Product Labeling: Use of the Animal Raising Claims in the Labeling of Meat and Poultry Products, 60228-60230 [E8-24191]
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60228
Notices
Federal Register
Vol. 73, No. 198
Friday, October 10, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2008–0026]
Product Labeling: Use of the Animal
Raising Claims in the Labeling of Meat
and Poultry Products
Food Safety and Inspection
Service, USDA.
ACTION: Notice of public meeting;
request for comments.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Food Safety and
Inspection Service (FSIS) is issuing this
notice to initiate a public process to
review its policies regarding the
approval of animal raising claims in the
labeling of meat and poultry products.
FSIS evaluates animal raising claims by
considering information on animal
production practices submitted by
companies as part of their label
approval requests. The Agency approves
these claims if the animal production
information submitted with the label
application supports the claims being
made and the claim is truthful and not
misleading.
The Agency’s recent experience with
labeling claims related to the raising of
poultry have led FSIS to initiate a
review of its evaluation and approval
process for labels of meat and poultry
products that contain animal raising
claims. The Agency is publishing this
notice to solicit public input and to
announce that FSIS and the Agricultural
Marketing Service will jointly hold a
public meeting to discuss these issues.
DATES: The public meeting will be held
on October 14, 2008. Comments on this
notice and the issues discussed at the
public meeting must be received by
November 14, 2008.
ADDRESSES: The public meeting will be
held from 8:30 a.m. to 12:30 p.m. at the
L’Enfant Plaza Hotel, 480 L’Enfant
Plaza, SW., Washington, DC 20024,
(202) 484–1000.
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20:11 Oct 09, 2008
Jkt 217001
FSIS will finalize an agenda on or
before the meeting date and will post it
on the FSIS Internet Web page https://
www.fsis.usda.gov/News? Meetings_
& _ Events/.
The official transcript of the meeting
will be available for viewing by the
public in the FSIS docket room and on
the FSIS Web site https://
www.fsis.usda.gov/ News? Meetings_
&_ Events/ when it becomes available.
FSIS invites interested persons to
submit comments on this notice.
Comments may be submitted by one of
the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions at that site for
submitting comments.
Mail, including floppy disks or CD–
ROMs, and hand- or courier-delivered
items: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety
and Inspection Service, FSIS Docket
Room, 1400 Independence Avenue,
SW., Room 2534, Washington, DC
20250.
All submissions received must
include the Agency name and docket
number FSIS–2008–0026. Documents
referred to in this notice, and all
comments submitted in response to this
notice, will be available for public
inspection in the FSIS Docket Room at
the address listed above between 8:30
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
Comments also will be posted on the
Agency’s Web site at https://
www.fsis.usda.gov/
regulations_&_policies/
2008_Notices_Index/index.asp.
Individuals who do not wish FSIS to
post their personal contact
information—mailing address, e-mail
address, telephone number—on the
Internet may leave this information off
of their comments.
FOR FURTHER INFORMATION CONTACT: For
technical information: Charles Gioglio,
Director, Labeling and Program Delivery
Division, Office of Policy and Program
Development, USDA, FSIS, 1400
Independence Avenue, SW.,
Washington, DC 20250, (202) 205–3625,
e-mail: Charles.Gioglio@fsis.usda.gov.
Pre-registration for this meeting is
recommended. To pre-register, please
contact Sheila Johnson by telephone at
(202) 690–6498 or by e-mail at
Sheila.Johnson@fsis.usda.gov. Persons
requiring a sign language interpreter or
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Fmt 4703
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special accommodations should contact
Sheila Johnson as soon as possible.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory
agency in the USDA that is responsible
for ensuring that the nation’s
commercial supply of meat, poultry,
and egg products is safe, wholesome,
and accurately labeled and packaged.
FSIS develops and implements
regulations and policies to ensure that
meat, poultry, and egg product labeling
is truthful and not misleading. Under
the Federal Meat Inspection Act (FMIA)
(21 U.S.C. 601, 607) and the Poultry
Products Inspection Act (PPIA) (21
U.S.C. 451, 457), the labels of meat and
poultry products must be approved by
the Secretary of Agriculture, who has
delegated this authority to FSIS, before
these products can enter commerce.
