Statements That Bioengineered or Genetically Modified (GM) Ingredients or Animal Feed Were Not Used in the Production of Meat, Poultry, or Egg Products, 57879-57880 [2016-20227]
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Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
influential within the young U.S. grainfed cattle population, as the vast
majority of cattle presented for grading
in U.S. beef processing facilities are less
than 30 MOA and USDA ‘‘A’’ or ‘‘B’’
maturity. It is important to note that the
population of fed beef cattle in the U.S.
has changed significantly over the last
several decades. Today, there is greater
consistency within the cattle herd,
improved genetics, a relatively young
slaughter population, more widespread
use of growth promoting technologies
that are known to effect bone
ossification, and much higher carcass
weights at slaughter which may also
have skeletal implications. These
market and production changes, along
with recent research, could indicate that
physiological maturity is less influential
on palatability than in the past.
Request for Comments
AMS is soliciting comments from
stakeholders about whether changes in
the methodology for determining
maturity grouping assessment for the
purposes of official USDA quality
grading should be made. This change
would have no effect on the role that
maturity groupings have upon USDA
quality grade determination, simply
how carcasses are placed into those
maturity groupings. AMS also invites
comments about how those changes
would be implemented in the current
beef grading system. If, after analyzing
the comments, AMS determines that
changes are warranted, a notice will be
published in the Federal Register
proposing specific changes to the
United States Standards for Carcass
Beef. Interested parties will have an
opportunity to comment prior to a final
decision adopting any changes.
Dated: August 19, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–20254 Filed 8–23–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
mstockstill on DSK3G9T082PROD with NOTICES
[Docket No. FSIS–2016–0027]
Statements That Bioengineered or
Genetically Modified (GM) Ingredients
or Animal Feed Were Not Used in the
Production of Meat, Poultry, or Egg
Products
Food Safety and Inspection
Service, USDA.
ACTION: Notice of availability and
opportunity for comment.
AGENCY:
VerDate Sep<11>2014
20:16 Aug 23, 2016
Jkt 238001
The Food Safety and
Inspection Service (FSIS) is announcing
the availability of the Agency’s
compliance guidance on how
companies can make label or labeling
claims concerning the fact that
bioengineered or genetically modified
(GM) ingredients or animal feed were
not used in the production of meat,
poultry, or egg products. For purposes
of this guidance document, these claims
will be referred to as ‘‘negative claims.’’
DATES: Comments must be received by
October 24, 2016.
ADDRESSES: A downloadable version of
the compliance guidance is available to
view and print at https://www.fsis.usda.
gov/wps/portal/fsis/topics/regulatorycompliance/labeling/claims-guidance/
procedures-nongenetically-engineeredstatement. No hard copies of the
compliance guidance have been
published.
FSIS invites interested persons to
submit comments on this notice.
Comments may be submitted by one of
the following methods:
Federal eRulemaking Portal: This
Web site provides the ability to type
short comments directly into the
comment field on this Web page or
attach a file for lengthier comments. Go
to https://www.regulations.gov/. Follow
the on-line instructions at that site for
submitting comments.
Mail, including CD–ROMs: Send to
Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection
Service, Patriots Plaza 3, 1400
Independence Avenue SW., Mailstop
3782, Room 8–163B, Washington, DC
20250–3700.
Hand- or courier-delivered submittals:
Deliver to Patriots Plaza 3, 355 E Street
SW., Room 8–163A, Washington, DC
20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name, docket number FSIS–
2016–0027, and the document title:
Statements that Bioengineered or
Genetically Modified (GM) Ingredients
or Animal Feed Were not Used in the
Production of Meat, Poultry, or Egg
Products. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
For additional information about FSIS
labeling policies and programs,
including Generic Label Approval,
please review the FSIS Web site at:
https://www.fsis.usda.gov/wps/portal/
fsis/topics/regulatory-compliance/
labeling/ or contact the Labeling and
Program Delivery Staff at (301) 504–
0878 or (301) 504–0879.
SUMMARY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
57879
Docket: For access to background
documents or to comments received, go
to the FSIS Docket Room at Patriots
Plaza 3, 355 E Street SW., Room
164–A, Washington, DC 20250–3700
between 8:00 a.m. and 4:30 p.m.,
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Dr.
