the establishment seeking approval of the
label or by producers, growers, or others on the establishment's
behalf. If a company submits information that demonstrates that an
animal production claim is truthful and not misleading, FSIS allows
products derived from animals raised according to the protocol to bear
the raising claim on their labels.
In addition to producer testimonials and affidavits, establishments
or animal producers may also submit certifications from a certifying
organization or entity to support animal raising claims. FSIS accepts
these certifications if the Agency has evaluated the certifying
entity's animal raising standards and determined that they are truthful
and not misleading and accurately reflect the claim being made. FSIS
also allows the label of a meat or poultry product to bear a certified
claim if the claim clearly identifies the certifying entity, e.g.,
``certified free range by * * * (name of certifying entity),'' and the
Agency determines, based on its review of the entity's standards, that
the standards truthfully define the claim. FSIS makes this
determination in consultation with AMS and other agencies with relevant
expertise.
Issues Associated With Animal Raising Claims
It has become clear, however, that the use of animal raising claims
in the labeling of meat and poultry products presents issues that can
be difficult for FSIS to address through its pre-market label approval
process.
As discussed above, FSIS assesses animal raising claims by
evaluating supporting documentation that companies submit as part of
their label approval requests. However, because FSIS does not regulate
food animal production, the Agency may not always have all the relevant
information necessary to the proper evaluation of the animal raising
practices described in a producer's animal production protocol.
In addition, while FSIS' approval of an animal raising claim
depends on submissions that describe how the source animals were
raised, animal producers and certifying entities may have different
views on the specific animal production practices that qualify a
product to bare a given animal raising claim on its label. Thus, the
same animal raising claim may reflect different animal raising
practices, depending on how an animal producer or certifying entity
defines the basis for the claim.
For example, FSIS approves ``free range'' raising claims on the
labels of poultry products if the producer demonstrates that the birds
were allowed continuous, free access to the outside for over 51% of
their lives through a normal growing cycle. Under this standard, some
producers or certifying organizations may support a ``free range''
labeling claim if the source birds for the poultry products were
allowed access to a yard outside, regardless of whether the birds
actually use the yard. On the other hand, other producers or certifying
entities may establish stricter standards for themselves and request
that FSIS approve a ``free range'' claim only if the source birds
actually use the yard.
As with animal producers and certifying entities, consumers often
have a wide variety of views regarding the meaning of specific animal
raising claims.
Policy Review and Public Meeting
FSIS has decided to initiate a review of its policies for
evaluating and approving animal raising claims on labels. FSIS will
carry out this policy review in cooperation with AMS.
To facilitate this review, FSIS is publishing this Federal Register
notice to solicit public input on ways to improve the Agency's label
approval policies and practices with respect to raising claims and to
continue to ensure that approved labels are truthful and not
misleading.
In addition, FSIS and AMS will hold a public meeting on October 14,
2008, to discuss the development, evaluation, and proposed process for
animal raising claims. FSIS is collaborating with AMS on these issues
because AMS has taken a lead in establishing voluntary standards and in
developing programs, such as Quality System Verification Programs
(QSVPs) to verify or certify marketing claims that relate to animal
raising practices.
Certification by Certifying Entities, Request for Comments
The use of animal raising claims in the labeling of meat and
poultry products is an important issue for members of the industry that
want to use these claims to differentiate their meat or poultry
products from other similar products in the marketplace. It is also an
important issue for consumers that prefer to purchase products derived
from animals raised under certain conditions.
FSIS wants to ensure that its policies for evaluation and approval
of animal raising claims will create a level playing field for
companies that want to use such claims in marketing their products and
that will allow consumers to use animal raising claims information to
assist in their purchase decisions.
One approach under consideration is to rely on outside certifying
entities. A certifying entity would evaluate a company's animal
production protocol to determine whether those practices meet the
certifying entities standards for certifying the claim. The certifying
entity would define and publish its standards. FSIS would review the
certifying entities standards to determine whether they would in any
way render the claim false or misleading. For example, poultry ``raised
without antibiotics'' claims certified by a certifying entity whose
standards covered only on the period post-hatch, and allowed the
administration of antibiotics in ovo would be considered misleading by
the Agency and not approved for label use.
The certifying entity would also conduct audits to verify that the
animals used as the source for meat and poultry products bearing the
raising claims were raised according to those standards. Companies
interested in using animal raising claims in the labeling of their meat
or poultry products would submit documentation of the certification as
part of their label approval requests.
If FSIS were to adopt this approach, companies could use the
services of a private certifying entity or request that USDA's AMS
establish a voluntary audit-based program on specific animal raising
claims. For example, AMS's Livestock and Seed (LS) Program offers
verification services through QSVPs to substantiate claims that cannot
be determined by direct examination of livestock, their carcasses, or
component parts, thus allowing the product to be labeled as ``Verified
by USDA'' (http://www.ams.usda.gov/ARCaudits). One specific QSVP is the
USDA Process Verified Program, which allows a supplier to make
marketing claims about feed practices or other raising practices, and
then label and market their product as ``USDA Process Verified''.
FSIS and AMS are interested in comments on the use of certification
provided by certifying entities to verify animal raising claims and
other possible approaches for approving the use of such claims in the
labeling of meat and poultry products. The agencies plan to discuss
this and the other issues related to animal raising claims at the
October 14, 2008, public meeting.
The agencies are interested in public input on the following
questions concerning the use of certifying entities in evaluating and
approving animal raising claims in the labeling of meat and poultry
products.
[[Page 60230]]
1. Should FSIS continue to approve label claims based on animal
raising standards developed by private certifying entities and by
companies themselves if FSIS has reviewed the standards and determines
that they would not render a claim false or misleading?
2. Should FSIS establish any performance criteria or standards for
private certifying entities? Should the Agency require that private
certifying entities be reviewed and approved by AMS?
3. Should FSIS establish minimum standards that companies would
have to achieve to qualify to use certain animal raising claims?
4. For those animal raising claims for which AMS has adopted
standards, should FSIS adopt the AMS standards as the minimum
standards?
5. Would the approach outlined in this document create any
inequities or create any problems for companies interested in using
animal raising claims on the labels of their meat or poultry products?
6. What other approaches should FSIS consider for evaluating and
approving animal raising claims?
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/
regulations_&_policies/2008_Notices_Index/index.asp.
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, 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 which
provides automatic and customized access to selected food safety news
and information. This service is available at http://www.fsis.usda.gov/
news_and_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 account.
Done at Washington, DC, on: October 7, 2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8-24191 Filed 10-7-08; 4:15 pm]
BILLING CODE 3410-DM-P