Section 203(c) of the Agricultural
Marketing Act (AMA) of 1946, as
amended (7 U.S.C. 1622), directs and
authorizes the Secretary of Agriculture
‘‘to develop and improve standards of
quality, condition, quantity, grade, and
packaging, and recommend and
demonstrate such standards in order to
encourage uniformity and consistency
in commercial practices.’’ The
Agricultural Marketing Service (AMS)
has played a lead role in achieving the
objectives of the AMA in part through
the development of voluntary standards
for agricultural products.
As part of its prior approval process
for label claims, FSIS has been asked to
evaluate and approve label claims that
highlight certain aspects of the way
animals used as the source for meat and
poultry products are raised. Examples of
animal raising claims that the Agency
has approved include ‘‘raised without
antibiotics,’’ ‘‘not fed animal byproducts,’’ ‘‘free range,’’ ‘‘vegetarian fed
diet,’’ and ‘‘raised without added
hormones.’’ FSIS typically evaluates
such claims by reviewing testimonials,
affidavits, animal production protocols,
and other relevant documentation
provided by animal producers.
When FSIS evaluates a meat or
poultry product label that includes an
animal raising claim, it reviews the
animal production protocol submitted
in support of the label claim to ensure
that it describes practices that are
accurately reflected in the claim being
made. Supporting documentation may
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
be submitted directly by the
establishment seeking approval of the
label or by producers, growers, or others
on the establishment’s behalf. If a
company submits information that
demonstrates that an animal production
claim is truthful and not misleading,
FSIS allows products derived from
animals raised according to the protocol
to bear the raising claim on their labels.
In addition to producer testimonials
and affidavits, establishments or animal
producers may also submit certifications
from a certifying organization or entity
to support animal raising claims. FSIS
accepts these certifications if the
Agency has evaluated the certifying
entity’s animal raising standards and
determined that they are truthful and
not misleading and accurately reflect
the claim being made. FSIS also allows
the label of a meat or poultry product
to bear a certified claim if the claim
clearly identifies the certifying entity,
e.g., ‘‘certified free range by * * *
(name of certifying entity),’’ and the
Agency determines, based on its review
of the entity’s standards, that the
standards truthfully define the claim.
FSIS makes this determination in
consultation with AMS and other
agencies with relevant expertise.
Issues Associated With Animal Raising
Claims
It has become clear, however, that the
use of animal raising claims in the
labeling of meat and poultry products
presents issues that can be difficult for
FSIS to address through its pre-market
label approval process.
As discussed above, FSIS assesses
animal raising claims by evaluating
supporting documentation that
companies submit as part of their label
approval requests. However, because
FSIS does not regulate food animal
production, the Agency may not always
have all the relevant information
necessary to the proper evaluation of the
animal raising practices described in a
producer’s animal production protocol.
In addition, while FSIS’ approval of
an animal raising claim depends on
submissions that describe how the
source animals were raised, animal
producers and certifying entities may
have different views on the specific
animal production practices that qualify
a product to bare a given animal raising
claim on its label. Thus, the same
animal raising claim may reflect
different animal raising practices,
depending on how an animal producer
or certifying entity defines the basis for
the claim.
For example, FSIS approves ‘‘free
range’’ raising claims on the labels of
poultry products if the producer
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20:11 Oct 09, 2008
Jkt 217001
demonstrates that the birds were
allowed continuous, free access to the
outside for over 51% of their lives
through a normal growing cycle. Under
this standard, some producers or
certifying organizations may support a
‘‘free range’’ labeling claim if the source
birds for the poultry products were
allowed access to a yard outside,
regardless of whether the birds actually
use the yard. On the other hand, other
producers or certifying entities may
establish stricter standards for
themselves and request that FSIS
approve a ‘‘free range’’ claim only if the
source birds actually use the yard.
As with animal producers and
certifying entities, consumers often have
a wide variety of views regarding the
meaning of specific animal raising
claims.
Policy Review and Public Meeting
FSIS has decided to initiate a review
of its policies for evaluating and
approving animal raising claims on
labels. FSIS will carry out this policy
review in cooperation with AMS.
