Nutrition Labeling of Single-Ingredient Products and Ground or Chopped Meat and Poultry Products; Delay of Effective Date and Correction, 76890-76891 [2011-31625]
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76890
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
afforded adequate time from the date of
the notice of the alleged breach to rebut
the allegation of a breach.
sroberts on DSK5SPTVN1PROD with RULES
§ 201.218
Arbitration.
(a) In any livestock or poultry
production contract that requires the
use of arbitration the following language
must appear on the signature page of the
contract in bold conspicuous print:
‘‘Right to Decline Arbitration. A poultry
grower, livestock producer or swine
production contract grower has the right
to decline to be bound by the arbitration
provisions set forth in this agreement. A
poultry grower, livestock producer or
swine production contract grower shall
indicate whether or not it desires to be
bound by the arbitration provisions by
signing one of the following statements;
failure to choose an option will be
treated as if the poultry grower,
livestock producer or swine production
contract grower declined to be bound by
the arbitration provisions set forth in
this Agreement:
I decline to be bound by the
arbitration provisions set forth in this
Agreement _________ ___
I accept the arbitration provisions as
set forth in this
Agreement____________’’
(b) The Secretary may consider
various criteria when determining
whether the arbitration process
provided in a production contract
provides a meaningful opportunity for
the poultry grower, livestock producer,
or swine production contract grower to
participate fully in the arbitration
process. These criteria include, but are
not limited to:
(1) Whether the contract discloses
sufficient information in bold,
conspicuous print describing all the
costs of arbitration to be paid by the
poultry grower, swine production
contract grower, or livestock producer,
and the arbitration process and any
limitations on legal rights and remedies
in such a manner as to allow the poultry
grower, livestock producer or swine
contract production grower to make an
informed decision on whether to elect
arbitration for dispute resolution;
(2) Whether provisions in the entire
arbitration process governing the costs
and time limits are reasonable;
(3) Whether the poultry grower,
livestock producer, or swine production
contract grower is provided access to
and opportunity to engage in reasonable
discovery of information held by the
packer, swine contractor or live poultry
dealer;
(4) Whether arbitration is required to
be used to resolve only disputes
relevant to the contractual obligations of
the parties; and
VerDate Mar<15>2010
15:52 Dec 08, 2011
Jkt 226001
(5) Whether a reasoned, written
opinion based on applicable law, legal
principles and precedent for the award
is required to be provided to the parties.
J. Dudley Butler,
Administrator, Grain Inspection, Packers and
Stockyards Administration.
[FR Doc. 2011–31618 Filed 12–8–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS–2005–0018]
Nutrition Labeling of Single-Ingredient
Products and Ground or Chopped
Meat and Poultry Products; Delay of
Effective Date and Correction
Food Safety and Inspection
Service, USDA.
ACTION: Final rule; delay of effective
date and correction.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is delaying the
effective date of the final regulations
that require nutrition labeling of the
major cuts of single-ingredient, raw
meat and poultry products and ground
or chopped meat and poultry products
that were published in the Federal
Register on December 29, 2010. The
original effective date of these
regulations was January 1, 2012. FSIS is
taking this action in response to a
request from eight trade associations.
The trade associations requested that
FSIS exercise enforcement discretion for
a six month period following the
January 1, 2012, effective date of the
final rule. However, FSIS has concluded
that a two month delay in the effective
date will allow industry sufficient time
to comply with the requirements of the
final rule. The new effective date of the
final rule is March 1, 2012.
FSIS is also making a correction to the
final rule to clarify an amendatory
instruction.
DATES: The effective date of the rule
amending 9 CFR parts 317 and 381
published at 75 FR 82148, December 29,
2010, is delayed until March 1, 2012.
The effective date of the correction to
the rule published at 75 FR 82148,
December 29, 2010, is March 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Division,
Office of Policy and Program
Development, Food Safety and
Inspection Service, U.S. Department of
Agriculture, (301) 504–0878.
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2010, FSIS
published the final rule, ‘‘Nutrition
Labeling of Single-Ingredient Products
and Ground or Chopped Meat and
Poultry Products’’ in the Federal
Register (75 FR 82148) that, among
other things, amended the Federal meat
and poultry products inspection
regulations to require nutrition labeling
of the major cuts of single-ingredient,
raw meat and poultry products
identified in §§ 317.344 and 381.444
that are not ground or chopped, except
for certain exemptions. For these
products, the final rule requires that
nutrition information be provided on
the label or at point-of-purchase (POP)
(e.g., by sign or brochure), unless an
exemption applies. The final rule also
amended FSIS’s regulations to require
nutrition labels on all ground or
chopped meat and poultry products,
with or without added seasonings,
unless an exemption applies. In
addition, the final rule provided that
when a ground or chopped product does
not meet the regulatory criteria to be
labeled ‘‘low fat,’’ a lean percentage
statement may be included on the label
or in labeling as long as a statement of
the fat percentage that meets the
specified criteria also is displayed on
the label or in labeling. The required
statement of fat percentage must be
contiguous to, in lettering of the same
color, size, and type as, and on the same
color background as, the statement of
lean percentage. The final rule also
provided several exemptions from the
nutrition labeling requirements.
