Trichinae Certification Program, 27656-27686 [E7-9236]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 149, 160, and 161
[Docket No. APHIS–2006–0089]
RIN 0579–AB92
Trichinae Certification Program
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: We are proposing to establish
a voluntary Trichinae Certification
Program for U.S. pork that has been
produced under disease-prevention
conditions. Under the proposed
program, we would certify pork
production sites that follow prescribed
good production practices that reduce,
eliminate, or avoid the risk of exposure
of animals to the zoonotic parasite
Trichinella spiralis, a disease of swine.
Such a program should enhance the
ability of producers to export pork and
pork products to overseas markets. This
proposed program, which would be
funded by program fees, has been
developed as a cooperative effort by the
U.S. Department of Agriculture, the
National Pork Board, and the pork
processing industry. If adopted, this
program would include those producers
who choose to participate in the
program, as well as slaughter facilities
and other persons that handle or process
swine from pork production sites that
have been certified under the program.
DATES: We will consider all comments
that we receive on or before July 16,
2007.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2006–
0089 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2006–0089,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
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River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2006–0089.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Dave Pyburn, National Trichinae
Coordinator, VS, APHIS, 210 Walnut
Street Room 891, Des Moines, IA 50309;
(515) 284–4122.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection
Act (7 U.S.C. 8301–8317), the
Administrator of the U.S. Department of
Agriculture’s (USDA’s) Animal and
Plant Health Inspection Service (APHIS)
may carry out operations and measures
to detect, control, or eradicate any pest
or disease of livestock (including the
drawing of blood and diagnostic testing
of animals). Such operations can
include animals at a slaughterhouse,
stockyard, or other point of
concentration. The Administrator may
also cooperate with State authorities,
Indian tribe authorities, or other persons
in the administration of regulations for
the improvement of livestock and
livestock products. For example, APHIS
administers regulations in subchapter G
of chapter I, title 9, of the Code of
Federal Regulations (CFR) that address
poultry improvement through the
National Poultry Improvement Plan
(NPIP). The NPIP is a cooperative
Federal-State-industry mechanism
consisting of a variety of programs
intended to prevent and control eggtransmitted, hatchery-disseminated
poultry diseases. As a result, customers
can buy poultry or poultry products
from flocks that have been certified free
of certain diseases or produced under
disease-prevention conditions.
APHIS’ regulations in 9 CFR parts 160
through 162 govern the accreditation of
veterinarians. Accredited veterinarians
are approved by the APHIS
Administrator to perform certain
regulatory tasks to control and prevent
the spread of animal diseases
throughout the United States.
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Under the Federal Meat Inspection
Act (FMIA), as amended (21 U.S.C. 601
et seq.), and the Poultry Products
Inspection Act (PPIA), as amended (21
U.S.C. 451 et seq.), the USDA’s Food
Safety and Inspection Service (FSIS)
inspects meat and poultry slaughtered
or processed at official establishments.
Such inspection is required to ensure
the safety, wholesomeness, and proper
labeling of meat and poultry. In addition
to mandatory inspection, FSIS, under
the authority of the Agricultural
Marketing Act of 1946, as amended (7
U.S.C. 1621–1627), provides a range of
voluntary inspection, certification, and
identification services to assist in the
orderly marketing of various animal
products and byproducts. FSIS
regulations covering inspection and
other related activities are found at 9
CFR chapter III.
Under the Agricultural Marketing Act
of 1946, USDA’s Agricultural Marketing
Service (AMS) provides analytical
testing services that facilitate marketing
and allow products to obtain grade
designations or meet marketing or
quality standards. Pursuant to this
authority, AMS develops and maintains
laboratory certification and approval
programs as needed by the agricultural
industry, to support domestic and
international marketing of U.S.
products.
Trichinae In Swine
Trichinella spiralis is a parasitic
nematode (roundworm) that is found in
many warm-blooded carnivores and
omnivores, including swine. Trichinae
is a generic term that refers to
Trichinella spiralis. Trichinae has a
direct life cycle, which means it
completes all stages of development in
one host. Transmission from one host to
another host can only occur by ingestion
of muscle tissue that is infected with the
encysted larval stages of the parasite.
When ingested, muscle larvae are freed
from the cyst by digestion in the
stomach and then enter tissues of the
small intestine, where they undergo
development to the adult stage. Male
and female adult parasites mate, and the
females produce newborn larvae that
leave the intestine and migrate through
the host circulatory system to striated
muscle tissue. There, the larvae
penetrate a muscle cell, modify it to
become a unique cyst, and mature to
become infective for another host. The
total time required for this to occur is
from 17 to 21 days. Adult males die
after mating, but adult females continue
to produce larvae in the host for several
weeks before they die and are expelled.
Once adult worms are expelled and
larvae reach and encyst in musculature,
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no further contamination can occur.
Animals that are infected with trichinae
are at least partially resistant to a
subsequent infection due to a strong and
persistent immunity.
Trichinae may be passed on to
humans who consume undercooked
meat infected with the encysted
parasite. Humans who are infected with
the parasite generally experience flulike symptoms, such as fever.
Trichinae has a longstanding
association with swine and pork
products, not only in the United States
but around the world. The concept that
many people have about the need to
cook pork thoroughly is based on the
risk of becoming infected with this
parasite. The historical problem of
trichinae infection in swine is the basis
for strict Federal regulations relating to
the methods used to prepare ready-toeat pork products.
Despite the historical problems of
trichinae and its association with the
pork industry, changes have occurred in
the last 50 years that have caused a
major decline in the prevalence of this
parasite in swine raised in the United
States.
Historically, trichinae infection in
swine was associated with feeding them
raw meat waste products. Major inroads
with respect to the reduced incidence of
trichinae infection occurred with the
advent of meat waste cooking laws in
response to vesicular exanthema (1953–
1954) and the hog cholera eradication
program (1962). Of equal importance
has been the movement to high levels of
biosecurity and hygiene under which
most U.S. swine are now raised as
producers increasingly use intensive
management systems in raising swine.
Despite the fact that trichinae is rare
in today’s U.S. swine industry, pork still
suffers from its historical association
with the parasite. Today, the trichinae
issue is a question of perception versus
reality. Human cases of trichinellosis
reported to the Centers for Disease
Control and Prevention declined from
about 500 per year in the 1940’s to fewer
than 50 per year over the last decade.
Further, many of these cases resulted
from non-pork sources such as bear and
other game meats. However, the
dramatic declines in the prevalence of
trichinae in U.S. swine and the
extremely low number of cases in
humans in the United States remain
largely unrecognized by consumers and
our trading partners.
Today, exposure of domestic swine to
trichinae is limited to just a few risk
factors that include: Consumption by
swine of uncooked meat waste products
contaminated with trichinae,
consumption of rodents or other
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wildlife infected with trichinae, and
cannibalism among swine within an
infected herd. Generally, the way that
swine become infected can be
determined by a simple evaluation of
farm management practices. Since it is
illegal to feed raw meat waste products
to swine, this particular source of
infection should never be an issue.
However, feeding of any raw or
undercooked meat scraps, including
table waste, does pose a risk. Of much
greater significance is the exposure of
swine to rodents and wildlife infected
with trichinae. Rodents, and rats in
particular, serve as a reservoir host for
trichinae infection. Rodents can pick up
infection from landfills, carrion, or even
dead swine. When rat populations are in
close proximity to swine, it is possible
that either live or dead rats will be
caught and eaten by the swine. If the rat
happens to be infected, then trichinae
infection will occur. The same type of
risk holds true for other small mammals.
Swine that have free range to browse
outdoors occasionally encounter
carcasses that they may consume. Small
mammals that have been shown to have
higher prevalence rates for trichinae
include raccoons, skunks, and
opossums. The risk of exposure of swine
to trichinae at the production site can be
greatly reduced, if not eliminated, by
taking the following steps:
• Do not feed uncooked waste
products, table scraps, or animal
carcasses to swine. This is particularly
important in the case of carcasses from
hunted or trapped wildlife.
• Eliminate or minimize the exposure
of swine to live wildlife. Create barriers
that are effective in separating swine
from skunks, raccoons, and other small
mammals.
• Implement and maintain an
effective rodent control program at the
pork production site. Biosecurity,
maintaining perimeters, baiting, and
trapping are all part of rodent control.
• Maintain good hygiene at the pork
production site. Remove dead swine as
soon as they are found. Keep barns free
from clutter and store feed securely.
Trichinae Control
Despite the relatively low prevalence
of trichinae in swine in many developed
countries, considerable energy goes into
preventing human exposure to this
parasite. There are a variety of ways in
which trichinae control is approached.
A number of countries require slaughter
testing of each carcass. In fact, for pork
exported to the European Union (EU),
packers in the United States test
carcasses using the same methods
employed by European meat inspectors.
While the need for such measures may
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no longer seem as immediate, given that
trichinae is almost nonexistent in U.S.produced pork, it is apparent that some
organized approach to demonstrating
product safety is still needed for
overseas markets. The following
discussion summarizes the potential
methods that are currently used for
trichinae control.
Slaughter Testing
Many countries require slaughter
testing of each carcass. Such testing is
largely a continuation of measures
implemented when trichinae was a
serious problem. In many countries,
slaughter inspection programs are
required.
Approved slaughter testing methods
for trichinae in swine include direct
methods for visualization of parasites.
Since it is not possible to see trichinae
cysts within meat tissue by macroscopic
examination, it is necessary to perform
one of several laboratory tests. The
oldest method, and one still frequently
used, is called the compression method.
Small pieces of pork collected from the
pillars (crus muscle or hanging
tenderloin) of the diaphragm are
compressed between two thick glass
slides (a compressorium) and examined
microscopically for the presence of
Trichinella spiralis larvae.
An improvement over the
compression method, and a method that
is now widely used in Europe, is the
pooled sample digestion method.
Samples of tissue collected from sites
where parasites concentrate, such as the
diaphragm, masseters, or tongue, are
subjected to digestion in acidified
pepsin. Larvae, which are freed from
their muscle cell cysts by this process,
are recovered by a series of settling
steps, then visualized and counted
under a microscope. Requirements for
performing the digestion test are found
in the Directives of the European
Economic Community, in the FSIS
regulations in 9 CFR 318.10(e), and in
various other publications.
Another method of testing swine for
trichinae infection is an indirect method
that looks for antibodies to the parasites
in swine sera, plasma, whole blood,
tissue fluid, or meat juice. The enzymelinked immunosorbent assay (ELISA)
method has been used extensively for
testing in both pre- and post-slaughter
applications and is an extremely useful
tool for determining or monitoring
trichinae infection in herds.
Where fresh pork is not routinely
tested for trichinae, as is the case in the
United States, alternative measures are
used to prevent exposure of humans to
potentially contaminated product.
These include processing methods such
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as cooking, freezing, irradiation, and
curing along with recommendations to
the consumer concerning the need for
thorough cooking.
In lieu of carcass testing or treatment
to show that swine or pork product is
not infected or contaminated, there are
still other means to ensure the safety of
the product. These include herd testing
to prove that trichinae infection is not
present in a particular geographical
region (i.e., certification by region) or
raising swine under prescribed
conditions that reduce, eliminate, or
avoid the risk of exposure of swine to
trichinae (i.e., certification of individual
pork production sites). In the former
case, considerable testing on a regular
basis is required to document the
absence of infection. In the latter case,
documentation of good production
practices is necessary to show that
swine have not had an opportunity to
become exposed to or infected with
trichinae.
Certification By Region
The basis for a regional approach to
certification is found in the Office
International des Epizooties (OIE)
International Animal Health Code.
(Recommendations relating to
Trichinellosis (Trichinella spiralis)
appear in Part 2, Article 2.2.9.3 of the
International Animal Health Code,
2001.) The OIE Code provides that
domestic swine in a country, or part of
the territory of a country, may be
considered free from trichinae based on
the following factors: Trichinellosis in
humans and animals must be reported;
there is an effective disease reporting
system in place that has proven to be
capable of capturing the occurrence of
cases; and it has been found that
trichinae infection does not exist in the
domestic swine population based on
regular testing of a statistically
significant sample of the population, or
trichinellosis has not been reported in 5
years and a surveillance program shows
that the disease is absent from wild
animal populations.
As noted previously, the United
States has an extremely low incidence
of trichinae infection in swine.
Although human trichinellosis is a
reportable disease, the United States has
no history of regular testing to
determine trichinae infection in swine,
nor do most States require the reporting
of trichinae infection in swine when
detected. Because a number of
countries, such as those in the EU,
require some form of testing for
trichinae, implementing a trichinae
control program in the United States
would remove certain obstacles faced by
exporters of U.S.-produced pork. One
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way to accomplish this goal within a
reasonable timeframe would be to
certify that herds were produced under
the requirements of the Trichinae
Certification Program and based on the
use of good production practices that
reduce, eliminate, or avoid the risk of
exposure of swine to trichinae infection.
Recent research efforts and pilot
studies involving APHIS, FSIS, USDA’s
Agricultural Marketing Service (AMS),
Agricultural Research Service (ARS),
and Cooperative State Research,
Education, and Extension Service
(CSREES), the National Pork Board, and
other private industry and packer
groups have led to the development of
a program for certification of swine from
pork production sites. Certification of
swine as produced under the
requirements of the Trichinae
Certification Program is contingent on
pork production sites following certain
good production practices that reduce,
eliminate, or avoid risk factors for the
transmission of trichinae to swine, as
well as systematic monitoring and
testing of the product at the slaughter
facility. The concept of risk
management for control of Trichinella
spiralis in the domestic swine
population is endorsed by the U.S.
Animal Health Association, the National
Institute for Animal Agriculture, and the
American Association of Swine
Veterinarians.
A program for the certification of pork
production sites that follow good
production practices incorporates many
of the principles of a Hazard Analysis
and Critical Control Points or ‘‘HACCP’’
system. The specific hazard is the risk
of exposure of swine to Trichinella
spiralis. The critical control points in
addressing this hazard, which are based
on a number of studies on the
epidemiology of trichinellosis and its
transmission to domestic swine, focus
on addressing those practices that
potentially allow swine to ingest raw or
undercooked meat waste products or
rodents or animal carcasses that contain
trichinae. The certification process in
this type of program encompasses the
following basic steps:
• Accredited veterinarians trained in
good production practices relative to
exposure to trichinae work with
producers to ensure that trichinae risk
factors are reduced, eliminated, or
avoided at pork production sites;
• The site audit performed by trained
USDA-accredited veterinarians serves as
a method to document that risks of
infection are eliminated or satisfactorily
controlled. Audits need to be done
periodically to ensure that good
production practices relative to
trichinae control remain in place;
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• On a regular basis, a statistically
valid sample of the total number of
swine from certified production sites is
tested at the slaughter facility laboratory
or some other onsite or offsite laboratory
using licensed or accepted testing
methods to verify the absence of
trichinae infection; and
• QVMOs perform random ‘‘spot
audits’’ of certified production sites to
ensure the overall integrity and
consistency of the program.
The regular site audit takes into
account those management practices
that affect the risk of exposure of swine
to trichinae, such as feed integrity (i.e.,
source and storage), building
construction and condition as it pertains
to biosecurity, integrity of rodent
control programs, and general
management and hygiene factors as they
pertain to rodent control, swine
cannibalism, and other issues. As a part
of the process of raising swine under
good production practices, the producer
needs to maintain certain records that
document its adherence to good
production practices, with those records
being verified in the site audit. The
producer also is responsible for
adhering to good production practices
between site audits.
A pilot program for the certification of
pork production sites as being produced
under the requirements of the Trichinae
Certification Program that involved the
above-mentioned agencies of USDA, as
well as private industry, was conducted
in Iowa, Minnesota, and South Dakota
in 1997 and 1998. The purpose of the
pilot program was to evaluate a processverification system for the production of
pork. An on-farm audit, consisting of 55
questions, was developed to identify
those risk factors that could expose
swine to Trichinella spiralis. The audit
was administered by USDA-trained
accredited veterinary practitioners at
198 pork production sites in the 3-State
area. All swine raised on sites where
audits were conducted were slaughtered
at a single packing plant and a sample
from each carcass was tested by the
pooled sample digestion and ELISA
methods. Few production sites met all
criteria established within the audit for
good production practices similar to
those proposed in this document. Most
of the deficiencies related to the absence
of a regular rodent control program
around and in swine production
facilities. However, it was determined
that more than 85 percent of these sites
could meet good production practice
criteria with minor improvements in
site management. From a total of
221,123 carcass samples tested from
farms audited during a 6-month period,
no trichinae-positive carcasses were
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detected by digestion or ELISA
methods. Based on the outcome of this
pilot program, an improved, more
succinct audit was developed with
objective measures for those good
production practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis. This
revised version of the site audit is
currently being used in a second pilot
program involving pork production sites
located in Colorado, Illinois, Iowa,
Minnesota, Missouri, Nebraska,
Oklahoma, and South Dakota that are
supplying swine to a slaughter facility
in Iowa.
This second pilot program began in
December of 2000. Pork product sites
were selected based on their willingness
to participate in the program. As of
December 2004, there were
approximately 125 sites participating in
the program. Program sites have
completed one or more official pilot
audits conducted by qualified
accredited veterinarians that indicate
the site is following certain good
production practices designed to
reduce, eliminate, or avoid the risk of
exposure of swine to Trichinella
spiralis. The slaughter facility in Iowa
has conducted verification testing on
swine carcasses from a statistically valid
sample of the participating sites that
have attained ‘‘certified’’ status. Close to
100 accredited veterinarians have also
been trained as site auditors during this
period.
The primary purpose of this second
pilot program is to verify the adequacy
of the selected good production
practices in minimizing, reducing, or
eliminating the risk of exposure of
swine to Trichinae spiralis, as well as to
confirm that the site audit and slaughter
plant sample testing protocols provide a
dependable means of verifying that good
production practices are being followed.
This second pilot program will continue
until rulemaking establishes the
Trichinae Certification Program.
Collaboration with AMS and FSIS
As previously stated, APHIS has
collaborated with FSIS and AMS,
among other entities, in developing a
program for certification of swine from
pork production sites. This
collaboration included the research
efforts of AMS as well as their
continuing role in training laboratory
technicians who work in slaughter
facilities on how to conduct trichinae
ELISA tests. FSIS has supported the
trichinae program through its research
efforts at the beginning of the pilot
program and its direct participation in
the program at federally inspected
slaughter facilities. Moreover, in a
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proposed rule published in the Federal
Register on February 27, 2001 (66 FR
12590–12635), FSIS, in proposing to
remove prescriptive trichinae treatment
requirements in favor of performance
standards, pointed to the program as
one means by which establishments that
produce pork products can ascertain
whether their suppliers have taken
measures to prevent trichinae infection
of their herds. In that document, FSIS
also discussed its role in verifying that
processors properly check status of pigs,
testing samples as required, and
maintaining adequate animal
identification and records under the
program. Both AMS and FSIS have been
important and willing partners in this
pilot program, and we expect this
collaboration to continue.
As a result of the cooperative research
efforts and pilot programs just
referenced, we are proposing to
establish regulations for a voluntary
Trichinae Certification Program to
appear as a new part 149 in 9 CFR
subchapter G of the regulations. The
current title of Subchapter G, ‘‘Poultry
Improvement’’, would be changed to
‘‘Livestock Improvement’’ to reflect that
the subchapter’s regulatory coverage
would now encompass animals other
than poultry. The proposed Trichinae
Certification Program would provide for
the certification of pork production sites
that follow certain prescribed
management practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis. In
addition to establishing a new part 149,
we also would make certain changes to
existing regulations in 9 CFR parts 160
and 161 covering the accreditation of
veterinarians that are needed for this
Trichinae Certification Program. The
full text of the proposed regulations
appears in the rule portion of this
document. Our discussion of the
proposed provisions follows.
Purpose and Scope
Proposed § 149.0 would provide that
the Trichinae Certification Program
described in part 149 is intended to
enhance the ability of swine producers,
as well as slaughter facilities and other
persons that handle or process swine
from pork production sites that have
been certified under the program, to
export fresh pork and pork products to
overseas markets. We would include
this statement in the regulations
because, although we recognize that
producers may wish to participate in the
program for domestic marketing
purposes, such uses would be outside
the scope of APHIS’ authority. Any
domestic marketing uses of the program,
such as the labeling of products, would
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have to be conducted in accordance
with the regulations of FSIS and AMS.
Definitions
Proposed § 149.1 would contain
definitions for the terms used in part
149.
We would define an accredited
veterinarian as a veterinarian approved
by the APHIS Administrator in
accordance with 9 CFR part 161 to
perform functions specified in 9 CFR,
chapter I, subchapters B, C, D, and G.
The term Agricultural Marketing
Service or AMS would refer to the
Agricultural Marketing Service of the
United States Department of
Agriculture, while the AMS
Administrator would refer to the
Administrator, Agricultural Marketing
Service, or any person authorized to act
for the AMS Administrator. An AMS
representative would be defined as any
individual employed by or acting as an
agent on behalf of the Agricultural
Marketing Service who is authorized by
the AMS Administrator to perform the
services required by proposed part 149.
The term Animal and Plant Health
Inspection Service or APHIS would refer
to the Animal and Plant Health
Inspection Service of the United States
Department of Agriculture.
An animal disposal plan would be
defined as a written document that
describes methods for the removal and
disposal of dead swine or swine remains
from a pork production site, while an
animal movement record would be
defined as a written record of the
movement of swine into or from a pork
production site.
The term APHIS Administrator refers
to the Administrator, Animal and Plant
Health Inspection Service, or any person
authorized to act for the APHIS
Administrator, while an APHIS
representative would refer to any
individual employed by or acting as an
agent on behalf of the Animal and Plant
Health Inspection Service who is
authorized by the APHIS Administrator
to perform the services required by
proposed part 149.
We would define an approved
laboratory as a non-Federal laboratory
approved by the Agricultural Marketing
Service and recognized by the APHIS
Administrator or FSIS Administrator for
performing validated tests to determine
the presence of trichinae infection in
reference to the Trichinae Certification
Program.
The term audit would be defined as
an inspection process, as provided in
proposed part 149, that generates a
written record documenting a pork
production site’s adherence to the
required good production practices.
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There would be two types of audits, a
site audit and a spot audit, both of
which are defined below. An auditor
would be defined as a qualified
accredited veterinarian (QAV) or a
qualified veterinary medical officer
(QVMO) who is trained and authorized
by APHIS to perform auditing activities
under the Trichinae Certification
Program.
The term certification or certified
would refer to the designation given by
the APHIS Administrator to a pork
production site that has been
determined to be in compliance with
the specific good production practices
and other program requirements of the
Trichinae Certification Program as
provided in part 149.
The term certified pork would refer to
pork or pork products originating from
certified swine from a certified
production site with identity of such
animals or carcasses maintained
throughout receiving, handling, and
processing.1
A certified production site would be
defined as a pork production site that
has attained a program status of Stage II
or higher based on adherence to good
production practices and other program
requirements as provided in proposed
part 149.
The term certified swine would refer
to swine produced under the Trichinae
Certification Program on a certified
production site.
The term decertification or decertified
would be defined as the removal of the
certified status of a production site by
the APHIS Administrator when it has
been determined that the criteria of the
Trichinae Certification Program are not
being met or maintained.
Enzyme-linked immunosorbent assay
or ELISA would refer to a method of
testing swine for the presence of
trichinae infection by looking for
antibodies to Trichinella spiralis in the
sera, plasma, whole blood, tissue fluid,
or meat juice of swine.
The term EPA would refer to the
United States Environmental Protection
Agency.
A feed mill quality assurance affidavit
would be defined as a written statement
signed by the feed mill representative
and the producer that documents the
quality and safety of feed or feed
ingredients delivered from the feed mill
to the pork production site.
Food Safety and Inspection Service or
FSIS would refer to the Food Safety and
Inspection Service of the United States
1 The labeling of all certified pork or pork
products leaving a slaughter or processing facility
must comply with 9 CFR 317.4 and all other
applicable FSIS labeling regulations.
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Department of Agriculture, while the
FSIS Administrator would refer to the
Administrator, Food Safety and
Inspection Service, or any person
authorized to act for the Administrator.
An FSIS program employee would be
defined as any individual employed by
or acting as an agent on behalf of the
Food Safety and Inspection Service who
is authorized by the FSIS Administrator
to perform the services required under
proposed part 149.
The term good manufacturing
practices would be defined as feed
manufacturing practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis, while
the term good production practices
would refer to pork production
management practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis.
The term harborage would be defined
as any object, debris, clutter, or area that
could serve as shelter or refuge for
rodents or wildlife.
We would define a laboratory
approval audit as an audit performed by
AMS representatives to determine if a
laboratory meets minimum
requirements for approval, as
established by AMS, for performing
validated tests under proposed part 149.
We would define National Trichinae
Certified Herd as all swine raised on
certified production sites in the United
States.
The term person would be defined as
any individual, corporation, company,
association, firm, partnership, society,
joint stock company, or other legal
entity.
A pest control operator refers to a
person trained and State-licensed in the
control of pests and vermin (particularly
rodents).
Pooled sample digestion method or
digestion method would refer to a
method of testing swine for trichinae
infection by identifying the presence of
Trichinella spiralis from a sample of the
animal’s muscle tissue.
We would define a pork production
site or site as a geographically definable
area that includes pork production
facilities and ancillary structures under
common ownership or management
systems and the surrounding space
within a 100-foot perimeter of the swine
housing and feeding areas.
The term positive test result would
mean the outcome of a validated test
indicating the presence of Trichinella
spiralis.
The term process-verification testing
would refer to the testing of a
statistically valid sample of swine
belonging to the National Trichinae
Certified Herd at the time of slaughter
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using a validated test to verify that the
adherence to good manufacturing
practices and good production practices
is resulting in the absence of Trichinella
spiralis infection in swine from that
herd.
We would define a producer as an
individual or entity that owns or
controls the production or management
of swine.
A qualified accredited veterinarian or
QAV would refer to an accredited
veterinarian who has been granted an
accreditation specialization by the
APHIS Administrator pursuant to 9 CFR
161.5 based on completion of an APHISapproved orientation or training
program in good production practices in
swine management, and who is
authorized by the APHIS Administrator
to perform site audits and other
specified program services required in
proposed part 149. A qualified
veterinary medical officer or QVMO
would refer to a VMO of the State or
Federal Government who is trained in
good production practices and is
authorized by the APHIS Administrator
to perform site audits, spot audits, and
other specified program services
required in proposed part 149.
The term rodent control logbook
would be defined as a written record
that documents a rodent control
program for a pork production site.