To facilitate this review, FSIS is
publishing this Federal Register notice
to solicit public input on ways to
improve the Agency’s label approval
policies and practices with respect to
raising claims and to continue to ensure
that approved labels are truthful and not
misleading.
In addition, FSIS and AMS will hold
a public meeting on October 14, 2008,
to discuss the development, evaluation,
and proposed process for animal raising
claims. FSIS is collaborating with AMS
on these issues because AMS has taken
a lead in establishing voluntary
standards and in developing programs,
such as Quality System Verification
Programs (QSVPs) to verify or certify
marketing claims that relate to animal
raising practices.
Certification by Certifying Entities,
Request for Comments
The use of animal raising claims in
the labeling of meat and poultry
products is an important issue for
members of the industry that want to
use these claims to differentiate their
meat or poultry products from other
similar products in the marketplace. It
is also an important issue for consumers
that prefer to purchase products derived
from animals raised under certain
conditions.
FSIS wants to ensure that its policies
for evaluation and approval of animal
raising claims will create a level playing
field for companies that want to use
such claims in marketing their products
and that will allow consumers to use
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60229
animal raising claims information to
assist in their purchase decisions.
One approach under consideration is
to rely on outside certifying entities. A
certifying entity would evaluate a
company’s animal production protocol
to determine whether those practices
meet the certifying entities standards for
certifying the claim. The certifying
entity would define and publish its
standards. FSIS would review the
certifying entities standards to
determine whether they would in any
way render the claim false or
misleading. For example, poultry
‘‘raised without antibiotics’’ claims
certified by a certifying entity whose
standards covered only on the period
post-hatch, and allowed the
administration of antibiotics in ovo
would be considered misleading by the
Agency and not approved for label use.
The certifying entity would also
conduct audits to verify that the animals
used as the source for meat and poultry
products bearing the raising claims were
raised according to those standards.
Companies interested in using animal
raising claims in the labeling of their
meat or poultry products would submit
documentation of the certification as
part of their label approval requests.
If FSIS were to adopt this approach,
companies could use the services of a
private certifying entity or request that
USDA’s AMS establish a voluntary
audit-based program on specific animal
raising claims. For example, AMS’s
Livestock and Seed (LS) Program offers
verification services through QSVPs to
substantiate claims that cannot be
determined by direct examination of
livestock, their carcasses, or component
parts, thus allowing the product to be
labeled as ‘‘Verified by USDA’’ (https://
www.ams.usda.gov/ARCaudits). One
specific QSVP is the USDA Process
Verified Program, which allows a
supplier to make marketing claims
about feed practices or other raising
practices, and then label and market
their product as ‘‘USDA Process
Verified’’.
FSIS and AMS are interested in
comments on the use of certification
provided by certifying entities to verify
animal raising claims and other possible
approaches for approving the use of
such claims in the labeling of meat and
poultry products. The agencies plan to
discuss this and the other issues related
to animal raising claims at the October
14, 2008, public meeting.
The agencies are interested in public
input on the following questions
concerning the use of certifying entities
in evaluating and approving animal
raising claims in the labeling of meat
and poultry products.
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
1. Should FSIS continue to approve
label claims based on animal raising
standards developed by private
certifying entities and by companies
themselves if FSIS has reviewed the
standards and determines that they
would not render a claim false or
misleading?
2. Should FSIS establish any
performance criteria or standards for
private certifying entities? Should the
Agency require that private certifying
entities be reviewed and approved by
AMS?
3. Should FSIS establish minimum
standards that companies would have to
achieve to qualify to use certain animal
raising claims?
4. For those animal raising claims for
which AMS has adopted standards,
should FSIS adopt the AMS standards
as the minimum standards?
5. Would the approach outlined in
this document create any inequities or
create any problems for companies
interested in using animal raising claims
on the labels of their meat or poultry
products?
6. What other approaches should FSIS
consider for evaluating and approving
animal raising claims?
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that the public and, in particular,
minorities, women, and persons with
disabilities, are aware of this notice,
FSIS will announce it on-line through
the FSIS Web page located at https://
www.fsis.usda.gov/
regulations_&_policies/
2008_Notices_Index/index.asp.
