Importation of Cooked Pork Skins, 66217-66222 [E9-29797]
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
jurisdiction meets the food safety
requirements of § 210.13.
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PART 220—SCHOOL BREAKFAST
PROGRAM
6. The authority citation for 7 CFR
part 220 continues to read as follows:
■
Authority: 42 U.S.C. 1773, 1779, unless
otherwise noted.
7. In § 220.7:
a. Add a new paragraph (a)(3); and
b. Revise paragraph (e)(8).
The addition and revision read as
follows:
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§ 220.7
Requirements for participation.
(a) * * *
(3) A school food authority must
implement a food safety program
meeting the requirements of § 210.13(c)
and § 210.15(b)(5) of this chapter at each
of the food preparation and service
facilities under its jurisdiction serving
breakfasts.
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(e) * * *
(8) Maintain, in the storage,
preparation and service of food, proper
sanitation and health standards in
conformance with all applicable State
and local laws and regulations, and
comply with the food safety
requirements in paragraph (a)(2) and
paragraph (a)(3) of this section;
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Dated: December 4, 2009.
Kevin W. Concannon,
Under Secretary, Food, Nutrition, and
Consumer Services.
[FR Doc. E9–29799 Filed 12–14–09; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS-2008-0032]
RIN 0579-AC80
Importation of Cooked Pork Skins
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AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations to allow for the importation
of cooked pork skins from regions
affected with foot-and-mouth disease,
swine vesicular disease, African swine
fever, and classical swine fever under
certain conditions. We are taking this
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action after preparing a risk assessment
that concluded that the cooking
methods examined are sufficient to
inactivate the pathogens of concern.
This action will relieve restrictions on
the importation of cooked pork skins
while continuing to protect against the
introduction of those diseases of
concern.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Karen A. James-Preston, Director,
Technical Trade Services-Products,
National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 40,
Riverdale, MD 20737-1231; (301) 7348172.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94
(referred to below as the regulations)
prohibit or restrict the importation of
certain animals and animal products
into the United States to prevent the
introduction of communicable diseases
of livestock and poultry. The regulations
in §§ 94.4, 94.8, 94.9, and 94.12, among
others, contain requirements for the
importation of cured or cooked meat
and pork or pork products from regions
where rinderpest, foot-and-mouth
disease (FMD), African swine fever
(ASF), classical swine fever (CSF), and
swine vesicular disease (SVD) exist.
On July 2, 2008, we published a
proposed rule1 in the Federal Register
(73 FR 37892-37896, Docket No. APHIS2008-0032) in which we proposed to
allow for the importation of cooked pork
skins from regions affected with FMD,
ASF, CSF, and SVD under certain
conditions. Specifically, we proposed to
amend the FMD-related provisions in
§ 94.4, the ASF-related provisions in
§ 94.8, the CSF-related provisions in
§ 94.9, and the SVD-related provisions
in § 94.12 by adding a new paragraph to
each section that authorizes the
importation of pork skins if they have
been cooked using one of the two
cooking methods described in the
proposed rule.
We solicited comments on the
proposed rule for 60 days ending
September 2, 2008. We received six
comments by that date, from State
agriculture departments, a pork industry
association, and a snack food
manufacturer. The commenters raised
several issues related to the proposed
rule. These issues are discussed below.
All the commenters expressed
concern that importing cooked pork
1 To view the proposed rule and the comments
we received, go to (https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0032).
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skins into the United States would
increase the risk of introducing swine
diseases into the United States. Some
commenters expressed concern that
disease could be introduced through
contaminated packaging as well as
through the product itself.
As we explained in the proposed rule,
cooked pork skins imported into the
United States must meet the other
requirements of our regulations as well
as the provisions of the Federal Meat
Inspection Act and the regulations in 9
CFR part 327. These safeguards include
requirements for pork and pork
products from regions where ASF exists
to be packed in clean new packaging
that is clearly distinguishable from
packaging used for pork or pork
products not eligible for export to the
United States. These safeguards have
been effective in preventing the
introduction of swine diseases into the
United States.
One commenter stated that the
cooking processes do not alter protein
functionality in pork skins. The
commenter expressed concern that pork
skin pellets could be rehydrated to their
original consistency and could therefore
present a risk of spreading disease.
As we explained in the proposed rule,
cooked pork skins would be fully
cooked by one of two cooking processes,
both of which exceed the heat
inactivation requirements for the
pathogens of concern. In addition, the
low levels of water activity in the pellets
would make it unlikely that the
pathogens would survive, since viruses
prefer moist conditions. Rehydrating the
pellets would not reactivate the
pathogens.
One commenter stated that when pork
skins are cooked in accordance with the
proposed processes, there would be a
temperature discrepancy between the
temperature of the oven or cooking oil
and internal temperature of the product.
The commenter was concerned that,
without proper validation, the internal
temperature of the product would not be
held high enough for long enough to
inactivate viruses.
The product in this case consists of
small pieces of skin which are typically
1 to 6 centimeters in width and half a
centimeter thick. Given both the size of
the pieces of skin and the length of the
prescribed cooking times, we are
confident that the interior temperature
of the product will reach a temperature
that will be near that of the oven or
cooking oil and that will be sufficient to
inactivate all the pathogens of concern.
One commenter stated that the
Animal and Plant Health Inspection
Service (APHIS) underestimated the
likelihood of the imported pork skins
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
being fed to swine. The commenter
stated that in pork rind frying
operations, spent or uncooked pellets
would be sent to rendering facilities that
would then sell their products to swine
feedlots. The commenter stated that
because the import request was for
cooked product that would need further
processing, not for fried product, this
represented a risk of spreading disease
to domestic swine.
APHIS notes that both cooking
processes include cooking in oil, or
deep frying, at temperatures which
exceed the inactivation requirements for
the pathogens of concern. Furthermore,
while we acknowledge that commercial
operations may send waste pellets to
rendering facilities, we also note that
any waste pellets used as feed would be
regulated under 9 CFR part 166, which
includes requirements that any garbage
intended for use as swine feed must be
treated to kill disease organisms. We are
making no changes to the rule in
response to this comment.
One commenter stated that the
process for approving facilities required
only one-time inspection and was
inadequate to assure that a facility met
the requirements in the regulations.
We disagree. In addition to APHIS
inspection and approval of facilities, the
Food Safety and Inspection Service
(FSIS), U.S. Department of Agriculture,
also conducts periodic inspections and
audits of overseas facilities. We are
confident that these reviews will be
effective in ensuring that foreign
processing facilities meet the
requirements of the regulations.
Several commenters asked for an
explanation of how we would know if
the requirements set forth in the
regulations have been met. One
commenter specifically asked how
quality control at foreign plants would
be documented.
