[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Rules and Regulations]
[Page 50701-50703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-1]
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Rules and Regulations
Federal Register
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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
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[[Page 50701]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2008-0027]
RIN 0583-AD38
Mandatory Country of Origin Labeling of Muscle Cuts of Beef
(Including Veal), Lamb, Chicken, Goat, and Pork; Ground Beef, Ground
Lamb, Ground Chicken, Ground Goat, and Ground Pork
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: FSIS is conforming its regulations to the Agricultural
Marketing Service (AMS) regulations, entitled, ``Mandatory Country of
Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable
Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macademia
Nuts.'' Therefore, FSIS is amending its regulations to require that a
country of origin statement on the label of any meat or poultry product
that is a covered commodity, as defined in AMS' interim final
regulations (73 FR 45106), and is to be sold by a retailer, as also
defined in AMS' interim final regulation, must comply with AMS' interim
final regulations. FSIS is also amending its regulations to provide
that the addition of country of origin statements on labels of meat or
poultry product covered commodities that are to be sold by covered
retailers and that comply with the country of origin labeling
requirements will be considered to be generically approved. FSIS is not
amending its regulations or labeling policies for meat or poultry
products that are non-covered commodities. The effective date of AMS'
interim final rule for country of origin labeling is September 30,
2008. Therefore, in order to meet the deadline, FSIS is issuing this
interim final rule.
DATES: Effective Date: This interim final rule is effective September
30, 2008.
Applicability date: The requirements of this rule do not apply to
meat or poultry product covered commodities produced or packaged before
September 30, 2008.
Comment date: Comments must be submitted on or before September 29,
2008.
ADDRESSES: FSIS invites interested persons to submit comments on this
rule. Comments may be submitted by one 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. FSIS prefers to
receive comments through the Federal eRulemaking Portal. Go to http://
www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Food Safety and Inspection Service'' and ``Rules'' from the
agency drop-down menu and then click on ``Submit.'' In the Docket ID
column, select the FDMS Docket Number 2008-0027 to submit or view
public comments and to view supporting and related materials available
electronically. After the close of the comment period, the docket can
be viewed using the ``Advanced Search'' function in regulations.gov.
Mail, including floppy disks or CD-ROMs, and hand- or
courier-delivered items: Send to Docket Clerk, U.S. Department of
Agriculture (USDA), FSIS, 1400 Independence Avenue, SW., Room 2534
South Building, Washington, DC 20250.
All submissions received must include the Agency name and docket
number FSIS-2008-0027.
All comments submitted in response to this rule will be posted to
Agency's Web site at http://www.fsis.usda.gov/Regulations_&_Policies/
2008_Interim_&_Final_Rules_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. Comments will also 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: Charles Gioglio, Director, Labeling
and Program Delivery Division, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250-3700; (202) 205-0010.
SUPPLEMENTARY INFORMATION: The Farm Security and Rural Investment Act
of 2002, (Section 10816 of Pub. L. 107-171) and the Food, Conservation
and Energy Act of 2008 (Section 11002 of Public Law 110-234) amended
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) to
require retailers to notify their customers of the country of origin of
covered commodities. Under the law, covered commodities include muscle
cuts of beef (including veal), lamb, chicken, goat, and pork; ground
beef, ground lamb, ground chicken, ground goat, ground pork, as well as
other non-meat covered commodities. The law defines ``retailer'' as
having the meaning given that term in section 1(b) of the Perishable
Agricultural Commodities Act of 1930 (PACA) (7 U.S.C. 499 et seq.). In
addition, the law states that any person engaged in the business of
supplying a covered commodity to a retailer shall provide information
to the retailer indicating the country of origin of the covered
commodity. The law exempts covered commodities from mandatory country
of origin labeling if they are an ingredient in a processed food item.
The law also prescribes specific criteria that must be met for a
covered commodity to bear a ``United States country of origin''
declaration. Furthermore, the law specifies that the notice of country
of origin for ground beef, ground lamb, ground pork, ground goat, and
ground chicken shall include a list of all the countries of origin
contained therein or reasonably contained therein.
The Agricultural, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act of 2006 (Pub. L. 109-97)
delayed the applicability of mandatory country of origin labeling for
all covered commodities except wild and farm-raised fish and shell fish
until September 30, 2008.
