Inspection and Certification of Establishments and Fishery Products for Human Consumption, 55130-55132 [2019-22429]
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55130
Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 260 and 261
[Docket No. 191001–0050]
RIN 0648–BH37
Inspection and Certification of
Establishments and Fishery Products
for Human Consumption
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; request for comments.
AGENCY:
The NMFS Office of
International Affairs and Seafood
Inspection intends to revise regulations
at 50 CFR parts 260 and 261 to improve
the uniformity and reliability of
voluntary seafood inspection services by
adopting recognized best practices for
inspection. The existing regulations
have not been significantly revised or
updated since NMFS first issued them
in 1971. It is anticipated that the
revisions will benefit the seafood
industry by reducing the costs of
obtaining seafood inspection services
and providing improved, more accurate
inspection results. Prior to drafting a
proposed rule, NMFS is issuing this
advance notice of proposed rulemaking
requesting input from stakeholders and
interested parties on focused areas of
the Seafood Inspection Program
regulations. Based on comments
received and NMFS’ overall assessment,
NMFS expects to comprehensively
overhaul the regulations.
DATES: Written comments must be
received on or before December 16,
2019.
ADDRESSES: You may submit comments
on this document, identified by docket
NOAA–NMFS–2018–0098, by either of
the following methods:
(1) Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180098. Click the ‘‘Comment Now!’’ icon,
and complete the required fields. Enter
or attach your comments.
(2) Mail: Submit written comments to
Karla Ruzicka, Education and Program
Development, NOAA Seafood
Inspection Program, 55 Great Republic
Drive, Gloucester, MA 01930.
Comments sent by any other method,
to any other address or individual, or
received after the end of the comment
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:07 Oct 11, 2019
Jkt 250001
period, may not be considered by NMFS
in developing a proposed rule. All
comments received are a part of the
public record and will be posted for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Karla Ruzicka, NOAA Seafood
Inspection Program Development, at
Karla.Ruzicka@noaa.gov or 978–281–
9269.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the
Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.), and in accordance
with the Reorganization Plan Number 4
of 1970 (84 Stat. 2090), NOAA
administers a voluntary Seafood
Inspection Program (SIP) which offers
inspection and grading services for
seafood products, similar to the United
States Department of Agriculture’s
inspection and grading program for
meat and poultry. The SIP regulations
pertaining to voluntary Inspection and
Certification of Establishments and
Fishery Products for Human
Consumption and Grading Standards
are codified at 50 CFR parts 260 and
261. Upon request and if appropriate,
SIP inspectors certify that seafood
products meet quality specifications
established by wholesale seafood
purchasers, e.g., grocery store chains,
and, for U.S. seafood exports, the food
safety requirements of the importing
country or widely agreed-upon
international food safety standards.
NOAA SIP also offers voluntary
inspection, audit, and consultative
services to domestic and international
processors, importers, and international
competent food safety authorities (i.e.,
governmental food safety agencies) to
ensure that imported fish and fishery
products meet U.S. Food and Drug
Administration (FDA) food safety
regulatory requirements and, where
applicable, specified quality levels.
Processors meeting specific NOAA SIP
safety, quality, and other program
requirements are permitted to mark
their products with widely recognized
marks and shields, including the U.S.
Grade A shield, Processed Under
Federal Inspection mark, Accepted Per
Specifications shield, and the Officially
Sampled shield. See 50 CFR 260.86.
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Sfmt 4702
The current regulations contained in
50 CFR part 260 have not been
substantively updated since 1971 when
NOAA first published SIP implementing
regulations (36 FR 21037; November 3,
1971) and do not reflect the changes in
industry and the role of NOAA SIP
since that time. The regulations in 50
CFR part 261 pertaining to grade
standards for fish and fish products
were last updated in 1996 (61 FR 9368;
March 8, 1996) and are also in need of
modernization. As part of an
overarching assessment of the continued
efficacy, reliability and relevance of the
50 CFR parts 260 and 261 regulations,
NOAA SIP concluded that substantial
improvements could be made that
would simplify its administrative,
inspection, and certification procedures,
resulting in increased uniformity of
inspection results and efficiencies
associated with inspection effort while
retaining the reliability and validity of
inspection results.
