[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Rules and Regulations]
[Page 75564-75566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de08-4]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2008-0040]
RIN 0583-AD05
Uniform Compliance Date for Food Labeling Regulations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing
January 1, 2012, as the uniform compliance date for new meat and
poultry product labeling regulations that are issued between January 1,
2009, and December 31, 2010. FSIS periodically announces uniform
compliance dates for new meat and poultry product labeling regulations
to minimize the economic impact of label changes.
DATES: This rule is effective December 12, 2008. Comments on this final
rule must be received on or before January 12, 2009.
ADDRESSES: FSIS invites interested persons to submit comments on this
final rule. Comments may be submitted by either 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. 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, 1400 Independence
Avenue, SW., Room 2534, South Agriculture Building, Washington, DC
20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2008-0040. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
Docket: For access to background documents or comments received, go
to 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: Rosalyn Murphy-Jenkins, Food Safety
and Inspection Service, USDA, 1400 Independence Avenue, SW.,
Washington, DC 20250-3700; Telephone 202-205-0623, Fax 202/205-0145 or
202/205-0271.
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 products.
On December 14, 2004, FSIS issued the final rule that provided that
the Agency will set uniform compliance dates for new meat and poultry
product labeling regulations in two year increments and will
periodically issue final rules announcing those dates. That final rule
also established January 1, 2008, as the uniform compliance date for
meat and poultry product labeling regulations that issued between
January 1, 2005, and December 31, 2006 (69 FR 74405). Consistent with
the 2004 final rule, FSIS issued a subsequent final rule, on March 5,
2007, that established January 1, 2010, as the uniform compliance date
for meat and poultry product labeling regulations that issued between
January 1, 2007, and December 31, 2008 (72 FR 9651).
The Final Rule
This final rule establishes January 1, 2012, as the uniform
compliance date for new meat and poultry product labeling regulations
that are issued between January 1, 2009 and December 31, 2010, is
consistent with the previous final rules establishing uniform
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compliance dates. In addition, FSIS' approach for establishing uniform
compliance dates for new food labeling regulations is consistent with
FDA's approach. FDA is also establishing January 1, 2012, as the
uniform compliance date for new food labeling regulations that are
issued between January 1, 2009, and December 31, 2010.
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 industry is able to plan for 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 manufacturers with a greater ability to
adjust production plans to new labeling requirements across all of
their product lines.
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, however, 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, 2009, and before
December 31, 2010. In each of these regulations, FSIS will specifically
identify January 1, 2012, as the compliance date. All meat and poultry
food products that are subject to labeling regulations promulgated
between January 1, 2009 and December 31, 2010, will be required to
comply with these regulations when introduced into commerce on or after
January 1, 2012. If any food labeling regulation involves special
circumstances that justify a compliance date other than January 12,
2012, 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 comment on the concept
of establishing uniform compliance dates for labeling requirements (69
FR 24539). In the March 5, 2007, final rule, FSIS noted that the Agency
received only four comments in response to the proposal, all fully
supportive of the policy to set uniform compliance dates. Therefore, in
the March 5, 2007, final rule, FSIS determined that further rulemaking
for the establishment of uniform compliance dates for labeling
requirements is unnecessary (72 FR 9651). Consistent with its statement
in 2007, FSIS finds at this time that further rulemaking on this matter
is unnecessary. However, 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 12988
This final rule has been reviewed under the Executive Order 12988,
Civil Justice Reform. Under this 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
FSIS has examined the impacts of the final rule under Executive
Order 12866, which directs agencies to assess 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 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).
E-Government Act Compliance
FSIS is committed to complying with the E-Government Act, to
promote the use of the Internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services for other purposes.
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 on-line through the FSIS Web page
located at http://www.fsis.usda.gov/regulations_&_policies/2008_
Interim_&_Final_Rules_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 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 available on the FSIS Web page. Through the Listserv and the
Web page, FSIS is able to
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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.
Done at Washington, DC, on December 9, 2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8-29485 Filed 12-11-08; 8:45 am]
BILLING CODE 3410-DM-P