Cooked pork skins to be imported into
the United States would have to be
produced at a facility that meets both
APHIS and FSIS requirements, and
would have to be accompanied by both
the foreign meat inspection certificate
required by 9 CFR part 327 and
certificates issued by the national
government of the region of origin that
state that the cooked pork skins meet
the requirements of our regulations.
Products that do not meet these
requirements are not allowed entry into
the United States. These procedures are
the same as those currently required for
other meat and meat products imported
into the United States and have been
effective in preventing the introduction
of foreign animal diseases.
One commenter asked if there was a
need for sampling of products and
packaging at the port of entry.
Such sampling will not be necessary.
To be allowed entry into the United
States, pork skins must be fully cooked
according to one of the two cooking
processes described in the proposed
rule. Sampling cooked products would
not provide any additional protection
for U.S. animal health because the
cooking processes will inactivate the
pathogens of concern.
Two commenters raised the issue that
States are held to a higher standard of
meat inspection than exporting
countries.
We are not making any changes in
response to these comments, as the
issue is outside APHIS’ statutory
authority.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been reviewed
under Executive Order 12866. The rule
has been determined to be not
significant for the purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
We are amending the regulations to
allow for the importation of cooked pork
skins from regions affected with FMD,
SVD, ASF, and CSF under certain
conditions. We are taking this action
after preparing a risk assessment that
concluded that the cooking methods
examined are sufficient to inactivate the
pathogens of concern. This action will
relieve restrictions on the importation of
cooked pork skins while continuing to
protect against the introduction of those
diseases of concern. In accordance with
the Regulatory Flexibility Act, we have
analyzed the potential economic effects
of this action on small entities.
Pork rinds are a snack food that is
made from deep-fried pork rind pellets
(cooked pig skins). The size of the pork
rind snack manufacturing industry is
considered to be relatively small.
Available Economic Census data do not
provide specific information on the pork
rind snack industry. The Census
categorizes the pork rind industry with
certain other snack foods (excluding
potato chips, corn chips, and related
products) under ‘‘other snack food
manufacturing,’’ and the product
classification code is 3119197.2 As table
1 shows, the industry is comprised of a
relatively small number of
establishments. On average, these
establishments employ fewer than 100
employees and therefore most, if not all,
of the establishments can be considered
to be small entities.3
TABLE 1.–SNACK FOOD MANUFACTURING, EXCLUDING POTATO CHIPS, CORN CHIPS, AND RELATED PRODUCTS, 2002
Number of establishments
Number of employees
Payroll
($ million)
Total cost of materials
($ million)
Total value of shipments
($ million)
47
4,284
$131
$365
$959
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Source: 2002 Economic Census (https://www.census.gov/prod/ec02/ec0231i311919.pdf).
Although no clear-cut method exists
to disaggregate the pork rind snack
manufacturers from the other snack
manufacturers in the Census data, we
can use available sales information for
pork rind snack food to approximate the
size of this segment of the industry.
Currently two trade associations keep
track of pork rind snack sales: The
Snack Food Association of
Alexandria, VA, reported sales of $562
million (-21.6 percent)4 and Information
Resources, Inc., of Chicago, IL, reported
sales of $98 million (-16.8 percent).5
Comparing these trade association
data to the $959 million shipment value
reported in the Census data for ‘‘other
snack food manufacturing,’’ sales by the
2 The products included within this code are
other chips, sticks, hard pretzels, bacon rinds,
popcorn (except candied), etc., excluding crackers,
soft pretzels, and nuts.
3 The U.S. Small Business Administration (SBA)
defines establishments engaged in other snack food
manufacturing (North American Industry
Classification System code 311919) as small if their
employees number no more than 500.
4 Sales in 2005, which includes all distribution
channels. Percentage shows the change from
previous year.
5 Total supermarket, drug store, and mass
merchandising sales for the 52 weeks ending May
21, 2006, excluding Wal-Mart. Percentage shows the
change from previous year.
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
pork rind snack manufacturers may
represent as much as one-half of sales
for this product category. In terms of the
sales trend, it is notable that both trade
associations reported about 20 percent
declines in sales from the previous year.
The slowdown in sales may at least
partially reflect a shift in consumers’
orientation away from the high-protein/
low-carbohydrate diet that seems to
have peaked in 2004.
Pork Rind Pellet Manufacturers
Pork rind pellets are made from
cooked pork skins and are the main
material used in making pork rind
66219
snacks. The number and size of the pork
rind pellet manufacturers (including
manufacturers of pork cracklings6) are
relatively small. Only 17 establishments
compose this industry, and they had a
total shipment value in 2002 of $196
million, as shown in table 2.
TABLE 2.–PORK RIND PELLET MANUFACTURERS, 2002
Product code
Product description
Number of companies with
shipments of $100,000 or
more
Shipment value
($ million)
Estimated shipment
volume1
311611R121
Pork rind pellets, including pork
cracklings, made in slaughtering plants
5
$45
155.9 million pounds
(70,715 metric tons)
311612A441
Pork rind pellets, including pork
cracklings, made from purchased carcasses
12
151
56 million pounds
(91,580 metric tons)
1 Although shipment volumes for pork rind pellets are not available in the 2002 Census data, the 1997 Census data indicate that 123.7 million
pounds were shipped for product code 311612A441, with a total shipment value of $130 million. The 2002 figures are calculated based on this
information.
Source: 2002 Economic Census.
U.S. Imports and Exports of Pork Rind
Products
Trade data7 specific to pork rinds are
not available; instead, three harmonized
tariff schedule (HTS) data for the edible
offal of swine are examined and
summarized.8, 9 Tables 3 and 4
summarize the import and export trends
for these three HTS codes.10
The United States has imported a
relatively small volume of edible offal of
swine, including pork rinds, at an
average of 7,000 metric tons annually
with a value of $12 million over the past
5 years. Although the import of swine
offal peaked in 2005 and has declined
since, U.S. exports are relatively stable.
The United States exported, on an
average, about 24,000 metric tons with
an average value of $24 million, and the
United States has been a consistent net
exporter of the edible offal of swine over
the past 5 years.