Therefore, as described more fully
below, NOAA SIP intends to:
(1) Modernize its administrative
procedures for obtaining inspection
services to reflect current practices and
remove those which may be obsolete;
(2) Update the sampling plan and lot
compliance determination procedures;
(3) Modernize use of inspection and
certification marks;
(4) Extend inspection services to
product forms beyond those for human
consumption; and
(5) Modernize U.S. grade standards.
To facilitate public input, NOAA SIP
has identified all of 50 CFR parts 260
and 261 for review and requests
comment on all aspects of its
regulations as well as the specific focus
areas identified below. In developing a
proposed rule, consideration will be
given to revising these sections and to
other suggestions for process
modernization that are received through
public comments on this ANPRM. In
general, NOAA SIP is looking for
comments and suggestions from
stakeholders regarding how it can
modernize its regulations to better
reflect current industry practices, and to
ensure they are as adaptable as possible
to potential changes in technologies and
product requirements.
1. Modernize Definitions and
Administrative Procedures
NOAA SIP intends to modernize the
definitions section of its regulations (50
CFR 260.6) and update its
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Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
administrative procedures for obtaining
inspection services (50 CFR 260.12–30).
There are a number of definitions in the
regulations that vary significantly from
the definitions used by other food
inspection agencies, or are simply out of
date. For example, the regulations
define ‘‘deviant,’’ but use of that term
has been supplanted over time by the
term ‘‘non-conformity’’ which is not
defined in the regulations. Other
common modern food safety terms that
are not defined in the regulations
include ‘‘adulteration’’ and ‘‘extraneous
material.’’
Administrative procedures under
consideration for revision include, but
are not limited to: The process for
requesting inspection service; the
procedures for inspecting and grading
products, issuing certificates, as well as
appealing inspection results; and
methods for determining fees and
charges. The existing regulations are out
of date with current practices because
they do not reflect the use of the
internet for requesting and appealing
inspection results, the use of electronic
documents, and similar technological
advances since the 1970’s. Comments
are requested to gain information on the
following:
• How can NOAA SIP improve and
update its regulatory definitions to
ensure alignment with internationally
recognized terminology;
• Identification of out-of-date and
unnecessary administrative procedures;
• Other suggestions to improve access
to inspections services.
2. Modernize Sampling Plan and Lot
Compliance Determination Procedures
The sampling plan and lot
compliance procedures described in 50
CFR 260.61 have been in place since
1966 and were based on the best
information at the time. There have
been significant advances in sampling
methods since then and NOAA SIP has
determined that a review of sampling
plans and procedures is necessary. As
part of this review, NOAA SIP desires
comments on the sampling of seafood
products for the purposes of
certification domestically and for
export. NOAA SIP is also interested in
suggestions for improvements to the
sampling plan, including but not
limited to, acceptance and reject
numbers, levels of subsampling,
reference to other published sampling
plans, etc. In working with other
Federal and State partners, questions
sometimes arise regarding how to define
or determine compliance when
inspecting product because the existing
regulations reflect older sampling
procedures not commonly used today.
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16:07 Oct 11, 2019
Jkt 250001
Uniform standards for determining lot
compliance, commonly understood by
NOAA SIP, federal and state partners,
and industry are essential for trade
facilitation. NOAA welcomes comments
on this important issue.
NOAA SIP will consider modernizing
the Sampling Plan and Lot Compliance
Determination Procedures to:
• Update and harmonize inspection
practices and procedures to improve
uniformity of inspection results by
Federal, State, industry, and other
inspectors;
• Adopt internationally recognized
standards and specifications to
determine sample size and acceptable
compliance rates for inspected products;
• Address other suggestions provided
by stakeholders.