We would define a site audit as an
audit, performed by a QAV or a QVMO,
to determine the trichinae risk factor
status of a pork production site based on
the site’s adherence to all of the
required good production practices that
reduce, eliminate, or avoid the risk of
exposure of swine to Trichinella
spiralis.
The term slaughter facility would be
defined as a slaughtering establishment
operating under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or
a State meat inspection act that receives
certified swine under the Trichinae
Certification Program.
We would define the term slaughter
facility representative as any individual
employed by, or acting as an agent on
behalf of, a slaughter facility who is
authorized by the slaughter facility to
perform specified program services
required in proposed part 149.
A spot audit would refer to an audit
of a certified pork production site
performed by a QVMO to ensure
program integrity and consistency.
Pork production sites that are in the
Trichinae Certification Program would
be assigned a particular program status
as either a Stage I enrolled site, a Stage
II certified site, or a Stage III certified
site. The term Stage I enrolled would
refer to the preliminary program status
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of a pork production site attained when
the APHIS Administrator approves the
outcome of an initial site audit. We
would define the term Stage II certified
as that program status attained upon
APHIS approval of a site audit of a Stage
I enrolled site, while the term Stage III
certified would refer to program status
attained upon APHIS approval of a site
audit of a Stage II certified site and
maintained upon APHIS approval of
subsequent site audits for renewal of
Stage III certified status.
The term sterile zone would be
defined as an open area immediately
adjacent to and surrounding those
building(s) used to house and feed
swine that serves as both a buffer and
detection zone for rodent and wildlife
activity.
The term temporary withdrawal
would be defined as the voluntary
withdrawal of a certified production site
from the Trichinae Certification
Program at the request of the producer
for a period not to exceed 180 days.
Trichinae would be defined as a
generic term that refers to Trichinella
spiralis.
We would define Trichinae
Certification Program or program as a
voluntary pre-harvest pork safety
program in which APHIS certifies pork
production sites that follow all of the
required good production practices that
reduce, eliminate, or avoid the risk of
exposure of swine from their sites to
Trichinella spiralis.
The Trichinae Identification Number
or TIN would be a number assigned to
a pork production site by the APHIS
Administrator.
We would define the term Trichinella
spiralis as a parasitic nematode
(roundworm) capable of infecting many
warm-blooded carnivores and
omnivores, including swine.
The abbreviation USDA would refer
to the United States Department of
Agriculture.
The term validated test would be
defined as an analytical method
licensed by APHIS or accepted by AMS
for the diagnosis of Trichinella spiralis
in swine.
A veterinary medical officer or VMO
would be defined as a veterinarian
employed by the State or Federal
Government who is authorized to
perform official animal health activities
on their behalf.
We would define a waste feeding
logbook as a written record that
documents the presence of good
production practices with respect to the
feeding of meat-containing waste to
swine and compliance with applicable
State and Federal food waste feeding
laws and regulations.
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Program Participation
Proposed § 149.2 would provide
information on producer participation
in the trichinae certification program. A
producer’s initial enrollment and
continued participation in the program
would require that the producer adhere
to all of the required good production
practices, as confirmed by periodic site
audits, and comply with other
recordkeeping and program
requirements provided in proposed part
149. Pork production sites accepted into
the program by APHIS would
participate under one of the following
three program stages: Stage I enrolled,
Stage II certified, or Stage III certified.
Stage I Enrolled Status
Under proposed § 149.2(a), attaining
Stage I enrolled status would signify
that a pork production site has met all
of the required good production
practices and other recordkeeping and
program requirements provided in part
149. Although enrolled in the program,
Stage I enrolled sites would not be able
to identify their swine as products from
a certified production site. If a Stage I
enrolled site is found not to be adhering
to one or more good production
practices as a result of a site audit or a
spot audit, or fails to follow the
prescribed timetable for completing a
site audit and submitting the completed
audit form and payment for
consideration as a Stage II certified site,
it would lose its status as a Stage I
enrolled site. As provided in § 149.3(d),
the site audit must be performed no
sooner than 150 days from the date the
site was awarded Stage I enrolled status,
and must be completed, with the audit
form and payment submitted to APHIS,
no later than 210 days from the date the
site was awarded Stage I enrolled status.
Stage II Certified Status
Under proposed § 149.2(b), attaining
Stage II certified status would signify
that a pork production site is adhering
to all of the required good production
practices and complies with other
recordkeeping and program
requirements provided in part 149. An
APHIS-issued certificate or letter
indicating the site’s status as a Stage II
certified site would have to be filed at
the site and be readily available for
inspection. Once a site attains Stage II
certified status, it would then be able to
identify its swine as certified product
from a certified production site.
A Stage II certified site that is found
not to be adhering to one or more good
production practices as a result of a site
audit or a spot audit, or that fails to
follow the prescribed timetable for
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27661
completing a site audit and submitting
the completed audit form and payment
for consideration as a Stage III certified
site, would be decertified by APHIS and
would be ineligible to identify swine
from that site as certified product from
a certified production site. As provided
in § 149.3(e), a Stage II certified site
must complete a site audit for Stage III
certified status. Under § 149.3(e), the
site audit must be performed no sooner
than 240 days from the date the site was
awarded Stage II certified status, and
must be completed, with the audit form
and payment submitted to APHIS, no
later than 300 days from the date the
site was awarded Stage II certified
status. As further provided in § 149.2(e),
once a site is decertified, the producer
would have to repeat the process of
requesting a new site audit for Stage I
enrolled status. If a decertified site is
reenrolled after a successful Stage I site
audit, then a new program anniversary
date for that site would be established
based on the date of enrollment and the
site would be reinstated at Stage II
status.
Stage III Certified Status
Proposed § 149.2(c) would cover sites
attaining Stage III certified status. The
primary distinction between Stage II
and Stage III certified sites would be
that once a site is awarded Stage III
certified status, it would not be required
to undergo another site audit for
recertification for another 14 to 16
months. In contrast, a Stage II certified
site would have to undergo another site
audit 8 to 10 months after it receives its
Stage II certification. We would allow a
longer period to elapse between site
audits for Stage III sites based on their
record of already successfully
completing site audits at the Stage I and
Stage II program levels. All other
aspects of Stage III certification would
be the same as described above in the
discussion of Stage II certification.
Change in Ownership
Proposed § 149.2(d) would provide
the steps to be taken in the event there
is a change of ownership in a site
participating in the program. If there is
a change in ownership in a Stage I
enrolled site, and the new ownership
wishes to remain in the program, then
the Stage I enrolled site would continue
on the same timetable as under the
previous ownership for completing a
site audit for Stage II certified status. No
additional site audit would be required
as a result of the change of ownership
since another site audit would occur
anyway within 6 months or less if the
site intends to remain in the program.
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If there is a change of ownership in a
Stage II or Stage III certified site,
however, we would require that a site
audit be performed within 60 days of
the ownership change in order for the
site to maintain its certified status. If the
site audit is satisfactory, then the Stage
II or Stage III certified site would
continue in the program only as a Stage
II certified site. We would require a
Stage III certified site to revert to Stage
II certified status after a change in
ownership so that the site would have
another site audit within 1 year’s time.
This would provide us with greater
assurances that the new ownership is
adhering to the good production
practices. A new program anniversary
date for purposes of performing future
audits would be established based on
the date the site was audited to continue
in the program as a Stage II certified
site.
If the results of a site audit following
a change in ownership are not
satisfactory, then the site would be
decertified by APHIS. Should the
producer wish to participate in the
program once again, he or she would
have to request a new site audit for
Stage I enrolled status once the
particular deficiencies have been
resolved. If a site is decertified by
APHIS, but is reenrolled after a
successful Stage I site audit, then a new
program anniversary date for the site
would be established based on the date
of reenrollment.
Site Decertification and Program
Withdrawal
Proposed § 149.2(e) would cover site
decertification by APHIS, as well as
voluntary site decertification and
voluntary program withdrawal initiated
by the producer.
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Decertification by APHIS
In proposed § 149.2(e)(1), a Stage II or
Stage III certified site that is found not
to be adhering to one or more good
production practices as a result of a site
audit or a spot audit, or that fails to
follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment
to continue participation in the
program, would be decertified by
APHIS. Once a site is decertified, swine
from that site could not be identified as
certified product from a certified
production site. In order to participate
in the program once again, the producer
would have to follow the procedures for
requesting an initial site audit for Stage
I enrolled status. If a decertified site is
reenrolled after a successful Stage II site
audit, then a new program anniversary
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date for that site would be established
based on the date of reenrollment.
Temporary Withdrawal by Producer
Proposed § 149.2(e)(2) would provide
that a producer may request that one or
more of their certified production sites
be temporarily withdrawn from the
program. A producer might choose this
option because he or she foresees not
having access to animals from certified
sources on a temporary basis. A
producer’s request to have a site
temporarily withdrawn would have to
be made in writing and would be
subject to the APHIS Administrator’s
approval. Each site could be temporarily
withdrawn no more than once every 2
years for a period not to exceed 180
days.
While a site is temporarily
withdrawn, the producer could not
identify swine from that site as certified
product from a certified production site.
However, the producer would still have
to adhere to all good production
practices and other program
requirements while the site is
temporarily withdrawn, unless
specifically waived by the
Administrator. This would include
providing documentation in the animal
movement record of the arrival and
departure of all swine from the site, as
well as whether the swine arriving at
the site are from certified or noncertified
sources.
Before being reinstated as a certified
production site, the temporarily
withdrawn site would have to pass a
site audit to indicate that it is adhering
to all good production practices
(including any practices previously
waived by the Administrator). If swine
5 weeks of age or older originating from
noncertified sources are received at the
site during the time of withdrawal, then
the site audit would have to be
performed within 30 days of the date
the last swine from noncertified sources
was removed from the site, but no later
than 180 days from the date the site was
granted temporarily withdrawn status. If
the site audit is satisfactory and it is
determined that the site is adhering to
good production practices and other
program requirements, then the site
would be reinstated as a Stage II
certified site (regardless of the site’s
previous status as a Stage II or Stage III
certified site). The timetable for
performing future site audits for
attaining and renewing Stage III
certified status would be based on the
date the site was reinstated as a Stage II
certified site.
If the site audit for reinstatement as a
certified production site is not
satisfactory due to the producer’s failure
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to adhere to one or more good
production practices, or if the period of
temporary withdrawal has exceeded 180
days, then the site would be decertified
by APHIS. Once the site is withdrawn
by APHIS, the producer would have to
request an initial site audit for Stage I
enrolled status in order for the site to be
reenrolled in the program. If a site is
withdrawn by APHIS and then
reenrolled after a successful Stage I site
audit, then a new program anniversary
date for that site would be established
based on the date of reenrollment as a
Stage I enrolled site.
Program Withdrawal
Under proposed § 149.2(e)(3), if a
producer decides to withdraw one or
more pork production sites from the
program, then the producer would have
to notify the APHIS Administrator in
writing of this intent. Once this is done,
the site would be removed from the
program. If at a later date the producer
requests that the site be reinstated in the
program, then the producer would have
to follow the procedures for requesting
an initial audit for Stage I enrolled
status. If the site is reenrolled after a
successful Stage I site audit, then a new
program anniversary date for that site
would be established based on the date
of reenrollment.
Request for Review
Under proposed § 149.2(f), if there is
a conflict as to any material fact relating
to the results of a site audit, spot audit,
or other determination affecting a
producer’s program status or ability to
participate in the program, the producer
may submit a written request for review
to the APHIS Administrator. The
producer would have to include in the
request the reasons, including any
supporting documentation, why the
audit result or other determination
should be different than the result or
determination made by the
Administrator. The initial audit result or
other determination would remain in
force pending the completion of the
Administrator’s review. The decision by
the Administrator upon reviewing the
producer’s written request would be
final.
Site Audit
Proposed § 149.3 would contain more
specific information on performing site
audits. Proposed § 149.3 also would
describe all of the required good
production practices that would be the
primary basis for determining whether a
site can participate in the program.
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General
Proposed § 149.3(a) would set forth
the procedures for arranging and
performing a site audit, as well as the
process for providing notification of the
audit results. This paragraph would
apply to sites seeking status as a Stage
I enrolled or a Stage II certified site, as
well as sites seeking or renewing their
status as a Stage III certified site.
The producer would be responsible
for contacting a QAV to request a site
audit. A list of available QAVs could be
obtained by accessing the Trichinae
Certification Program Web site on the
Internet at https://www.aphis.usda.gov/
vs/trichinae, or by contacting the APHIS
area office. Telephone numbers for
APHIS area offices can be found in local
telephone books or on the Internet at
https://www.aphis.usda.gov/vs/
area_offices.htm. If a QAV is not
available to perform a site audit, the
producer could then contact the APHIS
area office to request that a QVMO
perform the site audit. The site audit
would be arranged at a mutually agreedupon time. We also would require that
the producer or the producer’s
designated representative accompany
the auditor during the site audit.
While performing the site audit, the
auditor would record whether the
producer is adhering to good production
practices at the site, as discussed below
in proposed § 149.3(b), that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis. In
performing the site audit, the auditor
would use APHIS-approved audit forms.
Once the auditor has completed all
sections of the audit form, the producer
or the producer’s designated
representative would have to sign the
audit form attesting to the accuracy of
the information obtained during the site
audit. The producer’s signature also
would evidence his or her intent to
continue adhering to the good
production practices and other program
requirements. The auditor also would
sign the audit form at this time.
The producer would be responsible
for the cost of each site audit performed
at the pork production site. If a QAV
performs the site audit, then the
producer would pay the QAV directly at
a mutually agreed-upon time and rate. If
a QVMO performs the site audit, then
the producer would pay the QVMO at
the time the site audit is performed in
accordance with the rate and other
conditions set by the QVMO’s
governmental employer. In the case of a
site audit performed by a QVMO
employed by APHIS, the producer
would pay APHIS by certified check or
U.S. money order for this service at a
rate determined in accordance with
proposed § 149.8.
In addition to the cost of the site
audit, the producer also would have to
27663
pay a separate fee, as specified in
proposed § 149.8, to cover APHIS’
administrative costs in processing the
audit and operating the program. We are
proposing a program fee of $51, payable
to APHIS by certified check or U.S.
money order, to be remitted to the
auditor at the time each site audit is
performed. To arrive at the program fee
of $51, APHIS examined costs
associated with the pilot program and
itemized those costs based on 127
applications processed during the pilot
program.2
The basic steps in the calculation for
each particular service are: (1) Calculate
direct labor costs by determining the
average amount of direct labor required
to perform the service and multiply the
average direct labor hours by the
average salary and benefit costs for
employees; (2) calculate the pro rata
share of administrative support costs;
(3) determine the premium costs (if
any); (4) calculate the pro rata share of
agency overhead and departmental
charges, respectively, including the
salary of the National Coordinator; (5)
add all costs; and (6) round up to the
next $0.25 for all fees less than $10 or
round up or down to the nearest dollar
for all fees greater than $10. Table 1
below shows how APHIS arrived at this
rate.
TABLE 1.—COSTS CONSIDERED IN ARRIVING AT THE $51 PROGRAM FEE
[Based on 127 applications processed]
Hourly salary (FY 05)
Benefits
@24.26%
Direct Labor:
Area Epidemiology Officer 2 ......................................................................................
Clerk 3 .......................................................................................................................
Inspector 4 .................................................................................................................
Total direct labor costs ......................................................................................
13.23
71.44
25.40
....................
$42.55
16.29
29.63
....................
$10.32
3.95
7.19
....................
$699.58
1,445.77
935.18
3,080.53
Support costs at 62.31% ..........................................................................................
....................
....................
....................
1,919.47
Subtotal .............................................................................................................
Agency overhead at 16.15% ....................................................................................
....................
....................
....................
....................
....................
....................
5,000.00
807.50
Subtotal .............................................................................................................
Departmental charges at 4.57% ...............................................................................
....................
....................
....................
....................
....................
....................
5,807.50
265.40
Subtotal .............................................................................................................
Reserve component .................................................................................................
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Number of
hours
Direct labor
costs
....................
....................
....................
....................
....................
....................
6,072.90
303.64
Total full cost for processing 127 applications ..................................................
Full cost per application ...........................................................................................
Full cost per application, rounded up to the nearest whole dollar ...........................
....................
....................
....................
....................
....................
....................
....................
....................
....................
6,376.54
50.21
$51.00
2 Includes time to review the application, compare to standards, identify any nonconformities, call the auditor (if necessary), approve/deny application, and sign.
3 GS 5/step 5 clerk (includes time to process and file paperwork, identify auditing veterinarian, and perform data entry).
4 GS 11/step 5 inspector (includes time for spot audits).
2 FSIS and AMS would not charge any additional
program fees for the site audit, however, FSIS does
charge $15 for export certificates.
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The auditor will submit the
completed audit form, program fee, and
payment for services (if the auditor was
an APHIS-employed QVMO) to the
nearest APHIS area office. If a QAV
performs the site audit rather than a
QVMO, the QAV will submit the
completed audit form and program fee
to APHIS in a timely manner.
Upon receipt of the completed audit
form and payment, APHIS would
evaluate the site audit and provide the
producer with written notification of the
audit results. A pork production site
found to meet all good production
practices and other program
requirements would be issued program
status at the appropriate program stage.
If the audit shows that the site does not
meet all good production practices or
other program requirements, APHIS
would provide the producer with
written notification that would include
documentation of the deficiencies that
prevented the site from being conferred
program status. It would be the
producer’s responsibility to work with a
veterinarian or other consultants to
correct those deficiencies should the
producer seek to enroll in the program
at a later time.
Good Production Practices
Proposed § 149.3(b) would set forth
all of the required good production
practices that producers would have to
adhere to in order to participate in the
program. As discussed previously, these
good production practices are designed
to reduce, eliminate, or avoid those risk
factors involving the exposure of swine
to Trichinella spiralis. The good
production practices would be as
follows:
• The movement of all non-breeding
swine 5 weeks of age or older into or
from the pork production site would
have to be documented in an animal
movement record, as provided in
proposed § 149.7, that ensures that all
such swine moved into or from the site
can be subsequently traced back to that
site, or to any previous site (if
applicable). Additional information
relating to the animal movement record
is provided below under the heading
‘‘Recordkeeping at Site.’’
• All non-breeding swine entering a
site would have to have originated from
another certified production site, except
that non-breeding swine less than 5
weeks of age may have originated from
a certified or noncertified production
site. We would provide this exception
because swine less than 5 weeks of age
do not as yet eat solid food, and
therefore do not present a risk of
ingesting the Trichinella spiralis
parasite through infected food sources.
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The animal movement record would
have to include the TIN of the certified
production site from which the swine
originated. If the swine are less than 5
weeks of age and come from a
noncertified site, then the animal
movement record would have to
provide the name and full address of the
noncertified site where the swine
originated.
• Feed or feed ingredients from offsite
sources that are used at the site would
have to meet all good manufacturing
practices or other quality assurance
standards recognized by the feed
industry. The adherence to good
manufacturing practices or other quality
assurance standards would have to be
documented in a feed mill quality
assurance affidavit. Additional
information relating to the feed mill
quality assurance affidavit is provided
below under the heading
‘‘Recordkeeping at Site.’’
• Swine housing and feeding areas,
feed preparation and storage areas, and
office areas and connecting hallways at
the site would have to be inspected
regularly and found free of fresh signs
of rodent and wildlife activity. Any
movable rodent harborage (exterior or
interior) on the site that is not necessary
to the day-to-day operation of the site
would have to be removed. Harborage
that cannot be removed or is movable
but necessary to the day-to-day
operation of the site (e.g., bales of hay,
etc.) would have to be checked for signs
of rodent or wildlife activity. In
addition, domesticated animals,
including pets such as dogs and cats,
would have to be excluded from the
swine housing and feeding areas and
feed preparation and storage areas at the
site. Evidence of rodent activity or
rodent infestation would consist of fresh
rodent droppings, fresh gnawing marks,
new structural damage, rodent urine,
rodent blood, rodent smear marks (body
oil), rodent tracks, or recent burrowing
or burrow use. Evidence of wildlife
activity would consist of wildlife feces,
footprints, fur, or hair observed in or
near the stored feed or feed ingredients,
dead or live wildlife observed in or near
the stored feed or feed ingredients, or
wildlife burrows or nests observed in or
near the stored feed or feed ingredients.
Exterior rodent bait stations and/or traps
would have to be placed around the
perimeter of those building(s) housing
the swine, as well as around the
perimeter of outdoor swine feeding
areas. Exterior rodent bait stations and/
or traps also would have to be placed
around areas of potential rodent entry
into building(s) used to house and feed
swine (i.e., doorways, vent openings,
loading chutes, cool cells, etc.). Interior
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rodent bait stations and/or traps would
have to be placed near high-risk rodent
zones such as entryways, hallways,
office areas, swine load out areas, vents,
cool cells, storage areas, utility rooms,
cabinets, locker rooms, bathrooms, and
break rooms. Interior rodent bait
stations and/or traps would have to
placed so that swine would not come in
contact with the bait or trap. Rodent bait
stations and/or traps also would need to
be placed near exterior or interior
harborage on the site that cannot be
removed or that is movable but
necessary to the day-to-day operation of
the site. In all instances, rodent bait
stations would have to be intact,
systematically maintained, and contain
fresh bait that consists of an EPAregistered rodenticide formulation that
is applied according to its label. In
addition, a sterile zone would have to be
maintained around the perimeter of
those building(s) used to house and feed
swine. The sterile zone would have to
be devoid of harborage or feed or water
sources that could attract rodents or
wildlife, but would have to contain
rodent bait stations and/or rodent traps.
The sterile zone also would have to be
devoid of any vegetation unless it is
decorative vegetation that is well
maintained (i.e., residential height grass,
flowers, shrubs, or trees). A sterile zone
with decorative vegetation would
require increased rodent control
measures. The producer would need to
provide documentation of rodent
control practices, as described above, by
maintaining at the site an up-to-date
rodent control logbook with a site
diagram and other recordkeeping
evidencing implementation of rodent
control measures, which could include
documents provided by a pest control
operator, as provided in proposed
§ 149.7. Additional information relating
to the rodent control logbook is
provided below under the heading
‘‘Recordkeeping at Site.’’
• Feed or feed ingredients stored at
the site would have to be prepared,
maintained, and handled in a manner
that protects the feed or feed ingredients
from possible exposure to or
contamination by rodents or wildlife.
Any movable harborage in the
immediate vicinity of feed production
and feed storage areas that is not
necessary to the day-to-day operation of
the site would have to be removed.
Harborage that cannot be removed or
harborage that is movable but necessary
to the day-to-day operation of the site
(e.g., bales of hay, etc.) would have to
be checked for signs of rodent or
wildlife activity. Rodent bait stations
and/or traps would need to be placed
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around (and in, if applicable) all feed
preparation and storage areas, as well
near any harborage in the vicinity that
cannot be removed or that is movable
but necessary to the day-to-day
operation of the site. Rodent bait
stations would have to be intact,
systematically maintained, and contain
fresh bait that consists of an EPAregistered rodenticide formulation that
is applied according to its label. In
addition, feed or feed ingredients that
are stored in paper bags would have to
be elevated off the floor and be a
sufficient distance away from the walls
to allow for inspection, baiting, and/or
trapping. The rodent control logbook, as
provided in § 149.7, would have to
document that adequate rodent control
procedures have been implemented in
the feed production and feed storage
areas.
• Swine could not have access to
wildlife harborage or dead or live
wildlife at the site. Wildlife harborage
would include wood or wooded lots and
other natural areas where wildlife
would have access. Dead or live wildlife
could not be intentionally fed to swine.
• If meat-containing waste is fed to
swine at the site, then the producer
would have to hold a license or permit
that authorizes the feeding of such
waste. Cooking times and temperatures
of meat-containing waste to be fed to
swine would have to be consistent with
applicable State and Federal laws and
regulations. In addition, up-to-date
records of waste feeding and cooking
practices, in the form of a waste feeding
logbook provided for in proposed
§ 149.7, would have to be maintained at
the site. Cooked food waste products
that are stored prior to feeding could not
be mixed or contaminated with
uncooked or undercooked meat waste
material. Household food waste,
regardless of whether it contains meat or
is cooked or undercooked, also could
not be fed to swine. We include this last
requirement as another measure to
prevent the attraction of rodents or
wildlife to the site. Additional
information relating to the waste feeding
logbook is provided below under the
heading ‘‘Recordkeeping at Site.’’
(The Swine Health Protection Act
[SHPA, 7 U.S.C. 3801–3813] was
enacted in 1980 to prevent the
introduction of foreign animal diseases
to U.S. domestic swine populations as a
result of being fed raw or improperly
treated food waste of animal origin.
APHIS’ regulations promulgated under
the SHPA in 9 CFR part 166 require the
following: Persons must have a license
to feed waste materials, food waste
products must undergo proper heat
treatment prior to being fed to swine,
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facilities and animals are subject to
periodic inspection, and records must
be maintained with respect to the
removal of all treated and untreated
garbage from the licensee’s premises.
The Federal laws and regulations
establish a minimum set of standards to
be followed. States are free to set more
stringent standards [which a number of
States have done], including the
prohibition of feeding of food waste
materials to swine altogether.)
• The site would need to have in
place procedures that are carried out
with regard to the prompt removal and
proper disposal of dead swine and
swine remains found in pens. We would
require this practice to eliminate the
opportunity for cannibalism among
swine, as well as to prevent the
attraction of rodents or wildlife. Such
procedures would have to be
documented in the animal disposal
plan, as provided in proposed § 149.7.
Additional information relating to the
animal disposal plan is provided below
under the heading ‘‘Recordkeeping at
Site.’’
• General hygiene and sanitation of
the pork production site would have to
be maintained at all times to prevent the
attraction of rodents and wildlife. We
would require that solid non-fecal waste
(facility refuse) be placed in covered
receptacles and be regularly removed
from the site. We also would require
that spilled feed be regularly removed
and properly disposed of.
• All records required under
proposed § 149.7 would have to be kept
up-to-date and readily available for
inspection at the site. Additional
information relating to producer
recordkeeping requirements is provided
below under the heading
‘‘Recordkeeping at Site.’’
Initial Site Audit for Stage I Enrolled
Status
Proposed § 149.3(c) would cover the
steps for producers seeking to enroll
their pork production site in the
program. Interested producers should
first request and review a pre-audit
information packet prepared by APHIS
that discusses the program, as well as
the steps in preparing for and requesting
an initial site audit. The pre-audit
information packet could be obtained
from a QAV, State or Federal animal
health offices, or the National Pork
Board, or by writing to: USDA, APHIS,
Veterinary Services, Trichinae
Certification Program, 210 Walnut St.,
Room 891, Des Moines, IA 50309.