TABLE 3.–U.S. IMPORTS OF EDIBLE OFFAL OF SWINE, FROZEN, PREPARED, OR PRESERVED
2002
Country
Million
dollars
2003
Metric
ton
Million
dollars
2004
Metric
ton
Million
dollars
2005
Metric
ton
Million
dollars
2006
Metric
ton
Million
dollars
Metric
ton
Canada
2.9
2,901
4.3
3,553
10.5
4,481
7.0
6,635
5.7
6,274
Denmark
8.1
2,183
6.8
2,281
7.5
1,893
2.1
2,247
2.1
1,127
Mexico
0.0
0
1.1
0
0.6
108
0.0
79
0.0
0
Others
0.0
177
0.0
144
0.1
102
0.1
174
0.0
27
11.3
5,261
12.8
5,978
19.2
6,584
9.5
9,135
7.8
7,428
Total
Source: U.S. International Trade Commission, HTS 0206490000, 0206490050, 1602494000
TABLE 4.–U.S. EXPORTS OF EDIBLE OFFAL OF SWINE, FROZEN, PREPARED, OR PRESERVED
2002
Country
Million
dollars
2003
Metric
tons
Million
dollars
2004
Metric
tons
Million
dollars
2005
Metric
tons
Million
dollars
2006
Metric
tons
Million
dollars
Metric
tons
10.1
15,405
11.0
16,747
19.4
24,325
18.3
21,235
16.5
22,078
Japan
9.4
3,102
3.3
1,410
0.9
272
1.4
435
4.4
1,494
Korea
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Mexico
0.5
358
1.6
776
1.8
848
2.2
1,029
3.0
1,330
6 Cracklings are produced from pellets — cooked
pork skins — that are thicker and meatier than
rinds.
7 Source: U.S. International Trade Commission
Interactive Tariff and Trade Dataweb.
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8 HTS 020649 – Edible offal of swine, frozen:
Other; HTS 0206490050 – Edible offal of swine,
frozen, pork rind (Note: This classification is no
longer available in the 2007 HTS); HTS 1602494000
– Other prepared or preserved meat, meat offal, or
blood of swine: Other, not containing cereals or
vegetables, other.
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9 Of those, only one HTS is specifically for pork
rind (frozen). The other two include other edible
offal of frozen, prepared, or preserved swine.
10 ‘‘Landed Duty-Paid Value,’’ which is the sum
of the cost, insurance, and freight (CIF) value plus
calculated duties, is used for the trade data.
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TABLE 4.–U.S. EXPORTS OF EDIBLE OFFAL OF SWINE, FROZEN, PREPARED, OR PRESERVED—Continued
2002
Country
Million
dollars
2003
Metric
tons
Million
dollars
2004
Metric
tons
Million
dollars
2005
Metric
tons
Million
dollars
2006
Metric
tons
Million
dollars
Metric
tons
Hong Kong
2.3
1,097
1.4
679
1.2
353
1.1
261
1.5
330
Others
3.8
2,518
2.3
2,720
1.1
1,584
1.1
853
0.8
695
26.1
22,120
19.6
22,332
24.4
27,382
24.1
23,813
26.2
25,927
Total
Source: U.S. International Trade Commission.
Exports of Pork Rind Products from
Brazil
Two HTS categories that include pork
skins are used to examine the status of
Brazilian exports of pork rinds: 160249
(Meat, Meat Offal or Mixtures of Swine,
Prepared or Preserved, NESOI11) and
020649 (Offal of Swine Except Livers,
Edible, Frozen).
TABLE 5.–EXPORTS OF SWINE OFFAL FROM BRAZIL
2003
Country
Hong Kong
Million
dollars
Metric
tons
2004
Per
metric
ton
Million
dollars
2005
Per
metric
ton
Metric
tons
Million
dollars
Metric
tons
Per
metric
ton
% share of
volume
$7.2
9.199
781.9
$9.5
10.347
916.9
$15.2
14,537
1,046.9
65.2%
Russia
3.4
4,621
725.3
2.2
2,897
750.1
4.1
4,689
876.8
21.0%
Others
2.3
3,882
602.7
3.3
3,493
942.7
3.0
3,064
960.1
13.7%
12.9
17,702
727.8
15.0
16,737
893.4
22.3
22,290
999.2
100%
World Total
Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.
Brazil exports a relatively small
amount of swine offal products. On an
average, it exports about 19,000 metric
tons annually with a total value of $17
million. Hong Kong is by far the largest
buyer of Brazilian swine offal,
accounting for almost two-thirds of total
exports. Russia is the second largest
buyer; however, its imports are limited
to frozen swine offal (HTS 0206491).
In terms of the aggregate world export
of swine offal products, Brazil is ranked
around tenth in both HTS categories
with its share accounting for about 1
percent of world trade.12
Expected Economic Impact
The expected impact of the final rule
on the U.S. economy is illustrated under
two scenarios: 3 million pounds (1,361
metric tons) and 4 million pounds
(1,814 metric tons) of pork rind pellets
imported from Brazil.13 These scenarios
reflect the initial plan of the U.S.
importer who requested the rule.
Table 6 summarizes the estimated
price effects and impacts for U.S.
producers and consumers under these
two scenarios, using a nonspatial,
partial equilibrium welfare model. The
changes are minor; the model estimates
that the net welfare benefit would be
about $19,000 under the first scenario (3
million pounds imported) and $30,000
under the second scenario (4 million
pounds imported). These welfare
measures reflect a reduction in domestic
production that would be more than
offset by an increase in consumption.
The changes in domestic production
and consumption would be less than 1
percent. It is, therefore, safely assumed
that the final rule will not have a
significant economic impact on small
entities in the pork rind industry.
TABLE 6.–ESTIMATED IMPACT ON THE U.S. ECONOMY OF PORK OFFAL IMPORTS FROM BRAZIL
Pork rind pellets imported from Brazil
1,361 metric tons (3 million pounds)
1,814 metric tons (4 million pounds)
Change in U.S. consumption, metric ton
680.8
840.8
Change in U.S. production, metric ton
-730.2
-973.2
-$17.08
-$22.76
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Change in price of pork rind pellets, dollars per
metric ton
Not Elsewhere Specified Or Indicated.
exporters of HTS 020649 in 2005 were the
United States (18 percent share), Germany
(16 percent), Canada (13 percent), and Denmark (11
percent). For HTS 160249, top exporters were China
11
12 Top
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(25 percent), Denmark (14 percent), Germany (12
percent), and the United States (8 percent).
13 We used a nonspatial, partial equilibrium
welfare model to quantify the economic effects of
this rule. In addition to the importer’s plan to
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import 3 to 4 million pounds, the price and
quantity data explained in previous sections are
used as inputs.
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66221
TABLE 6.–ESTIMATED IMPACT ON THE U.S. ECONOMY OF PORK OFFAL IMPORTS FROM BRAZIL—Continued
Pork rind pellets imported from Brazil
1,361 metric tons (3 million pounds)
1,814 metric tons (4 million pounds)
Change in consumer welfare, thousand dollars
$1,577
$2,104
Change in annual net welfare, thousand dollars
$19
$30
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Has no
retroactive effect; and (2) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock,
Meat and meat products, Milk, Poultry
and poultry products, Reporting and
recordkeeping requirements.