In addition to revising the sampling
plan and lot compliance procedures for
product inspection and grading
purposes, NOAA SIP desires comments
on the sampling of seafood products for
the purposes of domestic and
international export certification.
Consideration will be given to:
• Whether sampling plans should
vary by product form, e.g., should live
lobster, fishmeal and fish oil have
product-specific sampling plans;
• Costs associated with destructive
sampling performed under current
sampling plans;
• Improvements needed for the
sampling plan, including but not
limited to acceptance and reject
numbers and/or references to other
recognized and statistically valid
sampling plans.
3. Modernize Use of Inspection and
Certification Marks
NOAA SIP currently has inspection
and grade marks that can be placed on
the packages of complying products
signifying to the buyer (industry or
consumer) the level of quality or status
of the product itself. The inspection
marks currently in place only attest to
the inspection of the specific seafood
product, not the conditions under
which it was produced. NOAA SIP has
received many requests from seafood
retailers, wholesalers and food safety
authorities in foreign countries to have
one or more marks that attest to the
conditions under which the product
was produced, i.e., a facility that has
been inspected and approved by NOAA
SIP. NOAA SIP will consider
modernizing use of inspection and
certification marks to:
• Evaluate the effectiveness of marks
and their use;
• Improve understanding and
recognition of what the marks signify;
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55131
• Evaluate the basis upon which each
of the marks is conferred;
• Consider whether an additional
mark signifying production in an
approved establishment should be
developed, and if so, determine the
criteria that the mark would confirm
and the feasibility of ensuring the
integrity of such a mark.
4. Extension of Services to Product
Forms Beyond Those for Human
Consumption
NOAA SIP services have evolved with
the ability of the seafood industry to
more fully utilize raw materials to
include byproducts such as fish meal,
fish oils, and other inedible product
forms. To that end, NOAA SIP invites
comments regarding:
• Whether NOAA SIP should
continue to support the trade and
certification of inedible fishery
products;
• What additional products should be
considered for SIP services;
• What supplier-to-buyer needs
would be supported by such services;
• Whether there are any marks or
attestations relevant to the industry that
should be considered in association
with these products and services;
• Any additional comments or
suggestions with regard to these
products and services.
In addition to amending its
regulations, NOAA SIP is considering
significant revisions to the existing
grade standards, which are found in the
SIP Inspection Manual, not in the
regulations.
5. Modernize U.S. Grade Standards
In 1996, NOAA SIP removed productspecific grading standards from its
regulations and has since issued them as
program policies maintained in the SIP
Inspection Manual (https://
www.fisheries.noaa.gov/national/
seafood-commerce-certification/
seafood-inspection-manual). See 61 FR
9368 (March 8, 1996). NOAA does not
intend to bring the grade standards back
into its regulations, but as the U.S.
Government is the primary source for
the development and direction of these
standards, they should be managed with
a similar level of transparency and open
discussion. NOAA SIP is soliciting
guidance on the U.S. Grade standards as
part of its comprehensive review of
operations, regulations and guidance to
industry. U.S. Grade Standards are
publicly available in the SIP Inspection
Manual found online and are revised as
necessary. Currently there are 23 grade
standards for various seafood products
with some being specific to species (e.g.,
halibut steaks). The standards could be
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Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules
collapsed down to a smaller number of
standards, perhaps fewer than 10, by
focusing on product form in general
(e.g., general steak standard). Doing so
would be an improvement over the
current offering of grade standards in
that it standardizes methods across all
species and opens up more seafood
products within the United States to be
able to apply a U.S. Grade A mark.
NOAA SIP will consider modernizing
U.S. Grade Standards to:
• Focus on finished product form
specificity rather than species;
• Harmonize Grade Standards design
across regions, stakeholders, and
products to increase results accuracy
and ease of use by all stakeholders;
• Develop easy-to-use product
grading documentation
• Improve scientific and statistical
methodologies applied to the evaluation
of seafood products such as moisture
determination, texture analysis, etc.;
• Address other suggestions provided
by stakeholders.