When the producer and the
producer’s herd health personnel
believe that the site meets program
standards, the producer then should
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arrange for an initial site audit, as
discussed above under proposed
§ 149.3(a). Upon completion of the
initial site audit and submission of the
completed audit form and payment,
APHIS would make a determination as
to program enrollment within 30 days of
receipt of the audit form. A pork
production site that is found to meet all
good production practices and other
program requirements would be
awarded Stage I enrolled status.
Site Audit for Stage II Certified Status
Proposed § 149.3(d) would cover the
steps for a Stage I enrolled site to
advance in the program as a Stage II
certified site. The site audit would have
to be performed no sooner than 150
days (i.e., approximately 5 months) from
the date the site was awarded Stage I
enrolled status, and would have to be
completed, with the audit form and
payment submitted to APHIS, no later
than 210 days (i.e., approximately 7
months) from the date the site was
awarded Stage I enrolled status. APHIS
would make a determination on
whether to certify the site within 7 days
of receiving the completed audit form
and payment. We would provide this
expedited review for sites seeking status
as Stage II certified sites so that
producers could start identifying their
animals as certified swine, assuming
that the Stage I enrolled site is found to
meet all good production practices and
other program requirements and is
awarded Stage II certified status.
A Stage I enrolled site that is found
during a site audit not to be adhering to
one or more good production practices,
or that fails to follow the prescribed
timetable for completing a site audit and
submitting the completed audit form
and payment, would not be awarded
Stage II certified status and would lose
its program status as a Stage I enrolled
site.
Site Audit for Stage III Certified Status
Proposed § 149.3(e) would cover the
steps for a Stage II certified site to
advance to Stage III certified site status.
The site audit would have to be
performed no sooner than 240 days (i.e.,
approximately 8 months) from the date
the site was awarded Stage II certified
status, and would have to be completed,
with the audit form and payment
submitted to APHIS, no later than 300
days (i.e., approximately 10 months)
from the date the site was awarded
Stage II certified status. APHIS would
review the completed audit form and
make a determination as to Stage III
certified status within 30 days of receipt
of the audit form and payment.
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A Stage II certified site that is found
to meet all good production practices
and other program requirements would
be awarded Stage III certified status. If
a Stage II certified site is found during
a site audit not to be adhering to one or
more good production practices, or fails
to follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment,
then the site would be subject to
decertification by APHIS as provided in
proposed § 149.2(e).
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Site Audit for Renewal of Stage III
Certified Status
Proposed § 149.3(f) would cover the
steps for Stage III certified sites seeking
to renew their program status as a Stage
III site. The site audit would have to be
performed no sooner than 14 months
from the date the site was awarded
Stage III certified status or the date that
status was last renewed, and would
have to be completed, with the audit
form and payment submitted to APHIS,
no later than 16 months from either the
date the site was awarded Stage III
certified status or the date that status
was last renewed. APHIS would review
the completed audit form and make a
determination as to the site’s continued
status as a Stage III certified site within
30 days of receipt of the audit form and
payment.
A Stage III certified site that is found
to meet all good production practices
and other program requirements would
have its status as a Stage III certified site
renewed. If a Stage III certified site is
found during a site audit not to be
adhering to one or more good
production practices, or fails to follow
the prescribed timetable for completing
a site audit and submitting the
completed audit form and payment,
then the site would be subject to
decertification by APHIS as provided in
proposed § 149.2(e).
Spot Audit
In addition to regularly scheduled site
audits, certified production sites also
would be subject to spot audits. Spot
audits, including random spot audit and
spot audits for cause, would be covered
in proposed § 149.4.
The APHIS Administrator would
select certified production sites at
random for a spot audit in order to:
• Ensure the integrity of the auditing
process;
• Verify that the audit process is
performed in a consistent manner across
the program; and
• Verify that all required good
production practices are being
maintained between regularly
scheduled site audits.
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A certified production site also could
be subject to a spot audit for cause to
trace back and investigate any positive
test results based on testing of certified
swine from that site at the slaughter
facility.
All spot audits would be performed
by a QVMO at no cost to the producer.
APHIS would provide the producer
with written notification of the results
of the spot audit, including
documentation of any deficiencies
noted during the audit. If the site is
found not to be adhering to one or more
good production practices, then the site
would be subject to decertification by
APHIS as provided in proposed
§ 149.2(e).
Offsite Identification and Segregation of
Certified Swine
Under proposed § 149.5, certified
swine moved from the certified
production site to another location,
whether to another certified production
site, buying station, collection point, or
slaughter facility, would have to remain
segregated from noncertified swine at all
times, and otherwise maintain their
identity as certified swine in such a way
that they could be readily traced back to
the certified production site from which
they came. Information relating to the
identification of the certified swine
would have to be documented in the
animal movement record maintained by
the producer. Failure to properly
segregate or maintain the identity of
certified swine from noncertified swine
after leaving the certified production
site would result in the loss of certified
status for that shipment of swine. We
would leave it up to producers or other
handlers to determine how they wish to
segregate the certified swine and
otherwise maintain their identity as
certified swine throughout the
marketing process.
Slaughter Facilities
Proposed § 149.6 would cover the
program responsibilities of participating
slaughter facilities in regard to the
verification, segregation, testing, and
recordkeeping of swine from certified
production sites. Participating slaughter
facilities that fail to comply with any of
the applicable requirements of § 149.6
would not be allowed to continue
participating in the program and no
pork or pork products will be issued a
certificate of export that identifies the
product as being from the Trichinae
Certification Program unless all
requirements of this section are
followed. This would not preclude,
however, FSIS from issuing an export
certificate for those products if they
were to be instead sent to a country that
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did not require certifications with
respect to trichinae or if the products
were subsequently frozen in order to
meet an importing country’s
requirements in that way. FSIS would
provide general oversight to verify that
these functions are being carried out
properly, while AMS would specifically
oversee the laboratory approval and
ongoing performance of laboratories that
perform process-verification testing
under this program. FSIS would issue
instructions to slaughter facilities
relating to program requirements at the
time any final rule implementing the
program described in this proposed rule
is published. Further information with
regard to laboratory approval
requirements would be available from
AMS as discussed under ‘‘ProcessVerification Testing of Certified Swine.’’
Verification of Certification
Proposed § 149.6(a) would require
that a slaughter facility receiving
certified swine verify the current
certification status of the pork
production site from which the animals
came. The slaughter facility could verify
the current certification status of
individual sites by maintaining dated
certification documentation on file. The
current certification status of individual
sites also would be available on the
Trichinae Certification Program Web
site on the Internet at https://
www.aphis.usda.gov/vs/trichinae. If the
slaughter facility is unable to verify a
site’s certification status through
documentation on file or through the
program Web site, the slaughter facility
then should contact the APHIS area
office in the State where the site is
located.
Maintaining Identity and Segregation of
Certified Swine and Pork Products
Proposed § 149.6(b) would require
that in order for a slaughter facility to
identify product as certified pork, the
certified swine and edible pork products
derived from certified swine would
have to remain segregated from swine
and edible pork products from
noncertified sites throughout receiving,
handling, and processing at the facility,
as well as while awaiting shipment from
the facility. The slaughter facility also
would have to maintain the identity of
the certified swine or pork in a manner
that would allow the swine or pork to
be traced back to the certified
production site from which it came. A
slaughter facility’s failure to properly
segregate or maintain the identity of
certified swine and edible pork products
derived from the certified swine would
result in the loss of certified status for
that shipment of swine, as well as the
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edible pork products derived from those
animals. It would be up to the slaughter
facility to determine how it wishes to
segregate and properly maintain the
identity of certified swine and edible
pork products derived from certified
swine in its control. It is recommended
that certified swine be processed in
groups either at the beginning or at the
end of the day or on separate days from
noncertified animals.
Process-Verification Testing of Certified
Swine
Proposed § 149.6(c) would require
slaughter facilities handling and
processing certified swine from certified
production sites to carry out processverification testing at their expense in
order to determine the Trichinella
spiralis infection status of those
animals. Under proposed § 149.6(c)(1),
process-verification testing would have
to be performed by using a validated
test. This would include any test
licensed by APHIS, such as those using
the ELISA method, or otherwise
accepted by AMS, such as the pooled
sample digestion method. A copy of the
testing methods and checklist for
conducting validated tests would be
available by contacting the Trichinae
Program Manager, USDA, AMS, Science
and Technology, Technical Services
Branch, 1400 Independence Avenue
SW., Mail Stop 0272, Washington, DC
20250–0272; or by telephone at (202)
690–0621.
In proposed § 149.6(c)(2) we would
require that such testing be performed
in an approved laboratory that has been
approved for trichinae testing by AMS.
In addition to providing services
relating to initial laboratory approval,
AMS would monitor the ongoing
performance and proficiency of
laboratories that perform processverification testing under the program.
The approved laboratory could be
maintained and operated by the
slaughter facility or by another business
entity either on the premises of the
slaughter facility or at another location.
We would require that the laboratory
staff performing the process-verification
testing be approved by AMS. Once
approved, laboratory staff performing
this particular testing function would be
subject to periodic proficiency test
panels from AMS that would have to be
analyzed correctly in order to maintain
their approved status. This periodic
proficiency testing would be done for
purposes of quality assurance. Further
information on approved laboratory
requirements, including any annual
certification fee information, could be
obtained by contacting the AMS
Trichinae Program Manager.
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Proposed § 149.6(c)(3) would cover
the requirements for process-verification
testing relating to sample size and
testing frequency. We would require
that process-verification testing be
performed in accordance with the
following minimum standards relating
to sample size and frequency:
• Slaughter facility officials would
need to determine the yearly processing
capacity of the slaughter facility over
the next 12 months. Officials could use
the processing capacity during the past
12 months if the past 12 months were
representative of a typical year.
• Slaughter facility officials would
have to estimate the percentage of swine
processed that would likely come from
certified production sites considering all
swine expected to be processed during
the selected 12-month period. Swine
that come from certified production
sites would be considered the eligible
population to be sampled.
• Slaughter facility officials would
then need to use the Trichinae
Certification Slaughter Facility Sample
Size Determination Table to determine
the number of samples to collect from
the population of swine from certified
production sites. If the eligible
population is not shown in the table, the
next largest number would be used to
determine the number of samples to
collect. Slaughter facility officials would
select from the table the number of
samples to collect from the column that
reflects a 99 percent confidence level of
detecting a positive carcass in the
population. The number selected would
represent the total number of samples
that slaughter facility officials would
have to collect and test per year and per
month during the selected 12-month
period.
• We would require that for each
sample collected, slaughter facility
officials would have to maintain the
identity of the sample using the TIN of
the certified production site that was the
source of the swine from which the
sample was taken.
• FSIS program employees at the
slaughter facility would review and
verify that an adequate number of
samples have been collected and proper
frequency of collection is maintained.
FSIS would report this information to
APHIS.
• AMS representatives would verify
through a laboratory approval audit that
the laboratory performing processverification testing is correctly following
written procedures relating to the
receipt, handling, identification, and
testing of samples. These written
procedures would have to be
maintained by the laboratory in a
quality assurance manual, as explained
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below under proposed § 149.6(c)(6). In
addition, a laboratory that performs
process-verification testing at a location
other than the slaughter facility would
have to include a declaration of
methodology used to test samples when
providing test results.
• The APHIS Administrator may also,
at APHIS’ expense, periodically request
the testing of swine brought to the
slaughter facility from specific certified
production sites. Requests to test swine
from specific certified production sites
would count towards the slaughter
facility’s total monthly testing
requirement.
Proposed § 149.6(c)(4) would cover
the requirements with regard to the
handling of test results. We would
require that the results of processverification testing of certified swine
handled at the slaughter facility be
retained in a separate file or notebook as
written records at the slaughter facility
and be readily available for inspection
by FSIS program employees. FSIS also
would report to APHIS the results of all
process-verification testing.
In the event of a positive test result,
the slaughter facility representative
would have to immediately notify the
FSIS program employee designated by
the FSIS Administrator, who in turn
would report the TIN of the certified
production site that was the source of
the swine from which the sample was
taken and the test results of the affected
sample to the respective APHIS area
office. The following sequence of events
would take place following a positive
test result:
• If a test sample is found positive
based on the digestion method, then the
certified production site that was the
source of the swine from which the
sample was taken would be decertified.
• If a test sample is found positive
based on an ELISA test method, and is
confirmed positive by further testing
using the digestion method, then the
certified production site that was the
source of the swine from which the
sample was taken would be decertified.
• If a test sample is found positive
based on an ELISA test method, but is
not confirmed positive by further testing
using the digestion method, then the
certified production site that was the
source of the swine from which the
sample was taken would be investigated
by APHIS personnel. The investigation
may include a spot audit of the affected
site. Additional testing also may be
performed. This investigation would
determine if the production facility has
sufficient safeguards and is following
good production practices. While a
certified production site is under
investigation, the site’s program status
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as a certified production site would be
suspended. While a site is under
suspension, the producer would have to
continue to adhere to all good
production practices and other
recordkeeping and program
requirements; however, swine from the
suspended site could not be identified
as product from a certified production
site. The APHIS Administrator would
determine the program status of the site
within 30 days of the initiation of the
suspension. A finding that risk factors
are inadequately addressed in the site
investigation or the finding of additional
positive test results based on samples
from animals or carcasses from the
affected site would be grounds for
APHIS decertification of the site.
Proposed § 149.6(c)(5) would cover
slaughter facility recordkeeping
requirements relating to the handling of
animals from certified production sites.
We would require that all slaughter
facilities that receive certified swine
would have to maintain records with
regard to the number of certified swine
processed, the source of the certified
swine, including the TIN of the certified
production site from which the swine
came, and all test results relating to
process-verification testing. These
records would have to be retained at the
slaughter facility for a period of at least
3 years following the processing of such
animals.
Slaughter facilities handling certified
swine also would need to have
documented procedures on how
certified swine under its control, and
the edible pork products derived from
certified swine, would remain
segregated from swine and edible pork
products from noncertified sites
throughout receiving, handling, and
processing at the facility, as well as
while awaiting shipment from the
facility. The slaughter facility also
would have to have documented
procedures for maintaining the identity
of the certified swine or pork with
respect to the certified production site
from which it came.
We also would require that all records
and other documentation required to be
maintained by the slaughter facility
under proposed part 149 would have to
be readily available for inspection by
FSIS program employees.
Proposed § 149.6(c)(6) would cover
recordkeeping requirements for
approved laboratories that perform
process-verification testing under this
program. Approved laboratories would
be required to have written procedures
that specify standards for sample size,
sample handling, sample identification,
and sample test methods used in
process-verification testing. All such
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written procedures would have to be
maintained in a laboratory quality
assurance manual specifically for this
program, or as a separate section of an
existing laboratory quality assurance
manual, and would have to be retained
at the approved laboratory throughout
the time the approved laboratory is
performing process-verification testing
under this program. All such written
procedures relating to processverification testing also would have to
be readily available for inspection by
FSIS program employees or AMS
representatives.
Proposed § 149.6(c)(7) would cover
the slaughter facility overall
responsibility for process-verification
testing. In the event the testing is
contracted to an outside approved
laboratory, the slaughter facility would
still retain overall responsibility that the
testing is carried out as required. The
slaughter facility would be responsible
for obtaining testable samples and for
ensuring that the correct number of
testable samples are sent to the outside
testing lab. Once the slaughtering
facility receives those test results back
from the outside testing lab, the
slaughter facility would be responsible
for maintaining those results in its
trichinae testing records.
Recordkeeping at Site
Proposed § 149.7 would cover
recordkeeping requirements for
producers participating in the program.
Under proposed § 149.7(a), Stage I
enrolled sites, Stage II or Stage III
certified sites, and any site that has been
suspended or voluntarily decertified
would have to maintain the following
records: Animal disposal plan, animal
movement record, feed mill quality
assurance affidavit (if applicable),
rodent control logbook, and waste
feeding logbook (if applicable). All such
records would have to be readily
available for inspection at the pork
production site at the time of an audit
by a QAV or QVMO, or by other APHIS
representatives during normal business
hours.
Animal Disposal Plan
The animal disposal plan would have
to meet certain minimum requirements.
Specifically, the animal disposal plan
would have to:
• Provide for the removal of all dead
swine or swine remains from swine
pens immediately upon detection.
Inspections for purposes of detecting
dead animals would have to occur at
least once every 24 hours.
• Specify how often and at what
intervals the swine pens are observed
each day.
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• Provide for the proper storage of
dead swine or swine remains in
accordance with local, State, and
Federal laws and regulations. If the
carcass storage facility or composting
facility is located on the site, then the
animal disposal plan would have to
provide for a storage or composting
facility that precludes rodent or wildlife
contact with dead swine or swine
remains being stored or composted.
• Provide for the disposal of swine
and other mammals by rendering,
incineration, composting, burial, or
other means, as allowed by and in
accordance with local, State, and
Federal laws and regulations. For sites
that use rendering services, the animal
disposal plan also would have to
include the name, address, and phone
number of the renderer.
• Be updated as animal disposal
practices are changed at the site.
• Be signed and dated by the
producer as well as the caretaker of the
site (if the caretaker is a different person
than the producer).
• Be valid for a period no longer than
2 years after the date of signature by the
producer and (if applicable) the site
caretaker.
Animal Movement Record
The animal movement record would
have to meet certain minimum
requirements. Specifically, the animal
movement record would have to:
• Be filled out completely and
properly, accounting for the movement
of all non-breeding swine into and from
the pork production site.
• In the case of non-breeding swine
coming into the site, include the date
and number of arriving animals, as well
as the TIN of the certified production
site where the animals originated, or
alternatively, if the swine are less than
5 weeks of age and originated from a
noncertified site, the name and full
address of the noncertified site where
the animals originated. The animal
movement record would have to clearly
document that all non-breeding swine 5
weeks of age or older that arrive at the
site originated from another certified
production site.
• In the case of non-breeding swine
leaving the site, include the date and
number of departing animals, and their
destination.
• Document the number of dead nonbreeding swine that are removed from
the site, as well as the number of dead
non-breeding swine that are buried or
composted at the site, if swine burial or
composting is permitted in that State or
locality.
All entries to the animal movement
record would have to be signed or
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initialed, as well as dated, by the
producer or other site caretaker making
the entry. We would take into account
that pork production sites seeking Stage
I enrolled status may have limited
documentation regarding these
activities. However, we would still
require that such sites have initiated
documentation that addresses these
matters. The 180-day enrollment period
would provide Stage I sites further
opportunity to develop their
recordkeeping.
Rodent Control Logbook
The rodent control logbook, which
may include records from a pest control
operator, would have to meet certain
minimum requirements. Specifically,
the rodent control logbook would have
to:
• Include a rodent control diagram for
the site indicating the location of all
rodent bait stations and rodent traps at
the site. The diagram would have to be
updated whenever bait stations are
added, moved, or removed.
• Document the number of rodent
traps set (if applicable), the number of
new rodent bait stations set, and how
often bait is refreshed.
• Document the disposal method for
all unused bait that is replaced.
• Document the brand name and
active ingredient of bait, which would
have to be EPA registered and applied
according to its label, as well as the
quantity of bait used (number of
pounds).
• If possible, document the number of
rodents caught or killed and indicate
whether they are mice or rats.
• If possible, document the number of
rats sighted monthly.
All entries to the rodent control
logbook would have to be signed or
initialed, as well as dated, by the
producer or other site caretaker making
the entry. It would have to be updated
at least monthly.
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Feed Mill Quality Assurance Affidavit
The feed mill quality assurance
affidavit, to be used in conjunction with
feed or feed ingredients delivered to the
pork production site, would have to
meet certain minimum requirements.
Specifically, the feed mill quality
assurance affidavit would have to:
• Include the name of the producer
and the identity of the site, including
the TIN if it has been issued, and the
site address, as well as the name and
address of the feed mill and the name
and title of the feed mill representative.
• Provide that the feed mill is
following good manufacturing practices,
and further specify, as evidence of these
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good manufacturing practices, the
following:
That the feed mill has a rodent control
system that is maintained by the feed
mill itself or by a pest control firm
(include name and address of pest
control firm);
The frequency with which such
rodent control system is maintained
(i.e., on a weekly basis, etc.); and
That the feed mill maintains records
of pest management practices or has
records generated by a pest control
operator, which would have to be made
available to the producer upon request.
• Be signed by the feed mill
representative and by the producer or
the producer’s designated
representative, and would remain in
effect for a period of 2 years.
Waste Feeding Logbook
If the producer feeds meat-containing
food waste to swine at the site, the
producer would have to maintain a
waste feeding logbook that meets certain
minimum requirements. Specifically,
the waste feeding logbook would have
to:
• Include the name of the producer
and the identity of the site, including
the TIN if it has been issued, the site
address, and the number of the license
or permit authorizing the feeding of
such waste to swine.
• Be kept up-to-date with
documentation evidencing adherence to
applicable State and Federal food waste
feeding laws and regulations.
• Provide information as to the
method used in cooking the meatcontaining food waste.
• For each batch of meat-containing
food waste cooked, record the batch
number (if applicable to the operation),
the temperature at which such food
waste is cooked and the length of time
it is held at that temperature, and the
method for verifying the temperature
and length of time cooked.
• For each batch of meat-containing
food waste cooked, document the
sources of meat.
• Evaluate and document on at least
a monthly basis the level of sanitation
of the site, taking into account the
following factors:
Whether garbage containers are clean
and covered with lids;
Sanitation of cooking area and
equipment;
Sanitation of feeding areas and waste
disposal;
Sanitation of storage areas;
Rodent control system around
equipment, storage, and feeding areas;
Sanitation of waste hauling trucks or
containers;
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27669
Access of other animal species to food
waste (wild animals, dogs, cats, etc.);
and
The potential for cross-contamination
between cooked product and raw meatcontaining food waste.
All entries to the waste feeding
logbook would have to be signed or
initialed, as well as dated, by the
producer or other site caretaker making
the entry.
Under proposed § 149.7(b), we would
require that all required records and
other documentation to be maintained
by producers in the program would
have to be kept at the pork production
site for a period of 2 years. In addition,
under proposed § 149.7(c), we would
require that these records be readily
available for inspection at the pork
production site at the time of an audit
by a QAV or QVMO, or by other APHIS
representatives during normal business
hours.
Program Fees and Charges
Proposed § 149.8 would address the
subject of program fees and charges. The
producer would be responsible for the
cost of each site audit performed at the
pork production site. If a QAV performs
the site audit, then the producer would
have to pay the QAV directly at a
mutually agreed-upon time and rate. If
a QVMO performs the site audit, then
the producer would pay the QVMO at
the time the site audit is performed in
accordance with the rate and other
conditions set by the QVMO’s
governmental employer. Further, if the
QVMO who performs the site audit is
employed by APHIS, then the producer
would have to pay APHIS for this
service at a prescribed hourly rate as set
forth in proposed § 149.8. We are
proposing that the rates for the services
of an APHIS-employed QVMO would be
$84 per hour and $21 per quarter hour,
with a minimum charge of $25 per
service. If an APHIS-employed QVMO
performs the site audit outside his or
her normal tour of duty, then the rates
would increase to $100 per hour and
$25 per quarter hour for Monday
through Saturday and holidays and
$112 per hour and $28 per quarter hour
for Sundays. These proposed rates are
comparable to current rates charged for
other veterinary services conducted by
APHIS employees, and are designed to
recover the cost incurred by APHIS in
providing these services. Payment to
APHIS for the services of an APHISemployed QVMO would have to be in
the form of a certified check or U.S.
money order and would have to be
remitted to the QVMO at the time the
service is provided.
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In addition to the cost of the site
audit, proposed § 149.8 would provide
that the producer also would have to
pay APHIS a program fee at the time of
each site audit in the amount of $51 to
cover APHIS’ administrative costs in
processing the audit and operating the
program. This program fee, payable to
APHIS by certified check or U.S. money
order, would be due at the time of
submitting the completed site audit
form for APHIS evaluation. This
program fee would not be subject to
refund, regardless of the results of the
site audit or other determination as to
the producer’s program status.
Finally, proposed § 149.8 provides
that a producer would not be charged
for the cost of having a spot audit
performed at the pork production site.
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Pilot Program Sites
In proposed § 149.9, pork production
sites that are participating in an APHISapproved trichinae pilot program at the
time the final rule for establishing the
Trichinae Certification Program
becomes effective would maintain their
same program status as either a Stage I
enrolled, Stage II certified, or Stage III
certified site, as well as their same
program anniversary date for purposes
of completing future site audits and
submitting completed audit forms and
payment. We are proposing this
provision to recognize those producers
that volunteered to participate in our
pilot program and invested their time
and effort, as well as the expenditure of
money to upgrade their sites, in order to
be in compliance with good production
practices and other pilot program
requirements.
Changes to 9 CFR Part 160
Section 160.1 of the regulations in 9
CFR part 160 contains definitions for
terms appearing in parts 160 through
162 on accreditation of veterinarians.
We are proposing to add a new
definition to § 160.1 for the term
qualified accredited veterinarian or
QAV, which we would define as an
accredited veterinarian who has been
granted an accreditation specialization
by the APHIS Administrator pursuant to
§ 161.5 of our regulations based on
completion of an APHIS-approved
orientation or training program. We
would make this change in conjunction
with another proposed change to part
161, as discussed below.
Changes to 9 CFR Part 161
The regulations in 9 CFR part 161
contain the requirements and standards
for accredited veterinarians and
suspension or revocation of such
accreditation. We are proposing to add
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a new § 161.5 on specializations for
accredited veterinarians. Under
proposed § 161.5, an accreditation
specialization recognized by the APHIS
Administrator may be granted to an
accredited veterinarian upon
completion of an orientation or training
program approved by APHIS. An
accredited veterinarian who is granted
such a specialization would be referred
to as a qualified accredited veterinarian
or QAV. For certain accredited
specializations, the cost of orientation or
training would be borne by the
accredited veterinarian.
QAVs would be authorized to perform
those activities and functions
specifically provided for elsewhere in
chapter I of 9 CFR. Additional
information on accreditation
specializations, including training
requirements and fees, could be
obtained by contacting the National
Veterinary Accreditation Program, VS,
APHIS, 4700 River Road Unit 46,
Riverdale MD 20737, (301) 734–6188.
Under proposed § 161.5, the
Administrator of APHIS would grant the
status of qualified accredited
veterinarian or QAV to those accredited
veterinarians who complete an APHISapproved orientation or training
program covering that particular
specialization. Therefore, an accredited
veterinarian who completes the APHISapproved training in good production
practices in swine management could
become a QAV, and then be authorized
to perform site audits and other
specified program services under the
Trichinae Certification Program in part
149.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The rule
has been determined to be significant
for the purposes of Executive Order
12866 and, therefore, has been reviewed
by the Office of Management and
Budget.