FSIS also will make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, and other types of
information that could affect or would
be of interest to our constituents and
stakeholders. The Update is
communicated via Listserv, a free e-mail
subscription service consisting of
industry, trade, and farm groups,
consumer interest groups, allied health
professionals, scientific professionals,
and other individuals who have
requested to be included. The Update
also is available on the FSIS Web page.
Through Listserv and the Web page,
FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an e-mail
subscription service which provides
automatic and customized access to
selected food safety news and
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20:11 Oct 09, 2008
Jkt 217001
information. This service is available at
https://www.fsis.usda.gov/
news_and_events/email_subscription/.
Options range from recalls to export
information to regulations, directives
and notices. Customers can add or
delete subscriptions themselves and
have the option to password protect
their account.
Done at Washington, DC, on: October 7,
2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8–24191 Filed 10–7–08; 4:15 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Food Safety Inspection Service
[Docket No. FSIS 2008–0035]
Sampling and Testing Procedures for
Escherichia coli O157:H7 in Beef
Manufacturing Trimmings
Food Safety and Inspection
Service (FSIS), USDA.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: The Food Safety and
Inspection Service (FSIS) is announcing
that it will hold a public meeting on
October 14 and 15, 2008, to discuss
sampling and testing procedures used
by FSIS and industry for Escherichia
coli (E. coli) O157:H7 in beef
manufacturing trimmings and draft
guidance to industry concerning this
pathogen. Copies of the guidance
materials are available on the FSIS Web
site.
DATES: The public meeting will be held
on October 14 and 15, 2008.
ADDRESSES: The public meeting will be
held from 1 p.m. to 4:30 p.m. on
October 14 and from 8:30 a.m. to 4 p.m.
on October 15 at: L’Enfant Plaza Hotel,
480 L’Enfant Plaza, SW., Washington,
DC 20024, (202) 484–1000. FSIS invites
interested persons to submit comments
on the issues addressed at the public
meeting. FSIS will finalize an agenda on
or before the meeting date and will post
it on the FSIS Web page https://
www.fsis.usda.gov/
News?Meetings_&_Events/. The official
transcript of the meeting will be
available for viewing by the public in
the FSIS Docket Room and on the FSIS
Web site https://www.fsis.usda.gov/
News?Meetings_&_Events/ when it
becomes available.
Comments may be submitted by either
of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions at that site for
submitting comments.
PO 00000
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Fmt 4703
Sfmt 4703
Mail, including floppy disks or CD–
ROMs, and hand- or courier-delivered
items: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety
and Inspection Service, FSIS Docket
Room, 1400 Independence Avenue,
SW., Room 2534, Washington, DC
20250.
All submissions received must
include the Agency name and docket
number FSIS–2008–0035. Documents
referred to in this notice, and all
comments submitted in response to this
notice will be available for public
inspection in the FSIS Docket Room at
the address listed above between 8:30
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
Comments also will be posted on the
Agency’s Web site at https://
www.fsis.usda.gov/
regulations_&_policies/
2008_Notices_Index/index.asp.
Individuals who do not wish FSIS to
post their personal contact
information—mailing address, e-mail
address, telephone number—on the
Internet may leave this information off
of their comments.
FOR FURTHER INFORMATION CONTACT: Preregistration for this meeting is
recommended. To pre-register, go to the
FSIS Web site at https://
www.fsis.usda.gov/News_&_Events/
Reg_Ecoli_101408/index.asp.
For additional information, please
contact Keith Payne by telephone at
(202) 690–6522 or by e-mail at
keith.payne@fsis.usda.gov. Persons
requiring a sign language interpreter or
special accommodations should contact
Keith Payne as soon as possible.
SUPPLEMENTARY INFORMATION:
Background
The presence of E. coli O157:H7 in
raw beef products continues to be a
concern to FSIS. Based on E. coli
O157:H7 test results from FSIS, other
Federal and State entities, and industry,
E. coli O157:H7 continues to
contaminate finished product. Controls
in food safety systems, including
sanitary dressing procedures, do not
consistently prevent, eliminate, or
reduce E. coli O157:H7 to an
undetectable level. Therefore, testing
may be a means to ensure that
contaminated product does not enter
commerce. The meeting will focus on
sampling and testing of beef
manufacturing trimmings for E. coli
O157:H7.