NOAA SIP is also interested in any
additional comments or suggestions for
improving the implementation of the
regulations under 50 CFR parts 260 and
261 and the Program generally.
Authority: 7 U.S.C. 1621 et seq.
Dated: October 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–22429 Filed 10–11–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 191008–0058]
RIN 0648–BJ17
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagics Resources in the
Gulf of Mexico and Atlantic Region;
Control Date
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advanced notice of proposed
rulemaking; consideration of a control
date.
khammond on DSKJM1Z7X2PROD with PROPOSALS
AGENCY:
This document announces the
establishment of a control date of March
7, 2019, for the commercial sector of
Spanish mackerel. The South Atlantic
SUMMARY:
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16:07 Oct 11, 2019
Jkt 250001
Fishery Management Council (South
Atlantic Council) may use the control
date if it decides to create restrictions
limiting participation in the commercial
sector for Spanish mackerel. The Gulf of
Mexico Fishery Management Council
(Gulf Council) would also need to
approve any restrictions to the Federal
commercial Spanish mackerel permit.
Anyone entering the sector after the
control date would not be assured of
future access should a management
program that limits participation in the
sector be prepared and implemented.
This announcement is intended, in part,
to promote awareness of the potential
eligibility criteria for future access to
discourage speculative entry into the
Spanish mackerel commercial sector
while the South Atlantic Council and
NMFS consider whether and how access
to the sector should be further
controlled.
DATES: Written comments must be
received by November 14, 2019.
ADDRESSES: You may submit comments
identified by ‘‘NOAA–NMFS–2019–
0083’’ by either of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190083, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, NMFS Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagic (CMP) fishery
in the Gulf of Mexico and Atlantic
regions is managed jointly by the Gulf
of Mexico and South Atlantic Fishery
Management Councils (Councils). The
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Fmt 4702
Sfmt 4702
Fishery Management Plan for Coastal
Migratory Pelagic Resources in the Gulf
of Mexico and Atlantic Region (FMP)
includes king mackerel and Spanish
mackerel, and cobia in the Gulf of
Mexico. The FMP was prepared by the
Councils and is implemented by NMFS
through regulations at 50 CFR part 622
under authority of the MagnusonStevens Fishery Conservation and
Management Act.
Spanish mackerel is not currently
overfished or undergoing overfishing.
However, as a result of increased
commercial effort and exceedance of the
commercial annual catch limit in recent
years, the South Atlantic Council
requested at their June 2019 meeting
that NMFS publish a control date of
March 7, 2019, for the Spanish mackerel
commercial permit. The final rule for
Amendment 2 to the FMP (52 FR 23836;
June 25, 1987), established an open
access Federal commercial permit for
both Atlantic and Gulf of Mexico
migratory groups of Spanish mackerel.
The control date enables the South
Atlantic Council to inform current and
potential participants that it is
considering creating restrictions that
may limit participation in the Spanish
mackerel commercial sector. The South
Atlantic Council may consider creating
a limited access permit system for the
Spanish mackerel commercial sector
where the number of participants could
be restricted through permit limitations
to control the amount of effort. Other
options may include, but are not limited
to, a limited access gillnet endorsement
in the Atlantic southern zone (North
Carolina/South Carolina boundary to
the Miami-Dade/Monroe County,
Florida, boundary), and collaboration
with state agencies.
This document informs participants
who enter the commercial sector for
Spanish mackerel after March 7, 2019,
that they may not be ensured
participation under future management
of this portion of the CMP fishery. If the
South Atlantic Council decides to
restrict participation in the Spanish
mackerel commercial sector in relation
to this control date, an amendment to
the FMP with analysis of specific
biological, economic, and social effects
will be prepared at that time. Any future
amendment addressing modifications to
the Spanish mackerel commercial
permit in relation to this control date
would require approval by both
Councils.