Daniel L. Engeljohn, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
205–0495.
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 not false or misleading. Under the
Federal Meat Inspection Act (FMIA) (21
U.S.C. 601–695, at 607), the Poultry
Products Inspection Act (PPIA) (21
U.S.C. 451–470, at 457), and the Egg
Products Inspection Act (21 U.S.C.
1031–1056, at 1036) the labels of meat,
poultry, and egg products must be
approved by the Secretary of
Agriculture, who has delegated this
authority to FSIS, before these products
can enter commerce.
Compliance Guide
FSIS is announcing that it has
developed a compliance guide for
companies that seek to make label or
labeling claims concerning the fact that
bioengineered or GM ingredients were
not used in a meat, poultry or egg
product. This guidance also provides
information on how companies can
make label or labeling claims that a
product was produced from livestock or
poultry that were not fed bioengineered
or GM feed. For purposes of this
guidance document, these claims will
be referred to as ‘‘negative claims.’’
FSIS has approved negative claims
through its prior label approval process.
Because FSIS does not have the ability
to independently verify negative claims
for ingredients or feed, FSIS has
required establishments that make these
claims to comply with standards
established by a third-party certifying
organization. FSIS currently requires
that the third-party certifying
organization’s standards be publicly
available on a Web site and the label or
labeling disclose the Web site address of
the third-party certifying organization.
FSIS currently requires that the
establishment demonstrate that its
E:\FR\FM\24AUN1.SGM
24AUN1
mstockstill on DSK3G9T082PROD with NOTICES
57880
Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
claims of third-party certification are
truthful and not misleading.
As a policy matter, prior to issuing
this guidance document, FSIS has not
allowed the use of the terms
‘‘genetically modified organism’’ or
‘‘GMO’’ in negative claims. FSIS has
allowed the use of the terms
‘‘genetically modified organism’’ or
‘‘GMO’’ on product labels or labeling
only if the name of the third-party
certifying organization contains these
terms (e.g. ‘‘Non-GMO Project’’).
However, recent legislation was enacted
(Pub L 114–216) requiring the Secretary
of Agriculture to develop and
implement a mandatory national
bioengineered food disclosure standard
within 2 years. This legislation also
addresses negative claims, providing
that ‘‘a food may not be considered to
be ‘not bioengineered’ or ‘non-GMO’, or
any other similar claim describing the
absence of bioengineering in the food
solely because the food is not required
to bear a disclosure that the food is
bioengineered under this subtitle.’’
(Pub. L. 114–216, section 294(c)).
Therefore, FSIS has reconsidered its
position and will allow the use of the
terms ‘‘genetically modified organism’’
or ‘‘GMO’’ in negative claims provided
that the label or labeling is otherwise
truthful and not misleading.
Effective immediately, FSIS will begin
approving negative claims for meat,
poultry and egg products that do not
contain bioengineered ingredients or
that are derived from livestock that do
not consume bioengineered feed and
that contain the terms ‘‘genetically
modified organism’’ or ‘‘GMO’’. In
evaluating such claims, FSIS will utilize
the definition of ‘‘bioengineering’’ in
Public Law 114–216. In that law, the
term ‘‘bioengineering’’ refers to a food
that contains genetic material that has
been modified through in vitro
recombinant deoxyribonucleic acid
(DNA) techniques and for which the
modification could not otherwise be
obtained through conventional breeding
or found in nature.
Consistent with past practice, FSIS
will continue to allow the use of
synonymous terms such as ‘‘genetically
engineered.’’ If FSIS has approved an
organic claim on the product label,
establishments may add an applicable
negative claim of the kind discussed in
the guidance.
FSIS encourages companies to follow
this guidance. This guidance represents
FSIS’s current thinking, and FSIS
welcomes comment on this compliance
guidance and will update it as necessary
to reflect comments received and any
additional information that becomes
available.
VerDate Sep<11>2014
20:16 Aug 23, 2016
Jkt 238001
USDA Nondiscrimination Statement
No agency, officer, or employee of the
USDA shall, on the grounds of race,
color, national origin, religion, sex,
gender identity, sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, or political
beliefs, exclude from participation in,
deny the benefits of, or subject to
discrimination, any person in the
United States under any program or
activity conducted by the USDA.
