[Federal Register: August 13, 2001 (Volume 66, Number 156)]
[Proposed Rules]
[Page 42472-42474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au01-17]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. 99-018P]
Addition of Slovakia to the List of Countries Eligible To Export
Meat Products Into the United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
add Slovakia to the list of countries eligible to export meat and meat
products to the United States. Reviews by FSIS of Slovakia's laws,
regulations, and other written materials show that its meat processing
system meets requirements that are equivalent to the relevant
provisions of the Federal Meat Inspection Act (FMIA) and its
implementing regulations.
Under this proposal, meat products processed in certified
establishments in Slovakia will be permitted to be exported to the
United States if these products are derived from cattle, sheep, swine,
and goats slaughtered in federally inspected establishments in the
United States, or in certified slaughter establishments in other
countries eligible to export meat to the United States. All meat
products exported from Slovakia to the United States will be
reinspected at the U.S. ports-of-entry by FSIS inspectors as required
by law.
DATES: Comments must be received on or before October 12, 2001.
ADDRESSES: Send an original and two copies of comments to:
FSIS Docket Clerk, Docket #99-018P, Room 102, Cotton Annex, 300 C
Street, SW., Washington, DC 20250-3700. Reference materials cited in
this document and any comments received will be available for public
inspection in the FSIS Docket Room from 8:30 a.m. to 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Ms. Sally Stratmoen, Acting Director,
International Policy Development Staff, Office of Policy, Program
Development and Evaluation; (202) 720-6400.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend the Federal meat inspection regulations
to add Slovakia to the list of countries eligible to export meat and
meat products to the United States. In 1972, the country formerly known
as Czechoslovakia completed the eligibility process for exportation of
meat products to the United States. The country maintained its
eligibility until it split into two separate countries, the Czech
Republic and Slovakia, on January 1, 1993. The part of the country that
became the Czech Republic continued to maintain a meat inspection
system under the same laws and regulations that existed when it was
part of Czechoslovakia. Since FSIS had previously determined that these
laws and regulations were equivalent to the meat inspection standards
applied to products produced in the United States, the Agency
determined that the newly formed Czech Republic would continue to be
eligible to export meat and meat products to the United States. On
February 24, 1995, FSIS published a direct final rule to amend section
327 of the meat inspection regulations (9 CFR part 327) to remove
``Czechoslovakia'' and add the ``Czech Republic'' to the list of
countries eligible to export meat products to the United States (60 FR
10306).
The part of former Czechoslovakia that became Slovakia had never
had any certified meat inspection plants, nor had it exported any meat
products to the United States. Given this history and the lack of
information about the Slovakian meat inspection system, FSIS was not
certain that Slovakia's meat inspection system was equivalent to that
of the United States. Therefore, FSIS decided to require that Slovakia
request and receive approval from FSIS before it could be deemed
eligible to have its meat products exported to the United States.
Section 20 of the FMIA (21 U.S.C. 620) prohibits the importation
into the United States of carcasses, parts of carcasses, meat, or meat
food products of cattle, sheep, swine, goats, horses, mules, or other
equines that are capable for use as human food that are adulterated or
misbranded. Imported meat products must be in compliance with the
Federal meat inspection regulations to ensure that they meet the
standards provided in the FMIA. 9 CFR 327.2 establishes the procedures
by which foreign countries that want to export meat or meat products to
the United States may become eligible to do so.
Section 327.2(a) requires that authorities in a foreign country's
meat inspection system certify that (1) the system provides standards
equivalent to those of the United States and (2) the legal authority
for the system and its implementing regulations are equivalent to those
of the United States. Specifically, a country's regulations must impose
requirements that are equivalent to those of the United States in the
following areas: (1) Ante-mortem and post-mortem inspection; (2)
official controls by the national government over plant construction,
facilities, and equipment; (3) direct and continuous supervision of
slaughter activities, where applicable, and product preparation by
official inspection personnel; (4) separation of establishments
certified to export from those not certified; (5) maintenance of a
single standard of inspection and sanitation throughout certified
establishments; and (6) official controls over condemned product.
Section 327.2 also requires that a meat inspection system
maintained by a foreign country, with respect to establishments that
prepare products in that country for export to the United States,
ensure that those establishments and their meat products comply with
requirements that are equivalent to the provisions of the FMIA and the
meat inspection regulations. Foreign country authorities must be able
to ensure that all certifications required under Part 327 of the meat
inspection regulations (Imported Products) can be relied upon before
approval to export meat products to the United States will be granted
by FSIS. Besides relying on its initial determination of a country's
eligibility, coupled with ongoing reviews to ensure that products
shipped to the United States are safe, wholesome, and properly labeled
and packaged, FSIS randomly samples imported meat and meat products for
reinspection as they enter the United States.