AMS' interim final regulations on country of origin labeling were
published in the Federal Register on August 1, 2008 (73 FR 45106). The
interim final regulations define the meat
[[Page 50702]]
and poultry products that are covered commodities (7 CFR part 65,
subpart A). The definitions are consistent with and include references
to FSIS' regulations and labeling guidelines. AMS' interim final
regulations also define a ``processed food item'' as a retail item
derived from a covered commodity that has undergone specific processing
resulting in a change in the character of the covered commodity, or
that has been combined with at least one other covered commodity or
other substantive food component (7 CFR 65.220). Examples of
``processed food items'' excluded from mandatory country of origin
labeling requirements include meatloaf, meatballs, fabricated steak,
breaded veal cutlets, corned beef, sausage, breaded chicken tenders,
and teriyaki flavored pork loin (73 FR 45107).
In addition, the interim final regulations define the statement,
``United States country of origin,'' for beef, pork, lamb, chicken, and
goat (7 CFR 65.260). According to the definition, the statement means
the product is (1) from animals born, raised, and slaughtered in the
United States; (2) from animals born and raised in Alaska or Hawaii and
transported for not more than 60 days through Canada to the United
States and slaughtered in the United States; or (3) from animals
present in the United States on or before July 15, 2008, that remained
continuously in the United States once in the United States (7 CFR
65.260).
Country of origin regulations in 7 CFR 65.300 include requirements
for labeling covered commodities of United States origin (7 CFR
65.300(d)), requirements for labeling muscle cut covered commodities of
multiple countries of origin that include the United States (7 CFR
65.300(e)), requirements for labeling imported covered commodities (7
CFR 65.300(f)), and requirements for labeling ground beef, ground pork,
ground lamb, ground goat, and ground chicken (7 CFR 65.300(h)).
7 CFR 65.400 provides country of origin marking requirements and
allows country of origin declarations to be in the form of a placard,
sign, label sticker, band, twist tie, pin tag, or other format that
allows consumers to identify the country of origin. Finally, 7 CFR
65.500 provides recordkeeping requirements, including the requirement
that any person engaged in the business of supplying a covered
commodity to a retailer must make available information to the buyer
about the countries of origin of the covered commodity.
In the preamble to its interim final rule, AMS stated that it is
reasonable to allow time for covered commodities that are already in
the chain of commerce and for which no origin information is known or
been provided to clear the system. Therefore, the requirements in AMS'
interim final rule do not apply to covered commodities produced or
packed before September 30, 2008 (73 FR 45107).
Changes to Federal Meat and Poultry Products Regulations
To conform its regulations to AMS' interim final regulations, FSIS
is amending 9 CFR 317.8(b) and 381.129 to require that a country of
origin statement on the label of a meat or poultry product that is a
``covered commodity'' as defined in 7 CFR Part 65, Subpart A, that is
to be sold by a ``retailer,'' as defined in 7 CFR 65.240, comply with
the country of origin notification and markings requirements in 7 CFR
65.300 and 65.400.
FSIS is also amending its generic approval labeling regulations (9
CFR 317.5 and 381.133) to specify that the addition of country of
origin statements on the labels of meat or poultry product covered
commodities that are to be sold by retailers and that comply with
country of origin labeling requirements will be considered to be
generically approved. FSIS is providing that such country of origin
statements will be generically approved to facilitate implementation of
country of origin labeling and to meet the September 30, 2008,
implementation date. Under the Federal meat and poultry products
inspection regulations, country of origin statements on non-covered
meat or poultry products generally are not generically approved
labeling.
The Federal meat and poultry product inspection regulations require
country of origin statements on the immediate containers of imported
products (9 CFR 327.14 and 381.205). These regulations require that the
country of origin statement be immediately under the name or
descriptive designation of the product. AMS' interim final regulations
do not affect these requirements.
Because FSIS is conforming its regulations to AMS' regulations,
FSIS' interim final regulations do not apply to meat or poultry product
covered commodities produced or packaged before September 30, 2008.
Pursuant to 5 U.S.C. 553, the Administrator has found and
determined that it is impractical, unnecessary, and contrary to the
public interest to provide an opportunity to comment prior to putting
this rule into effect. This action is authorized under the Federal Meat
Inspection Act and the Poultry Products Inspection Act and is
consistent with the Agriculture Marketing Act. Because of the short
time between the passage of Public Law 110-234 and the effective date
of AMS' country of origin labeling provisions, it is impracticable to
provide for notice and comment prior to putting this rule into effect.
Because it is important that AMS and FSIS have consistent regulations
on September 30, 2008, it would be contrary to the public interest not
to make this interim final rule effective simultaneously with AMS'
interim rule. Interested persons have 30 days from the date of
publication of this interim final rule to comment on it.