Issues To Be Discussed at the Public
Meeting
FSIS will discuss the issues
associated with the uniformity and
E:\FR\FM\10OCN1.SGM
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Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60228-60230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24191]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 /
Notices
[[Page 60228]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2008-0026]
Product Labeling: Use of the Animal Raising Claims in the
Labeling of Meat and Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of public meeting; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is issuing this
notice to initiate a public process to review its policies regarding
the approval of animal raising claims in the labeling of meat and
poultry products. FSIS evaluates animal raising claims by considering
information on animal production practices submitted by companies as
part of their label approval requests. The Agency approves these claims
if the animal production information submitted with the label
application supports the claims being made and the claim is truthful
and not misleading.
The Agency's recent experience with labeling claims related to the
raising of poultry have led FSIS to initiate a review of its evaluation
and approval process for labels of meat and poultry products that
contain animal raising claims. The Agency is publishing this notice to
solicit public input and to announce that FSIS and the Agricultural
Marketing Service will jointly hold a public meeting to discuss these
issues.
DATES: The public meeting will be held on October 14, 2008. Comments on
this notice and the issues discussed at the public meeting must be
received by November 14, 2008.
ADDRESSES: The public meeting will be held from 8:30 a.m. to 12:30 p.m.
at the L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC
20024, (202) 484-1000.
FSIS will finalize an agenda on or before the meeting date and will
post it on the FSIS Internet Web page https://www.fsis.usda.gov/News?
Meetings-- & -- Events/.
The official transcript of the meeting will be available for
viewing by the public in the FSIS docket room and on the FSIS Web site
https://www.fsis.usda.gov/ News? Meetings-- &-- Events/ when it becomes
available.
FSIS invites interested persons to submit comments on this notice.
Comments may be submitted by one of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov.
Follow the online instructions at that site for submitting comments.
Mail, including floppy disks or CD-ROMs, and hand- or courier-
delivered items: Send to Docket Clerk, U.S. Department of Agriculture,
Food Safety and Inspection Service, FSIS Docket Room, 1400 Independence
Avenue, SW., Room 2534, Washington, DC 20250.
All submissions received must include the Agency name and docket
number FSIS-2008-0026. Documents referred to in this notice, and all
comments submitted in response to this notice, will be available for
public inspection in the FSIS Docket Room at the address listed above
between 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal
holidays. Comments also will be posted on the Agency's Web site at
https://www.fsis.usda.gov/regulations_&_policies/2008_Notices_Index/
index.asp.
Individuals who do not wish FSIS to post their personal contact
information--mailing address, e-mail address, telephone number--on the
Internet may leave this information off of their comments.
FOR FURTHER INFORMATION CONTACT: For technical information: Charles
Gioglio, Director, Labeling and Program Delivery Division, Office of
Policy and Program Development, USDA, FSIS, 1400 Independence Avenue,
SW., Washington, DC 20250, (202) 205-3625, e-mail:
Charles.Gioglio@fsis.usda.gov.
Pre-registration for this meeting is recommended. To pre-register,
please contact Sheila Johnson by telephone at (202) 690-6498 or by e-
mail at Sheila.Johnson@fsis.usda.gov. Persons requiring a sign language
interpreter or special accommodations should contact Sheila Johnson as
soon as possible.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA that is
responsible for ensuring that the nation's commercial supply of meat,
poultry, and egg products is safe, wholesome, and accurately labeled
and packaged. FSIS develops and implements regulations and policies to
ensure that meat, poultry, and egg product labeling is truthful and not
misleading. Under the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601, 607) and the Poultry Products Inspection Act (PPIA) (21 U.S.C.
451, 457), the labels of meat and poultry products must be approved by
the Secretary of Agriculture, who has delegated this authority to FSIS,
before these products can enter commerce.
Section 203(c) of the Agricultural Marketing Act (AMA) of 1946, as
amended (7 U.S.C. 1622), directs and authorizes the Secretary of
Agriculture ``to develop and improve standards of quality, condition,
quantity, grade, and packaging, and recommend and demonstrate such
standards in order to encourage uniformity and consistency in
commercial practices.'' The Agricultural Marketing Service (AMS) has
played a lead role in achieving the objectives of the AMA in part
through the development of voluntary standards for agricultural
products.