Outreach: In the preamble to the final
rule, FSIS stated that it would conduct
meetings and webinars on the final rule
and would provide additional
information and guidance as needed.
FSIS also stated its intention to make
nutrition labeling materials that can be
used at the POP of the major cuts and
additional examples of acceptable labels
for ground products available on the
Agency’s Web site six months prior to
the effective date. Since the final rule
was published, FSIS has posted on its
Web site the final POP materials and
examples of nutrition facts panels for
ground or chopped products and has
conducted webinars on the final rule. In
addition, the Agency has conducted
many other education and outreach
activities to assist retailers and Federal
establishments in complying with the
requirements of the final rule, such as
posting a PowerPoint presentation on its
Web site that gives an overview of the
requirements of the final rule,
presenting information and answering
E:\FR\FM\09DER1.SGM
09DER1
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
sroberts on DSK5SPTVN1PROD with RULES
questions on the requirements of the
final rule at numerous meetings, posting
questions and answers on its Web site,
and responding to numerous questions
from stakeholders about the regulations
through askFSIS at https://
askfsis.custhelp.com/.
many education and outreach activities
to assist retailers and Federal
establishments in complying with the
requirements of the final rule. FSIS will
continue to conduct these education
and outreach activities to assist
compliance by March 1, 2012.
Request for Enforcement Discretion
FSIS received a letter dated August
12, 2011 from eight trade associations
(the American Lamb Board, the
American Meat Institute, the Food
Marketing Institute, the National
Cattlemen’s Beef Association, the
National Chicken Council, the National
Grocer’s Association, the National Pork
Board, and the National Turkey
Federation), which requested that FSIS
exercise enforcement discretion for a six
month period following the January 1,
2012, effective date of the final rule. The
letter cited the Agency’s 1–2 month
delay in making POP and nutrition facts
panel materials available on FSIS’s Web
site and in conducting the FSIS
webinars as the basis for the
enforcement discretion. As a result of
FSIS’s delay in providing this
information to retailers, the trade
associations stated that it would be
difficult for retailers to have systems in
place (e.g., tens of thousands of scales
across the industry will have to be
replaced or updated with new software)
and training of tens of thousands of
employees completed by the January 1,
2012, effective date. The trade
associations also stated that it would be
difficult for Federal establishments to
redesign thousands of labels and have
them approved by FSIS by the January
1, 2012, effective date.
Because of the 1–2 month delay in
making the FSIS POP materials and
nutrition facts panel examples available
on FSIS’s Web site and in beginning the
FSIS webinars, FSIS has decided to
delay the effective date of the final rule
until March 1, 2012. The 2 month delay
will ensure that industry has sufficient
time to comply with the final rule and
be in full compliance with the final rule
on March 1, 2012.
FSIS determined that a 6 month delay
in the effective date is not warranted.
The request did not provide any support
to justify a 6 month delay in the
effective date. Even if, as the letter
stated, a delay in FSIS label approval
exists, a 2 month delay in the effective
date would allow the Agency enough
time to approve the new or redesigned
nutrition labels submitted by official
establishments by March 1, 2012,
provided the labels are submitted by
January 1, 2012. As described above
under ‘‘Outreach,’’ since the final rule
was published, FSIS has conducted
Need for Correction
VerDate Mar<15>2010
15:52 Dec 08, 2011
Jkt 226001
FSIS is making a correction to
amendment 17f on page 82167 of the
final regulations published on
Wednesday, December 29, 2010, to
clarify that language is being added to
the end of the first sentence in
§ 381.500(d)(1), not at the end of the
second sentence.
Additional Public Notification
FSIS will announce this notice online
through the FSIS Web page located at
https://www.fsis.usda.gov/
regulations_&_policies/
Federal_Register_Notices/index.asp.
FSIS will also make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, and other types of
information that could affect or would
be of interest to constituents and
stakeholders. The Update is
communicated via Listserv, a free
electronic mail subscription service for
industry, trade groups, consumer
interest groups, health professionals,
and other individuals who have asked
to be included. The Update is also
available on the FSIS Web page.
Through the Listserv and Web page,
FSIS is able to provide information to a
much broader and more diverse
audience. In addition, FSIS offers an
electronic mail subscription service
which provides automatic and
customized access to selected food
safety news and information. This
service is available at https://
www.fsis.usda.gov/News_&_Events/
Email_Subscription/. Options range
from recalls to export information to
regulations, directives and notices.
Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture
(USDA) prohibits discrimination in all
its programs and activities on the basis
of race, color, national origin, gender,
religion, age, disability, political beliefs,
sexual orientation, and marital or family
status. (Not all prohibited bases apply to
all programs.)
PO 00000
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Fmt 4700
Sfmt 4700
76891
Persons with disabilities who require
alternative means for communication of
program information (Braille, large
print, audiotape, etc.) should contact
USDA’s Target Center at (202) 720–2600
(voice and TTY).
To file a written complaint of
discrimination, write USDA, Office of
the Assistant Secretary for Civil Rights,
1400 Independence Avenue SW.,
Washington, DC 20250–9410 or call
(202) 720–5964 (voice and TTY). USDA
is an equal opportunity provider and
employer.
Correction
In FR Doc. 2010–32485 appearing on
page 82148 in the Federal Register of
Wednesday, December 29, 2010, the
following corrections are made:
§ 381.500
[Corrected]
1. On page 82167, in the third column,
in Part 381 Poultry Products Inspection
Regulations, in amendment 17f, the
instruction ‘‘Amending paragraph (d)(1)
by removing the period at the end of the
sentence, and by adding the following to
the end of the sentence: ‘except that this
exemption does not apply to the major
cuts of single-ingredient, raw poultry
products identified in § 381.444.’ ’’ is
corrected to read ‘‘Amending paragraph
(d)(1) by removing the period at the end
of the first sentence, and by adding the
following to the end of the first
sentence: ‘, except that this exemption
does not apply to the major cuts of
single-ingredient, raw poultry products
identified in § 381.444.’ ’’
■
Done in Washington, DC, on December 5,
2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011–31625 Filed 12–8–11; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–0010; Airspace
Docket No. 11–AAL–1]
Amendment of Federal Airways;
Alaska
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; announcement of
effective date.
AGENCY:
This action announces the
effective date of a final rule published
in the Federal Register of April 28, 2011
that amends Federal airways in Alaska.
SUMMARY:
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76890-76891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31625]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2005-0018]
Nutrition Labeling of Single-Ingredient Products and Ground or
Chopped Meat and Poultry Products; Delay of Effective Date and
Correction
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule; delay of effective date and correction.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is delaying the
effective date of the final regulations that require nutrition labeling
of the major cuts of single-ingredient, raw meat and poultry products
and ground or chopped meat and poultry products that were published in
the Federal Register on December 29, 2010. The original effective date
of these regulations was January 1, 2012. FSIS is taking this action in
response to a request from eight trade associations. The trade
associations requested that FSIS exercise enforcement discretion for a
six month period following the January 1, 2012, effective date of the
final rule. However, FSIS has concluded that a two month delay in the
effective date will allow industry sufficient time to comply with the
requirements of the final rule. The new effective date of the final
rule is March 1, 2012.
FSIS is also making a correction to the final rule to clarify an
amendatory instruction.
DATES: The effective date of the rule amending 9 CFR parts 317 and 381
published at 75 FR 82148, December 29, 2010, is delayed until March 1,
2012. The effective date of the correction to the rule published at 75
FR 82148, December 29, 2010, is March 1, 2012.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Division, Office of Policy and Program
Development, Food Safety and Inspection Service, U.S. Department of
Agriculture, (301) 504-0878.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2010, FSIS published the final rule, ``Nutrition
Labeling of Single-Ingredient Products and Ground or Chopped Meat and
Poultry Products'' in the Federal Register (75 FR 82148) that, among
other things, amended the Federal meat and poultry products inspection
regulations to require nutrition labeling of the major cuts of single-
ingredient, raw meat and poultry products identified in Sec. Sec.
317.344 and 381.444 that are not ground or chopped, except for certain
exemptions. For these products, the final rule requires that nutrition
information be provided on the label or at point-of-purchase (POP)
(e.g., by sign or brochure), unless an exemption applies. The final
rule also amended FSIS's regulations to require nutrition labels on all
ground or chopped meat and poultry products, with or without added
seasonings, unless an exemption applies. In addition, the final rule
provided that when a ground or chopped product does not meet the
regulatory criteria to be labeled ``low fat,'' a lean percentage
statement may be included on the label or in labeling as long as a
statement of the fat percentage that meets the specified criteria also
is displayed on the label or in labeling. The required statement of fat
percentage must be contiguous to, in lettering of the same color, size,
and type as, and on the same color background as, the statement of lean
percentage. The final rule also provided several exemptions from the
nutrition labeling requirements.