In addition to meeting the certification requirements, a foreign
country's inspection system must be evaluated by FSIS before it will be
granted eligibility to export meat products to the United States. This
evaluation consists of two processes: a document review and an on-site
review. The document review is an evaluation of the laws, regulations,
and other written materials used by the country to operate its
inspection program. To help the country organize its materials, FSIS
gives the country questionnaires that ask for detailed information
about the country's inspection practices and procedures in five risk
areas. These five risk areas, which are the focus of the evaluation,
are sanitation, animal disease, slaughter/processing, residues, and
enforcement. FSIS evaluates the information to verify that the critical
points in the five risk areas are addressed satisfactorily with respect
to standards, activities, resources, and enforcement. If the document
review is satisfactory, an on-site review is
[[Page 42473]]
scheduled using a multi-disciplinary team to evaluate all aspects of
the country's inspection program, including laboratories and individual
establishments within the country.
Evaluation of the Slovakian Inspection System
In response to a request from Slovakia for approval to export meat
and meat products to the United States, FSIS conducted a review of the
Slovakian meat inspection system to determine if it is equivalent to
the U.S. meat inspection system. First, FSIS compared Slovakia's meat
inspection laws and regulations with U.S. requirements. The study
concluded that the requirements contained in Slovakia's meat inspection
laws and regulations are equivalent to those mandated by the FMIA and
its implementing regulations. FSIS then conducted an on-site review of
the Slovakian meat inspection system in operation. The FSIS review team
concluded that Slovakia's implementation of meat processing standards
and procedures is equivalent to that of the United States, and that
Slovakia's official residue control laboratory is fully capable of
testing meat products.
If this proposal is adopted by FSIS, meat products exported to the
United States from Slovakia will be reinspected at the ports-of-entry
for transportation damage, labeling, proper certification, general
condition, and accurate count. Other types of inspection will also be
conducted, including examining the product for defects and performing
laboratory analyses to detect chemical residues in the product or to
determine whether the product is microbiologically contaminated.
Products that pass reinspection will be stamped with the official
mark of inspection and allowed to enter U.S. commerce. If they do not
meet U.S. requirements, they will be stamped ``U.S. Refused Entry'' and
re-exported, destroyed, or converted to animal food.
Accordingly, FSIS is proposing to amend section 327 of the meat
inspection regulations to add Slovakia as a country from which meat and
meat products may be eligible for export to the United States. As a
country eligible to export meat and meat products to the United States,
the government of Slovakia will certify to FSIS those establishments
that intend to export such products to the United States and that
operate according to U.S. requirements. FSIS will verify that
establishments certified by the Slovakia government are meeting the
U.S. requirements. This verification will be done through on-site
reviews of the establishments while they are in operation.
Although a foreign country may be listed as eligible to export meat
and meat products, products from that country must also comply with
other U.S. requirements, including the restrictions under title 9, part
94 of the Animal and Plant Health Inspection Service's regulations that
relate to the importation of meat and meat products from foreign
countries into the United States.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. States and local jurisdictions are preempted by
the Federal Meat Inspection Act (FMIA) from imposing any marking,
labeling, packaging, or ingredient requirements on federally inspected
meat or meat products that are in addition to, or different than, those
imposed under the FMIA. States and local jurisdictions may, however,
exercise concurrent jurisdiction over meat and meat products that are
outside official establishments for the purpose of preventing the
distribution of meat and meat products that are misbranded or
adulterated under the FMIA, or, in the case of imported articles, that
are not at such an establishment, after their entry into the United
States. This proposed rule is not intended to have retroactive effect.
If this proposed rule is adopted, administrative proceedings will not
be required before parties may file suit in court challenging this
rule. However, the administrative procedures specified in 9 CFR 306.5
must be exhausted prior to any judicial challenge of the application of
the provisions of this proposed rule, if the challenge involves any
decision of an FSIS employee relating to inspection services provided
under the FMIA.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
It has been determined to be not significant for purposes of Executive
Order 12866 and therefore, has not been reviewed by the Office of
Management and Budget (OMB).
Currently, there is only one establishment in Slovakia that has
applied for USDA Meat Plant Certification for Export. This
establishment would export non-heat treated shelf stable meat products,
such as sausages and salami, and non-shelf stable cooked meat products,
such as pasteurized hams and specialty cured, cooked, and smoked meat
products. U.S. imports from this establishment are expected to total
520 tons per year.
U.S. firms currently export no meat products and only a small
amount of poultry products to Slovakia. Table 1 reports U.S. exports of
poultry and pork products to Slovakia from 1994 to 2000. Poultry
exports were highest in 1994, before declining and eventually falling
to zero in 1996. Poultry exports reappeared again in 1998, but again at
relatively low levels.
Table 1 also reports U.S. exports of pork products to Slovakia.
Between 1994 and 2000, U.S. firms exported pork products to Slovakia
only once, in 1994. Since then, the U.S. has not had any exports of
meat products to Slovakia.