As part of its prior approval process for label claims, FSIS has
been asked to evaluate and approve label claims that highlight certain
aspects of the way animals used as the source for meat and poultry
products are raised. Examples of animal raising claims that the Agency
has approved include ``raised without antibiotics,'' ``not fed animal
by-products,'' ``free range,'' ``vegetarian fed diet,'' and ``raised
without added hormones.'' FSIS typically evaluates such claims by
reviewing testimonials, affidavits, animal production protocols, and
other relevant documentation provided by animal producers.
When FSIS evaluates a meat or poultry product label that includes
an animal raising claim, it reviews the animal production protocol
submitted in support of the label claim to ensure that it describes
practices that are accurately reflected in the claim being made.
Supporting documentation may
[[Page 60229]]
be submitted directly by the establishment seeking approval of the
label or by producers, growers, or others on the establishment's
behalf. If a company submits information that demonstrates that an
animal production claim is truthful and not misleading, FSIS allows
products derived from animals raised according to the protocol to bear
the raising claim on their labels.
In addition to producer testimonials and affidavits, establishments
or animal producers may also submit certifications from a certifying
organization or entity to support animal raising claims. FSIS accepts
these certifications if the Agency has evaluated the certifying
entity's animal raising standards and determined that they are truthful
and not misleading and accurately reflect the claim being made. FSIS
also allows the label of a meat or poultry product to bear a certified
claim if the claim clearly identifies the certifying entity, e.g.,
``certified free range by * * * (name of certifying entity),'' and the
Agency determines, based on its review of the entity's standards, that
the standards truthfully define the claim. FSIS makes this
determination in consultation with AMS and other agencies with relevant
expertise.
Issues Associated With Animal Raising Claims
It has become clear, however, that the use of animal raising claims
in the labeling of meat and poultry products presents issues that can
be difficult for FSIS to address through its pre-market label approval
process.
As discussed above, FSIS assesses animal raising claims by
evaluating supporting documentation that companies submit as part of
their label approval requests. However, because FSIS does not regulate
food animal production, the Agency may not always have all the relevant
information necessary to the proper evaluation of the animal raising
practices described in a producer's animal production protocol.
In addition, while FSIS' approval of an animal raising claim
depends on submissions that describe how the source animals were
raised, animal producers and certifying entities may have different
views on the specific animal production practices that qualify a
product to bare a given animal raising claim on its label. Thus, the
same animal raising claim may reflect different animal raising
practices, depending on how an animal producer or certifying entity
defines the basis for the claim.
For example, FSIS approves ``free range'' raising claims on the
labels of poultry products if the producer demonstrates that the birds
were allowed continuous, free access to the outside for over 51% of
their lives through a normal growing cycle. Under this standard, some
producers or certifying organizations may support a ``free range''
labeling claim if the source birds for the poultry products were
allowed access to a yard outside, regardless of whether the birds
actually use the yard. On the other hand, other producers or certifying
entities may establish stricter standards for themselves and request
that FSIS approve a ``free range'' claim only if the source birds
actually use the yard.
As with animal producers and certifying entities, consumers often
have a wide variety of views regarding the meaning of specific animal
raising claims.
Policy Review and Public Meeting
FSIS has decided to initiate a review of its policies for
evaluating and approving animal raising claims on labels. FSIS will
carry out this policy review in cooperation with AMS.
To facilitate this review, FSIS is publishing this Federal Register
notice to solicit public input on ways to improve the Agency's label
approval policies and practices with respect to raising claims and to
continue to ensure that approved labels are truthful and not
misleading.
In addition, FSIS and AMS will hold a public meeting on October 14,
2008, to discuss the development, evaluation, and proposed process for
animal raising claims. FSIS is collaborating with AMS on these issues
because AMS has taken a lead in establishing voluntary standards and in
developing programs, such as Quality System Verification Programs
(QSVPs) to verify or certify marketing claims that relate to animal
raising practices.