For this proposed rule, we have
prepared an economic analysis. The
economic analysis, which is set out
below, provides a cost-benefit analysis
as required by Executive Order 12866
and an analysis of the potential
economic effects of this proposed rule
on small entities as required by the
Regulatory Flexibility Act.
We currently do not have all of the
data necessary for a comprehensive
analysis of the effects of this proposed
rule on small entities. Therefore, in
accordance with 5 U.S.C. 603, we have
prepared an initial regulatory flexibility
analysis. We are inviting comments
about potential effects of this proposed
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rule on small entities. In particular, we
are interested in determining the
number and kinds of small entities that
may incur benefits or costs from the
implementation of this proposed rule,
and the economic effects of those
benefits or costs.
In accordance with the Animal Health
Protection Act (7 U.S.C. 8301–8317), the
Secretary of Agriculture has the
authority to promulgate regulations and
conduct programs to detect, control, or
eradicate any pest or disease of livestock
(including the drawing of blood and
diagnostic testing of animals). Such
programs can include animals at a
slaughterhouse, stockyard, or other
point of concentration. The Secretary
may also cooperate with State
authorities, Indian tribe authorities, or
other persons in the administration of
regulations for the improvement of
livestock and livestock products.
In accordance with 21 U.S.C. 601 et
seq., the Secretary of Agriculture is
authorized to inspect meat and meat
products at any slaughtering, packing,
meat-canning, rendering, or similar
establishment, while under 21 U.S.C.
451 et seq., the Secretary of Agriculture
is authorized to inspect poultry and
poultry products at official
establishments. Finally, in accordance
with 7 U.S.C. 1621 through 1627, the
Secretary of Agriculture is authorized to
provide a range of voluntary inspection,
certification, and identification services
to assist in the orderly marketing of
various animal products and
byproducts.
Based upon available data and
expected effects, we believe that some
producers and facilities may come to the
conclusion that the benefits of the
proposed program, in terms of increased
exports and lower costs to meet the
requirements of importing countries,
would justify the costs of their
participation.
Costs for Participating Producers
According to USDA’s National
Agricultural Statistics Service (NASS),
there were an estimated 75,350 hog and
pig producers in the United States in
2002 [see NASS Agricultural Statistics,
2003 (Table 7–26)]. This was down from
80,880 producers in 2001. Since 2002,
the number of producers has declined
even further with 67,330 operations
reported in 2005. Although the structure
of the industry has changed over time,
the number of hogs as well as
consumption of pork has remained
relatively constant over the same period.
The number of producers who would
participate in the certification program
is not known. Participation by
producers would depend primarily on
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economic and other market
competitiveness considerations.
Participation will be based on how
much of the producers’ pork would
enter into export markets that have
trichinae requirements.
We believe that most producers,
especially the larger ones, are likely to
participate in the program. This is
because they have already implemented
and routinely follow many of the
proposed good production practices
required for certification. Industry
experts have estimated that 90 to 95
percent of commercial pork production
sites in the United States could meet the
proposed program requirements for site
certification with, at most, only minimal
facility changes (i.e., those costing
approximately $500 over a 5-year
period, equivalent to a present value of
about $440 when discounted at 7
percent). However, recent experience
with the pilot program has shown that
while 90 to 95 percent of these sites
could meet the requirements with only
minimal changes, it is likely that only
40 to 50 percent would actually choose
to participate. In general, larger
producers have more mitigations in
place so they are more readily able to
participate. Small producers could
participate in the program as well as
long as they are able to meet program
risk mitigations. At worst, only
moderate facility changes (i.e., those
that cost $2,500 over 5 years) would
likely be required. The estimated cost of
$2,500 for moderate facility changes
consists of $1,500 in first year startup
costs and maintenance costs of $250 per
year for the next 4 years. (For further
information, see Cummings, David and
Kopral, Christine, ‘‘Cost Analysis of
Trichinae-Free Program Alternatives,’’
USDA, APHIS, Centers for
Epidemiology and Animal Health,
December 1998, referred to below as the
CEAH analysis. Copies of the CEAH
analysis are available by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT).
Producers seeking to participate in the
program would be required to pay the
veterinarians’ audit fees to perform both
the initial and subsequent site audits.
These fees are estimated at about $150
per audit. After the first three audits are
completed over a 15-month period at a
cost of $450, certified production sites
would be subject to audits only once
every 15 months.
In addition to the cost of the site
audit, the producer would be
responsible for paying a separate
program fee to APHIS at the time of
each site audit. This program fee would
cover APHIS’ administrative costs in
processing the audit and operating the
program. As proposed, the program fee
would be $51. Also, producers may
have to pay for the postmortem blood,
tissue, or meat juice sample tests if the
cost of these tests is passed on to them
by the slaughter facilities.
Based on the information presented in
the preceding paragraphs, we have
prepared the following table
summarizing the estimated costs of
participating in the program over 5
years:
TABLE 2.—ESTIMATED COSTS FOR PARTICIPATING PRODUCERS
Year
1
2
3
4
5
Estimated site audit fees .................................................................................................................
Program fees ...................................................................................................................................
$300
102
$150
51
$150
51
$150
51
$150
51
Subtotal .....................................................................................................................................
1 402
2 201
3 201
3 201
3 201
Facility improvement costs: 4
Minimal ......................................................................................................................................
Moderate ...................................................................................................................................
100
1,500
100
250
100
250
100
250
100
250
Yearly total .........................................................................................................................
5-year total .........................................................................................................................
$502 to $1,902 year 1; $301 to $451 each
year, years 2 to 5.
$1,706 to $3,706 over 5 years.
1 Assumes
site audit and program fees for attaining both Stage I Enrolled and Stage II Certified status during year 1.
audit and program fees for moving from Stage II to Stage III Certified status.
audit and program fees for renewal of Stage III Certified status.
4 Experience with the pilot program has shown that 90 to 95 percent of sites could meet program requirements with only minimal facility improvements, so only 5 to 10 percent of sites might have to incur the moderate facility improvement costs.
2 Site
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3 Site
For producers that decide to
participate in the program, a potential
downside is the possibility that swine
from their sites could test positive for
trichinae at slaughter, resulting in a loss
of program status as a certified site.
Once a site is decertified, swine from
that site could not be identified as
product from a certified production site.
In order to participate in the program
once again, the producer would have to
follow the procedures for requesting an
initial audit for Stage I enrolled status.
It is reasonable to assume that most
producers who decide not to participate
in this program would be small in size,
although there are some small producers
that would also need to make only
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minimal changes to satisfy program
requirements.
Costs for Participating Slaughter
Facilities
The number of slaughter facilities that
may wish to process certified swine and
export their meat as produced under the
Trichinae Certification Program is
uncertain. As with producers,
participation would depend on
economic competitiveness
considerations. Certain countries that
import pork require testing for trichinae.
Therefore, any facility that wants to
export pork must meet these testing
requirements. Slaughter facilities would
have to determine whether it would be
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better to continue to follow their
traditional trichinae testing protocols, or
whether sourcing animals from certified
producers while observing the program
requirements for slaughter facilities
would provide them an economic
incentive.
Slaughter facilities that purchase
swine from certified production sites
would be required to carry out certain
functions relating to verification,
segregation, testing, and recordkeeping
of certified swine under its control.
Testing at the slaughter facility would
entail taking tissue, blood, or meat juice
specimens from a sample of the certified
swine population processed at the
facility in order to determine the
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Trichinella spiralis infection status of
the tested animals and to verify that the
trichinae management practices at the
production level are adequate. The
number of required test samples would
vary among individual facilities,
depending on the total number of
animals from certified production sites
that are slaughtered. The testing
requirements are designed to produce a
99 percent confidence level of detecting
a positive carcass in the population
based on a prevalence of 0.013 percent.
For example, a plant that slaughters 1
million certified swine per year would
be required to run 34,802 tests annually,
but a plant that slaughters 5,000
certified swine per year would need to
run 4,996 tests each year.
Slaughter facilities could conduct
sample testing using either an ELISA or
a pooled diaphragm test and would
have the option of processing the test
samples themselves at the slaughter
facility or sending it to an offsite
commercial laboratory. On-site
processing of test samples should result
in lower costs per test once the
necessary testing equipment is in place.
In this regard, it is anticipated that
many slaughter facilities, especially the
large and medium ones, would acquire
ELISA test readers, regardless of
whether they participate in the
certification program, due to FSIS’
HACCP inspection procedures and
because of the public’s demand for food
safety and quality. ELISA test readers
cost about $5,000 each, while pooled
diaphragm digestion test readers cost
$2,900.
An ELISA test costs approximately
$0.83 per swine using the services of a
commercial laboratory, and up to $0.66
per swine if processed by the slaughter
facility itself. By comparison, a
digestion test costs approximately $1.72
per swine if processed by a commercial
laboratory, and $0.92 per swine if
processed by the slaughter facility.3
An ELISA test, therefore, is less costly
than a digestion test. However, if an
ELISA test is used and the results are
positive, then those findings would
have to be confirmed by using a
digestion test. For a large slaughter
facility required to run 34,802 tests each
year, the ELISA test would cost $28,886
annually if processed by a commercial
laboratory and $22,969 if processed by
the slaughter facility itself, and the
digestion test would cost $59,859
3 These
figures are from the CEAH analysis. It is
important that because the CEAH study was
published in 1998, the findings are somewhat dated
Throughout this analysis, the data used in the
CEAH analysis have been updated where possible
in order to obtain a more current estimate of the
cost.
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annually if processed by a commercial
laboratory and $32,018 if processed by
the slaughter facility itself. For a small
plant required to run 4,996 tests each
year, the ELISA test would cost $4,147
annually off site and $3,297 annually on
site, and the digestion test would cost
$8,593 annually off site and $4,596
annually on site.
As discussed above, the number of
slaughter facilities that would
participate in the program by
purchasing swine from certified
production sites is uncertain. If
slaughter facilities do wish to accept
certified swine and identify pork as
produced under the Trichinae
Certification Program, it is not known
whether they would absorb all the
testing costs or pass on some of those
costs to producers or consumers.
Slaughter facilities may experience
negative effects from this proposed rule
in the event of a trichinae positive test.
Given the rarity of trichinae in swine
currently, the likelihood of a positive
test from an animal that comes from a
certified production site would be
small. However, if there was a positive
test result, presumably there would be
some cost to the slaughter facility since
it could lose a source of certified
animals if the site is decertified. The
total cost to the slaughter facility in the
event of a positive test is uncertain at
this time.
Costs for Participating Accredited
Veterinarians
The proposed rule would provide
accredited veterinarians who are
qualified to conduct site audits under
the program with another source of
revenue. To become qualified,
accredited veterinarians would need to
complete an APHIS-approved
orientation or training program in good
production practices in swine
management. At least initially, APHIS
would provide this special training to
accredited veterinarians itself, charging
them an amount sufficient to recover the
Agency’s costs, estimated at $50 per
trainee. QAVs would need
requalification training, but this would
not occur more than once every 2 years,
and the accredited veterinarians would
be charged the same $50 fee. Currently,
veterinarians do not have to pay a fee
or receive periodic training to maintain
accreditation status. However, for
certain accredited specializations, such
as conducting site audits under the
trichinae certification program, we are
proposing that the accredited
veterinarian would be responsible for
the cost of orientation and periodic
training to perform this activity.
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The special training would not be
mandatory for accredited veterinarians,
so any training costs would be
voluntarily assumed. For those
accredited veterinarians who do opt for
the training in order to perform site
audits for producers, the cost of the
training would be offset by income in
the form of fees received from producers
for site audits.
Impact on Federal Agencies
Unlike traditional disease eradication
programs, herd certification programs
are indefinite, and exist for as long as
the producer wishes to maintain
certification status. Due to the changes
in the meat inspection process that have
occurred at the slaughter and processing
level, increasingly, packers will require
various forms of food security
certifications as criteria for producers
that wish to sell their product to them.
In fiscal year (FY) 2007, trichinae
certification activities would shift from
being in the pilot phase to the early
national program roll out phase,
assuming this proposed rule is
implemented. In late FY 2007 or early
FY 2008, the trichinae certification
program would become a national
program, available in increasing
numbers of States and involving
potentially thousands of herds. Initial
national program emphasis would be
placed on 5 of the 17 major swine
producing States that account for
approximately 94 percent of the
Nation’s total swine production, but the
program would be made available to all
who volunteer to participate.
Successful implementation of the
trichinae certification program would
require integration of APHIS on-farm
activities with AMS and FSIS plant and
processing actions to ensure the safety
and quality of animal derived food
products. The impacts on AMS and
FSIS are expected to be minimal. AMS
representatives would certify
laboratories with respect to trichinae
testing, and FSIS program employees
would check records in plants to ensure
compliance with testing and
recordkeeping requirements, as well as
provide general oversight that plants are
carrying out other program
responsibilities properly. The personnel
and time requirements for AMS and
FSIS to meet their obligations are not
expected to be significant.
Export Benefits Associated with the
Program
The proposed program is designed to
increase sales and marketability of fresh
pork products destined for foreign
markets, which would benefit
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participating swine producers and
slaughter facilities.
The United States is a net exporter of
pork and has been the second largest
exporter of pork, trailing the European
Union (EU), in recent years. Other major
exporters include Canada and Brazil.
Japan, Mexico, and Canada are the
primary markets for U.S. pork exports.
The United States also exports pork to
Russia and the EU, but these averaged
less than 5 percent of total exports over
the 2000 to 2005 period. Additionally,
the United States is a net importer of
pork in trade with the EU, with exports
to the EU declining from 2001 to 2005.
Although not certain, a voluntary
trichinae certification program could
increase opportunities for participating
producers and slaughter facilities to
export to countries that monitor for
Trichinella spiralis in pork.
How much this program would
increase U.S. pork exports is not known.
U.S. pork exports have been increasing
for the past decade and are expected to
continue to increase. Approximately 9
percent of U.S. pork production is
exported. Given the steady per capita
domestic consumption over the past
decade, if U.S. pork production is to
continue to grow, the growth likely will
be driven by export demand. A
voluntary trichinae certification
program is one step in keeping U.S.
producers competitive in the world
market.
According to Canadian animal health
personnel, maintaining trichinae free
status for most of Canada has been
instrumental in facilitating the country’s
$1 billion annual export market for pork
($410 million in fresh cuts), as well as
in maintaining its annual per capita
consumption of pork totaling 28 kg (H.
Ray Gamble, Trichinae Fact Sheet,
https://www.aphis.usda.gov/vs/
trichinae/). However, it should be noted
that the majority of Canadian exports of
pork go to the United States and
Mexico, neither of which have
trichinae-specific entry requirements for
imported pork. So while it may be
helpful, it is not certain that the
proposed voluntary trichinae
certification program would
automatically lead directly to increased
exports of pork and pork products.
The EU and Russia have traditionally
been markets where the United States
has not had a large presence. It is the
industry’s hope that the certification
program would open these markets to
more pork from the United States. The
United States recently signed an
agreement with the Russian Federation
that would allow pork into Russia either
after being tested for trichinae or frozen.
Before now, Russia required both in
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order to be permitted into the country.
Additionally, Brazil has historically
been Russia’s largest supplier of pork.
However, outbreaks of foot-and-mouth
disease in the latter part of 2005
hampered Brazil’s ability to supply that
market. Thus, other exporters, including
the United States, are looking to
capitalize on this opportunity to gain
market share in the Russian pork
market.
The voluntary certification program
could potentially lead to increased
exports to countries that require
trichinae testing, such as the European
Union. The U.S. Meat Export Federation
(USMEF) believes U.S. exports to the EU
would increase with the certification of
new EU-approved plants and reduction
in costs associated with trichinae
testing. The weak dollar will also help
the cause of U.S. exports. Increases in
exports may not be immediate since
there are currently only three EUapproved plants that are not able to fill
the U.S. quota. Furthermore, the USMEF
sees a potential for growth in the
processed pork products market, i.e.,
fully cooked bacon, rather than the
fresh, chilled, and frozen sector.
Currently, domestic exporters face a
duty free quota of 45,000 metric tons of
pork to the EU. In 2005, the United
States sent approximately 6,600 metric
tons of pork to the EU, which accounted
for 0.7 percent of total U.S. exports. If
exports to the EU were to increase by
16,000 metric tons over those reported
in 2005 as expected by the National
Pork Producers Council (NPPC), the EU
share of U.S. exports would increase to
approximately 2.5 percent.
Additionally, the NPPC estimates that
an increase of this magnitude would
increase the value of exports by $60
million. This represents a threefold
increase in the 2005 value of exports to
the EU, or a 3.4 percent share of the
total $2.3 billion pork export market.
However, based on historical unit
values for U.S. exports of pork to the EU
and the world and the estimated
increase in exports to the EU, the value
increase predicted by the NPPC appears
to be overly optimistic. Additionally,
based on the expert opinion of pork
analysts at USDA’s Economic Research
Service, it is unlikely that the voluntary
certification program would change the
European Union’s mix of pork imports.
Testing costs under the voluntary
certification program outweigh the costs
of testing and freezing under the current
regime. This is a result of the fact that
the United States does not export large
amounts of pork to countries having
mandatory testing and freezing
requirements. In fact, the average costs
of testing and freezing per pig
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27673
slaughtered are $0.02,4 compared to
$0.15 in the lowest cost scenario under
the voluntary certification program.
This cost comparison assumes the same
slaughter numbers in both cases, and a
50 percent participation rate in the
trichinae certification program.
However, there may be certain
producers that would benefit since
APHIS is not able to look at each
producer individually and must average
results across all producers. APHIS
welcomes any comments the public may
have on the potential cost savings
related to testing and freezing.
Cost-Benefit Summary
As discussed, producers, slaughter
facilities, and accredited veterinarians
would be subject to certain costs if they
chose to participate in the trichinae
certification program. Producers would
likely incur added expenses to ensure
that their sites meet good production
practices. Similarly, slaughter facilities
that choose to receive certified swine for
processing also would likely incur
additional costs in following program
requirements, including the testing of
certified swine processed at the facility
in order to verify that the good
production practices at the production
level are adequate. Accredited
veterinarians who wish to perform site
audits would have to pay the cost of the
training that would be necessary before
performing this service for producers.
The program itself would not impose
additional costs on U.S. consumers,
although some slaughter facilities may
pass on a portion of their costs to
consumers.
As indicated in the CEAH analysis, a
voluntary certification program
involving periodic testing at slaughter
would be less expensive than a program
that would involve mandatory national
testing. Also, because the program is
voluntary, producers who judge the
costs to exceed the benefits for their
individual operation could opt not to
participate in the program.
We expect that costs incurred by
producers, slaughter facilities, and
accredited veterinarians in choosing to
participate in the voluntary program
would be justified in the long term by
the program’s export and food safety
benefits. Producers and slaughter
facilities should benefit from increased
export opportunities that develop as a
result of the increased availability of
certified pork products, while
accredited veterinarians participating in
4 Testing costs are derived from the 1998 CEAH
study and have been adjusted for inflation. Freezing
costs were obtained from Dave Pyburn, the APHIS
National Trichinae Coordinator.
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the program would have a potential
source of additional income.
Alternatives to the Proposed Rule
In considering alternatives to the
proposed rule, we looked to the findings
of the CEAH analysis of Trichinae
Certification Program alternatives. The
CEAH analysis compared the costs of
two alternative methods for achieving
Trichinae Certification Program status
in U.S. swine: An evolving on-farm
certification program (i.e., voluntary
program) that involves periodic testing
at the slaughter facility versus a national
carcass testing program by the pooled
sample digestion method (i.e.,
mandatory program). Part I of the CEAH
analysis describes inputs, assumptions,
and projected costs for an evolving onfarm certification alternative. Part II
describes inputs, assumptions, and
projected costs for a national carcass
testing program using the digestion
method.
Bottom-line results of this analysis are
expressed as average annual cost per pig
over 5 years. It is important to note that
where possible, the data in the CEAH
study have been updated through 2002
in order to obtain better estimates of the
cost of a voluntary certification program
versus a mandatory program. Where
recent data were not available, data from
the 1998 study was used and adjusted
for inflation in years 2 through 5.
Although startup and maintenance costs
for on-farm certification were averaged
over 5 years, actual spending by
producers may be higher in the first year
and lower in years 2 through 5 of each
5-year period.
In the CEAH analysis, one component
of proposed on-farm certification is
periodic ELISA testing at slaughter.
Projected costs for on-farm certification
were calculated in Part I under options
in which (1) large and medium
slaughter facilities do required ELISA
testing monthly and (2) large and
medium slaughter facilities do ELISA
testing quarterly. It was assumed that
small slaughter facilities could only
accomplish the required ELISA testing
quarterly.
Voluntary Certification Program
In projecting costs for on-farm
certification using ELISA testing, the
most influential variables were the
percentage of U.S. producers that would
incur zero, minimal, or moderate costs
to establish and maintain good
production practices (GPP) sufficient for
on-farm certification, and how much
these costs would be. Regarding the
percentages of sites that would incur
costs, it was necessary to consider a
range of scenarios because data,
experiences, and perceptions varied
significantly. The three GPP scenarios
appear in table 3 below. Regarding the
dollar amounts of those costs, minimal
startup and maintenance costs were
estimated to be $500 over 5 years, and
moderate costs to be $2,500 over 5
years.
TABLE 3.—AVERAGE ANNUAL COST PER PIG UNDER ON-FARM CERTIFICATION
Percentage of sites that would incur no additional costs, minimal GPP costs, or moderate GPP costs
(a) Based on monthly ELISA testing at large/medium facilities:
Scenario 1: 90, 5, 5 ................................................................................................................................................................
Scenario 2: 36, 32, 32 ............................................................................................................................................................
Scenario 3: 4, 48, 48 ..............................................................................................................................................................
(b) Based on quarterly ELISA testing at large/medium facilities:
Scenario 1: 90, 5, 5 ................................................................................................................................................................
Scenario 2: 36, 32, 32 ............................................................................................................................................................
Scenario 3: 4, 48, 48 ..............................................................................................................................................................
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Mandatory Certification Program
The alternative program, national
carcass testing by the digestion method
as described in Part II of the CEAH
analysis, would entail testing every
carcass at slaughter. Under this option,
USDA would require swine producers
to participate in a trichinae certification
program. The CEAH analysis assumes
that 95 percent of all sites would be
certified under a mandatory program.
Sites that are not certified would have
to have their swine undergo testing by
the digestion method at slaughter. The
producers of these non-certified animals
would assume the cost of testing.
It is assumed that larger facilities
would use their own laboratories for
testing, and smaller facilities would
send their samples to independent
laboratories for testing. All laboratories
would be monitored by AMS. Average
annual cost per pig under national
carcass testing by the digestion method
was calculated to be $0.854, which
significantly exceeded the highest cost
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scenario for an on-farm certification
program.
Would the additional benefits of a
mandatory program outweigh the costs?
The CEAH analysis shows that a
voluntary certification program
involving periodic testing at slaughter is
less expensive than under a national
carcass testing program using the
digestion method. While there are no
cost estimates for producers who choose
not to participate in a voluntary
program, it is reasonable to assume that
they choose not to participate based on
some benefit-cost calculation, either
formal or informal (i.e., costs of
participating outweigh the benefits).
The CEAH analysis assumes that most
of the sites that would not participate in
a voluntary program would involve
producers with fewer than 100 head of
swine. These producers would qualify
as small businesses under the Small
Business Administration (SBA) criteria,
under which producers with not more
than $750,000 in annual receipts are
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Average annual
cost per pig over
5 years
$0.148
0.225
0.271
0.142
0.219
0.265
considered small businesses. Imposing a
mandatory certification program could
place an undue burden on swine
producers considered to be small
businesses.
Maintain Status Quo
Under this option, USDA would not
establish a voluntary trichinae
certification program. Producers and
consumers would forgo benefits
associated with the program and any
potential benefits from increased
exports and improved food safety would
not be realized. Producers exporting to
countries that monitor for Trichinella
spiralis in pork would have to continue
to test individual animals. The savings
that could be realized from a voluntary
certification program that would require
testing only a sample of animals would
not be captured.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act
requires agencies to evaluate the
potential effects of their proposed and
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final rules on small business, small
organizations and small governmental
jurisdictions. Section 603 of the Act
requires agencies to prepare and make
available for public comment an initial
regulatory flexibility analysis (IRFA)
that describes expected impacts of a
proposed rule on small entities. Section
603(b) of the Act specifies that an IRFA
shall contain:
• A description of the reasons why
action by the agency is being
considered;
• A succinct statement of the
objectives of, and legal basis for, the
proposed rule;
• A description of and, where
feasible, an estimate of the number of
small entities to which the proposed
rule will apply;
• A description of the projected
reporting, recordkeeping and other
compliance requirements of the
proposed rule including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record;
• An identification, to the extent
practicable, of all relevant Federal rules
which may duplicate, overlap or
conflict with the proposed rule;
• A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
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Reasons for the Action
APHIS is proposing a voluntary
trichinae certification program.
Currently, any pork going into the
European Union and Russia, along with
a few other countries, must be tested
and found free of Trichinella spiralis.
Additionally, the meat must be frozen
before shipment. Under the proposed
voluntary program, producers could
choose to certify a production site rather
than undergo testing of each carcass at
the slaughter facility that is destined for
certain markets.
Due to favorable changes in Europe
regarding the certification of slaughter
facilities in the United States, industry
participants feel a certification program
like the one proposed here could help
domestic producers obtain a larger share
of the EU market, as well as open that
market to the exportation of fresh
chilled, rather than frozen, products.
Additional market forces, combined
with the effects of this voluntary
program, may also open the Russian
market to additional imports of U.S.
pork.
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Objectives and Legal Basis
The objective of the rule is to give
producers the ability to certify a
production site rather than testing each
individual carcass destined for markets
that require trichinae testing,
specifically the EU and Russia. The
certification program presented here
would be strictly voluntary, thus APHIS
would not require producers to undergo
certification. The program is based on
APHIS’ authority under the Animal
Health Protection Act.
Small Entities That May Be Affected
The proposed rule, if implemented,
would have potential implications for
swine producers and slaughter facilities
both in terms of the costs they might
incur to satisfy program requirements
and in terms of the benefits associated
with any increase in fresh pork sales as
a result of the program’s establishment.
For both producers and slaughter
facilities, the majority of establishments
that we expect to take part in the
program are small entities (not more
than $750,000 in annual receipts for
producers and 500 employees for
slaughter facilities). Over 80 percent of
U.S. swine producers and 95 percent of
slaughter facilities are small businesses
according to these SBA guidelines.