Outreach: In the preamble to the final rule, FSIS stated that it
would conduct meetings and webinars on the final rule and would provide
additional information and guidance as needed. FSIS also stated its
intention to make nutrition labeling materials that can be used at the
POP of the major cuts and additional examples of acceptable labels for
ground products available on the Agency's Web site six months prior to
the effective date. Since the final rule was published, FSIS has posted
on its Web site the final POP materials and examples of nutrition facts
panels for ground or chopped products and has conducted webinars on the
final rule. In addition, the Agency has conducted many other education
and outreach activities to assist retailers and Federal establishments
in complying with the requirements of the final rule, such as posting a
PowerPoint presentation on its Web site that gives an overview of the
requirements of the final rule, presenting information and answering
[[Page 76891]]
questions on the requirements of the final rule at numerous meetings,
posting questions and answers on its Web site, and responding to
numerous questions from stakeholders about the regulations through
askFSIS at https://askfsis.custhelp.com/.
Request for Enforcement Discretion
FSIS received a letter dated August 12, 2011 from eight trade
associations (the American Lamb Board, the American Meat Institute, the
Food Marketing Institute, the National Cattlemen's Beef Association,
the National Chicken Council, the National Grocer's Association, the
National Pork Board, and the National Turkey Federation), which
requested that FSIS exercise enforcement discretion for a six month
period following the January 1, 2012, effective date of the final rule.
The letter cited the Agency's 1-2 month delay in making POP and
nutrition facts panel materials available on FSIS's Web site and in
conducting the FSIS webinars as the basis for the enforcement
discretion. As a result of FSIS's delay in providing this information
to retailers, the trade associations stated that it would be difficult
for retailers to have systems in place (e.g., tens of thousands of
scales across the industry will have to be replaced or updated with new
software) and training of tens of thousands of employees completed by
the January 1, 2012, effective date. The trade associations also stated
that it would be difficult for Federal establishments to redesign
thousands of labels and have them approved by FSIS by the January 1,
2012, effective date.
Because of the 1-2 month delay in making the FSIS POP materials and
nutrition facts panel examples available on FSIS's Web site and in
beginning the FSIS webinars, FSIS has decided to delay the effective
date of the final rule until March 1, 2012. The 2 month delay will
ensure that industry has sufficient time to comply with the final rule
and be in full compliance with the final rule on March 1, 2012.
FSIS determined that a 6 month delay in the effective date is not
warranted. The request did not provide any support to justify a 6 month
delay in the effective date. Even if, as the letter stated, a delay in
FSIS label approval exists, a 2 month delay in the effective date would
allow the Agency enough time to approve the new or redesigned nutrition
labels submitted by official establishments by March 1, 2012, provided
the labels are submitted by January 1, 2012. As described above under
``Outreach,'' since the final rule was published, FSIS has conducted
many education and outreach activities to assist retailers and Federal
establishments in complying with the requirements of the final rule.
FSIS will continue to conduct these education and outreach activities
to assist compliance by March 1, 2012.
Need for Correction
FSIS is making a correction to amendment 17f on page 82167 of the
final regulations published on Wednesday, December 29, 2010, to clarify
that language is being added to the end of the first sentence in Sec.
381.500(d)(1), not at the end of the second sentence.
Additional Public Notification
FSIS will announce this notice online through the FSIS Web page
located at https://www.fsis.usda.gov/regulations_&_policies/Federal_Register_Notices/index.asp.
FSIS will also make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, and other types of information
that could affect or would be of interest to constituents and
stakeholders. The Update is communicated via Listserv, a free
electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is also available on the FSIS
Web page. Through the Listserv and Web page, FSIS is able to provide
information to a much broader and more diverse audience. In addition,
FSIS offers an electronic mail subscription service which provides
automatic and customized access to selected food safety news and
information. This service is available at https://www.fsis.usda.gov/News_&_Events/Email_Subscription/. Options range from recalls to
export information to regulations, directives and notices. Customers
can add or delete subscriptions themselves, and have the option to
password protect their accounts.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.)
Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape,
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and
TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue
SW., Washington, DC 20250-9410 or call (202) 720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
Correction
In FR Doc. 2010-32485 appearing on page 82148 in the Federal
Register of Wednesday, December 29, 2010, the following corrections are
made:
Sec. 381.500 [Corrected]
0
1. On page 82167, in the third column, in Part 381 Poultry Products
Inspection Regulations, in amendment 17f, the instruction ``Amending
paragraph (d)(1) by removing the period at the end of the sentence, and
by adding the following to the end of the sentence: `except that this
exemption does not apply to the major cuts of single-ingredient, raw
poultry products identified in Sec. 381.444.' '' is corrected to read
``Amending paragraph (d)(1) by removing the period at the end of the
first sentence, and by adding the following to the end of the first
sentence: `, except that this exemption does not apply to the major
cuts of single-ingredient, raw poultry products identified in Sec.
381.444.' ''
Done in Washington, DC, on December 5, 2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011-31625 Filed 12-8-11; 8:45 am]
BILLING CODE 3410-DM-P