Certification by Certifying Entities, Request for Comments
The use of animal raising claims in the labeling of meat and
poultry products is an important issue for members of the industry that
want to use these claims to differentiate their meat or poultry
products from other similar products in the marketplace. It is also an
important issue for consumers that prefer to purchase products derived
from animals raised under certain conditions.
FSIS wants to ensure that its policies for evaluation and approval
of animal raising claims will create a level playing field for
companies that want to use such claims in marketing their products and
that will allow consumers to use animal raising claims information to
assist in their purchase decisions.
One approach under consideration is to rely on outside certifying
entities. A certifying entity would evaluate a company's animal
production protocol to determine whether those practices meet the
certifying entities standards for certifying the claim. The certifying
entity would define and publish its standards. FSIS would review the
certifying entities standards to determine whether they would in any
way render the claim false or misleading. For example, poultry ``raised
without antibiotics'' claims certified by a certifying entity whose
standards covered only on the period post-hatch, and allowed the
administration of antibiotics in ovo would be considered misleading by
the Agency and not approved for label use.
The certifying entity would also conduct audits to verify that the
animals used as the source for meat and poultry products bearing the
raising claims were raised according to those standards. Companies
interested in using animal raising claims in the labeling of their meat
or poultry products would submit documentation of the certification as
part of their label approval requests.
If FSIS were to adopt this approach, companies could use the
services of a private certifying entity or request that USDA's AMS
establish a voluntary audit-based program on specific animal raising
claims. For example, AMS's Livestock and Seed (LS) Program offers
verification services through QSVPs to substantiate claims that cannot
be determined by direct examination of livestock, their carcasses, or
component parts, thus allowing the product to be labeled as ``Verified
by USDA'' (https://www.ams.usda.gov/ARCaudits). One specific QSVP is the
USDA Process Verified Program, which allows a supplier to make
marketing claims about feed practices or other raising practices, and
then label and market their product as ``USDA Process Verified''.
FSIS and AMS are interested in comments on the use of certification
provided by certifying entities to verify animal raising claims and
other possible approaches for approving the use of such claims in the
labeling of meat and poultry products. The agencies plan to discuss
this and the other issues related to animal raising claims at the
October 14, 2008, public meeting.
The agencies are interested in public input on the following
questions concerning the use of certifying entities in evaluating and
approving animal raising claims in the labeling of meat and poultry
products.
[[Page 60230]]
1. Should FSIS continue to approve label claims based on animal
raising standards developed by private certifying entities and by
companies themselves if FSIS has reviewed the standards and determines
that they would not render a claim false or misleading?
2. Should FSIS establish any performance criteria or standards for
private certifying entities? Should the Agency require that private
certifying entities be reviewed and approved by AMS?
3. Should FSIS establish minimum standards that companies would
have to achieve to qualify to use certain animal raising claims?
4. For those animal raising claims for which AMS has adopted
standards, should FSIS adopt the AMS standards as the minimum
standards?
5. Would the approach outlined in this document create any
inequities or create any problems for companies interested in using
animal raising claims on the labels of their meat or poultry products?
6. What other approaches should FSIS consider for evaluating and
approving animal raising claims?
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and, in particular, minorities, women, and persons with
disabilities, are aware of this notice, FSIS will announce it on-line
through the FSIS Web page located at https://www.fsis.usda.gov/
regulations_&_policies/2008_Notices_Index/index.asp.
FSIS also will make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, and other types of information
that could affect or would be of interest to our constituents and
stakeholders. The Update is communicated via Listserv, a free e-mail
subscription service consisting of industry, trade, and farm groups,
consumer interest groups, allied health professionals, scientific
professionals, and other individuals who have requested to be included.
The Update also is available on the FSIS Web page. Through Listserv and
the Web page, FSIS is able to provide information to a much broader,
more diverse audience.
In addition, FSIS offers an e-mail subscription service which
provides automatic and customized access to selected food safety news
and information. This service is available at https://www.fsis.usda.gov/
news_and_events/email_subscription/.
Options range from recalls to export information to regulations,
directives and notices. Customers can add or delete subscriptions
themselves and have the option to password protect their account.
Done at Washington, DC, on: October 7, 2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8-24191 Filed 10-7-08; 4:15 pm]
BILLING CODE 3410-DM-P