■ Accordingly, we are amending 9 CFR
part 94 as follows:
PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, EXOTIC
NEWCASTLE DISEASE, AFRICAN
SWINE FEVER, CLASSICAL SWINE
FEVER, SWINE VESICULAR DISEASE,
AND BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701-7772, 77817786, and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
2. Section 94.4 is amended as follows:
a. In paragraph (b)(7), by removing the
citation ‘‘§ 94.4(b)(4) or (b)(5)’’ and
adding the words ‘‘paragraph (b)(4) or
(b)(5) of this section’’ in its place.
■ b. By redesignating paragraphs (b)(8)
and (b)(9) as paragraphs (b)(9) and
(b)(10), respectively, and adding a new
paragraph (b)(8) to read as set forth
below.
■ c. In newly redesignated paragraph
(b)(9)(ii), by removing the citation
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■
■
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12:30 Dec 14, 2009
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‘‘(b)(8)(i)’’ and adding the citation
‘‘(b)(9)(i)’’ in its place.
§ 94.4 Cured or cooked meat from regions
where rinderpest or foot-and-mouth disease
exists.
*
*
*
*
*
(b) * * *
(8) Pork rind pellets (pork skins). Pork
rind pellets (pork skins) must be cooked
in one of the following ways:
(i) One-step process. The pork skins
must be cooked in oil for at least 80
minutes when oil temperature is
consistently maintained at a minimum
of 114 °C.
(ii) Two-step process. The pork skins
must be dry-cooked at 260 °C for
approximately 210 minutes after which
they must be cooked in hot oil (deepfried) at 104 °C for an additional 150
minutes.
*
*
*
*
*
■ 3. Section 94.8 is amended as follows:
■ a. In paragraph (a)(3)(i), by removing
the citation ‘‘(a)(4)’’ and adding the
words ‘‘(a)(5) of this section’’ in its
place.
■ b. By redesignating paragraph (a)(4) as
paragraph (a)(5), and by adding a new
paragraph (a)(4) to read as set forth
below.
§ 94.8 Pork and pork products from
regions where African swine fever exists or
is reasonably believed to exist.
*
*
*
*
*
(a) * * *
(4) The pork product is pork rind
pellets (pork skins) that were cooked in
one of the following ways in an
establishment that meets the
requirements in paragraph (a)(5) of this
section:
(i) One-step process. The pork skins
must be cooked in oil for at least 80
minutes when oil temperature is
consistently maintained at a minimum
of 114 °C.
(ii) Two-step process. The pork skins
must be dry-cooked at a minimum of
260 °C for approximately 210 minutes
after which they must be cooked in hot
oil (deep-fried) at a minimum of 104 °C
for an additional 150 minutes.
*
*
*
*
*
■ 4. Section 94.9 is amended as follows:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
a. In paragraph (c)(1)(ii)(B), by
removing the word ‘‘or’’ the second time
it appears.
■ b. In paragraph (c)(1)(iii)(C)(2), by
removing the period at the end of the
paragraph and adding ‘‘; or’’ in its place.
■ c. By adding a new paragraph
(c)(1)(iv) to read as set forth below.
■ d. In paragraph (c)(2), by removing the
citation ‘‘(c)(1)(ii) or (iii)’’ and adding
the citation ‘‘(c)(1)(ii), (iii), or (iv)’’ in its
place.
■ e. In paragraph (c)(3), by removing the
citation ‘‘(c)(1)(ii) or (iii)’’ both places it
occurs and adding the citation
‘‘(c)(1)(ii), (iii), or (iv)’’ in its place.
■
§ 94.9 Pork and pork products from
regions where classical swine fever exists.
*
*
*
*
*
(c) * * *
(1) * * *
(iv) Pork rind pellets (pork skins)
originating in regions where classical
swine fever is known to exist may be
imported into the United States
provided they have been cooked in one
of the following ways:
(A) One-step process. The pork skins
must be cooked in oil for at least 80
minutes when oil temperature is
consistently maintained at a minimum
of 114 °C.
(B) Two-step process. The pork skins
must be dry-cooked at a minimum of
260 °C for approximately 210 minutes
after which they must be cooked in hot
oil (deep-fried) at a minimum of 104 °C
for an additional 150 minutes.
*
*
*
*
*
■ 5. In § 94.12, a new paragraph
(b)(1)(vi) is added to read as follows:
§ 94.12 Pork and pork products from
regions where swine vesicular disease
exists.
*
*
*
*
*
(b) * * *
(1) * * *
(vi) Pork rind pellets (pork skins)
must be cooked in one of the following
ways:
(A) One-step process. The pork skins
must be cooked in oil for at least 80
minutes when oil temperature is
consistently maintained at a minimum
of 114 °C.
E:\FR\FM\15DER1.SGM
15DER1
66222
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
(B) Two-step process. The pork skins
must be dry-cooked at a minimum of
260 °C for approximately 210 minutes
after which they must be cooked in hot
oil (deep-fried) at a minimum of 104 °C
for an additional 150 minutes.
*
*
*
*
*
Done in Washington, DC, this 9th day
of December 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–29797 Filed 12–14–09; 8:33 am]
BILLING CODE 3410–34–S
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 95
[Docket No. APHIS-2006-0113]
RIN 0579-AC11
Importation of Swine Hides and Skins,
Bird Trophies, and Ruminant Hides
and Skins
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations governing the importation of
animal byproducts to require that
untanned swine hides and skins from
regions with African swine fever and
bird trophies from regions with exotic
Newcastle disease meet certain
requirements or go directly to an
approved establishment upon
importation into the United States. We
are also setting out certain requirements
for the importation of untanned bovine,
deer, and other ruminant hides and
skins into the United States from
Mexico to prevent the spread of bovine
babesiosis. These requirements will
provide for the importation of these
articles under conditions intended to
prevent the introduction of African
swine fever, bovine babesiosis, and
exotic Newcastle disease.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Tracye Butler, Senior Staff Veterinarian,
Technical Trade Services, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 7347476.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 93, 94,
95, and 96 (referred to below as the
VerDate Nov<24>2008
12:30 Dec 14, 2009
Jkt 220001
regulations) govern the importation of
certain animals, birds, poultry, meat,
other animal products and byproducts,
hay, and straw into the United States in
order to prevent the introduction of
various animal diseases, including
rinderpest, foot-and-mouth disease
(FMD), African swine fever (ASF), and
exotic Newcastle disease (END). The
regulations in § 95.5 set out
requirements for the entry of untanned
hides and skins. Section 95.6 sets out
restrictions for those hides or skins that
do not meet the requirements for entry
in § 95.5.