Executive Order 12988
This interim final rule has been reviewed under the Executive Order
12988, Civil Justice Reform. Under this interim final rule: (1) All
State and local laws and regulations that are inconsistent with this
rule will be preempted; (2) no retroactive effect will be given to this
rule; and (3) no retroactive proceedings will be required before
parties may file suit in court challenging this rule.
Executive Order 12866 and the Regulatory Flexibility Act
This interim final rule has been reviewed under Executive Order
12866. The rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB). All costs and benefits
associated with this rule are accounted for in AMS' interim final rule
economic analysis (see 73 FR 45126).
Effect on Small Entities
AMS' interim final rule includes an interim final regulatory
flexibility analysis (73 FR 45140). AMS believes that its interim final
regulations will have a significant economic impact on a substantial
number of small entities. FSIS' conforming regulations will not have
any additional impact on small entities.
Paperwork Reduction Act
AMS' interim final rule includes an estimate of the annual
recordkeeping burden associated with country of origin labeling
requirements (73 FR 45143). FSIS' interim final rule has been reviewed
under the Paperwork Reduction Act and imposes no additional paperwork
or recordkeeping requirements.
Government Paperwork Elimination Act (GPEA)
FSIS is committed to compliance with the GPEA, which requires
Government
[[Page 50703]]
agencies, in general, to provide the public the option of communicating
electronically with the government to the maximum extent possible. The
Agency will ensure that all forms used by the establishments are made
available electronically.
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
final rule, FSIS will announce it online through the FSIS Web page
located at http://www.fsis.usda.gov/Regulations_&_Policies/2008_
Interim_&_Final_Rules_Index/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 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 accounts.
List of Subjects
9 CFR Part 317
Food labeling, Meat inspection.
9 CFR Part 381
Food labeling, Poultry and poultry products.
0
For the reasons discussed in the preamble, FSIS is amending 9 CFR
Chapter III as follows:
PART 317--LABELING, MARKING DEVICES, AND CONTAINERS
0
1. The authority citation for part 317 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
0
2. Section 317.5(b) is amended as follows:
0
a. In paragraph (b)(1) after ``geographical origin claims'' add the
following parenthetical phrase: ``(except as provided by paragraph
(b)(9)(xxv) of this section),''
0
b. In paragraph (b)(2) after ``geographical origin claims'' add the
following parenthetical phrase: ``(except as provided by paragraph
(b)(9)(xxv) of this section),''
0
c. A new paragraph (b)(9)(xxv) is added to read as follows:
Sec. 317.5 Generically approved labeling.
* * * * *
(b) * * *
(9) * * *
(xxv) A country of origin statement on any product label described
in Sec. 317.8(b)(40) that complies with the requirements in that
paragraph.
0
3. In Sec. 317.8, a new paragraph (b)(40) is added to read as follows:
Sec. 317.8 False or misleading labeling or practices generally;
specific prohibitions and requirements for labels and containers.
* * * * *
(b) * * *
(40) A country of origin statement on the label of any meat
``covered commodity'' as defined in 7 CFR Part 65, Subpart A, that is
to be sold by a ``retailer,'' as defined in 7 CFR 65.240, must comply
with the requirements in 7 CFR 65.300 and 65.400.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
4. The authority citation for part 381 continues to read as follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.
0
5. In Sec. 381.129, a new paragraph (f) is added to read as follows:
Sec. 381.129 False or misleading labeling or containers.
* * * * *
(f) A country of origin statement on the label of any poultry
product ``covered commodity'' as defined in 7 CFR Part 65, Subpart A,
that is to be sold by a ``retailer,'' as defined in 7 CFR 65.240, must
comply with the requirements in 7 CFR 65.300 and 65.400.
0
6. Sec. 381.133(b) is amended as follows:
0
a. In paragraph (b)(1) after ``geographical origin claims'' add the
following parenthetical phrase: ``(except as provided by paragraph
(b)(9)(xxviii) of this section),''
0
b. In paragraph (b)(2) after ``geographical origin claims'' add the
following parenthetical phrase: ``(except as provided by paragraph
(b)(9)(xxviii) of this section),''
0
c. A new paragraph (b)(9)(xxviii) is added to read as follows:
Sec. 381.133 Generically approved labeling.
* * * * *
(b) * * *
(9) * * *
(xxviii) A country of origin statement on any product label
described in Sec. 381.129(f) that complies with the requirements in
that paragraph.
Done in Washington, DC, on August 22, 2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8-19882 Filed 8-27-08; 8:45 am]
BILLING CODE 3410-DM-P