Participation of producers in the
trichinae certification program would be
voluntary. Small operations could
decide not to participate in the program
if they believe the costs of maintaining
certified status outweigh the benefits of
producing certified swine. Slaughter
facilities would also face this decision.
Because participation is voluntary, the
proposed rule is not expected to have an
adverse impact on small businesses.
Reporting, Recordkeeping, and Other
Compliance Requirements
Producers would have to pay for a site
audit by the accredited veterinarian,
program fees for certification from
APHIS, and possibly testing. Slaughter
facilities that purchase swine from
certified production sites would be
required to carry out certain functions
relating to verification, segregation,
testing, and recordkeeping of certified
swine under its control. Thus, the
slaughter facility would have to keep
records of the number of animals
slaughtered from certified sites. They
would also have to make sure that
certified and non-certified animals were
kept separate throughout the whole
process. These facilities would also be
responsible for keeping records related
to testing. In the end, however, it is a
voluntary program, so participants only
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take on this burden if they feel the
program would benefit them.
Duplicating, Overlapping, or Conflicting
Federal Rules
APHIS has not identified any
duplication, overlap, or conflict of the
proposed rule with other Federal rules.
Economic Impact on Small Entities
The Agency does not expect the
proposed rule to result in significant
economic impacts on small entities, and
has therefore not set forth alternatives to
minimize such impacts. Participation of
producers in the Trichinae Certification
Program would be voluntary. Small
operations could opt to not join or
withdraw from the program if they
found the costs of maintaining certified
status outweigh the benefits of
producing certified swine. Because it is
voluntary, the proposed rule is not
expected to have an adverse impact on
small businesses.
Summary of Initial Regulatory
Flexibility Analysis
The proposed rule would establish a
voluntary trichinae certification
program. Producers who wish to
participate would have to pay for an
audit by an accredited veterinarian of
their site. Additionally, they may incur
the costs of carcass testing if the
slaughter facility conducting the testing
passes that cost to the producer.
However, since this is a purely
voluntary program, producers may opt
not to incur any of these expenses.
Individuals in the pork industry are
hopeful this certification program
would help domestic producers gain
market share in countries that require
trichinae testing, particularly the EU
and Russia. The EU is reducing the
certification requirements for slaughter
facilities, and industry participants feel
the voluntary certification program
would substitute for the mandatory
testing of all carcasses destined for that
market. The benefits of the rule lie in its
potential to open markets requiring
mandatory trichinae testing to
additional domestic product. However,
the extent to which these markets would
open is unknown. Costs under the
certification program appear to be
higher than current testing costs due to
the fact that a small amount of product
is currently sent to the EU and Russia.
However, certain producers may find it
to their advantage to participate given
their particular situation. Since the
program is voluntary and does not
impose any costs on producers not
wishing to participate, small entities
would not be negatively impacted by
this proposed rule. In the end,
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producers will participate in the
program if they feel the benefits
garnered from the certification program
will outweigh the costs they incur.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
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Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
regulations that are in conflict with this
rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment has
been prepared for this proposed rule.
The assessment provides a basis for the
conclusion that the implementation of
the Trichinae Certification Program, as
provided for in the proposed rule,
would preclude any potential adverse
effects on endangered and threatened
species and their habitats, and would
not have a significant impact on the
quality of the human environment.
The environmental assessment has
been prepared in accordance with: (1)
The National Environmental Policy Act
of 1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessment may
be viewed on the Regulations.gov Web
site or in our reading room. (Instructions
for accessing Regulations.gov and
information on the location and hours of
the reading room are provided under the
heading ADDRESSES at the beginning of
this proposed rule.) In addition, copies
may be obtained by calling or writing to
the individual listed under FOR FURTHER
INFORMATION CONTACT. Comments on the
environmental assessment may be
submitted using the methods described
under ADDRESSES.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
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collection or recordkeeping
requirements included in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB). Please send written comments
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for APHIS, Washington, DC
20503. Please state that your comments
refer to Docket No. APHIS–2006–0089.
Please send a copy of your comments to:
(1) Docket No. APHIS–2006–0089,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238, and (2) Clearance Officer,
OCIO, USDA, room 404–W, 14th Street
and Independence Avenue, SW.,
Washington, DC 20250. A comment to
OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication of this proposed rule.
The proposed Trichinae Certification
Program is a voluntary program to
certify pork as produced under good
production practices that reduce,
eliminate, or avoid the animal’s risk of
exposure to Trichinella spiralis
infection risk factors. Trichinella
spiralis or trichinae is a parasitic disease
of warm-blooded carnivores and
omnivores, including swine. Uniform
program standards have been developed
by organizations representing the pork
industry, State animal health agencies,
and USDA. These standards provide the
guidelines for implementing the
requirements for this voluntary
program.
In this program, pork production sites
would be audited by USDA trained and
accredited veterinarians. During the site
audit, the veterinarian would observe
and collect information about the site,
including swine sources, feed sources,
rodent and wildlife control, and facility
hygiene. This information would be
collected on USDA-approved official
program audit forms. APHIS would
review the information obtained from
the site audit to ensure that the required
program standards relating to good
production practices are in place and
being maintained at the site in order to
reduce, eliminate, or avoid the risk of
exposure of swine to trichinae. APHIS
would maintain a database containing
records for each pork production site
participating in the program. Listings of
certified production sites by TIN and
program status would be posted on the
Trichinae Certification Program Web
site at https://www.aphis.usda.gov/vs/
trichinae and would be accessible to
APHIS personnel, as well as slaughter
facility representatives whose facilities
handle certified swine.
In most instances, the information
relating to a pork production site’s
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adherence to required good production
practices would be collected during the
audit. Completed forms would be
submitted to the local APHIS area office.
Site suitability for program enrollment
or certification would be determined by
the local APHIS area office. Program
data would be entered locally. National
summary data would be available to
APHIS personnel involved in
administering the program.
Producers choosing to participate in
the program would be subject to certain
recordkeeping requirements that
evidence their adherence to all of the
required good production practices.
Producers would have to maintain the
following records: Animal disposal
plan, animal movement record, feed
mill quality assurance affidavit (if
applicable), rodent control logbook, and
waste feeding logbook (if applicable).
Slaughter facilities handling certified
swine also would be subject to certain
recordkeeping requirements as to the
number of certified swine processed, the
source of the certified swine, and test
results relating to process-verification
testing. Such slaughter facilities also
would be required to have documented
procedures on how certified swine
under its control, and the edible pork
products derived from these animals,
would remain segregated from swine
and pork from noncertified sources.
Approved laboratories that perform
process-verification testing under the
Trichinae Certification Program would
be required to maintain written
procedures that pertain to the
performance of process-verification
testing.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
information collection on those who are
to respond (such as through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses).
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Estimate of burden: Public reporting
burden for this collection of information
is estimated to average 0.3842102 hours
per response.
Respondents: Auditors, herd owners,
slaughter facilities, and approved
laboratories.
Estimated annual number of
respondents: 54,500.
Estimated annual number of
responses per respondent: 2.992532.
Estimated annual number of
responses: 163,093.
Estimated total annual burden on
respondents: 62,662 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
Copies of this information collection
can be obtained from Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 734–7477.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance 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, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 734–7477.
List of Subjects
9 CFR Part 149
Animal diseases, Hogs, Laboratories,
Meat and meat products, Meat
inspection, Reporting and
recordkeeping requirements.
9 CFR Part 160
Veterinarians.
9 CFR Part 161
Reporting and recordkeeping
requirements, Veterinarians.
Accordingly, we propose to amend
title 9 CFR chapter I as follows:
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SUBCHAPTER G—LIVESTOCK
IMPROVEMENT
1. In subchapter G, the subchapter
heading would be revised to read as set
forth above.
2. In subchapter G, a new part 149
would be added to read as follows:
PART 149—VOLUNTARY TRICHINAE
CERTIFICATION PROGRAM
Sec.
149.0
149.1
Purpose and scope.
Definitions.
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149.2 Program participation.
149.3 Site audit.
149.4 Spot audit.
149.5 Offsite identification and segregation
of certified swine.
149.6 Slaughter facilities.
149.7 Recordkeeping at site.
149.8 Program fees and charges.
149.9 Pilot program sites.
Authority: 7 U.S.C. 8301–8317; 7 U.S.C.
1622; 7 CFR 2.22, 2.80, and 371.4.
§ 149.0
Purpose and Scope.
The Trichinae Certification Program
described in this part is intended to
enhance the ability of swine producers,
as well as slaughter facilities and other
persons that handle or process swine
from pork production sites that have
been certified under the program, to
export fresh pork and pork products to
overseas markets.
§ 149.1
Definitions.
Accredited veterinarian. A
veterinarian approved by the APHIS
Administrator in accordance with part
161 of this chapter to perform functions
specified in subchapters B, C, D, and G
of this chapter.
Agricultural Marketing Service (AMS).
The Agricultural Marketing Service of
the United States Department of
Agriculture.
AMS Administrator. The
Administrator, Agricultural Marketing
Service, or any person authorized to act
for the AMS Administrator.
AMS representative. Any individual
employed by or acting as an agent on
behalf of the Agricultural Marketing
Service who is authorized by the AMS
Administrator to perform services
required by this part.
Animal and Plant Health Inspection
Service (APHIS). The Animal and Plant
Health Inspection Service of the United
States Department of Agriculture.
Animal disposal plan. A written
document that describes methods for
the removal and disposal of dead swine
or swine remains from a pork
production site.
Animal movement record. A written
record of the movement of swine into or
from a pork production site.
APHIS Administrator. The
Administrator, Animal and Plant Health
Inspection Service, or any person
authorized to act for the APHIS
Administrator.
APHIS representative. Any individual
employed by or acting as an agent on
behalf of the Animal and Plant Health
Inspection Service who is authorized by
the APHIS Administrator to perform the
services required by this part.
Approved laboratory. A non-Federal
laboratory approved by the Agricultural
Marketing Service and recognized by
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the APHIS Administrator or FSIS
Administrator for performing validated
tests to determine the presence of
trichinae infection in reference to the
Trichinae Certification Program.
Audit. An inspection process, as
provided in this part, that generates a
written record documenting a pork
production site’s adherence to the
required good production practices.
Auditor. A qualified accredited
veterinarian (QAV) or a qualified
veterinary medical officer (QVMO) who
is trained and authorized by APHIS to
perform auditing activities under the
Trichinae Certification Program.
Certification (certified). A designation
given by the APHIS Administrator to a
pork production site for compliance
with good production practices and
other program requirements of the
Trichinae Certification as provided in
this part.
Certified pork. Pork products
originating from certified swine from a
certified production site with identity of
such animals or carcasses maintained
throughout receiving, handling, and
processing.1
Certified production site. A pork
production site that has attained a
program status of Stage II or higher,
based on adherence to good production
practices and other program
requirements as provided in this part.
Certified swine. Swine produced
under the Trichinae Certification
Program on a certified production site.
Decertification (decertified). Removal
of the certified status of a production
site by the APHIS Administrator when
it has been determined that the criteria
of the Trichinae Certification Program
are not being met or maintained.
Enzyme-linked immunosorbent assay
(ELISA). A method of testing swine for
the presence of trichinae infection by
looking for antibodies to Trichinella
spiralis in the sera, plasma, whole
blood, tissue fluid, or meat juice of
swine.
EPA. The United States
Environmental Protection Agency.
Feed mill quality assurance affidavit.
A written statement signed by the feed
mill representative and the producer
that documents the quality and safety of
feed or feed ingredients delivered from
the feed mill to the pork production site.
Food Safety and Inspection Service
(FSIS). The Food Safety and Inspection
Service of the United States Department
of Agriculture.
FSIS Administrator. The
Administrator, Food Safety and
1 The labeling of all certified pork or pork
products leaving a slaughter or processing facility
must comply with 9 CFR 317.4 and all other
applicable FSIS labeling regulations.
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Inspection Service, or any person
authorized to act for the Administrator.
FSIS program employee. Any
individual employed by or acting as an
agent on behalf of the Food Safety and
Inspection Service who is authorized by
the FSIS Administrator to perform the
services required by this part.
Good manufacturing practices. Feed
manufacturing practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis.
Good production practices. Pork
production management practices that
reduce, eliminate, or avoid the risk of
exposure of swine to Trichinella
spiralis.
Harborage. Any object, debris, clutter,
or area that could serve as shelter or
refuge for rodents or wildlife.
Laboratory approval audit. An audit
performed by AMS representatives to
determine if a laboratory meets
minimum requirements for approval, as
established by AMS, for performing
validated tests under this part.
National Trichinae Certified Herd. All
swine raised on certified production
sites in the United States.
Person. Any individual, corporation,
company, association, firm, partnership,
society, joint stock company, or other
legal entity.
Pest control operator. A person
trained and State-licensed in the control
of pests and vermin (particularly
rodents).
Pooled sample digestion method
(digestion method). A method of testing
swine for trichinae infection by
identifying the presence of Trichinella
spiralis from a sample of the animal’s
muscle tissue.
Pork production site (site). A
geographically definable area that
includes pork production facilities and
ancillary structures under common
ownership or management systems and
the surrounding space within a 100-foot
perimeter of the swine housing and
feeding areas.
Positive test result. Outcome of a
validated test indicating the presence of
Trichinella spiralis.
Process-verification testing. Testing of
a statistically valid sample of swine
belonging to the National Trichinae
Certified Herd at the time of slaughter
using a validated test to verify that the
adherence to good manufacturing
practices and good production practices
is resulting in the absence of Trichinella
spiralis infection in swine from that
herd.
Producer. An individual or entity that
owns or controls the production or
management of swine.
Qualified accredited veterinarian
(QAV). An accredited veterinarian who
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has been granted an accreditation
specialization by the APHIS
Administrator pursuant to § 161.5 of
this chapter based on completion of an
APHIS-approved orientation or training
program in good production practices in
swine management, and who is
authorized by the APHIS Administrator
to perform site audits and other
specified program services required by
this part.
Qualified veterinary medical officer
(QVMO). A VMO of the State or Federal
Government who is trained in good
production practices and is authorized
by the APHIS Administrator to perform
site audits, spot audits, and other
specified program services required by
this part.
Rodent control logbook. A written
record that documents a rodent control
program for a pork production site.
Site audit. An audit, performed by a
QAV or a QVMO, to determine the
trichinae risk factor status of a pork
production site based on the site’s
adherence to all of the required good
production practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spiralis.
Slaughter facility. A slaughtering
establishment operating under the
Federal Meat Inspection Act (21 U.S.C.
601 et seq.) or a State meat inspection
act that receives certified swine under
the Trichinae Certification Program.
Slaughter facility representative. Any
individual employed by, or acting as an
agent on behalf of, a slaughter facility
who is authorized by the slaughter
facility to perform the specified program
services required by this part.
Spot audit. An audit of a certified
pork production site performed by a
QVMO to ensure program integrity and
consistency.
Stage I enrolled. Preliminary program
status of a pork production site attained
when the APHIS Administrator
approves the outcome of an initial site
audit.
Stage II certified. Program status
attained upon APHIS approval of a site
audit of a Stage I enrolled site.
Stage III certified. Program status
attained upon APHIS approval of a site
audit of a Stage II certified site and
maintained upon APHIS approval of
subsequent site audits for renewal of
Stage III certified status.
Sterile zone. An open area
immediately adjacent to and
surrounding those building(s) used to
house and feed swine that serves as both
a buffer and detection zone for rodent
and wildlife activity.
Temporary withdrawal. The voluntary
withdrawal of a certified production site
from the Trichinae Certification
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Program at the request of the producer
for a period not to exceed 180 days.
Trichinae. A generic term that refers
to Trichinella spiralis.
Trichinae Certification Program
(program). A voluntary pre-harvest pork
safety program in which APHIS certifies
pork production sites that follow all of
the required good production practices
that reduce, eliminate, or avoid the risk
of exposure of swine from their sites to
Trichinella spiralis.
Trichinae Identification Number
(TIN). A number assigned to a pork
production site by the APHIS
Administrator.
Trichinella spiralis. A parasitic
nematode (roundworm) capable of
infecting many warm-blooded
carnivores and omnivores, including
swine.
USDA. The United States Department
of Agriculture.
Validated test. An analytical method
licensed by APHIS or accepted by AMS
for the diagnosis of Trichinella spiralis
in swine.
Veterinary medical officer (VMO). A
veterinarian employed by the State or
Federal Government who is authorized
to perform official animal health
activities on their behalf.
Waste feeding logbook. A written
record that documents the presence of
good production practices with respect
to the feeding of meat-containing waste
to swine and compliance with
applicable State and Federal food waste
feeding laws and regulations.
§ 149.2
Program participation.
A producer’s initial enrollment and
continued participation in the trichinae
certification program requires that the
producer adhere to all of the good
production practices, as confirmed by
periodic site audits, and comply with
other recordkeeping and program
requirements provided in this part. Pork
production sites accepted into the
program by APHIS will participate
under one of the following three
program stages:
(a) Stage I enrolled status. (1) Stage I
enrolled status signifies that the site has
met good production practices and other
recordkeeping and program
requirements provided in this part.
(2) Swine from a Stage I enrolled site
cannot be identified as products from a
certified production site.
(3) A Stage I enrolled site must
complete a site audit for Stage II
certified status in accordance with
§ 149.3(d). Under § 149.3(d), the site
audit must be performed no sooner than
150 days from the date the site was
awarded Stage I enrolled status, and
must be completed, with the audit form
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and payment submitted to APHIS, no
later than 210 days from the date the
site was awarded Stage I enrolled status.
(4) A Stage I enrolled site that is
found not to be adhering to one or more
good production practices as a result of
a site audit or spot audit, or that fails to
follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment
for consideration as a Stage II certified
site, will lose its status as a Stage I
enrolled site.
(b) Stage II certified status. (1) Stage
II certified status signifies that the site
is adhering to all of the required good
production practices and other
recordkeeping and program
requirements provided in this part.
(2) An APHIS-issued certificate or
letter indicating the site’s status as a
Stage II certified site must be filed at the
site and be readily available for
inspection.
(3) Swine from a Stage II certified site
may be identified as certified product
from a certified production site.
(4) A Stage II certified site must
complete a site audit for Stage III
certified status in accordance with
§ 149.3(e). Under § 149.3(e), the site
audit must be performed no sooner than
240 days from the date the site was
awarded Stage II certified status, and
must be completed, with the audit form
and payment submitted to APHIS, no
later than 300 days from the date the
site was awarded Stage II certified
status.
(5) A Stage II certified site that is
found not to be adhering to one or more
good production practices as a result of
a site audit or spot audit, or that fails to
meet the Stage III site audit
requirements of § 149.3(e) within the
prescribed timetable, will be decertified
by APHIS as provided in paragraph (e)
of this section. During the time a site is
decertified, swine from that site cannot
be identified as product from a certified
production site.
(c) Stage III certified status. (1) Stage
III certified status signifies that the site
is adhering to all of the required good
production practices and other
recordkeeping and program
requirements provided in this part.
(2) An APHIS-issued certificate or
letter indicating the site’s status as a
Stage III certified site must be filed at
the site and be readily available for
inspection.
(3) Swine from a Stage III certified site
may be identified as certified products
from a certified production site.
(4) A Stage III certified site that is
found not to be adhering to one or more
good production practices as a result of
a site audit or spot audit, or that fails to
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follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment
to determine its continued participation
as a Stage III certified site, will be
decertified by APHIS as provided in
paragraph (e) of this section. During the
time a site is decertified, swine from
that site cannot be identified as product
from a certified production site.
(d) Change of ownership. (1) Stage I
enrolled site. If there is a change in
ownership in a Stage I enrolled site, and
the new ownership wishes to remain in
the program, then the Stage I enrolled
site will remain on the same timetable
as under the previous ownership for
purposes of completing a site audit for
Stage II certified status. No additional
site audit is necessary as a result of the
change of ownership of the site.
(2) Stage II or Stage III certified sites.
Within 60 days of a change in
ownership of a Stage II or Stage III
certified site, a site audit must be
performed in order for the site to
maintain its certified status. It is the
new ownership’s responsibility that a
site audit be performed within 60 days
of the change in ownership, otherwise
the site will be decertified. If the site
audit is satisfactory, then the Stage II or
Stage III certified site will continue in
the program only as a Stage II certified
site. A new program anniversary date
for that site will be established based on
the date the site was audited to continue
in the program as a Stage II certified
site. If the results of the site audit do not
meet program requirements, as
determined by APHIS, the Stage II or
Stage III site will be decertified. Once a
site is decertified by APHIS, either
because the new ownership fails to
arrange for a site audit to be performed
within the allotted 60-day time period,
or because the site is found not to meet
program requirements, a producer
wishing to participate in the program
again must follow the procedures for
requesting an initial audit for Stage I
enrolled status. If a decertified site is
reenrolled after a successful Stage I site
audit, a new program anniversary date
for that site will be established based on
the date of reenrollment.
(e) Site decertification and program
withdrawal. (1) Decertification by
APHIS.
(i) A Stage II or Stage III certified site
that is found not to be adhering to one
or more good production practices as a
result of a site audit or spot audit, or
that fails to follow the prescribed
timetable for completing a site audit and
submitting the completed audit form
and payment to continue participation
in the program, will be decertified by
APHIS.
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(ii) During the time a site is
decertified, swine from such sites
cannot be identified as certified product
from a certified production site.
(iii) Once a site is decertified by
APHIS, a producer wishing to
participate in the program again must
follow the procedures for requesting a
site audit for Stage I enrolled status. If
a decertified site is reenrolled after a
successful Stage I site audit, a new
program anniversary date for that site
will be established based on the date of
recertification. If a decertified site is
recertified after a successful Stage II site
audit, a new program anniversary date
for that site will be established based on
the date of recertification.
(2) Temporary withdrawal by
producer. (i) A producer may request
that one or more certified production
sites be temporarily withdrawn. A
producer’s request must be made in
writing and is subject to the APHIS
Administrator’s approval.
(ii) Each certified production site can
be temporarily withdrawn no more than
once every 2 years for a period not to
exceed 180 days.
(iii) During the time a site is
temporarily withdrawn:
(A) Swine from such sites cannot be
identified as certified product from a
certified production site; and
(B) The producer must continue to
adhere to all good production practices
and other recordkeeping and program
requirements provided in this part,
unless specifically waived by the
Administrator, including
documentation in the animal movement
record of the arrival and departure of all
swine from the site, as well as whether
the swine arriving at the site are from
certified or noncertified sources.
(iv) Before being reinstated as a
certified production site, the
temporarily withdrawn site must pass a
site audit to indicate that it is adhering
to all good production practices
(including any practices previously
waived by the Administrator) as
follows:
(A) The site audit must be performed
while the site is still under temporary
withdrawal status. If swine 5 weeks of
age or older originating from
noncertified sources are received at the
site during the time of withdrawal, then
the site audit for reinstatement must be
performed within 30 days of the date
the last swine from noncertified sources
was removed from the site, but no later
than 180 days from the date the site was
granted temporary withdrawal status.
(B) If the results of the site audit are
satisfactory and it is determined that the
site is adhering to good production
practices and other program
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requirements provided in this part, then
the withdrawn site will be reinstated as
a Stage II certified site. The timetable for
performing future site audits for
attaining and renewing Stage III
certified status will be based on the date
the site was reinstated as a Stage II
certified site.
(C) If the results of the site audit are
not satisfactory due to the producer’s
failure to adhere to one or more good
production practices, or, if the period of
temporary withdrawal has exceeded 180
days, then the site will be decertified by
APHIS. Once the site is decertified by
APHIS, the producer must follow the
procedures for requesting an initial site
audit for Stage I enrolled status in order
for the site to be reenrolled in the
program. If a site is decertified by
APHIS and then reenrolled after a
successful Stage I site audit, a new
program anniversary date for that site
will be established based on the date of
enrollment.
(3) Program withdrawal. (i) If a
producer decides to withdraw one or
more of pork production sites from the
program, then it is the producer’s
responsibility to notify the APHIS
Administrator in writing of this intent.
When this is done, the site will be
removed from the program.
(ii) If at a later date the producer
requests that a site be reinstated in the
program, then the producer must follow
the procedures for requesting an initial
audit for Stage I enrolled status. If a
withdrawn site is reenrolled after a
successful Stage I site audit, then a new
program anniversary date for that site
will be established based on the date of
reenrollment.
(f) Request for review. If there is a
conflict as to any material fact relating
to the results of a site audit, spot audit,
or other determination affecting a
producer’s program status or ability to
participate in the program, the producer
may submit a written request for review
to the Administrator. The producer
must include in the request the reasons,
including any supporting
documentation, why the audit result or
other determination should be different
than the result or determination made
by the Administrator. The initial audit
result or other determination will
remain in force pending the completion
of the Administrator’s review. The
decision by the Administrator upon
reviewing the producer’s written request
will be final.
§ 149.3
Site audit.
(a) General. (1) The producer must
contact a QAV to request a site audit. A
list of available QAVs may be obtained
by accessing the Trichinae Certification
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Program Web site on the Internet at
https://www.aphis.usda.gov/vs/trichinae,
or by contacting the APHIS area office.2
If a QAV is not available to perform a
site audit, the producer may then
contact the APHIS area office to request
that a QVMO perform the site audit. The
site audit is to be arranged at a mutually
agreed-upon time.
(2) The producer or the producer’s
designated representative will
accompany the auditor during the site
audit.
(3) During the site audit, the auditor
will record whether the producer is
adhering to all of the required good
production practices at the site, as
provided in paragraph (b) of this
section, in order to reduce, eliminate, or
avoid the risk of exposure of swine to
Trichinella spiralis.
(4) The auditor will use APHISapproved audit forms in performing the
site audit. After the auditor has
completed all sections of the audit form,
the producer or the producer’s
designated representative must sign the
audit form attesting to the accuracy of
the information obtained during the site
audit and to evidence his or her intent
to continue adhering to the good
production practices and other program
requirements, as provided in this part.
The auditor also must sign the audit
form at this time.
(5) The producer is responsible for the
cost of each site audit performed at the
pork production site. If a QAV performs
the site audit, then the producer will
pay the QAV directly at a mutually
agreed-upon time and rate. If a QVMO
performs the site audit, then the
producer will pay the QVMO at the time
the site audit is performed in
accordance with the rate and other
conditions set by the QVMO’s
governmental employer. If an APHISemployed QVMO performs the site
audit, then the producer will pay APHIS
by certified check or U.S. money order
for this service at a rate determined in
accordance with § 149.8.