In addition to an amendment to the
FMP, implementation of any such
changes would require publication of a
notice of availability and proposed rule
in the Federal Register with public
comment periods, and, if approved by
E:\FR\FM\15OCP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55130-55132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22429]
[[Page 55130]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 260 and 261
[Docket No. 191001-0050]
RIN 0648-BH37
Inspection and Certification of Establishments and Fishery
Products for Human Consumption
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The NMFS Office of International Affairs and Seafood
Inspection intends to revise regulations at 50 CFR parts 260 and 261 to
improve the uniformity and reliability of voluntary seafood inspection
services by adopting recognized best practices for inspection. The
existing regulations have not been significantly revised or updated
since NMFS first issued them in 1971. It is anticipated that the
revisions will benefit the seafood industry by reducing the costs of
obtaining seafood inspection services and providing improved, more
accurate inspection results. Prior to drafting a proposed rule, NMFS is
issuing this advance notice of proposed rulemaking requesting input
from stakeholders and interested parties on focused areas of the
Seafood Inspection Program regulations. Based on comments received and
NMFS' overall assessment, NMFS expects to comprehensively overhaul the
regulations.
DATES: Written comments must be received on or before December 16,
2019.
ADDRESSES: You may submit comments on this document, identified by
docket NOAA-NMFS-2018-0098, by either of the following methods:
(1) Electronic submission: Submit all electronic public comments
via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0098. Click the ``Comment Now!'' icon,
and complete the required fields. Enter or attach your comments.
(2) Mail: Submit written comments to Karla Ruzicka, Education and
Program Development, NOAA Seafood Inspection Program, 55 Great Republic
Drive, Gloucester, MA 01930.
Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered by NMFS in developing a proposed rule. All comments received
are a part of the public record and will be posted for public viewing
on www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Karla Ruzicka, NOAA Seafood
Inspection Program Development, at [email protected] or 978-281-
9269.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.), and in accordance with the Reorganization Plan
Number 4 of 1970 (84 Stat. 2090), NOAA administers a voluntary Seafood
Inspection Program (SIP) which offers inspection and grading services
for seafood products, similar to the United States Department of
Agriculture's inspection and grading program for meat and poultry. The
SIP regulations pertaining to voluntary Inspection and Certification of
Establishments and Fishery Products for Human Consumption and Grading
Standards are codified at 50 CFR parts 260 and 261. Upon request and if
appropriate, SIP inspectors certify that seafood products meet quality
specifications established by wholesale seafood purchasers, e.g.,
grocery store chains, and, for U.S. seafood exports, the food safety
requirements of the importing country or widely agreed-upon
international food safety standards. NOAA SIP also offers voluntary
inspection, audit, and consultative services to domestic and
international processors, importers, and international competent food
safety authorities (i.e., governmental food safety agencies) to ensure
that imported fish and fishery products meet U.S. Food and Drug
Administration (FDA) food safety regulatory requirements and, where
applicable, specified quality levels. Processors meeting specific NOAA
SIP safety, quality, and other program requirements are permitted to
mark their products with widely recognized marks and shields, including
the U.S. Grade A shield, Processed Under Federal Inspection mark,
Accepted Per Specifications shield, and the Officially Sampled shield.
See 50 CFR 260.86.
The current regulations contained in 50 CFR part 260 have not been
substantively updated since 1971 when NOAA first published SIP
implementing regulations (36 FR 21037; November 3, 1971) and do not
reflect the changes in industry and the role of NOAA SIP since that
time. The regulations in 50 CFR part 261 pertaining to grade standards
for fish and fish products were last updated in 1996 (61 FR 9368; March
8, 1996) and are also in need of modernization. As part of an
overarching assessment of the continued efficacy, reliability and
relevance of the 50 CFR parts 260 and 261 regulations, NOAA SIP
concluded that substantial improvements could be made that would
simplify its administrative, inspection, and certification procedures,
resulting in increased uniformity of inspection results and
efficiencies associated with inspection effort while retaining the
reliability and validity of inspection results.