On August 4, 2006, we published in
the Federal Register (71 FR 4423444239, Docket No. APHIS- 2006-0113) a
proposal1 to provide specific conditions
under which untanned swine hides and
skins from regions not considered free
of ASF and bovine, deer and other
ruminant hides and skins from Mexico
could be imported into the United
States in order to protect the U.S.
livestock populations from incursions of
ASF and bovine babesiosis. We also
proposed to restrict the importation of
bird trophies in order to protect U.S.
bird populations against the
introduction of END. For greater clarity,
we also proposed to reorganize the
provisions of § 95.5.
We solicited comments concerning
our proposal for 60 days ending October
3, 2006. We received three comments by
that date. They were from a
representative of a consortium of
scientific societies, a representative of a
foreign government, and a private
citizen. They are discussed below.
One commenter suggested that we
prohibit all imports mentioned in this
proposed rule, because, according to the
commenter, neither our treatment and
certification requirements nor our
inspections are rigorous enough to
prevent the introduction of disease.
The commenter did not provide
specific information indicating how the
proposed requirements or our
inspection procedures were insufficient
to prevent the introduction of ASF,
bovine babesiosis, and END into the
United States. Our existing
requirements and inspection procedures
have been effective in preventing the
introduction of rinderpest and FMD,
and we believe that the requirements of
this rule will be effective in preventing
the introduction of ASF, bovine
babesiosis, and END into the United
States.
One commenter pointed out an
inconsistency between our explanation
1 To view the proposed rule and the comments
we received, go to (https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0113).
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
of the proposed regulations in the
preamble of the proposed rule and the
proposed regulatory text.
We proposed to revise § 95.5 by
redesignating paragraphs (a) through (e),
which contain general provisions to
allow the importation of ruminant hides
and skins, as paragraphs (a)(1) through
(a)(5). To address the specific risk of
infestation with ticks carrying bovine
babesiosis, we proposed to allow the
importation of ruminant hides and skins
from Mexico under proposed paragraph
(b)(1) if they are hard dried in
accordance with proposed paragraph
(a)(2); have been pickled in a solution of
salt containing mineral acid which has
a pH of less than or equal to 5 and
placed in containers while wet in
accordance with proposed paragraph
(a)(4); have been treated with lime so as
to have become dehaired and ready for
preparation into rawhide products in
accordance with proposed paragraph
(a)(5); have been frozen solid for 24
hours; are certified to be free of ticks; or
were taken from cattle subjected to a
tickicidal dip prior to slaughter.
However, as the commenter correctly
noted, the proposed regulatory text in
paragraph (b)(1) incorrectly referred to
subjecting ruminant hides or skins from
Mexico to one of the treatments listed in
proposed § 95.5(a)(2), (a)(3), or (a)(4);
paragraph (a)(3) contains a certification
process that does not address the risk
associated with ticks. Accordingly, the
regulatory text in § 95.5(b)(1) in this
final rule refers to the treatments in
paragraphs (a)(2), (a)(4), and (a)(5) of
§ 95.5.
We proposed to add paragraph (c) in
§ 95.5 to provide for the importation of
bird trophies from END-free regions.
Under this paragraph, bird trophies
from END-free regions may be imported
without further restriction if they are
accompanied by a certificate of origin
issued by the national government of
the region of export.
One commenter suggested two
changes to the manner in which the
proposed rule addressed bird trophies.
The commenter’s first suggested
change was to add a definition of ‘‘bird
trophy’’ to the regulations in order to
distinguish between bird carcasses or
skins imported for ornamental or
decorative display and those bird
carcasses or skins imported for the
purpose of research or display in a
museum or educational institution. The
commenter stated that adding such a
definition to the regulations would help
port inspectors to distinguish a bird
trophy from research material.
We agree that defining ‘‘bird trophy’’
may make distinguishing a bird trophy
from material of avian origin intended
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66217-66222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2008-0032]
RIN 0579-AC80
Importation of Cooked Pork Skins
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations to allow for the importation
of cooked pork skins from regions affected with foot-and-mouth disease,
swine vesicular disease, African swine fever, and classical swine fever
under certain conditions. We are taking this action after preparing a
risk assessment that concluded that the cooking methods examined are
sufficient to inactivate the pathogens of concern. This action will
relieve restrictions on the importation of cooked pork skins while
continuing to protect against the introduction of those diseases of
concern.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. Karen A. James-Preston, Director,
Technical Trade Services-Products, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;
(301) 734-8172.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
and animal products into the United States to prevent the introduction
of communicable diseases of livestock and poultry. The regulations in
Sec. Sec. 94.4, 94.8, 94.9, and 94.12, among others, contain
requirements for the importation of cured or cooked meat and pork or
pork products from regions where rinderpest, foot-and-mouth disease
(FMD), African swine fever (ASF), classical swine fever (CSF), and
swine vesicular disease (SVD) exist.
On July 2, 2008, we published a proposed rule\1\ in the Federal
Register (73 FR 37892-37896, Docket No. APHIS-2008-0032) in which we
proposed to allow for the importation of cooked pork skins from regions
affected with FMD, ASF, CSF, and SVD under certain conditions.
Specifically, we proposed to amend the FMD-related provisions in Sec.
94.4, the ASF-related provisions in Sec. 94.8, the CSF-related
provisions in Sec. 94.9, and the SVD-related provisions in Sec. 94.12
by adding a new paragraph to each section that authorizes the
importation of pork skins if they have been cooked using one of the two
cooking methods described in the proposed rule.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0032).
---------------------------------------------------------------------------
We solicited comments on the proposed rule for 60 days ending
September 2, 2008. We received six comments by that date, from State
agriculture departments, a pork industry association, and a snack food
manufacturer. The commenters raised several issues related to the
proposed rule. These issues are discussed below.
All the commenters expressed concern that importing cooked pork
skins into the United States would increase the risk of introducing
swine diseases into the United States. Some commenters expressed
concern that disease could be introduced through contaminated packaging
as well as through the product itself.
As we explained in the proposed rule, cooked pork skins imported
into the United States must meet the other requirements of our
regulations as well as the provisions of the Federal Meat Inspection
Act and the regulations in 9 CFR part 327. These safeguards include
requirements for pork and pork products from regions where ASF exists
to be packed in clean new packaging that is clearly distinguishable
from packaging used for pork or pork products not eligible for export
to the United States. These safeguards have been effective in
preventing the introduction of swine diseases into the United States.