If this proposal is issued as a final rule, it could begin to
reopen trade between the United States and Slovakia. During much of the
mid-1990's, many emerging democratic nations faced substantial economic
obstacles. Listing Slovakia as a country eligible to export meat and
meat products to the United States could begin the process of
reacquainting Slovakia with U.S. firms.
Expected benefits from this type of proposed rule would generally
accrue to consumers in the form of lower prices. However, the volume of
trade stimulated by this proposal is likely to be so small as to have
little effect on supply and farm-level prices for livestock. Apart from
any change in prices, U.S. consumers may still benefit from an
increased choice of meat products in the marketplace.
The costs of this proposed rule will accrue primarily to producers
in the form of greater competition from Slovakia. However, as mentioned
in the preceding paragraph, the volume of trade stimulated by this rule
would be very small and is likely to have little effect on supply and
farm-level prices. Nonetheless, it is possible that U.S. firms that
produce products that would compete with Slovakian imports could face
short-run difficulties. However, in the long run, it is expected that
such firms would adjust their product mix in order to compete
effectively.
[[Page 42474]]
Table 1.--U.S. Exports of Poultry and Pork Products to Slovakia, 1994-2000
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Average price per
Calendar year Quantity (tons) Value ton
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Poultry:
1994............................................... 283 $354,000 $1250.88
1995............................................... 22 20,000 909.09
1996............................................... 0 0.00 NA.
1997............................................... 0 0.00 NA.
1998............................................... 68 68,000 1000.00
1999............................................... 24 14,000 583.30
2000............................................... 69 55,000 797.10
Pork:
1994............................................... 38 39,480 1038.95
1995............................................... 0 0.00 NA.
1996............................................... 0 0.00 NA.
1997............................................... 0 0.00 NA.
1998............................................... 0 0.00 NA.
1999............................................... 0 0.00 NA.
2000............................................... 0 0.00 NA.
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Effect on Small Entities
The Administrator, FSIS, has made an initial determination that
this proposed rule will not have a significant impact on a substantial
number of small entities, as defined by the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This proposed rule would add Slovakia to the
list of countries eligible to export meat and meat products to the
United States. Currently, only one establishment in Slovakia has
applied for USDA Meat Plant Certification for Export. This
establishment plans to export approximately 520 tons of non-heat
treated shelf stable meat products and non-shelf stable cooked meat
products to the United States per year. The volume of trade stimulated
by this rule would be very small, and, as previously mentioned, is not
likely to have much of an effect on supply and prices. Therefore, this
proposed rule is not expected to have a significant impact on small
domestic entities that produce these types of products.
Paperwork Requirements
No new paperwork requirements are associated with this proposed
rule. A foreign country that wants to export meat products to the
United States is required to provide information to FSIS to certify
that its inspection system provides standards equivalent to those of
the United States and that the legal authority for the system and its
implementing regulations are equivalent to those of the United States
before it may start exporting such product to the United States. FSIS
collects this information one time only. FSIS gave Slovakia
questionnaires asking for detailed information about the country's
inspection practices and procedures to assist the country in organizing
its materials. This information collection was approved under OMB
number 0583-0094. This proposed rule contains no other paperwork
requirements.
Public Notification and Request for Data
FSIS requests information regarding the impact of this proposed
rule on minorities, women, and persons with disabilities, including
information on the number of minority-owned meat and poultry
establishments, the makeup of establishment workforces, and the
communities served by official establishments. Public involvement in
all segments of rulemaking and policy development are important.
Consequently, in an effort to better ensure that minorities, women, and
persons with disabilities are aware of this proposed rule and are
informed about the mechanism for providing their comments, FSIS will
announce it and provide copies of this Federal Register publication in
the FSIS Constituent Update. FSIS provides a weekly FSIS Constituent
Update, which is communicated via fax to over 300 organizations and
individuals. In addition, the update is available on line through the
FSIS web page located at http://frwebgate.access.gpo.gov/cgi-bin/
leaving.cgi?from= leavingFR.html&log= linklog&to= http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov. The update is used to provide information regarding
FSIS policies, procedures, regulations, Federal Register notices, FSIS
public meetings, recalls, and any other types of information that could
affect or would be of interest to our constituents/stakeholders. The
constituent fax list consists of industry, trade, and farm groups,
consumer interest groups, allied health professionals, scientific
professionals, and other individuals that have requested to be
included. Through these various channels, FSIS is able to provide
information to a much broader, more diverse audience. For more
information and to be added to the constituent fax list, fax your
request to the Congressional and Public Affairs Office, at (202) 720-
5704.
List of Subjects in 9 CFR Part 327
Imports, Meat and meat products.
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR part 327 as follows:
PART 327--IMPORTED PRODUCTS
1. The authority citation for part 327 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 327.2 [Amended]
2. Section 327.2 is amended by adding ``Slovakia'' in alphabetical
order to the list of countries in paragraph (b).
Done at Washington, DC, on: August 7, 2001.
Thomas J. Billy,
Administrator.
[FR Doc. 01-20098 Filed 8-10-01; 8:45 am]
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