(6) In addition to the cost of the site
audit, the producer is also responsible
for paying a separate program fee in an
amount specified in § 149.8 to cover
APHIS’ administrative costs in
processing the audit and operating the
program. This program fee, payable to
APHIS by certified check or U.S. money
order, must be remitted to the auditor at
the time each site audit is performed.
(7) The auditor will submit the
completed audit form, program fee, and
payment for the services of an APHIS2 Telephone numbers for APHIS area offices can
be found in local telephone books or on the Internet
at https://www.aphis.usda.gov/vs/area_offices.htm.
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employed QVMO, if applicable, to the
nearest APHIS area office. If a QAV
performs the site audit, the producer
will be responsible for ensuring that the
QAV submits the completed audit form
and program fee to APHIS in a timely
manner.
(8) Upon receipt of the completed
audit form and payment, APHIS will
determine the initial enrollment or
certification status for the site based on
an evaluation of the site audit. APHIS
will provide the producer with written
notification of the audit results. Pork
production sites that meet all good
production practices as provided in
paragraph (b) of this section, as well as
other program requirements provided in
this part, will be issued program status
at the appropriate program stage.
(9) If the site audit shows that the site
does not meet all good production
practices or other program
requirements, APHIS will provide the
producer with written notification that
includes documentation of the
deficiencies that prevented the site from
being conferred program status.
(b) Good production practices. In a
site audit, the auditor will determine
whether all of the required good
production practices are being carried
out at the site to reduce, eliminate, or
avoid the risk of exposure of swine to
Trichinella spiralis as follows:
(1) The movement of all non-breeding
swine 5 weeks of age or older into or
from the pork production site must be
documented in an animal movement
record, as provided in § 149.7, that
ensures that all such swine moved into
or from the site can be subsequently
traced back to that site, or to any
previous site (if applicable).
(2) All non-breeding swine entering a
site must have originated from another
certified production site, except that
non-breeding swine less than 5 weeks of
age may have originated from either a
certified or noncertified production site.
The animal movement record must
include the TIN of the certified
production site from which the swine
originated. If the swine are less than 5
weeks of age and come from a
noncertified site, then the animal
movement record must provide the
name and full address of the
noncertified site where the swine
originated.
(3) Feed or feed ingredients from
offsite sources that are used at the site
must meet good manufacturing practices
or other quality assurance standards
recognized by the feed industry. The
adherence to good manufacturing
practices or other quality assurance
standards must be documented in a feed
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mill quality assurance affidavit, as
provided in § 149.7.
(4) Swine housing and feeding areas,
feed preparation and storage areas, and
office areas and connecting hallways at
the site must be inspected regularly and
found free of fresh signs rodent and
wildlife activity. Any movable
harborage (exterior or interior) on the
site that is not necessary to the day-today operation of the site must be
removed. Harborage that cannot be
removed or is movable but necessary to
the day-to-day operation of the site (e.g.,
bales of hay, etc.) must be checked for
signs of rodent or wildlife activity (e.g.
fresh droppings, tracks, signs of
gnawing or burrowing). In addition,
domesticated animals, including pets
such as dogs and cats, must be excluded
from the swine housing and feeding
areas and feed preparation and storage
areas at the site (evidence of rodent
activity or rodent infestation consists of
fresh rodent droppings, fresh gnawing
marks, new structural damage, rodent
urine, rodent blood, rodent smear marks
(body oil), rodent tracks, or recent
burrowing or burrow use. Evidence of
wildlife activity consists of wildlife
feces, footprints, fur, or hair observed in
or near the stored feed or feed
ingredients, dead or live wildlife
observed in or near the stored feed or
feed ingredients, or wildlife burrows or
nests observed in or near the stored feed
or feed ingredients). Exterior rodent bait
stations and/or traps must be placed
around the perimeter of those
building(s) housing the swine, as well as
around the perimeter of outdoor swine
feeding areas. Exterior rodent bait
stations and/or traps also must be
placed around areas of potential rodent
entry into building(s) used to house and
feed swine (i.e., doorways, vent
openings, loading chutes, cool cells,
etc.). Interior rodent bait stations and/or
traps must be placed near high-risk
rodent zones such as entryways,
hallways, office areas, swine load out
areas, vents, cool cells, storage areas,
utility rooms, cabinets, locker rooms,
bathrooms, and break rooms, and
systematically maintained. Interior
rodent bait stations and/or traps must be
placed so that swine will not come in
contact with the bait or trap. Rodent bait
stations and/or traps also must be
placed near exterior or interior
harborage on the site that cannot be
removed or that is movable but
necessary to the day-to-day operation of
the site. In all instances, rodent bait
stations must be intact, systematically
maintained, and contain fresh bait that
consists of an EPA-registered
rodenticide formulation that is applied
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according to its label. In addition, a
sterile zone must be maintained around
the perimeter of those building(s) used
to house and feed swine. The sterile
zone must be devoid of any harborage
or feed or water sources that could
attract rodents or wildlife, but must
contain rodent bait stations and/or
rodent traps. The sterile zone also must
be devoid of any vegetation unless it is
decorative vegetation that is well
maintained (i.e., residential height grass,
flowers, shrubs, or trees). A sterile zone
with decorative vegetation will require
increased rodent control measures. The
producer must provide documentation
of rodent control practices by
maintaining at the site an up-to-date
rodent control logbook with a site
diagram and other recordkeeping
evidencing implementation of rodent
control measures, which can include
documents provided by a pest control
operator, as provided in § 149.7.
(5) Feed or feed ingredients stored at
the site must be prepared, maintained,
and handled in a manner that protects
the feed or feed ingredients from
possible exposure to or contamination
by rodents or wildlife. Any movable
harborage in the immediate vicinity of
feed production and feed storage areas
that is not necessary to the day-to-day
operation of the site must be removed.
Harborage that cannot be removed or
harborage that is movable but necessary
to the day-to-day operation of the site
(e.g., bales of hay, etc.) must be checked
for signs of rodent or wildlife activity.
Rodent bait stations and/or traps must
be placed around (and in, if applicable)
all feed preparation and storage areas, as
well near any harborage in the vicinity
that cannot be removed or that is
movable but necessary to the day-to-day
operation of the site. Rodent bait
stations must be intact, systematically
maintained, and contain fresh bait that
consists of an EPA-registered
rodenticide formulation that is applied
according to its label. In addition, feed
or feed ingredients that are stored in
paper bags must be elevated off the floor
and be a sufficient distance away from
the walls to allow for inspection,
baiting, and/or trapping. The rodent
control logbook, as provided in § 149.7,
must document that adequate rodent
control procedures have been
implemented in the feed production and
feed storage areas.
(6) Swine must not have access to
wildlife harborage or dead or live
wildlife at the site. This harborage
limitation includes wood or wooded
lots and other natural wildlife access
areas. Dead or live wildlife must not be
intentionally fed to swine.
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(7) If meat-containing waste is fed to
swine at the site, then the producer
must hold a license or permit that
authorizes the feeding of such waste to
swine. Cooking times and temperatures
of meat-containing waste must be
consistent with applicable State and
Federal laws and regulations. In
addition, up-to-date records of waste
feeding and cooking practices, in the
form of a waste feeding logbook must be
maintained at the site, as provided in
§ 149.7. Cooked food waste products
that are stored prior to feeding must not
be mixed or contaminated with
uncooked or undercooked meat waste
material. Household food waste,
regardless of whether it contains meat or
is cooked or undercooked, also must not
be fed to swine.
(8) Procedures must be in place and
carried out for the prompt removal and
proper disposal of dead swine or swine
remains found in pens in order to
eliminate the opportunity for
cannibalism, as well as to prevent the
attraction of rodents or wildlife. Such
procedures must be documented in the
animal disposal plan, as provided in
§ 149.7.
(9) General hygiene and sanitation of
the site must be maintained at all times
to prevent the attraction of rodents and
wildlife. Solid non-fecal waste (facility
refuse) must be placed in covered
receptacles and be regularly removed
from the site. Spilled feed also must be
regularly removed and properly
disposed of.
(10) All records required under
§ 149.7 must be kept up-to-date and
readily available for inspection at the
site.
(c) Initial site audit for Stage I
enrolled status. (1) Producers interested
in participating in the program should
request and review a pre-audit
information packet prepared by APHIS
that discusses the program, as well as
the steps in preparing for and requesting
an initial site audit.3 When the producer
and the producer’s herd health
personnel believe that a site meets
program standards, the producer may
arrange for an initial site audit, as
provided in paragraph (a) of this
section.
(2) Upon completion of the initial site
audit and submission of the completed
audit form and payment, APHIS will
3 The pre-audit information packet may be
obtained from a qualified accredited veterinarian
(QAV), State or Federal animal health offices, or the
National Pork Board, or by writing to: USDA,
APHIS, Veterinary Services, Trichinae Certification
Program, 210 Walnut St., Room 891, Des Moines,
IA 50309. A pre-audit packet also may be requested
electronically through the program Web site on the
Internet at https://www.aphis.usda.gov/vs/trichinae.
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review the completed audit form and
make a determination within 30 days as
to enrollment of the site in the program.
A pork production site that is found to
meet all good production practices and
other program requirements in this part
will be awarded Stage I enrolled status.
(d) Site audit for Stage II certified
status. (1) A producer of a Stage I
enrolled site must arrange for another
site audit for Stage II certified status.
The site audit must be performed no
sooner than 150 days (i.e.,
approximately 5 months) from the date
the site was awarded Stage I enrolled
status, and must be completed, with the
audit form and payment submitted to
APHIS, no later than 210 days (i.e.,
approximately 7 months) from the date
the site was awarded Stage I enrolled
status.
(2) APHIS will review the completed
audit form and make a determination as
to Stage II certified status within 7 days
of receipt of the audit form and
payment. (i) A Stage I enrolled site that
is found to meet all good production
practices and other program
requirements in this part will be
awarded Stage II certified status.
(ii) A Stage I enrolled site that is
found, during a site audit, not to be
adhering to one or more good
production practices, or that fails to
follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment,
will not be awarded Stage II certified
status and will lose its program status as
a Stage I enrolled site.
(e) Site audit for Stage III certified
status. (1) A producer of a Stage II
enrolled site must arrange for another
site audit for Stage III certified status.
The site audit must be performed no
sooner than 240 days (i.e.,
approximately 8 months) from the date
the site was awarded Stage II certified
status, and must be completed, with the
audit form and payment submitted to
APHIS, no later than 300 days (i.e.,
approximately 10 months) from the date
the site was awarded Stage II certified
status.
(2) APHIS will review the completed
audit form and make a determination as
to Stage III certified status within 30
days of receipt of the audit form and
payment. (i) A Stage II certified site that
is found to meet all good production
practices and other program
requirements in this part will be
awarded Stage III certified status.
(ii) A Stage II certified site that is
found, during a site audit, not to be
adhering to one or more good
production practices, or that fails to
follow the prescribed timetable for
completing a site audit and submitting
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the completed audit form and payment,
will be subject to decertification by
APHIS as provided in § 149.2(e).
(f) Site audit for renewal of Stage III
certified status. (1) A producer seeking
to renew a site’s Stage III certified status
must arrange for another site audit. The
site audit must be performed no sooner
than 14 months from the date the site
was awarded Stage III certified status or
the date that status was last renewed,
and must be completed, with the audit
form and payment submitted to APHIS,
no later than 16 months from either the
date the site was awarded Stage III
certified status or the date that the status
was last renewed.
(2) APHIS will review the completed
audit form and make a determination as
to renewing the site’s Stage III certified
status within 30 days of receipt of the
audit form and payment. (i) A Stage III
certified site that is found to meet all
good production practices and other
program requirements in this part will
have its status Stage III certified site
renewed.
(ii) A Stage III certified site that is
found, during a site audit, not to be
adhering to one or more good
production practices, or that fails to
follow the prescribed timetable for
completing a site audit and submitting
the completed audit form and payment,
will be subject to decertification by
APHIS as provided in § 149.2(e).
§ 149.4
Spot audit.
(a) In addition to regularly scheduled
site audits, certified production sites
will be subject to spot audits. (1)
Random spot audit. Certified
production sites will be selected by the
APHIS Administrator at random for a
spot audit in order to:
(i) Ensure the integrity of the audit
process;
(ii) Verify that the audit process is
performed in a consistent manner across
the program; and
(iii) Verify that all required good
production practices are being
maintained between regularly
scheduled site audits.
(2) Spot audit for cause. A certified
production site may be subject to a spot
audit to trace back and investigate any
positive test results as a result of testing
of certified swine from that site at the
slaughter facility.
(b) All spot audits will be performed
by a QVMO. The producer of the
certified production site subject to spot
audit will not be charged for the spot
audit. APHIS will provide the producer
with written notification of the results
of the spot audit, including
documentation of any deficiencies
noted during the audit. If the site is
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found not to be adhering to one or more
of the required good production
practices, then the site will be subject to
decertification by APHIS as provided in
§ 149.2(e).
§ 149.5 Offsite identification and
segregation of certified swine.
Certified swine moved from a
certified production site to another
location, whether to another certified
production site, buying station,
collection point, or slaughter facility,
must remain segregated from
noncertified swine at all times and
otherwise maintain their identity as
certified swine in such a way that they
could be readily traced back to the
certified production site from which
they came. Information relating to the
identification of the certified swine
must be documented in the animal
movement record maintained by the
producer. Failure to properly segregate
or maintain the identity of certified
swine from noncertified swine after
leaving the certified production site will
result in the loss of certified status for
that shipment of swine.
§ 149.6
Slaughter facilities.
Only slaughter facilities that are
under continuous inspection by the
Food Safety and Inspection Service or
under State inspection that the Food
Safety and Inspection Service has
recognized as equivalent to Federal
inspection may participate in the
program. To participate in the program,
slaughter facilities must follow the
relevant provisions of this section
relating to verification, segregation,
testing, and recordkeeping. Participating
slaughter facilities that fail to comply
with any of the applicable requirements
of this section will not be allowed to
continue to participate in the Trichinae
Certification Program and the pork or
pork products prepared by the facility
will not be eligible for a certificate of
export that identifies the product as
meeting the standards of the Trichinae
Certification Program.
(a) Verification of certification. A
slaughter facility receiving certified
swine must verify the current
certification status of the pork
production site from which the animals
came. The current certification status
may be verified by maintaining dated
certification documentation on file or by
accessing the Trichinae Certification
Program Web site on the Internet at
https://www.aphis.usda.gov/vs/trichinae.
If the slaughter facility is unable to
verify a site’s certification status
through documentation on file or
through the program Web site, the
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slaughter facility then should contact
the APHIS area office in the State where
the site is located.
(b) Maintaining identity and
segregation of certified swine and pork
products. For certified swine to be
identified as certified pork, certified
swine and edible pork products derived
from certified swine must remain
segregated from swine and edible pork
products from noncertified sites
throughout receiving, handling, and
processing at the slaughter facility, as
well as while awaiting shipment from
the facility. The slaughter facility must
maintain the identity of the certified
swine or pork in a manner that allows
the certified swine or pork to be traced
back to the certified production site
from which it came. A slaughter
facility’s failure to properly segregate or
maintain the identity of certified swine
and edible pork products derived from
the certified swine will result in the loss
of certified status for that shipment of
swine, as well as the edible pork
products derived from those animals.
(c) Process-verification testing. A
slaughter facility processing certified
swine is responsible for performing
process-verification testing at its
expense to determine the Trichinella
spiralis infection status of certified
swine under its control as follows:
(1) Validated tests. Processverification testing must be performed
by using a validated test.4
(2) Laboratory approval. Processverification testing must be performed
in an approved laboratory that has been
approved for trichinae testing by the
Agricultural Marketing Service (AMS).5
The approved laboratory may be
maintained and operated by the
slaughter facility or by another business
entity either on the premises of the
slaughter facility or at another location.
Laboratory staff performing processverification testing must be accredited
by AMS to perform this program
function. For purposes of quality
assurance, all laboratory staff approved
to perform process-verification testing
will receive periodic proficiency test
panels from AMS that must be analyzed
correctly in order to maintain their
approval status.
(3) Testing sample size and frequency.
Process-verification testing must meet
the following minimum requirements
relating to sample size and frequency:
(i) Slaughter facility representatives
shall determine the yearly processing
capacity of the slaughter facility for the
27683
next 12 months. Officials may use the
processing capacity over the previous 12
months if this period is representative of
a typical processing year.
(ii) Slaughter facility representatives
shall estimate the percentage of swine
processed that are likely to come from
certified production sites considering all
swine expected to be processed at the
slaughter facility during the selected 12month period. Swine that come from
certified production sites are considered
the eligible population to be sampled.
(iii) Slaughter facility representatives
shall use the Trichinae Certification
Slaughter Facility Sample Size
Determination Table (see table 1) to find
the number of samples to collect from
the population of swine from certified
production sites. If the eligible
population is not listed in table 1, the
next largest number will be used to
determine the number of samples to
collect. Select the number of samples to
collect from the column that reflects a
99 percent confidence level of detecting
a positive carcass in the population. The
number selected from table 1 will be the
total number of samples that slaughter
facility representatives must collect and
test per year and per month during the
selected 12-month period.
TABLE 1.—TRICHINAE CERTIFICATION SLAUGHTER FACILITY SAMPLE SIZE DETERMINATION
Samples to collect
from the population per year at
a 99 percent
confidence level
Certified swine from certified production sites processed per slaughter facility per year
Samples to collect
from the population per month
at a 99 percent
confidence level
1,000
4,996
18,938
29,828
32,462
33,899
34,802
35,110
35,266
35,297
84
417
1,578
2,486
2,705
2,825
2,900
2,926
2,939
2,942
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1,000 ............................................................................................................................................................
5,000 ............................................................................................................................................................
25,000 ..........................................................................................................................................................
100,000 ........................................................................................................................................................
200,000 ........................................................................................................................................................
400,000 ........................................................................................................................................................
1,000,000 .....................................................................................................................................................
2,000,000 .....................................................................................................................................................
4,000,000 .....................................................................................................................................................
5,000,000 .....................................................................................................................................................
(iv) For each sample collected,
slaughter facility representatives must
maintain the identity of the sample
using the TIN of the certified production
site that was the source of the swine
from which the sample was taken.
(v) FSIS program employees at the
slaughter facility will review and verify
that an adequate number of samples
have been collected and that proper
frequency of collection is maintained.
FSIS will report this information to
APHIS.
(vi) AMS representatives will verify
through a laboratory approval audit that
the laboratory performing processverification testing is correctly following
written procedures relating to the
receipt, handling, identification, and
testing of samples. These written
procedures must be maintained by the
laboratory in a quality assurance
manual, as provided in paragraph (c)(6)
of this section. In addition, a laboratory
that performs process-verification
testing at a location other than the
slaughter facility must include a
declaration of methodology used to test
samples when providing test results.
(vii) The APHIS Administrator may,
at APHIS’ expense, periodically request
that testing be performed on swine
brought to the slaughter facility from
specific certified production sites.
Requests to test swine from specific
certified production sites will count
towards the slaughter facility’s total
monthly testing requirement.
4 A copy of the testing methods and checklist for
conducting validated tests may be obtained by
contacting the Trichinae Program Manager, USDA,
AMS, Science and Technology, Technical Services
Branch, 1400 Independence Avenue, SW., Mail
Stop 0272, Washington, DC 20250–0272; or by
telephone at (202) 690–0621.
5 A copy of the AMS Trichinae Accredited
Laboratory Program Requirements may be obtained
by contacting the Trichinae Program Manager (see
footnote 3).
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(4) Results of testing. (i) The results of
all process-verification testing relating
to certified swine handled at the
slaughter facility must be retained in a
separate file or notebook as written
records at the slaughter facility and
must be readily available for inspection
by FSIS program employees.
(ii) FSIS will report to APHIS the
results of all process-verification testing.
(iii) In the event of a positive test
result, the slaughter facility
representative must notify the FSIS
program employee designated by the
FSIS Administrator immediately, who
in turn will report the TIN of the
certified production site that was the
source of the swine from which the
sample was taken and the test results of
the affected sample to the respective
APHIS area office. The following
sequence of events must take place
following a positive test result:
(A) If a test sample yields a positive
test result based on the digestion
method, the certified production site
that was the source of the swine from
which the sample was taken will be
decertified.
(B) If a test sample yields a positive
test result based on an ELISA method
and is confirmed positive by further
testing using the digestion method, the
certified production site that was the
source of the swine from which the
sample was taken will be decertified.
(C) If a test sample yields a positive
test result based on an ELISA method,
but is not confirmed positive by further
testing using the digestion method, then
the certified production site that was the
source of the swine from which the
sample was taken will be investigated
by APHIS.
(1) The investigation may include a
spot audit of the affected site. Further
testing of animals or carcasses from the
affected site also may be performed as
part of the investigation. This
investigation would determine if the
production facility has sufficient
safeguards and is following good
production practices.
(2) While the affected site is under
investigation, its program status as a
certified production site will be
suspended. While the site is under
suspension, the producer must continue
to adhere to all of the required good
production practices and other
recordkeeping and program
requirements provided in this part;
however, swine from the suspended site
cannot be identified as product from a
certified production site. The
Administrator will determine the
program status of the affected site
within 30 days of the initiation of the
suspension.
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(3) A finding that risk factors are
inadequately addressed in the site
investigation or the finding of additional
positive test results based on samples
from animals or carcasses from the
affected site will be grounds for APHIS
decertification of the site.
(5) Slaughter facility recordkeeping.
(i) All slaughter facilities that receive
certified swine must maintain records
relating to such animals, including the
number of certified swine processed, the
source of the certified swine, including
the TIN of the certified production site
from which the swine came from, and
all test results relating to processverification testing. Records relating to
certified swine must be retained at the
slaughter facility for a period of at least
3 years following the processing of such
animals.
(ii) All slaughter facilities must have
documented procedures on how
certified swine under its control, and
edible pork products derived from
certified swine, will remain segregated
from swine and edible pork products
from noncertified sites throughout
receiving, handling, and processing at
the facility, as well as while awaiting
shipment from the facility. The
slaughter facility must also have
documented procedures for maintaining
the identity of the certified swine or
pork with respect to the certified
production site from which it came.
(iii) All such records and other
documentation required to be
maintained by slaughter facilities under
this part must be readily available for
inspection by FSIS program employees.
(6) Approved laboratory
recordkeeping. Approved laboratories
must have written procedures that
specify standards for sample size,
sample handling, sample identification,
and sample test methods used in
process-verification testing. All such
written procedures must be maintained
in a laboratory quality assurance manual
specifically for this program, or as a
separate section of an existing
laboratory quality assurance manual,
and must be retained at the approved
laboratory throughout the time the
approved laboratory is performing
process-verification testing under this
program. All such written procedures
relating to process-verification testing
must be readily available for inspection
by FSIS program employees or AMS
representatives.
(7) Slaughter facility overall
responsibility for process-verification
testing. The slaughter facility is
responsible for obtaining testable
samples and for ensuring that the
correct number of testable samples are
sent to the testing laboratory. Once the
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slaughtering facility receives the test
results, it is responsible for reporting
those results in its facility trichinae
testing record. Moreover, the slaughter
facility is responsible for ensuring that
process-verification testing is carried
out in accordance with this part,
including the reporting of test results,
regardless of whether it is performed at
the slaughter facility or another
location, and regardless of whether the
testing is performed by slaughter facility
personnel or other persons.
§ 149.7
Recordkeeping at site.
(a) Stage I enrolled sites, Stage II or
Stage III certified sites, and any site that
has been suspended or voluntarily
decertified must maintain the following
program records: Animal disposal plan,
animal movement record, feed mill
quality assurance affidavit (if
applicable), rodent control logbook, and
waste feeding logbook (if applicable).
All such records must be readily
available for inspection at the pork
production site at the time of an audit
by a QAV or QVMO, or by other APHIS
representatives during normal business
hours.
(1) Animal disposal plan. The animal
disposal plan must meet the following
minimum requirements:
(i) It must provide for the removal of
all dead swine or swine remains from
swine pens immediately upon
detection. Inspections for purposes of
detecting dead animals must occur at
least once every 24 hours.
(ii) It must specify how often and at
what intervals the swine pens are
observed each day.
(iii) It must provide for the proper
storage of dead swine or swine remains
in accordance with local, State, and
Federal laws and regulations. If the
carcass storage facility or composting
facility is located on the site, then the
animal disposal plan must provide for a
storage or composting facility that
precludes rodent or wildlife contact
with dead swine or swine remains being
stored or composted.
(iv) It must provide for the disposal of
swine and other mammals by rendering,
incineration, composting, burial, or
other means, as allowed by and in
accordance with local, State, and
Federal laws and regulations. For sites
that use rendering services, the animal
disposal plan also must include the
name, address, and phone number of
the renderer.
(v) It must be updated as animal
disposal practices are changed at the
site.
(vi) It must be signed and dated by the
producer, as well as the caretaker of the
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site (if the caretaker is a different person
than the producer).
(vii) It may be valid for a period no
longer than 2 years after the date of
signature by the producer and (if
applicable) the site caretaker.
(2) Animal movement record. The
animal movement record must meet the
following minimum requirements:
(i) It must be filled out completely
and properly, accounting for the
movement of all non-breeding swine
into and from the pork production site.
(ii) In the case of non-breeding swine
coming into the site, it must include the
date and number of arriving animals, as
well as the TIN of the certified
production site where the animals
originated, or alternatively, if the swine
are less than 5 weeks of age and
originated from a noncertified site, the
name and full address of the
noncertified site where the animals
originated. The animal movement
record must clearly document that all
non-breeding swine 5 weeks of age or
older arriving at the site originated from
another certified production site.
(iii) In the case of non-breeding swine
leaving the site, it must include the date
and number of departing animals, and
their destination.
(iv) It must document the number of
dead non-breeding swine that are
removed from the site, as well as the
number of dead non-breeding swine that
are buried or composted at the site, if
swine burial or composting is permitted
in that State or locality.
(v) All entries to the animal
movement record must be signed or
initialed and dated by the producer or
other site caretaker making the entry.
(3) Rodent control logbook. The
rodent control logbook, which may
include records from a pest control
operator, must meet the following
minimum requirements:
(i) It must include a rodent control
diagram for the site indicating the
location of all rodent bait stations and
rodent traps at the site. The diagram
must be updated whenever bait stations
are added, moved, or removed.
(ii) It must document the number of
rodent traps set (if applicable), the
number of new rodent bait stations set,
and how often bait is refreshed.
(iii) It must document the disposal
method for all unused bait that is
replaced.
(iv) It must document the brand name
and active ingredient of bait, which
must be EPA registered and applied
according to its label, as well as the
quantity of bait used (number of
pounds).