One commenter stated that the cooking processes do not alter
protein functionality in pork skins. The commenter expressed concern
that pork skin pellets could be rehydrated to their original
consistency and could therefore present a risk of spreading disease.
As we explained in the proposed rule, cooked pork skins would be
fully cooked by one of two cooking processes, both of which exceed the
heat inactivation requirements for the pathogens of concern. In
addition, the low levels of water activity in the pellets would make it
unlikely that the pathogens would survive, since viruses prefer moist
conditions. Rehydrating the pellets would not reactivate the pathogens.
One commenter stated that when pork skins are cooked in accordance
with the proposed processes, there would be a temperature discrepancy
between the temperature of the oven or cooking oil and internal
temperature of the product. The commenter was concerned that, without
proper validation, the internal temperature of the product would not be
held high enough for long enough to inactivate viruses.
The product in this case consists of small pieces of skin which are
typically 1 to 6 centimeters in width and half a centimeter thick.
Given both the size of the pieces of skin and the length of the
prescribed cooking times, we are confident that the interior
temperature of the product will reach a temperature that will be near
that of the oven or cooking oil and that will be sufficient to
inactivate all the pathogens of concern.
One commenter stated that the Animal and Plant Health Inspection
Service (APHIS) underestimated the likelihood of the imported pork
skins
[[Page 66218]]
being fed to swine. The commenter stated that in pork rind frying
operations, spent or uncooked pellets would be sent to rendering
facilities that would then sell their products to swine feedlots. The
commenter stated that because the import request was for cooked product
that would need further processing, not for fried product, this
represented a risk of spreading disease to domestic swine.
APHIS notes that both cooking processes include cooking in oil, or
deep frying, at temperatures which exceed the inactivation requirements
for the pathogens of concern. Furthermore, while we acknowledge that
commercial operations may send waste pellets to rendering facilities,
we also note that any waste pellets used as feed would be regulated
under 9 CFR part 166, which includes requirements that any garbage
intended for use as swine feed must be treated to kill disease
organisms. We are making no changes to the rule in response to this
comment.
One commenter stated that the process for approving facilities
required only one-time inspection and was inadequate to assure that a
facility met the requirements in the regulations.
We disagree. In addition to APHIS inspection and approval of
facilities, the Food Safety and Inspection Service (FSIS), U.S.
Department of Agriculture, also conducts periodic inspections and
audits of overseas facilities. We are confident that these reviews will
be effective in ensuring that foreign processing facilities meet the
requirements of the regulations.
Several commenters asked for an explanation of how we would know if
the requirements set forth in the regulations have been met. One
commenter specifically asked how quality control at foreign plants
would be documented.
Cooked pork skins to be imported into the United States would have
to be produced at a facility that meets both APHIS and FSIS
requirements, and would have to be accompanied by both the foreign meat
inspection certificate required by 9 CFR part 327 and certificates
issued by the national government of the region of origin that state
that the cooked pork skins meet the requirements of our regulations.
Products that do not meet these requirements are not allowed entry into
the United States. These procedures are the same as those currently
required for other meat and meat products imported into the United
States and have been effective in preventing the introduction of
foreign animal diseases.
One commenter asked if there was a need for sampling of products
and packaging at the port of entry.
Such sampling will not be necessary. To be allowed entry into the
United States, pork skins must be fully cooked according to one of the
two cooking processes described in the proposed rule. Sampling cooked
products would not provide any additional protection for U.S. animal
health because the cooking processes will inactivate the pathogens of
concern.
Two commenters raised the issue that States are held to a higher
standard of meat inspection than exporting countries.
We are not making any changes in response to these comments, as the
issue is outside APHIS' statutory authority.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are amending the regulations to allow for the importation of
cooked pork skins from regions affected with FMD, SVD, ASF, and CSF
under certain conditions. We are taking this action after preparing a
risk assessment that concluded that the cooking methods examined are
sufficient to inactivate the pathogens of concern. This action will
relieve restrictions on the importation of cooked pork skins while
continuing to protect against the introduction of those diseases of
concern. In accordance with the Regulatory Flexibility Act, we have
analyzed the potential economic effects of this action on small
entities.
Pork rinds are a snack food that is made from deep-fried pork rind
pellets (cooked pig skins). The size of the pork rind snack
manufacturing industry is considered to be relatively small. Available
Economic Census data do not provide specific information on the pork
rind snack industry. The Census categorizes the pork rind industry with
certain other snack foods (excluding potato chips, corn chips, and
related products) under ``other snack food manufacturing,'' and the
product classification code is 3119197.\2\ As table 1 shows, the
industry is comprised of a relatively small number of establishments.
On average, these establishments employ fewer than 100 employees and
therefore most, if not all, of the establishments can be considered to
be small entities.\3\
---------------------------------------------------------------------------
\2\ The products included within this code are other chips,
sticks, hard pretzels, bacon rinds, popcorn (except candied), etc.,
excluding crackers, soft pretzels, and nuts.
\3\ The U.S. Small Business Administration (SBA) defines
establishments engaged in other snack food manufacturing (North
American Industry Classification System code 311919) as small if
their employees number no more than 500.
Table 1.-Snack food manufacturing, excluding potato chips, corn chips, and related products, 2002
----------------------------------------------------------------------------------------------------------------
Total cost of Total value of
Number of Number of employees Payroll ($ million) materials ($ shipments ($
establishments million) million)
----------------------------------------------------------------------------------------------------------------
47 4,284 $131 $365 $959
----------------------------------------------------------------------------------------------------------------
Source: 2002 Economic Census (https://www.census.gov/prod/ec02/ec0231i311919.pdf).
Although no clear-cut method exists to disaggregate the pork rind
snack manufacturers from the other snack manufacturers in the Census
data, we can use available sales information for pork rind snack food
to approximate the size of this segment of the industry. Currently two
trade associations keep track of pork rind snack sales: The Snack Food
Association of Alexandria, VA, reported sales of $562 million (-21.6
percent)\4\ and Information Resources, Inc., of Chicago, IL, reported
sales of $98 million (-16.8 percent).\5\
---------------------------------------------------------------------------
\4\ Sales in 2005, which includes all distribution channels.
Percentage shows the change from previous year.
\5\ Total supermarket, drug store, and mass merchandising sales
for the 52 weeks ending May 21, 2006, excluding Wal-Mart. Percentage
shows the change from previous year.
---------------------------------------------------------------------------
Comparing these trade association data to the $959 million shipment
value reported in the Census data for ``other snack food
manufacturing,'' sales by the
[[Page 66219]]
pork rind snack manufacturers may represent as much as one-half of
sales for this product category. In terms of the sales trend, it is
notable that both trade associations reported about 20 percent declines
in sales from the previous year. The slowdown in sales may at least
partially reflect a shift in consumers' orientation away from the high-
protein/low-carbohydrate diet that seems to have peaked in 2004.