Therefore, as described more fully below, NOAA SIP intends to:
(1) Modernize its administrative procedures for obtaining
inspection services to reflect current practices and remove those which
may be obsolete;
(2) Update the sampling plan and lot compliance determination
procedures;
(3) Modernize use of inspection and certification marks;
(4) Extend inspection services to product forms beyond those for
human consumption; and
(5) Modernize U.S. grade standards.
To facilitate public input, NOAA SIP has identified all of 50 CFR
parts 260 and 261 for review and requests comment on all aspects of its
regulations as well as the specific focus areas identified below. In
developing a proposed rule, consideration will be given to revising
these sections and to other suggestions for process modernization that
are received through public comments on this ANPRM. In general, NOAA
SIP is looking for comments and suggestions from stakeholders regarding
how it can modernize its regulations to better reflect current industry
practices, and to ensure they are as adaptable as possible to potential
changes in technologies and product requirements.
1. Modernize Definitions and Administrative Procedures
NOAA SIP intends to modernize the definitions section of its
regulations (50 CFR 260.6) and update its
[[Page 55131]]
administrative procedures for obtaining inspection services (50 CFR
260.12-30). There are a number of definitions in the regulations that
vary significantly from the definitions used by other food inspection
agencies, or are simply out of date. For example, the regulations
define ``deviant,'' but use of that term has been supplanted over time
by the term ``non-conformity'' which is not defined in the regulations.
Other common modern food safety terms that are not defined in the
regulations include ``adulteration'' and ``extraneous material.''
Administrative procedures under consideration for revision include,
but are not limited to: The process for requesting inspection service;
the procedures for inspecting and grading products, issuing
certificates, as well as appealing inspection results; and methods for
determining fees and charges. The existing regulations are out of date
with current practices because they do not reflect the use of the
internet for requesting and appealing inspection results, the use of
electronic documents, and similar technological advances since the
1970's. Comments are requested to gain information on the following:
How can NOAA SIP improve and update its regulatory
definitions to ensure alignment with internationally recognized
terminology;
Identification of out-of-date and unnecessary
administrative procedures;
Other suggestions to improve access to inspections
services.
2. Modernize Sampling Plan and Lot Compliance Determination Procedures
The sampling plan and lot compliance procedures described in 50 CFR
260.61 have been in place since 1966 and were based on the best
information at the time. There have been significant advances in
sampling methods since then and NOAA SIP has determined that a review
of sampling plans and procedures is necessary. As part of this review,
NOAA SIP desires comments on the sampling of seafood products for the
purposes of certification domestically and for export. NOAA SIP is also
interested in suggestions for improvements to the sampling plan,
including but not limited to, acceptance and reject numbers, levels of
subsampling, reference to other published sampling plans, etc. In
working with other Federal and State partners, questions sometimes
arise regarding how to define or determine compliance when inspecting
product because the existing regulations reflect older sampling
procedures not commonly used today. Uniform standards for determining
lot compliance, commonly understood by NOAA SIP, federal and state
partners, and industry are essential for trade facilitation. NOAA
welcomes comments on this important issue.
NOAA SIP will consider modernizing the Sampling Plan and Lot
Compliance Determination Procedures to:
Update and harmonize inspection practices and procedures
to improve uniformity of inspection results by Federal, State,
industry, and other inspectors;
Adopt internationally recognized standards and
specifications to determine sample size and acceptable compliance rates
for inspected products;
Address other suggestions provided by stakeholders.