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at: https://www.
ocio.usda.gov/sites/default/files/docs/
2012/Complain_combined_6_8_12.pdf,
or write a letter signed by you or your
authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
Mail: U.S. Department of Agriculture,
Director, Office of Adjudication, 1400
Independence Avenue SW.,
Washington, DC 20250–9410.
Fax: (202) 690–7442.
Email: program.intake@usda.gov.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.)
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that minorities, women, and
persons with disabilities are aware of
this notice, FSIS will announce it online through the FSIS Web page located
at https://www.fsis.usda.gov/wps/portal/
fsis/topics/regulations/federal-register/
federal-register-notices. 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, recalls, 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 and farm groups,
consumer interest groups, allied health
professionals, and other individuals
who have asked to be included. The
update is 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 email subscription service
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
which provides automatic and
customized access to selected food
safety news and information. This
service is available at https://
www.fsis.usda.gov/subscribe. 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 August 19,
2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016–20227 Filed 8–23–16; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Assessment of Fees for Dairy Import
Licenses for the 2017 Tariff-Rate
Import Quota Year
Foreign Agricultural Service,
USDA.
ACTION: Notice.
AGENCY:
This notice announces a fee of
$250 to be charged for the 2017 tariffrate quota (TRQ) year for each license
issued to a person or firm by the
Department of Agriculture authorizing
the importation of certain dairy articles,
which are subject to tariff-rate quotas set
forth in the Harmonized Tariff Schedule
(HTS) of the United States.
DATE: August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Abdelsalam El-Farra, Dairy Import
Licensing Program, Import Policies and
Export Reporting Division, STOP 1021,
U.S. Department of Agriculture, 1400
Independence Avenue SW.,
Washington, DC 20250–1021 or
telephone at (202) 720–9439 or email at
abdelsalam.el-farra@fas.usda.gov.
SUPPLEMENTARY INFORMATION: The Dairy
Tariff-Rate Import Quota Licensing
Regulation promulgated by the
Department of Agriculture and codified
at 7 CFR 6.20–6.36 provides for the
issuance of licenses to import certain
dairy articles that are subject to TRQs
set forth in the HTS. Those dairy articles
may only be entered into the United
States at the in-quota TRQ tariff-rates by
or for the account of a person or firm to
whom such licenses have been issued
and only in accordance with the terms
and conditions of the regulation.
Licenses are issued on a calendar year
basis, and each license authorizes the
license holder to import a specified
quantity and type of dairy article from
a specified country of origin. The use of
SUMMARY:
E:\FR\FM\24AUN1.SGM
24AUN1
Agencies
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57879-57880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20227]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2016-0027]
Statements That Bioengineered or Genetically Modified (GM)
Ingredients or Animal Feed Were Not Used in the Production of Meat,
Poultry, or Egg Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of availability and opportunity for comment.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
the availability of the Agency's compliance guidance on how companies
can make label or labeling claims concerning the fact that
bioengineered or genetically modified (GM) ingredients or animal feed
were not used in the production of meat, poultry, or egg products. For
purposes of this guidance document, these claims will be referred to as
``negative claims.''
DATES: Comments must be received by October 24, 2016.
ADDRESSES: A downloadable version of the compliance guidance is
available to view and print at https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling/claims-guidance/procedures-nongenetically-engineered-statement. No hard copies of the compliance
guidance have been published.
FSIS invites interested persons to submit comments on this notice.
Comments may be submitted by one of the following methods:
Federal eRulemaking Portal: This Web site provides the ability to
type short comments directly into the comment field on this Web page or
attach a file for lengthier comments. Go to https://www.regulations.gov/. Follow the on-line instructions at that site for
submitting comments.
Mail, including CD-ROMs: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400
Independence Avenue SW., Mailstop 3782, Room 8-163B, Washington, DC
20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3,
355 E Street SW., Room 8-163A, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name, docket number FSIS-2016-0027, and the document
title: Statements that Bioengineered or Genetically Modified (GM)
Ingredients or Animal Feed Were not Used in the Production of Meat,
Poultry, or Egg Products. Comments received in response to this docket
will be made available for public inspection and posted without change,
including any personal information, to https://www.regulations.gov.
