[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31930-31932]
From the Federal Register Online via the Government Printing Office
[FR Doc No: 2011-13555]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2011-0003]


Notice of Request for a Revision of a Currently Approved 
Information Collection (Marking, Labeling, and Packaging)

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and 
Office of Management and Budget (OMB) regulations, this notice 
announces the Food Safety and Inspection Service's (FSIS) intention to 
request a revision of a currently approved information collection 
regarding the regulatory requirements for marking, labeling, and 
packaging of meat, poultry, and egg products; and for establishments 
that produce mechanically separated poultry. FSIS has revised its total 
annual burden estimate in light of the latest available data. Also, 
FSIS is requesting permission to use a new form related to the label 
approval process.

DATES: Comments on this notice must be received on or before August 1, 
2011.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. 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 on-line 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, Room 2-2127, George 
Washington Carver Center, 5601 Sunnyside Avenue, Mailstop 5272, 
Beltsville, MD 20705-5272.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2011-0003. Comments 
received in

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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 a.m. and 
4:30 p.m., Monday through Friday.
    For Additional Information: Contact John O'Connell, Paperwork 
Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 
1400 Independence Avenue, SW., Room 6065, South Building, Washington, 
DC 20250, Telephone: (202) 720-0345.

SUPPLEMENTARY INFORMATION: 
    Title: Marking, Labeling, and Packaging.
    OMB Number: 0583-0092.
    Expiration Date of Approval: 11/30/2011.
    Type of Request: Revision of a currently approved information 
collection.
    Abstract: FSIS has been delegated the authority to exercise the 
functions of the Secretary as specified in the Federal Meat Inspection 
Act (FMIA) (21 U.S.C. 601, et seq.), the Poultry Products Inspection 
Act (PPIA) (21 U.S.C. 451, et seq.), and the Egg Products Inspection 
Act (EPIA) (21 U.S.C. 1031, et seq.). FSIS protects the public by 
verifying that meat, poultry, and egg products are safe, wholesome, 
unadulterated, and properly labeled and packaged.
    FSIS is requesting a revision of a currently approved information 
collection addressing paperwork requirements specified in the 
regulations related to marking, labeling, and packaging of meat, 
poultry, and egg products; and to establishments that produce 
mechanically separated poultry.
    To control the manufacture of marking devices bearing official 
marks, FSIS requires official meat and poultry establishments and the 
manufacturers of such devices to submit an Authorization Certificate to 
the Agency (FSIS Form 5200-7). Such certification is necessary to help 
prevent the manufacture and use of counterfeit marks of inspection (9 
CFR 312.1, 317.3, 381.96 & 381.131).
    Meat and poultry establishments and egg products plants must 
develop labels in accordance with FSIS regulations (9 CFR 317.1, 
381.115, & 590.410). To receive approval for such labels, 
establishments must complete a form (``Application for Approval of 
Labels, Marking or Device,'' FSIS Form 7234-1). Respondents also must 
submit duplicate copies of the labels. The establishment must maintain 
a copy of all the labeling used, along with product formulation and 
processing procedures (9 CFR 317.4). Additionally, FSIS has developed a 
new form to be used by establishments requesting reconsideration of a 
label application that the Agency has modified or rejected (``Request 
for Label Reconsideration,'' FSIS Form 8822-4).
    Previously approved labeling that contains changes such as holiday 
season designs, addition or deletion of coupons, UPC production codes, 
or recipe suggestions; newly assigned or revised establishment numbers; 
changes in the arrangement or language of directions for opening 
containers or serving the product; or the substitution of abbreviations 
for words or vice versa, do not need additional FSIS approval (9 CFR 
317.5). Establishments must keep a copy of the labeling used, along 
with the product formulation and processing procedures on file.
    FSIS requires establishments to keep a written guaranty on file to 
demonstrate that the packaging material they use to package product is 
safe and will not adulterate product (9 CFR 317.24 and 381.144).
    Poultry establishments producing mechanically separated poultry 
must have adequate controls in place, including recordkeeping, to 
ensure that such product complies with the Agency's requirements (9 CFR 
381.173).
    The Agency is revising the information collection because it has 
developed a new form that will be used by establishments seeking 
reconsideration of label applications. Also, FSIS has revised estimates 
of the total number of respondents based on the most current data 
available. These revisions support a finding of fewer total burden 
hours (128,267) than there are in the approved information collection 
(155,288).
    FSIS has made the following estimates based upon an information 
collection assessment:
    Estimate of Burden: FSIS estimates that it will take respondents an 
average of 4 minutes per response related to marking; 75 minutes per 
response related to labeling applications and recordkeeping; 120 
minutes per response related to labeling reconsideration requests; 15 
minutes per response related to generically approved labeling 
recordkeeping; 2 minutes per response related to packaging materials 
recordkeeping; and 5 minutes per response related to mechanically 
separated poultry recordkeeping.
    Respondents: Official meat and poultry establishments, official egg 
plants, and foreign establishments.
    Estimated No. of Respondents: 5,736 related to marking; 3,682 
related to labeling applications and recordkeeping; 74 related to 
labeling reconsideration requests; 6,333 related to generically 
approved labeling recordkeeping; 5,735 related to packaging materials 
recordkeeping; and 82 related to mechanically separated poultry 
recordkeeping.
    Estimated No. of Annual Responses per Respondent: 1 related to 
marking; 20 related to labeling applications and recordkeeping; 2 
related to labeling reconsideration requests; 20 related to generically 
approved labeling recordkeeping; 2 related to packaging materials 
recordkeeping; and 455 related to mechanically separated poultry 
recordkeeping.
    Estimated Total Annual Burden on Respondents: 128,267 hours.
    Copies of this information collection assessment can be obtained 
from John O'Connell, Paperwork Reduction Act Coordinator, Food Safety 
and Inspection Service, USDA, 1400 Independence Avenue, SW, Room 6065, 
South Building, Washington, DC 20250, Telephone: (202)720-0345.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of FSIS's 
functions, including whether the information will have practical 
utility; (b) the accuracy of FSIS's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques, or other forms of 
information technology. Comments may be sent both to FSIS, at the 
addresses provided above, and to the Desk Officer for Agriculture, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20253.
    Responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

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

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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.

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/Federal_Register_Notices/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_&_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 May 24, 2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011-13555 Filed 6-1-11; 8:45 am]
BILLING CODE 3410-DM-P