Pork Rind Pellet Manufacturers
Pork rind pellets are made from cooked pork skins and are the main
material used in making pork rind snacks. The number and size of the
pork rind pellet manufacturers (including manufacturers of pork
cracklings\6\) are relatively small. Only 17 establishments compose
this industry, and they had a total shipment value in 2002 of $196
million, as shown in table 2.
---------------------------------------------------------------------------
\6\ Cracklings are produced from pellets -- cooked pork skins --
that are thicker and meatier than rinds.
Table 2.-Pork rind pellet manufacturers, 2002
----------------------------------------------------------------------------------------------------------------
Number of companies Estimated
Product code Product description with shipments of Shipment value shipment
$100,000 or more ($ million) volume\1\
----------------------------------------------------------------------------------------------------------------
311611R121 Pork rind pellets, including 5 $45 155.9 million
pork cracklings, made in pounds (70,715
slaughtering plants metric tons)
----------------------------------------------------------------------------------------------------------------
311612A441 Pork rind pellets, including 12 151 56 million pounds
pork cracklings, made from (91,580 metric
purchased carcasses tons)
----------------------------------------------------------------------------------------------------------------
\1\ Although shipment volumes for pork rind pellets are not available in the 2002 Census data, the 1997 Census
data indicate that 123.7 million pounds were shipped for product code 311612A441, with a total shipment value
of $130 million. The 2002 figures are calculated based on this information.
Source: 2002 Economic Census.
U.S. Imports and Exports of Pork Rind Products
Trade data\7\ specific to pork rinds are not available; instead,
three harmonized tariff schedule (HTS) data for the edible offal of
swine are examined and summarized.8, 9 Tables 3 and 4
summarize the import and export trends for these three HTS codes.\10\
---------------------------------------------------------------------------
\7\ Source: U.S. International Trade Commission Interactive
Tariff and Trade Dataweb.
\8\ HTS 020649 - Edible offal of swine, frozen: Other; HTS
0206490050 - Edible offal of swine, frozen, pork rind (Note: This
classification is no longer available in the 2007 HTS); HTS
1602494000 - Other prepared or preserved meat, meat offal, or blood
of swine: Other, not containing cereals or vegetables, other.
\9\ Of those, only one HTS is specifically for pork rind
(frozen). The other two include other edible offal of frozen,
prepared, or preserved swine.
\10\ ``Landed Duty-Paid Value,'' which is the sum of the cost,
insurance, and freight (CIF) value plus calculated duties, is used
for the trade data.
---------------------------------------------------------------------------
The United States has imported a relatively small volume of edible
offal of swine, including pork rinds, at an average of 7,000 metric
tons annually with a value of $12 million over the past 5 years.
Although the import of swine offal peaked in 2005 and has declined
since, U.S. exports are relatively stable. The United States exported,
on an average, about 24,000 metric tons with an average value of $24
million, and the United States has been a consistent net exporter of
the edible offal of swine over the past 5 years.
Table 3.-U.S. imports of edible offal of swine, frozen, prepared, or preserved
----------------------------------------------------------------------------------------------------------------
2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------
Country Million Metric Million Metric Million Metric Million Metric Million Metric
dollars ton dollars ton dollars ton dollars ton dollars ton
----------------------------------------------------------------------------------------------------------------
Canada 2.9 2,901 4.3 3,553 10.5 4,481 7.0 6,635 5.7 6,274
------------
Denmark 8.1 2,183 6.8 2,281 7.5 1,893 2.1 2,247 2.1 1,127
------------
Mexico 0.0 0 1.1 0 0.6 108 0.0 79 0.0 0
------------
Others 0.0 177 0.0 144 0.1 102 0.1 174 0.0 27
----------------------------------------------------------------------------------------------------------------
Total 11.3 5,261 12.8 5,978 19.2 6,584 9.5 9,135 7.8 7,428
----------------------------------------------------------------------------------------------------------------
Source: U.S. International Trade Commission, HTS 0206490000, 0206490050, 1602494000
Table 4.-U.S. exports of edible offal of swine, frozen, prepared, or preserved
----------------------------------------------------------------------------------------------------------------
2002 2003 2004 2005 2006
------------------------------------------------------------------------------------------------------
Country Million Metric Million Metric Million Metric Million Metric Million Metric
dollars tons dollars tons dollars tons dollars tons dollars tons
----------------------------------------------------------------------------------------------------------------
Mexico 10.1 15,405 11.0 16,747 19.4 24,325 18.3 21,235 16.5 22,078
----------------------------------------------------------------------------------------------------------------
Japan 9.4 3,102 3.3 1,410 0.9 272 1.4 435 4.4 1,494
----------------------------------------------------------------------------------------------------------------
Korea 0.5 358 1.6 776 1.8 848 2.2 1,029 3.0 1,330
----------------------------------------------------------------------------------------------------------------
[[Page 66220]]
Hong Kong 2.3 1,097 1.4 679 1.2 353 1.1 261 1.5 330
----------------------------------------------------------------------------------------------------------------
Others 3.8 2,518 2.3 2,720 1.1 1,584 1.1 853 0.8 695
----------------------------------------------------------------------------------------------------------------
Total 26.1 22,120 19.6 22,332 24.4 27,382 24.1 23,813 26.2 25,927
----------------------------------------------------------------------------------------------------------------
Source: U.S. International Trade Commission.
Exports of Pork Rind Products from Brazil
Two HTS categories that include pork skins are used to examine the
status of Brazilian exports of pork rinds: 160249 (Meat, Meat Offal or
Mixtures of Swine, Prepared or Preserved, NESOI\11\) and 020649 (Offal
of Swine Except Livers, Edible, Frozen).
Table 5.-Exports of swine offal from Brazil
----------------------------------------------------------------------------------------------------------------
2003 2004 2005
-----------------------------------------------------------------------------------------------------
Country Per Per Per
Million Metric metric Million Metric metric Million Metric metric % share
dollars tons ton dollars tons ton dollars tons ton of volume
----------------------------------------------------------------------------------------------------------------
Hong Kong $7.2 9.199 781.9 $9.5 10.347 916.9 $15.2 14,537 1,046.9 65.2%
----------------------------------------------------------------------------------------------------------------
Russia 3.4 4,621 725.3 2.2 2,897 750.1 4.1 4,689 876.8 21.0%
----------------------------------------------------------------------------------------------------------------
Others 2.3 3,882 602.7 3.3 3,493 942.7 3.0 3,064 960.1 13.7%
----------------------------------------------------------------------------------------------------------------
World 12.9 17,702 727.8 15.0 16,737 893.4 22.3 22,290 999.2 100%
Total
----------------------------------------------------------------------------------------------------------------
Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.