For additional information about FSIS labeling policies and
programs, including Generic Label Approval, please review the FSIS Web
site at: https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling/ or contact the Labeling and Program Delivery Staff
at (301) 504-0878 or (301) 504-0879.
Docket: For access to background documents or to comments received,
go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room
164-A, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m.,
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Dr. Daniel L. Engeljohn, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 205-0495.
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 not false or
misleading. Under the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601-695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C.
451-470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031-
1056, at 1036) the labels of meat, poultry, and egg products must be
approved by the Secretary of Agriculture, who has delegated this
authority to FSIS, before these products can enter commerce.
Compliance Guide
FSIS is announcing that it has developed a compliance guide for
companies that seek to make label or labeling claims concerning the
fact that bioengineered or GM ingredients were not used in a meat,
poultry or egg product. This guidance also provides information on how
companies can make label or labeling claims that a product was produced
from livestock or poultry that were not fed bioengineered or GM feed.
For purposes of this guidance document, these claims will be referred
to as ``negative claims.''
FSIS has approved negative claims through its prior label approval
process. Because FSIS does not have the ability to independently verify
negative claims for ingredients or feed, FSIS has required
establishments that make these claims to comply with standards
established by a third-party certifying organization. FSIS currently
requires that the third-party certifying organization's standards be
publicly available on a Web site and the label or labeling disclose the
Web site address of the third-party certifying organization. FSIS
currently requires that the establishment demonstrate that its
[[Page 57880]]
claims of third-party certification are truthful and not misleading.
As a policy matter, prior to issuing this guidance document, FSIS
has not allowed the use of the terms ``genetically modified organism''
or ``GMO'' in negative claims. FSIS has allowed the use of the terms
``genetically modified organism'' or ``GMO'' on product labels or
labeling only if the name of the third-party certifying organization
contains these terms (e.g. ``Non-GMO Project''). However, recent
legislation was enacted (Pub L 114-216) requiring the Secretary of
Agriculture to develop and implement a mandatory national bioengineered
food disclosure standard within 2 years. This legislation also
addresses negative claims, providing that ``a food may not be
considered to be `not bioengineered' or `non-GMO', or any other similar
claim describing the absence of bioengineering in the food solely
because the food is not required to bear a disclosure that the food is
bioengineered under this subtitle.'' (Pub. L. 114-216, section 294(c)).
Therefore, FSIS has reconsidered its position and will allow the use of
the terms ``genetically modified organism'' or ``GMO'' in negative
claims provided that the label or labeling is otherwise truthful and
not misleading.
Effective immediately, FSIS will begin approving negative claims
for meat, poultry and egg products that do not contain bioengineered
ingredients or that are derived from livestock that do not consume
bioengineered feed and that contain the terms ``genetically modified
organism'' or ``GMO''. In evaluating such claims, FSIS will utilize the
definition of ``bioengineering'' in Public Law 114-216. In that law,
the term ``bioengineering'' refers to a food that contains genetic
material that has been modified through in vitro recombinant
deoxyribonucleic acid (DNA) techniques and for which the modification
could not otherwise be obtained through conventional breeding or found
in nature.
Consistent with past practice, FSIS will continue to allow the use
of synonymous terms such as ``genetically engineered.'' If FSIS has
approved an organic claim on the product label, establishments may add
an applicable negative claim of the kind discussed in the guidance.
FSIS encourages companies to follow this guidance. This guidance
represents FSIS's current thinking, and FSIS welcomes comment on this
compliance guidance and will update it as necessary to reflect comments
received and any additional information that becomes available.
USDA Nondiscrimination Statement
No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination, any person in the United States under any program or
activity conducted by the USDA.
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at: https://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
Fax: (202) 690-7442.
Email: program.intake@usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that
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/wps/portal/fsis/topics/regulations/federal-register/federal-register-notices. 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, recalls, 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 and farm groups, consumer interest groups, allied
health professionals, and other individuals who have asked to be
included. The update is 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 email
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/subscribe. 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 August 19, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-20227 Filed 8-23-16; 8:45 am]
BILLING CODE 3410-DM-P