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(v) If possible, it should document the
number of rodents caught or killed and
indicate how many were rats.
(vi) If possible, it should document
the number of rats sighted monthly.
(vii) All entries to the rodent control
logbook must be signed or initialed, as
well as dated by the producer or other
site caretaker making the entry. It must
be updated at least monthly.
(4) Feed mill quality assurance
affidavit. The feed mill quality
assurance affidavit, to be used in
conjunction with feed or feed
ingredients delivered to the pork
production site, must meet the
following minimum requirements:
(i) It must include the name of the
producer and the identity of the site,
including the TIN if it has been issued,
and the site address, as well as the name
and address of the feed mill and the
name and title of the feed mill
representative.
(ii) It must provide that the feed mill
is following good manufacturing
practices, and further specify, as
evidence of these good manufacturing
practices, the following:
(A) That the feed mill has a rodent
control system that is maintained by the
feed mill itself or by a pest control firm
(include name and address of pest
control firm).
(B) The frequency with which such
rodent control system is maintained
(i.e., on a weekly basis, etc.); and
(C) That the feed mill maintains
records of pest management practices or
has records generated by a pest control
operator, which must be made available
to the producer upon request.
(iii) It must be signed by the feed mill
representative and by the producer or
the producer’s designated
representative, to remain in effect for a
period of 2 years.
(5) Waste feeding logbook. If the
producer feeds meat-containing food
waste to swine at the site, the producer
must maintain a waste feeding logbook
that meets the following minimum
requirements:
(i) It must include the name of the
producer and the identity of the site,
including the TIN if it has been issued,
the site address, and the number of the
license or permit authorizing the
feeding of such waste to swine.
(ii) It must be kept up-to-date with
documentation evidencing adherence to
applicable State and Federal food waste
feeding laws and regulations.
(iii) It must provide information as to
the method used in cooking the meatcontaining food waste.
(iv) For each batch of meat-containing
food waste cooked, it must record the
batch number (if applicable to the
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27685
operation), the temperature at which
such food waste is cooked and the
length of time it is held at that
temperature, and the method for
verifying the temperature and length of
time cooked.
(v) For each batch of meat-containing
food waste cooked, it must document
the sources of meat.
(vi) It must evaluate and document on
at least a monthly basis the level of
sanitation of the site, taking into
account the following factors:
(A) Whether garbage containers are
clean and covered with lids;
(B) Sanitation of cooking area and
equipment;
(C) Sanitation of feeding areas and
waste disposal;
(D) Sanitation of storage areas;
(E) Rodent control system around
equipment, storage, and feeding areas;
(F) Sanitation of waste hauling trucks
or containers;
(G) Access of other animal species to
food waste (wild animals, dogs, cats,
etc.); and
(H) The potential for crosscontamination between cooked product
and raw meat-containing food waste.
(vii) All entries to the waste feeding
logbook must be signed or initialed, as
well as dated, by the producer or other
site caretaker making the entry.
(b) All such records and other
documentation required under this
section must be retained at the pork
production site for a period of 2 years.
(c) All such records and other
documentation required under this
section must be readily available for
inspection at the pork production site at
the time of an audit by a QAV or
QVMO, or by other APHIS
representatives during normal business
hours.
§ 149.8
Program fees and charges.
(a) Site audit. The producer is
responsible for the cost of each site
audit performed at the pork production
site.
(1) If a QAV performs the site audit,
then the producer will pay the QAV
directly at a mutually agreed-upon time
and rate.
(2) If a QVMO performs the site audit,
then the producer will pay the QVMO
at the time the site audit is performed
in accordance with the rate and other
conditions set by the QVMO’s
governmental employer. Further, if the
QVMO who performs the site audit is
employed by APHIS, then the producer
will pay APHIS for this service at the
hourly rate listed in table 2 for each
employee required to perform the
service. If the APHIS-employed QVMO
performs the site audit on a Sunday, on
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a holiday, or at any time outside the
normal tour of duty of that employee,
then the producer will pay APHIS for
this service at the hourly rate listed in
table 3 for each employee required to
perform the service. Payment to APHIS
for the services of an APHIS-employed
QVMO, by certified check or U.S.
money order, must be remitted to the
QVMO at the time the site audit is
performed.
program. This program fee, payable to
APHIS by certified check or U.S. money
order, is due at the time of submitting
the completed site audit form for APHIS
evaluation.
(c) A producer will not be charged for
the cost of having a spot audit
performed at the pork production site.
PART 161—REQUIREMENTS AND
STANDARDS FOR ACCREDITED
VETERINARIANS AND SUSPENSION
OR REVOCATION OF SUCH
ACCREDITATION
§ 149.9
Authority: 7 U.S.C. 8301–8317; 15 U.S.C.
1828; 7 CFR 2.22, 2.80, and 371.4.
Pilot program sites.
Pork production sites participating in
an APHIS-approved trichinae pilot
TABLE 2.—RATES FOR SERVICES OF program at the time of implementation
of the Trichinae Certification Program
QVMO
on [effective date of final rule] will
maintain their same program status as
Beginning
either a Stage I enrolled, Stage II
Oct. 1, 2003
certified, or Stage III certified site, as
Hourly rate:
well as their same program anniversary
Per hour .........................
$84.00 date for purposes of completing a site
Per quarter hour ............
21.00
audit and submitting the completed
Per service minimum fee
25.00
audit form and payment.
PART 160—DEFINITION OF TERMS
TABLE 3.—OVERTIME RATES FOR
SERVICES OF QVMO (OUTSIDE THE
3. The authority citation for part 160
EMPLOYEE’S NORMAL TOUR OF would continue to read as follows:
DUTY)
Authority: 7 U.S.C. 8301–8317; 15 U.S.C.
Beginning
Oct. 1, 2003
Premium hourly rate Monday
through Saturday and holidays:
Per hour .........................
Per quarter hour ............
Premium hourly rate for Sundays:
Per hour .........................
Per quarter hour ............
$100.00
25.00
1828; 7 CFR 2.22, 2.80, and 371.4.
4. In § 160.1, a new definition would
be added, in alphabetical order, for
qualified accredited veterinarian (QAV)
to read as follows:
§ 160.1
Definitions.
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*
*
*
*
Qualified accredited veterinarian
112.00 (QAV). An accredited veterinarian who
28.00 has been granted an accreditation
specialization by the Administrator
pursuant to § 161.5 of this subchapter
(b) Program fee. The producer must
based on completion of an APHISpay APHIS a program fee at the time of
approved orientation or training
each site audit in the amount of $51 to
program.
cover APHIS’ administrative costs in
processing the audit and operating the
*
*
*
*
*
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5. The authority citation for part 161
would continue to read as follows:
6. Section 161.5 would be added to
read as follows:
§ 161.5
Specialization.
An accreditation specialization
recognized by the Administrator may be
granted to an accredited veterinarian
upon completion of an orientation or
training program approved by APHIS.
For certain accredited specializations,
the cost of orientation or training may
be borne by the accredited veterinarian.
An accredited veterinarian granted an
accreditation specialization will be
referred to as a qualified accredited
veterinarian or QAV. A QAV will be
authorized to perform those activities
and functions specifically provided for
elsewhere in this chapter, for example,
in part 149.1
Done in Washington, DC, this 7th day of
May 2007.
Bruce Knight,
Under Secretary for Marketing and Regulatory
Programs.
[FR Doc. E7–9236 Filed 5–15–07; 8:45 am]
BILLING CODE 3410–34–P
1 For further information on accreditation
specializations, including training requirements
and fees, contact the National Veterinary
Accreditation Program, VS, APHIS, 4700 River
Road Unit 46, Riverdale, MD 20737, phone (301)
734–6188.
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Agencies
[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Proposed Rules]
[Pages 27656-27686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9236]
[[Page 27655]]
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Part VI
Department of Agriculture
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Animal and Plant Health Inspection Service
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9 CFR Parts 149, 160, and 161
Trichinae Certification Program; Proposed Rule
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 /
Proposed Rules
[[Page 27656]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 149, 160, and 161
[Docket No. APHIS-2006-0089]
RIN 0579-AB92
Trichinae Certification Program
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to establish a voluntary Trichinae
Certification Program for U.S. pork that has been produced under
disease-prevention conditions. Under the proposed program, we would
certify pork production sites that follow prescribed good production
practices that reduce, eliminate, or avoid the risk of exposure of
animals to the zoonotic parasite Trichinella spiralis, a disease of
swine. Such a program should enhance the ability of producers to export
pork and pork products to overseas markets. This proposed program,
which would be funded by program fees, has been developed as a
cooperative effort by the U.S. Department of Agriculture, the National
Pork Board, and the pork processing industry. If adopted, this program
would include those producers who choose to participate in the program,
as well as slaughter facilities and other persons that handle or
process swine from pork production sites that have been certified under
the program.
DATES: We will consider all comments that we receive on or before July
16, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0089 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0089, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0089.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Dave Pyburn, National Trichinae
Coordinator, VS, APHIS, 210 Walnut Street Room 891, Des Moines, IA
50309; (515) 284-4122.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection Act (7 U.S.C. 8301-8317), the
Administrator of the U.S. Department of Agriculture's (USDA's) Animal
and Plant Health Inspection Service (APHIS) may carry out operations
and measures to detect, control, or eradicate any pest or disease of
livestock (including the drawing of blood and diagnostic testing of
animals). Such operations can include animals at a slaughterhouse,
stockyard, or other point of concentration. The Administrator may also
cooperate with State authorities, Indian tribe authorities, or other
persons in the administration of regulations for the improvement of
livestock and livestock products. For example, APHIS administers
regulations in subchapter G of chapter I, title 9, of the Code of
Federal Regulations (CFR) that address poultry improvement through the
National Poultry Improvement Plan (NPIP). The NPIP is a cooperative
Federal-State-industry mechanism consisting of a variety of programs
intended to prevent and control egg-transmitted, hatchery-disseminated
poultry diseases. As a result, customers can buy poultry or poultry
products from flocks that have been certified free of certain diseases
or produced under disease-prevention conditions.
APHIS' regulations in 9 CFR parts 160 through 162 govern the
accreditation of veterinarians. Accredited veterinarians are approved
by the APHIS Administrator to perform certain regulatory tasks to
control and prevent the spread of animal diseases throughout the United
States.
Under the Federal Meat Inspection Act (FMIA), as amended (21 U.S.C.
601 et seq.), and the Poultry Products Inspection Act (PPIA), as
amended (21 U.S.C. 451 et seq.), the USDA's Food Safety and Inspection
Service (FSIS) inspects meat and poultry slaughtered or processed at
official establishments. Such inspection is required to ensure the
safety, wholesomeness, and proper labeling of meat and poultry. In
addition to mandatory inspection, FSIS, under the authority of the
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627),
provides a range of voluntary inspection, certification, and
identification services to assist in the orderly marketing of various
animal products and byproducts. FSIS regulations covering inspection
and other related activities are found at 9 CFR chapter III.
Under the Agricultural Marketing Act of 1946, USDA's Agricultural
Marketing Service (AMS) provides analytical testing services that
facilitate marketing and allow products to obtain grade designations or
meet marketing or quality standards. Pursuant to this authority, AMS
develops and maintains laboratory certification and approval programs
as needed by the agricultural industry, to support domestic and
international marketing of U.S. products.
Trichinae In Swine
Trichinella spiralis is a parasitic nematode (roundworm) that is
found in many warm-blooded carnivores and omnivores, including swine.
Trichinae is a generic term that refers to Trichinella spiralis.
Trichinae has a direct life cycle, which means it completes all stages
of development in one host. Transmission from one host to another host
can only occur by ingestion of muscle tissue that is infected with the
encysted larval stages of the parasite. When ingested, muscle larvae
are freed from the cyst by digestion in the stomach and then enter
tissues of the small intestine, where they undergo development to the
adult stage. Male and female adult parasites mate, and the females
produce newborn larvae that leave the intestine and migrate through the
host circulatory system to striated muscle tissue. There, the larvae
penetrate a muscle cell, modify it to become a unique cyst, and mature
to become infective for another host. The total time required for this
to occur is from 17 to 21 days. Adult males die after mating, but adult
females continue to produce larvae in the host for several weeks before
they die and are expelled. Once adult worms are expelled and larvae
reach and encyst in musculature,
[[Page 27657]]
no further contamination can occur. Animals that are infected with
trichinae are at least partially resistant to a subsequent infection
due to a strong and persistent immunity.
Trichinae may be passed on to humans who consume undercooked meat
infected with the encysted parasite. Humans who are infected with the
parasite generally experience flu-like symptoms, such as fever.
Trichinae has a longstanding association with swine and pork
products, not only in the United States but around the world. The
concept that many people have about the need to cook pork thoroughly is
based on the risk of becoming infected with this parasite. The
historical problem of trichinae infection in swine is the basis for
strict Federal regulations relating to the methods used to prepare
ready-to-eat pork products.
Despite the historical problems of trichinae and its association
with the pork industry, changes have occurred in the last 50 years that
have caused a major decline in the prevalence of this parasite in swine
raised in the United States.
Historically, trichinae infection in swine was associated with
feeding them raw meat waste products. Major inroads with respect to the
reduced incidence of trichinae infection occurred with the advent of
meat waste cooking laws in response to vesicular exanthema (1953-1954)
and the hog cholera eradication program (1962). Of equal importance has
been the movement to high levels of biosecurity and hygiene under which
most U.S. swine are now raised as producers increasingly use intensive
management systems in raising swine.
Despite the fact that trichinae is rare in today's U.S. swine
industry, pork still suffers from its historical association with the
parasite. Today, the trichinae issue is a question of perception versus
reality. Human cases of trichinellosis reported to the Centers for
Disease Control and Prevention declined from about 500 per year in the
1940's to fewer than 50 per year over the last decade. Further, many of
these cases resulted from non-pork sources such as bear and other game
meats. However, the dramatic declines in the prevalence of trichinae in
U.S. swine and the extremely low number of cases in humans in the
United States remain largely unrecognized by consumers and our trading
partners.
Today, exposure of domestic swine to trichinae is limited to just a
few risk factors that include: Consumption by swine of uncooked meat
waste products contaminated with trichinae, consumption of rodents or
other wildlife infected with trichinae, and cannibalism among swine
within an infected herd. Generally, the way that swine become infected
can be determined by a simple evaluation of farm management practices.
Since it is illegal to feed raw meat waste products to swine, this
particular source of infection should never be an issue. However,
feeding of any raw or undercooked meat scraps, including table waste,
does pose a risk. Of much greater significance is the exposure of swine
to rodents and wildlife infected with trichinae. Rodents, and rats in
particular, serve as a reservoir host for trichinae infection. Rodents
can pick up infection from landfills, carrion, or even dead swine. When
rat populations are in close proximity to swine, it is possible that
either live or dead rats will be caught and eaten by the swine. If the
rat happens to be infected, then trichinae infection will occur. The
same type of risk holds true for other small mammals. Swine that have
free range to browse outdoors occasionally encounter carcasses that
they may consume. Small mammals that have been shown to have higher
prevalence rates for trichinae include raccoons, skunks, and opossums.
The risk of exposure of swine to trichinae at the production site can
be greatly reduced, if not eliminated, by taking the following steps:
Do not feed uncooked waste products, table scraps, or
animal carcasses to swine. This is particularly important in the case
of carcasses from hunted or trapped wildlife.
Eliminate or minimize the exposure of swine to live
wildlife. Create barriers that are effective in separating swine from
skunks, raccoons, and other small mammals.
Implement and maintain an effective rodent control program
at the pork production site. Biosecurity, maintaining perimeters,
baiting, and trapping are all part of rodent control.
Maintain good hygiene at the pork production site. Remove
dead swine as soon as they are found. Keep barns free from clutter and
store feed securely.
Trichinae Control
Despite the relatively low prevalence of trichinae in swine in many
developed countries, considerable energy goes into preventing human
exposure to this parasite. There are a variety of ways in which
trichinae control is approached. A number of countries require
slaughter testing of each carcass. In fact, for pork exported to the
European Union (EU), packers in the United States test carcasses using
the same methods employed by European meat inspectors. While the need
for such measures may no longer seem as immediate, given that trichinae
is almost nonexistent in U.S.-produced pork, it is apparent that some
organized approach to demonstrating product safety is still needed for
overseas markets. The following discussion summarizes the potential
methods that are currently used for trichinae control.
Slaughter Testing
Many countries require slaughter testing of each carcass. Such
testing is largely a continuation of measures implemented when
trichinae was a serious problem. In many countries, slaughter
inspection programs are required.
Approved slaughter testing methods for trichinae in swine include
direct methods for visualization of parasites. Since it is not possible
to see trichinae cysts within meat tissue by macroscopic examination,
it is necessary to perform one of several laboratory tests. The oldest
method, and one still frequently used, is called the compression
method. Small pieces of pork collected from the pillars (crus muscle or
hanging tenderloin) of the diaphragm are compressed between two thick
glass slides (a compressorium) and examined microscopically for the
presence of Trichinella spiralis larvae.
An improvement over the compression method, and a method that is
now widely used in Europe, is the pooled sample digestion method.
Samples of tissue collected from sites where parasites concentrate,
such as the diaphragm, masseters, or tongue, are subjected to digestion
in acidified pepsin. Larvae, which are freed from their muscle cell
cysts by this process, are recovered by a series of settling steps,
then visualized and counted under a microscope. Requirements for
performing the digestion test are found in the Directives of the
European Economic Community, in the FSIS regulations in 9 CFR
318.10(e), and in various other publications.
Another method of testing swine for trichinae infection is an
indirect method that looks for antibodies to the parasites in swine
sera, plasma, whole blood, tissue fluid, or meat juice. The enzyme-
linked immunosorbent assay (ELISA) method has been used extensively for
testing in both pre- and post-slaughter applications and is an
extremely useful tool for determining or monitoring trichinae infection
in herds.
Where fresh pork is not routinely tested for trichinae, as is the
case in the United States, alternative measures are used to prevent
exposure of humans to potentially contaminated product. These include
processing methods such
[[Page 27658]]
as cooking, freezing, irradiation, and curing along with
recommendations to the consumer concerning the need for thorough
cooking.
In lieu of carcass testing or treatment to show that swine or pork
product is not infected or contaminated, there are still other means to
ensure the safety of the product. These include herd testing to prove
that trichinae infection is not present in a particular geographical
region (i.e., certification by region) or raising swine under
prescribed conditions that reduce, eliminate, or avoid the risk of
exposure of swine to trichinae (i.e., certification of individual pork
production sites). In the former case, considerable testing on a
regular basis is required to document the absence of infection. In the
latter case, documentation of good production practices is necessary to
show that swine have not had an opportunity to become exposed to or
infected with trichinae.
Certification By Region
The basis for a regional approach to certification is found in the
Office International des Epizooties (OIE) International Animal Health
Code. (Recommendations relating to Trichinellosis (Trichinella
spiralis) appear in Part 2, Article 2.2.9.3 of the International Animal
Health Code, 2001.) The OIE Code provides that domestic swine in a
country, or part of the territory of a country, may be considered free
from trichinae based on the following factors: Trichinellosis in humans
and animals must be reported; there is an effective disease reporting
system in place that has proven to be capable of capturing the
occurrence of cases; and it has been found that trichinae infection
does not exist in the domestic swine population based on regular
testing of a statistically significant sample of the population, or
trichinellosis has not been reported in 5 years and a surveillance
program shows that the disease is absent from wild animal populations.
As noted previously, the United States has an extremely low
incidence of trichinae infection in swine. Although human
trichinellosis is a reportable disease, the United States has no
history of regular testing to determine trichinae infection in swine,
nor do most States require the reporting of trichinae infection in
swine when detected. Because a number of countries, such as those in
the EU, require some form of testing for trichinae, implementing a
trichinae control program in the United States would remove certain
obstacles faced by exporters of U.S.-produced pork. One way to
accomplish this goal within a reasonable timeframe would be to certify
that herds were produced under the requirements of the Trichinae
Certification Program and based on the use of good production practices
that reduce, eliminate, or avoid the risk of exposure of swine to
trichinae infection.
Recent research efforts and pilot studies involving APHIS, FSIS,
USDA's Agricultural Marketing Service (AMS), Agricultural Research
Service (ARS), and Cooperative State Research, Education, and Extension
Service (CSREES), the National Pork Board, and other private industry
and packer groups have led to the development of a program for
certification of swine from pork production sites. Certification of
swine as produced under the requirements of the Trichinae Certification
Program is contingent on pork production sites following certain good
production practices that reduce, eliminate, or avoid risk factors for
the transmission of trichinae to swine, as well as systematic
monitoring and testing of the product at the slaughter facility. The
concept of risk management for control of Trichinella spiralis in the
domestic swine population is endorsed by the U.S. Animal Health
Association, the National Institute for Animal Agriculture, and the
American Association of Swine Veterinarians.
A program for the certification of pork production sites that
follow good production practices incorporates many of the principles of
a Hazard Analysis and Critical Control Points or ``HACCP'' system. The
specific hazard is the risk of exposure of swine to Trichinella
spiralis. The critical control points in addressing this hazard, which
are based on a number of studies on the epidemiology of trichinellosis
and its transmission to domestic swine, focus on addressing those
practices that potentially allow swine to ingest raw or undercooked
meat waste products or rodents or animal carcasses that contain
trichinae. The certification process in this type of program
encompasses the following basic steps:
Accredited veterinarians trained in good production
practices relative to exposure to trichinae work with producers to
ensure that trichinae risk factors are reduced, eliminated, or avoided
at pork production sites;
The site audit performed by trained USDA-accredited
veterinarians serves as a method to document that risks of infection
are eliminated or satisfactorily controlled. Audits need to be done
periodically to ensure that good production practices relative to
trichinae control remain in place;
On a regular basis, a statistically valid sample of the
total number of swine from certified production sites is tested at the
slaughter facility laboratory or some other onsite or offsite
laboratory using licensed or accepted testing methods to verify the
absence of trichinae infection; and
QVMOs perform random ``spot audits'' of certified
production sites to ensure the overall integrity and consistency of the
program.
The regular site audit takes into account those management
practices that affect the risk of exposure of swine to trichinae, such
as feed integrity (i.e., source and storage), building construction and
condition as it pertains to biosecurity, integrity of rodent control
programs, and general management and hygiene factors as they pertain to
rodent control, swine cannibalism, and other issues. As a part of the
process of raising swine under good production practices, the producer
needs to maintain certain records that document its adherence to good
production practices, with those records being verified in the site
audit. The producer also is responsible for adhering to good production
practices between site audits.
A pilot program for the certification of pork production sites as
being produced under the requirements of the Trichinae Certification
Program that involved the above-mentioned agencies of USDA, as well as
private industry, was conducted in Iowa, Minnesota, and South Dakota in
1997 and 1998. The purpose of the pilot program was to evaluate a
process-verification system for the production of pork. An on-farm
audit, consisting of 55 questions, was developed to identify those risk
factors that could expose swine to Trichinella spiralis. The audit was
administered by USDA-trained accredited veterinary practitioners at 198
pork production sites in the 3-State area. All swine raised on sites
where audits were conducted were slaughtered at a single packing plant
and a sample from each carcass was tested by the pooled sample
digestion and ELISA methods. Few production sites met all criteria
established within the audit for good production practices similar to
those proposed in this document. Most of the deficiencies related to
the absence of a regular rodent control program around and in swine
production facilities. However, it was determined that more than 85
percent of these sites could meet good production practice criteria
with minor improvements in site management. From a total of 221,123
carcass samples tested from farms audited during a 6-month period, no
trichinae-positive carcasses were
[[Page 27659]]
detected by digestion or ELISA methods. Based on the outcome of this
pilot program, an improved, more succinct audit was developed with
objective measures for those good production practices that reduce,
eliminate, or avoid the risk of exposure of swine to Trichinella
spiralis. This revised version of the site audit is currently being
used in a second pilot program involving pork production sites located
in Colorado, Illinois, Iowa, Minnesota, Missouri, Nebraska, Oklahoma,
and South Dakota that are supplying swine to a slaughter facility in
Iowa.
This second pilot program began in December of 2000. Pork product
sites were selected based on their willingness to participate in the
program. As of December 2004, there were approximately 125 sites
participating in the program. Program sites have completed one or more
official pilot audits conducted by qualified accredited veterinarians
that indicate the site is following certain good production practices
designed to reduce, eliminate, or avoid the risk of exposure of swine
to Trichinella spiralis. The slaughter facility in Iowa has conducted
verification testing on swine carcasses from a statistically valid
sample of the participating sites that have attained ``certified''
status. Close to 100 accredited veterinarians have also been trained as
site auditors during this period.
The primary purpose of this second pilot program is to verify the
adequacy of the selected good production practices in minimizing,
reducing, or eliminating the risk of exposure of swine to Trichinae
spiralis, as well as to confirm that the site audit and slaughter plant
sample testing protocols provide a dependable means of verifying that
good production practices are being followed. This second pilot program
will continue until rulemaking establishes the Trichinae Certification
Program.
Collaboration with AMS and FSIS
As previously stated, APHIS has collaborated with FSIS and AMS,
among other entities, in developing a program for certification of
swine from pork production sites. This collaboration included the
research efforts of AMS as well as their continuing role in training
laboratory technicians who work in slaughter facilities on how to
conduct trichinae ELISA tests. FSIS has supported the trichinae program
through its research efforts at the beginning of the pilot program and
its direct participation in the program at federally inspected
slaughter facilities. Moreover, in a proposed rule published in the
Federal Register on February 27, 2001 (66 FR 12590-12635), FSIS, in
proposing to remove prescriptive trichinae treatment requirements in
favor of performance standards, pointed to the program as one means by
which establishments that produce pork products can ascertain whether
their suppliers have taken measures to prevent trichinae infection of
their herds. In that document, FSIS also discussed its role in
verifying that processors properly check status of pigs, testing
samples as required, and maintaining adequate animal identification and
records under the program. Both AMS and FSIS have been important and
willing partners in this pilot program, and we expect this
collaboration to continue.
As a result of the cooperative research efforts and pilot programs
just referenced, we are proposing to establish regulations for a
voluntary Trichinae Certification Program to appear as a new part 149
in 9 CFR subchapter G of the regulations. The current title of
Subchapter G, ``Poultry Improvement'', would be changed to ``Livestock
Improvement'' to reflect that the subchapter's regulatory coverage
would now encompass animals other than poultry. The proposed Trichinae
Certification Program would provide for the certification of pork
production sites that follow certain prescribed management practices
that reduce, eliminate, or avoid the risk of exposure of swine to
Trichinella spiralis. In addition to establishing a new part 149, we
also would make certain changes to existing regulations in 9 CFR parts
160 and 161 covering the accreditation of veterinarians that are needed
for this Trichinae Certification Program. The full text of the proposed
regulations appears in the rule portion of this document. Our
discussion of the proposed provisions follows.
