[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76824-76825]
From the Federal Register Online via the Government Printing Office
[FR Doc No: 2012-31398]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2012-0039]
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, 2016, as the uniform compliance date for new meat and
poultry product labeling regulations that are issued between January 1,
2013, and December 31, 2014. 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 31, 2012. Comments on this final
rule must be received on or before January 30, 2013.
ADDRESSES: FSIS invites interested persons to submit relevant comments
on this proposed 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 CD-ROMs: Send to Docket Clerk, U.S.
Department of Agriculture (USDA), FSIS, OPPD, Patriots Plaza 3, 1400
Independence Avenue SW., Mailstop 3782, 8-163A, Washington, DC 20250-
3700.
Hand- or courier-delivered items: Send to Docket Clerk,
U.S. Department of Agriculture (USDA), FSIS, OPPD, Patriots Plaza 3,
355 E. Street SW., 8-163A, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2012-0039. 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 a.m. and
4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Division, Office of Policy and Program
Development, Food Safety and Inspection Service, U.S. Department of
Agriculture, Telephone: 301-504-0879.
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 that
are subject to the jurisdiction of the Food and Drug Administration
(FDA). FDA also periodically issues regulations that require changes in
the labeling of products under its jurisdiction.
On December 14, 2004, FSIS issued a final rule that established
January 1, 2008, as the uniform compliance date for new meat and
poultry labeling regulations issued between January 1, 2005, and
December 31, 2006. The 2004 final rule also provided that the Agency
would set uniform compliance dates for new labeling regulations in 2-
year increments and periodically issue final rules announcing those
dates. Consistent with that final rule, the Agency has published three
final rules establishing the uniform compliance dates of January 1,
2010, January 1, 2012, and January 1, 2014 (72 FR 9651, 73 FR 75564,
and 75 FR 71344).
The Final Rule
This final rule establishes January 1, 2016, as the uniform
compliance date for new meat and poultry product labeling regulations
that are issued between January 1, 2013 and December 31, 2014, and is
consistent with the previous final rules that established uniform
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 planning to publish a final rule
establishing a new compliance date.
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, 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.
This compliance approach also serves consumers' interests because
the cost of multiple short-term label revisions that
[[Page 76825]]
would otherwise occur would likely be passed on to consumers in the
form of higher prices.
FSIS encourages meat and poultry companies to comply with new
labeling regulations as soon as it is feasible. If companies initiate
voluntary label changes, they should consider incorporating any new
requirements that have been published as final regulations.
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, 2013, and before
December 31, 2014. For each final rule that requires changes in
labeling, FSIS will specifically identify January 1, 2016, as the
compliance date. All meat and poultry food products that are subject to
labeling regulations promulgated between January 1, 2013 and December
31, 2014, will be required to comply with these regulations when
introduced into commerce on or after January 1, 2016. If any food
labeling regulation involves special circumstances that justify a
compliance date other than January 1, 2016, the Agency will determine
an appropriate compliance date and will publish that compliance date in
the rulemaking.
In rulemaking that began with the May 4, 2004, proposed rule, 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). The Agency did not receive comments on the
final rule. 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 the uniform compliance
date established in this final rule.
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 Orders 12866 and 13563 and the Regulatory Flexibility Act
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order (E.O.) 13563 emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been reviewed under E.O. 12866. The
Office of Management and Budget (OMB) has determined that it is not a
significant regulatory action under section 3(f) of E.O. 12866 and,
therefore, it has not been reviewed by OMB.
This rule does not have a significant economic impact on a
substantial number of small entities; consequently, a regulatory
flexibility analysis is not required (5 U.S.C. 601-612).
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 and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the Internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
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 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).
Additional Public Notification
FSIS will announce this rule online through the FSIS Web page
located at http://www.fsis.usda.gov/regulations_&_policies/Interim_&_Final_Rules/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. In addition, FSIS offers an electronic 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: December 21, 2012.
Alfred V. Almanza,
Administrator.
[FR Doc. 2012-31398 Filed 12-28-12; 8:45 am]
BILLING CODE 3410-DM-P