Brazil exports a relatively small amount of swine offal products.
On an average, it exports about 19,000 metric tons annually with a
total value of $17 million. Hong Kong is by far the largest buyer of
Brazilian swine offal, accounting for almost two-thirds of total
exports. Russia is the second largest buyer; however, its imports are
limited to frozen swine offal (HTS 0206491).
---------------------------------------------------------------------------
\11\ Not Elsewhere Specified Or Indicated.
---------------------------------------------------------------------------
In terms of the aggregate world export of swine offal products,
Brazil is ranked around tenth in both HTS categories with its share
accounting for about 1 percent of world trade.\12\
---------------------------------------------------------------------------
\12\ Top exporters of HTS 020649 in 2005 were the United States
(18 percent share), Germany (16 percent), Canada (13 percent), and
Denmark (11 percent). For HTS 160249, top exporters were China (25
percent), Denmark (14 percent), Germany (12 percent), and the United
States (8 percent).
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Expected Economic Impact
The expected impact of the final rule on the U.S. economy is
illustrated under two scenarios: 3 million pounds (1,361 metric tons)
and 4 million pounds (1,814 metric tons) of pork rind pellets imported
from Brazil.\13\ These scenarios reflect the initial plan of the U.S.
importer who requested the rule.
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\13 \We used a nonspatial, partial equilibrium welfare model to
quantify the economic effects of this rule. In addition to the
importer's plan to import 3 to 4 million pounds, the price and
quantity data explained in previous sections are used as inputs.
---------------------------------------------------------------------------
Table 6 summarizes the estimated price effects and impacts for U.S.
producers and consumers under these two scenarios, using a nonspatial,
partial equilibrium welfare model. The changes are minor; the model
estimates that the net welfare benefit would be about $19,000 under the
first scenario (3 million pounds imported) and $30,000 under the second
scenario (4 million pounds imported). These welfare measures reflect a
reduction in domestic production that would be more than offset by an
increase in consumption. The changes in domestic production and
consumption would be less than 1 percent. It is, therefore, safely
assumed that the final rule will not have a significant economic impact
on small entities in the pork rind industry.
Table 6.-Estimated impact on the U.S. economy of pork offal imports from Brazil
----------------------------------------------------------------------------------------------------------------
Pork rind pellets imported from Brazil
---------------------------------------------------------------------------
1,361 metric tons (3 million pounds) 1,814 metric tons (4 million pounds)
----------------------------------------------------------------------------------------------------------------
Change in U.S. consumption, metric 680.8 840.8
ton
----------------------------------------------------------------------------------------------------------------
Change in U.S. production, metric -730.2 -973.2
ton
----------------------------------------------------------------------------------------------------------------
Change in price of pork rind -$17.08 -$22.76
pellets, dollars per metric ton
----------------------------------------------------------------------------------------------------------------
[[Page 66221]]
Change in consumer welfare, thousand $1,577 $2,104
dollars
----------------------------------------------------------------------------------------------------------------
Change in annual net welfare, $19 $30
thousand dollars
----------------------------------------------------------------------------------------------------------------
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Has no retroactive effect; and (2)
does not require administrative proceedings before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
0
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 94.4 is amended as follows:
0
a. In paragraph (b)(7), by removing the citation ``Sec. 94.4(b)(4) or
(b)(5)'' and adding the words ``paragraph (b)(4) or (b)(5) of this
section'' in its place.
0
b. By redesignating paragraphs (b)(8) and (b)(9) as paragraphs (b)(9)
and (b)(10), respectively, and adding a new paragraph (b)(8) to read as
set forth below.
0
c. In newly redesignated paragraph (b)(9)(ii), by removing the citation
``(b)(8)(i)'' and adding the citation ``(b)(9)(i)'' in its place.
Sec. 94.4 Cured or cooked meat from regions where rinderpest or foot-
and-mouth disease exists.
* * * * *
(b) * * *
(8) Pork rind pellets (pork skins). Pork rind pellets (pork skins)
must be cooked in one of the following ways:
(i) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(ii) Two-step process. The pork skins must be dry-cooked at 260
[deg]C for approximately 210 minutes after which they must be cooked in
hot oil (deep-fried) at 104 [deg]C for an additional 150 minutes.
* * * * *
0
3. Section 94.8 is amended as follows:
0
a. In paragraph (a)(3)(i), by removing the citation ``(a)(4)'' and
adding the words ``(a)(5) of this section'' in its place.
0
b. By redesignating paragraph (a)(4) as paragraph (a)(5), and by adding
a new paragraph (a)(4) to read as set forth below.
Sec. 94.8 Pork and pork products from regions where African swine
fever exists or is reasonably believed to exist.
* * * * *
(a) * * *
(4) The pork product is pork rind pellets (pork skins) that were
cooked in one of the following ways in an establishment that meets the
requirements in paragraph (a)(5) of this section:
(i) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(ii) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
0
4. Section 94.9 is amended as follows:
0
a. In paragraph (c)(1)(ii)(B), by removing the word ``or'' the second
time it appears.
0
b. In paragraph (c)(1)(iii)(C)(2), by removing the period at the end of
the paragraph and adding ``; or'' in its place.
0
c. By adding a new paragraph (c)(1)(iv) to read as set forth below.
0
d. In paragraph (c)(2), by removing the citation ``(c)(1)(ii) or
(iii)'' and adding the citation ``(c)(1)(ii), (iii), or (iv)'' in its
place.
0
e. In paragraph (c)(3), by removing the citation ``(c)(1)(ii) or
(iii)'' both places it occurs and adding the citation ``(c)(1)(ii),
(iii), or (iv)'' in its place.
Sec. 94.9 Pork and pork products from regions where classical swine
fever exists.
* * * * *
(c) * * *
(1) * * *
(iv) Pork rind pellets (pork skins) originating in regions where
classical swine fever is known to exist may be imported into the United
States provided they have been cooked in one of the following ways:
(A) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(B) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
0
5. In Sec. 94.12, a new paragraph (b)(1)(vi) is added to read as
follows:
Sec. 94.12 Pork and pork products from regions where swine vesicular
disease exists.
* * * * *
(b) * * *
(1) * * *
(vi) Pork rind pellets (pork skins) must be cooked in one of the
following ways:
(A) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
[[Page 66222]]
(B) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
Done in Washington, DC, this 9\th\ day of December 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-29797 Filed 12-14-09; 8:33 am]
BILLING CODE 3410-34-S