Purpose and Scope
Proposed Sec. 149.0 would provide that the Trichinae Certification
Program described in part 149 is intended to enhance the ability of
swine producers, as well as slaughter facilities and other persons that
handle or process swine from pork production sites that have been
certified under the program, to export fresh pork and pork products to
overseas markets. We would include this statement in the regulations
because, although we recognize that producers may wish to participate
in the program for domestic marketing purposes, such uses would be
outside the scope of APHIS' authority. Any domestic marketing uses of
the program, such as the labeling of products, would have to be
conducted in accordance with the regulations of FSIS and AMS.
Definitions
Proposed Sec. 149.1 would contain definitions for the terms used
in part 149.
We would define an accredited veterinarian as a veterinarian
approved by the APHIS Administrator in accordance with 9 CFR part 161
to perform functions specified in 9 CFR, chapter I, subchapters B, C,
D, and G.
The term Agricultural Marketing Service or AMS would refer to the
Agricultural Marketing Service of the United States Department of
Agriculture, while the AMS Administrator would refer to the
Administrator, Agricultural Marketing Service, or any person authorized
to act for the AMS Administrator. An AMS representative would be
defined as any individual employed by or acting as an agent on behalf
of the Agricultural Marketing Service who is authorized by the AMS
Administrator to perform the services required by proposed part 149.
The term Animal and Plant Health Inspection Service or APHIS would
refer to the Animal and Plant Health Inspection Service of the United
States Department of Agriculture.
An animal disposal plan would be defined as a written document that
describes methods for the removal and disposal of dead swine or swine
remains from a pork production site, while an animal movement record
would be defined as a written record of the movement of swine into or
from a pork production site.
The term APHIS Administrator refers to the Administrator, Animal
and Plant Health Inspection Service, or any person authorized to act
for the APHIS Administrator, while an APHIS representative would refer
to any individual employed by or acting as an agent on behalf of the
Animal and Plant Health Inspection Service who is authorized by the
APHIS Administrator to perform the services required by proposed part
149.
We would define an approved laboratory as a non-Federal laboratory
approved by the Agricultural Marketing Service and recognized by the
APHIS Administrator or FSIS Administrator for performing validated
tests to determine the presence of trichinae infection in reference to
the Trichinae Certification Program.
The term audit would be defined as an inspection process, as
provided in proposed part 149, that generates a written record
documenting a pork production site's adherence to the required good
production practices.
[[Page 27660]]
There would be two types of audits, a site audit and a spot audit, both
of which are defined below. An auditor would be defined as a qualified
accredited veterinarian (QAV) or a qualified veterinary medical officer
(QVMO) who is trained and authorized by APHIS to perform auditing
activities under the Trichinae Certification Program.
The term certification or certified would refer to the designation
given by the APHIS Administrator to a pork production site that has
been determined to be in compliance with the specific good production
practices and other program requirements of the Trichinae Certification
Program as provided in part 149.
The term certified pork would refer to pork or pork products
originating from certified swine from a certified production site with
identity of such animals or carcasses maintained throughout receiving,
handling, and processing.\1\
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\1\ The labeling of all certified pork or pork products leaving
a slaughter or processing facility must comply with 9 CFR 317.4 and
all other applicable FSIS labeling regulations.
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A certified production site would be defined as a pork production
site that has attained a program status of Stage II or higher based on
adherence to good production practices and other program requirements
as provided in proposed part 149.
The term certified swine would refer to swine produced under the
Trichinae Certification Program on a certified production site.
The term decertification or decertified would be defined as the
removal of the certified status of a production site by the APHIS
Administrator when it has been determined that the criteria of the
Trichinae Certification Program are not being met or maintained.
Enzyme-linked immunosorbent assay or ELISA would refer to a method
of testing swine for the presence of trichinae infection by looking for
antibodies to Trichinella spiralis in the sera, plasma, whole blood,
tissue fluid, or meat juice of swine.
The term EPA would refer to the United States Environmental
Protection Agency.
A feed mill quality assurance affidavit would be defined as a
written statement signed by the feed mill representative and the
producer that documents the quality and safety of feed or feed
ingredients delivered from the feed mill to the pork production site.
Food Safety and Inspection Service or FSIS would refer to the Food
Safety and Inspection Service of the United States Department of
Agriculture, while the FSIS Administrator would refer to the
Administrator, Food Safety and Inspection Service, or any person
authorized to act for the Administrator. An FSIS program employee would
be defined as any individual employed by or acting as an agent on
behalf of the Food Safety and Inspection Service who is authorized by
the FSIS Administrator to perform the services required under proposed
part 149.
The term good manufacturing practices would be defined as feed
manufacturing practices that reduce, eliminate, or avoid the risk of
exposure of swine to Trichinella spiralis, while the term good
production practices would refer to pork production management
practices that reduce, eliminate, or avoid the risk of exposure of
swine to Trichinella spiralis.
The term harborage would be defined as any object, debris, clutter,
or area that could serve as shelter or refuge for rodents or wildlife.
We would define a laboratory approval audit as an audit performed
by AMS representatives to determine if a laboratory meets minimum
requirements for approval, as established by AMS, for performing
validated tests under proposed part 149.
We would define National Trichinae Certified Herd as all swine
raised on certified production sites in the United States.
The term person would be defined as any individual, corporation,
company, association, firm, partnership, society, joint stock company,
or other legal entity.
A pest control operator refers to a person trained and State-
licensed in the control of pests and vermin (particularly rodents).
Pooled sample digestion method or digestion method would refer to a
method of testing swine for trichinae infection by identifying the
presence of Trichinella spiralis from a sample of the animal's muscle
tissue.
We would define a pork production site or site as a geographically
definable area that includes pork production facilities and ancillary
structures under common ownership or management systems and the
surrounding space within a 100-foot perimeter of the swine housing and
feeding areas.
The term positive test result would mean the outcome of a validated
test indicating the presence of Trichinella spiralis.
The term process-verification testing would refer to the testing of
a statistically valid sample of swine belonging to the National
Trichinae Certified Herd at the time of slaughter using a validated
test to verify that the adherence to good manufacturing practices and
good production practices is resulting in the absence of Trichinella
spiralis infection in swine from that herd.
We would define a producer as an individual or entity that owns or
controls the production or management of swine.
A qualified accredited veterinarian or QAV would refer to an
accredited veterinarian who has been granted an accreditation
specialization by the APHIS Administrator pursuant to 9 CFR 161.5 based
on completion of an APHIS-approved orientation or training program in
good production practices in swine management, and who is authorized by
the APHIS Administrator to perform site audits and other specified
program services required in proposed part 149. A qualified veterinary
medical officer or QVMO would refer to a VMO of the State or Federal
Government who is trained in good production practices and is
authorized by the APHIS Administrator to perform site audits, spot
audits, and other specified program services required in proposed part
149.
The term rodent control logbook would be defined as a written
record that documents a rodent control program for a pork production
site.
We would define a site audit as an audit, performed by a QAV or a
QVMO, to determine the trichinae risk factor status of a pork
production site based on the site's adherence to all of the required
good production practices that reduce, eliminate, or avoid the risk of
exposure of swine to Trichinella spiralis.
The term slaughter facility would be defined as a slaughtering
establishment operating under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) or a State meat inspection act that receives
certified swine under the Trichinae Certification Program.
We would define the term slaughter facility representative as any
individual employed by, or acting as an agent on behalf of, a slaughter
facility who is authorized by the slaughter facility to perform
specified program services required in proposed part 149.
A spot audit would refer to an audit of a certified pork production
site performed by a QVMO to ensure program integrity and consistency.
Pork production sites that are in the Trichinae Certification
Program would be assigned a particular program status as either a Stage
I enrolled site, a Stage II certified site, or a Stage III certified
site. The term Stage I enrolled would refer to the preliminary program
status
[[Page 27661]]
of a pork production site attained when the APHIS Administrator
approves the outcome of an initial site audit. We would define the term
Stage II certified as that program status attained upon APHIS approval
of a site audit of a Stage I enrolled site, while the term Stage III
certified would refer to program status attained upon APHIS approval of
a site audit of a Stage II certified site and maintained upon APHIS
approval of subsequent site audits for renewal of Stage III certified
status.
The term sterile zone would be defined as an open area immediately
adjacent to and surrounding those building(s) used to house and feed
swine that serves as both a buffer and detection zone for rodent and
wildlife activity.
The term temporary withdrawal would be defined as the voluntary
withdrawal of a certified production site from the Trichinae
Certification Program at the request of the producer for a period not
to exceed 180 days.
Trichinae would be defined as a generic term that refers to
Trichinella spiralis.
We would define Trichinae Certification Program or program as a
voluntary pre-harvest pork safety program in which APHIS certifies pork
production sites that follow all of the required good production
practices that reduce, eliminate, or avoid the risk of exposure of
swine from their sites to Trichinella spiralis.
The Trichinae Identification Number or TIN would be a number
assigned to a pork production site by the APHIS Administrator.
We would define the term Trichinella spiralis as a parasitic
nematode (roundworm) capable of infecting many warm-blooded carnivores
and omnivores, including swine.
The abbreviation USDA would refer to the United States Department
of Agriculture.
The term validated test would be defined as an analytical method
licensed by APHIS or accepted by AMS for the diagnosis of Trichinella
spiralis in swine.
A veterinary medical officer or VMO would be defined as a
veterinarian employed by the State or Federal Government who is
authorized to perform official animal health activities on their
behalf.
We would define a waste feeding logbook as a written record that
documents the presence of good production practices with respect to the
feeding of meat-containing waste to swine and compliance with
applicable State and Federal food waste feeding laws and regulations.
Program Participation
Proposed Sec. 149.2 would provide information on producer
participation in the trichinae certification program. A producer's
initial enrollment and continued participation in the program would
require that the producer adhere to all of the required good production
practices, as confirmed by periodic site audits, and comply with other
recordkeeping and program requirements provided in proposed part 149.
Pork production sites accepted into the program by APHIS would
participate under one of the following three program stages: Stage I
enrolled, Stage II certified, or Stage III certified.
Stage I Enrolled Status
Under proposed Sec. 149.2(a), attaining Stage I enrolled status
would signify that a pork production site has met all of the required
good production practices and other recordkeeping and program
requirements provided in part 149. Although enrolled in the program,
Stage I enrolled sites would not be able to identify their swine as
products from a certified production site. If a Stage I enrolled site
is found not to be adhering to one or more good production practices as
a result of a site audit or a spot audit, or fails to follow the
prescribed timetable for completing a site audit and submitting the
completed audit form and payment for consideration as a Stage II
certified site, it would lose its status as a Stage I enrolled site. As
provided in Sec. 149.3(d), the site audit must be performed no sooner
than 150 days from the date the site was awarded Stage I enrolled
status, and must be completed, with the audit form and payment
submitted to APHIS, no later than 210 days from the date the site was
awarded Stage I enrolled status.
Stage II Certified Status
Under proposed Sec. 149.2(b), attaining Stage II certified status
would signify that a pork production site is adhering to all of the
required good production practices and complies with other
recordkeeping and program requirements provided in part 149. An APHIS-
issued certificate or letter indicating the site's status as a Stage II
certified site would have to be filed at the site and be readily
available for inspection. Once a site attains Stage II certified
status, it would then be able to identify its swine as certified
product from a certified production site.
A Stage II certified site that is found not to be adhering to one
or more good production practices as a result of a site audit or a spot
audit, or that fails to follow the prescribed timetable for completing
a site audit and submitting the completed audit form and payment for
consideration as a Stage III certified site, would be decertified by
APHIS and would be ineligible to identify swine from that site as
certified product from a certified production site. As provided in
Sec. 149.3(e), a Stage II certified site must complete a site audit
for Stage III certified status. Under Sec. 149.3(e), the site audit
must be performed no sooner than 240 days from the date the site was
awarded Stage II certified status, and must be completed, with the
audit form and payment submitted to APHIS, no later than 300 days from
the date the site was awarded Stage II certified status. As further
provided in Sec. 149.2(e), once a site is decertified, the producer
would have to repeat the process of requesting a new site audit for
Stage I enrolled status. If a decertified site is reenrolled after a
successful Stage I site audit, then a new program anniversary date for
that site would be established based on the date of enrollment and the
site would be reinstated at Stage II status.
Stage III Certified Status
Proposed Sec. 149.2(c) would cover sites attaining Stage III
certified status. The primary distinction between Stage II and Stage
III certified sites would be that once a site is awarded Stage III
certified status, it would not be required to undergo another site
audit for recertification for another 14 to 16 months. In contrast, a
Stage II certified site would have to undergo another site audit 8 to
10 months after it receives its Stage II certification. We would allow
a longer period to elapse between site audits for Stage III sites based
on their record of already successfully completing site audits at the
Stage I and Stage II program levels. All other aspects of Stage III
certification would be the same as described above in the discussion of
Stage II certification.
Change in Ownership
Proposed Sec. 149.2(d) would provide the steps to be taken in the
event there is a change of ownership in a site participating in the
program. If there is a change in ownership in a Stage I enrolled site,
and the new ownership wishes to remain in the program, then the Stage I
enrolled site would continue on the same timetable as under the
previous ownership for completing a site audit for Stage II certified
status. No additional site audit would be required as a result of the
change of ownership since another site audit would occur anyway within
6 months or less if the site intends to remain in the program.
[[Page 27662]]
If there is a change of ownership in a Stage II or Stage III
certified site, however, we would require that a site audit be
performed within 60 days of the ownership change in order for the site
to maintain its certified status. If the site audit is satisfactory,
then the Stage II or Stage III certified site would continue in the
program only as a Stage II certified site. We would require a Stage III
certified site to revert to Stage II certified status after a change in
ownership so that the site would have another site audit within 1
year's time. This would provide us with greater assurances that the new
ownership is adhering to the good production practices. A new program
anniversary date for purposes of performing future audits would be
established based on the date the site was audited to continue in the
program as a Stage II certified site.
If the results of a site audit following a change in ownership are
not satisfactory, then the site would be decertified by APHIS. Should
the producer wish to participate in the program once again, he or she
would have to request a new site audit for Stage I enrolled status once
the particular deficiencies have been resolved. If a site is
decertified by APHIS, but is reenrolled after a successful Stage I site
audit, then a new program anniversary date for the site would be
established based on the date of reenrollment.
Site Decertification and Program Withdrawal
Proposed Sec. 149.2(e) would cover site decertification by APHIS,
as well as voluntary site decertification and voluntary program
withdrawal initiated by the producer.
Decertification by APHIS
In proposed Sec. 149.2(e)(1), a Stage II or Stage III certified
site that is found not to be adhering to one or more good production
practices as a result of a site audit or a spot audit, or that fails to
follow the prescribed timetable for completing a site audit and
submitting the completed audit form and payment to continue
participation in the program, would be decertified by APHIS. Once a
site is decertified, swine from that site could not be identified as
certified product from a certified production site. In order to
participate in the program once again, the producer would have to
follow the procedures for requesting an initial site audit for Stage I
enrolled status. If a decertified site is reenrolled after a successful
Stage II site audit, then a new program anniversary date for that site
would be established based on the date of reenrollment.
Temporary Withdrawal by Producer
Proposed Sec. 149.2(e)(2) would provide that a producer may
request that one or more of their certified production sites be
temporarily withdrawn from the program. A producer might choose this
option because he or she foresees not having access to animals from
certified sources on a temporary basis. A producer's request to have a
site temporarily withdrawn would have to be made in writing and would
be subject to the APHIS Administrator's approval. Each site could be
temporarily withdrawn no more than once every 2 years for a period not
to exceed 180 days.
While a site is temporarily withdrawn, the producer could not
identify swine from that site as certified product from a certified
production site. However, the producer would still have to adhere to
all good production practices and other program requirements while the
site is temporarily withdrawn, unless specifically waived by the
Administrator. This would include providing documentation in the animal
movement record of the arrival and departure of all swine from the
site, as well as whether the swine arriving at the site are from
certified or noncertified sources.
Before being reinstated as a certified production site, the
temporarily withdrawn site would have to pass a site audit to indicate
that it is adhering to all good production practices (including any
practices previously waived by the Administrator). If swine 5 weeks of
age or older originating from noncertified sources are received at the
site during the time of withdrawal, then the site audit would have to
be performed within 30 days of the date the last swine from
noncertified sources was removed from the site, but no later than 180
days from the date the site was granted temporarily withdrawn status.
If the site audit is satisfactory and it is determined that the site is
adhering to good production practices and other program requirements,
then the site would be reinstated as a Stage II certified site
(regardless of the site's previous status as a Stage II or Stage III
certified site). The timetable for performing future site audits for
attaining and renewing Stage III certified status would be based on the
date the site was reinstated as a Stage II certified site.
If the site audit for reinstatement as a certified production site
is not satisfactory due to the producer's failure to adhere to one or
more good production practices, or if the period of temporary
withdrawal has exceeded 180 days, then the site would be decertified by
APHIS. Once the site is withdrawn by APHIS, the producer would have to
request an initial site audit for Stage I enrolled status in order for
the site to be reenrolled in the program. If a site is withdrawn by
APHIS and then reenrolled after a successful Stage I site audit, then a
new program anniversary date for that site would be established based
on the date of reenrollment as a Stage I enrolled site.
Program Withdrawal
Under proposed Sec. 149.2(e)(3), if a producer decides to withdraw
one or more pork production sites from the program, then the producer
would have to notify the APHIS Administrator in writing of this intent.
Once this is done, the site would be removed from the program. If at a
later date the producer requests that the site be reinstated in the
program, then the producer would have to follow the procedures for
requesting an initial audit for Stage I enrolled status. If the site is
reenrolled after a successful Stage I site audit, then a new program
anniversary date for that site would be established based on the date
of reenrollment.
Request for Review
Under proposed Sec. 149.2(f), if there is a conflict as to any
material fact relating to the results of a site audit, spot audit, or
other determination affecting a producer's program status or ability to
participate in the program, the producer may submit a written request
for review to the APHIS Administrator. The producer would have to
include in the request the reasons, including any supporting
documentation, why the audit result or other determination should be
different than the result or determination made by the Administrator.
The initial audit result or other determination would remain in force
pending the completion of the Administrator's review. The decision by
the Administrator upon reviewing the producer's written request would
be final.
Site Audit
Proposed Sec. 149.3 would contain more specific information on
performing site audits. Proposed Sec. 149.3 also would describe all of
the required good production practices that would be the primary basis
for determining whether a site can participate in the program.
[[Page 27663]]
General
Proposed Sec. 149.3(a) would set forth the procedures for
arranging and performing a site audit, as well as the process for
providing notification of the audit results. This paragraph would apply
to sites seeking status as a Stage I enrolled or a Stage II certified
site, as well as sites seeking or renewing their status as a Stage III
certified site.
The producer would be responsible for contacting a QAV to request a
site audit. A list of available QAVs could be obtained by accessing the
Trichinae Certification Program Web site on the Internet at https://
www.aphis.usda.gov/vs/trichinae, or by contacting the APHIS area
office. Telephone numbers for APHIS area offices can be found in local
telephone books or on the Internet at https://www.aphis.usda.gov/vs/
area_offices.htm. If a QAV is not available to perform a site audit,
the producer could then contact the APHIS area office to request that a
QVMO perform the site audit. The site audit would be arranged at a
mutually agreed-upon time. We also would require that the producer or
the producer's designated representative accompany the auditor during
the site audit.
While performing the site audit, the auditor would record whether
the producer is adhering to good production practices at the site, as
discussed below in proposed Sec. 149.3(b), that reduce, eliminate, or
avoid the risk of exposure of swine to Trichinella spiralis. In
performing the site audit, the auditor would use APHIS-approved audit
forms. Once the auditor has completed all sections of the audit form,
the producer or the producer's designated representative would have to
sign the audit form attesting to the accuracy of the information
obtained during the site audit. The producer's signature also would
evidence his or her intent to continue adhering to the good production
practices and other program requirements. The auditor also would sign
the audit form at this time.
The producer would be responsible for the cost of each site audit
performed at the pork production site. If a QAV performs the site
audit, then the producer would pay the QAV directly at a mutually
agreed-upon time and rate. If a QVMO performs the site audit, then the
producer would pay the QVMO at the time the site audit is performed in
accordance with the rate and other conditions set by the QVMO's
governmental employer. In the case of a site audit performed by a QVMO
employed by APHIS, the producer would pay APHIS by certified check or
U.S. money order for this service at a rate determined in accordance
with proposed Sec. 149.8.
In addition to the cost of the site audit, the producer also would
have to pay a separate fee, as specified in proposed Sec. 149.8, to
cover APHIS' administrative costs in processing the audit and operating
the program. We are proposing a program fee of $51, payable to APHIS by
certified check or U.S. money order, to be remitted to the auditor at
the time each site audit is performed. To arrive at the program fee of
$51, APHIS examined costs associated with the pilot program and
itemized those costs based on 127 applications processed during the
pilot program.\2\
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\2\ FSIS and AMS would not charge any additional program fees
for the site audit, however, FSIS does charge $15 for export
certificates.
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The basic steps in the calculation for each particular service are:
(1) Calculate direct labor costs by determining the average amount of
direct labor required to perform the service and multiply the average
direct labor hours by the average salary and benefit costs for
employees; (2) calculate the pro rata share of administrative support
costs; (3) determine the premium costs (if any); (4) calculate the pro
rata share of agency overhead and departmental charges, respectively,
including the salary of the National Coordinator; (5) add all costs;
and (6) round up to the next $0.25 for all fees less than $10 or round
up or down to the nearest dollar for all fees greater than $10. Table 1
below shows how APHIS arrived at this rate.
Table 1.--Costs Considered in Arriving at the $51 Program Fee
[Based on 127 applications processed]
----------------------------------------------------------------------------------------------------------------
Hourly
Number of salary (FY Benefits Direct
hours 05) @24.26% labor costs
----------------------------------------------------------------------------------------------------------------
Direct Labor:
Area Epidemiology Officer \2\........................... 13.23 $42.55 $10.32 $699.58
Clerk \3\............................................... 71.44 16.29 3.95 1,445.77
Inspector \4\........................................... 25.40 29.63 7.19 935.18
Total direct labor costs............................ ........... ........... ........... 3,080.53
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Support costs at 62.31%................................. ........... ........... ........... 1,919.47
---------------------------------------------------
Subtotal............................................ ........... ........... ........... 5,000.00
Agency overhead at 16.15%............................... ........... ........... ........... 807.50
---------------------------------------------------
Subtotal............................................ ........... ........... ........... 5,807.50
Departmental charges at 4.57%........................... ........... ........... ........... 265.40
---------------------------------------------------
Subtotal............................................ ........... ........... ........... 6,072.90
Reserve component....................................... ........... ........... ........... 303.64
---------------------------------------------------
Total full cost for processing 127 applications..... ........... ........... ........... 6,376.54
Full cost per application............................... ........... ........... ........... 50.21
Full cost per application, rounded up to the nearest ........... ........... ........... $51.00
whole dollar...........................................
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\2\ Includes time to review the application, compare to standards, identify any nonconformities, call the
auditor (if necessary), approve/deny application, and sign.
\3\ GS 5/step 5 clerk (includes time to process and file paperwork, identify auditing veterinarian, and perform
data entry).
\4\ GS 11/step 5 inspector (includes time for spot audits).
[[Page 27664]]
The auditor will submit the completed audit form, program fee, and
payment for services (if the auditor was an APHIS-employed QVMO) to the
nearest APHIS area office. If a QAV performs the site audit rather than
a QVMO, the QAV will submit the completed audit form and program fee to
APHIS in a timely manner.
Upon receipt of the completed audit form and payment, APHIS would
evaluate the site audit and provide the producer with written
notification of the audit results. A pork production site found to meet
all good production practices and other program requirements would be
issued program status at the appropriate program stage. If the audit
shows that the site does not meet all good production practices or
other program requirements, APHIS would provide the producer with
written notification that would include documentation of the
deficiencies that prevented the site from being conferred program
status. It would be the producer's responsibility to work with a
veterinarian or other consultants to correct those deficiencies should
the producer seek to enroll in the program at a later time.
Good Production Practices
Proposed Sec. 149.3(b) would set forth all of the required good
production practices that producers would have to adhere to in order to
participate in the program. As discussed previously, these good
production practices are designed to reduce, eliminate, or avoid those
risk factors involving the exposure of swine to Trichinella spiralis.
The good production practices would be as follows:
The movement of all non-breeding swine 5 weeks of age or
older into or from the pork production site would have to be documented
in an animal movement record, as provided in proposed Sec. 149.7, that
ensures that all such swine moved into or from the site can be
subsequently traced back to that site, or to any previous site (if
applicable). Additional information relating to the animal movement
record is provided below under the heading ``Recordkeeping at Site.''
All non-breeding swine entering a site would have to have
originated from another certified production site, except that non-
breeding swine less than 5 weeks of age may have originated from a
certified or noncertified production site. We would provide this
exception because swine less than 5 weeks of age do not as yet eat
solid food, and therefore do not present a risk of ingesting the
Trichinella spiralis parasite through infected food sources. The animal
movement record would have to include the TIN of the certified
production site from which the swine originated. If the swine are less
than 5 weeks of age and come from a noncertified site, then the animal
movement record would have to provide the name and full address of the
noncertified site where the swine originated.
Feed or feed ingredients from offsite sources that are
used at the site would have to meet all good manufacturing practices or
other quality assurance standards recognized by the feed industry. The
adherence to good manufacturing practices or other quality assurance
standards would have to be documented in a feed mill quality assurance
affidavit. Additional information relating to the feed mill quality
assurance affidavit is provided below under the heading ``Recordkeeping
at Site.''
Swine housing and feeding areas, feed preparation and
storage areas, and office areas and connecting hallways at the site
would have to be inspected regularly and found free of fresh signs of
rodent and wildlife activity. Any movable rodent harborage (exterior or
interior) on the site that is not necessary to the day-to-day operation
of the site would have to be removed. Harborage that cannot be removed
or is movable but necessary to the day-to-day operation of the site
(e.g., bales of hay, etc.) would have to be checked for signs of rodent
or wildlife activity. In addition, domesticated animals, including pets
such as dogs and cats, would have to be excluded from the swine housing
and feeding areas and feed preparation and storage areas at the site.
Evidence of rodent activity or rodent infestation would consist of
fresh rodent droppings, fresh gnawing marks, new structural damage,
rodent urine, rodent blood, rodent sm