In addition to revising the sampling plan and lot compliance
procedures for product inspection and grading purposes, NOAA SIP
desires comments on the sampling of seafood products for the purposes
of domestic and international export certification. Consideration will
be given to:
Whether sampling plans should vary by product form, e.g.,
should live lobster, fishmeal and fish oil have product-specific
sampling plans;
Costs associated with destructive sampling performed under
current sampling plans;
Improvements needed for the sampling plan, including but
not limited to acceptance and reject numbers and/or references to other
recognized and statistically valid sampling plans.
3. Modernize Use of Inspection and Certification Marks
NOAA SIP currently has inspection and grade marks that can be
placed on the packages of complying products signifying to the buyer
(industry or consumer) the level of quality or status of the product
itself. The inspection marks currently in place only attest to the
inspection of the specific seafood product, not the conditions under
which it was produced. NOAA SIP has received many requests from seafood
retailers, wholesalers and food safety authorities in foreign countries
to have one or more marks that attest to the conditions under which the
product was produced, i.e., a facility that has been inspected and
approved by NOAA SIP. NOAA SIP will consider modernizing use of
inspection and certification marks to:
Evaluate the effectiveness of marks and their use;
Improve understanding and recognition of what the marks
signify;
Evaluate the basis upon which each of the marks is
conferred;
Consider whether an additional mark signifying production
in an approved establishment should be developed, and if so, determine
the criteria that the mark would confirm and the feasibility of
ensuring the integrity of such a mark.
4. Extension of Services to Product Forms Beyond Those for Human
Consumption
NOAA SIP services have evolved with the ability of the seafood
industry to more fully utilize raw materials to include byproducts such
as fish meal, fish oils, and other inedible product forms. To that end,
NOAA SIP invites comments regarding:
Whether NOAA SIP should continue to support the trade and
certification of inedible fishery products;
What additional products should be considered for SIP
services;
What supplier-to-buyer needs would be supported by such
services;
Whether there are any marks or attestations relevant to
the industry that should be considered in association with these
products and services;
Any additional comments or suggestions with regard to
these products and services.
In addition to amending its regulations, NOAA SIP is considering
significant revisions to the existing grade standards, which are found
in the SIP Inspection Manual, not in the regulations.
5. Modernize U.S. Grade Standards
In 1996, NOAA SIP removed product-specific grading standards from
its regulations and has since issued them as program policies
maintained in the SIP Inspection Manual (https://www.fisheries.noaa.gov/national/seafood-commerce-certification/seafood-inspection-manual). See 61 FR 9368 (March 8, 1996). NOAA does not
intend to bring the grade standards back into its regulations, but as
the U.S. Government is the primary source for the development and
direction of these standards, they should be managed with a similar
level of transparency and open discussion. NOAA SIP is soliciting
guidance on the U.S. Grade standards as part of its comprehensive
review of operations, regulations and guidance to industry. U.S. Grade
Standards are publicly available in the SIP Inspection Manual found
online and are revised as necessary. Currently there are 23 grade
standards for various seafood products with some being specific to
species (e.g., halibut steaks). The standards could be
[[Page 55132]]
collapsed down to a smaller number of standards, perhaps fewer than 10,
by focusing on product form in general (e.g., general steak standard).
Doing so would be an improvement over the current offering of grade
standards in that it standardizes methods across all species and opens
up more seafood products within the United States to be able to apply a
U.S. Grade A mark. NOAA SIP will consider modernizing U.S. Grade
Standards to:
Focus on finished product form specificity rather than
species;
Harmonize Grade Standards design across regions,
stakeholders, and products to increase results accuracy and ease of use
by all stakeholders;
Develop easy-to-use product grading documentation
Improve scientific and statistical methodologies applied
to the evaluation of seafood products such as moisture determination,
texture analysis, etc.;
Address other suggestions provided by stakeholders.
NOAA SIP is also interested in any additional comments or
suggestions for improving the implementation of the regulations under
50 CFR parts 260 and 261 and the Program generally.
Authority: 7 U.S.C. 1621 et seq.
Dated: October 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-22429 Filed 10-11-19; 8:45 am]
BILLING CODE 3510-22-P
