Availability of FSIS Import Guidance, 60126-60129 [2020-21061]
Download as PDF
<![CDATA[
60126
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
Total Burden Hours: 438,719.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2020–21069 Filed 9–23–20; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
September 21, 2020.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments are
required regarding; whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; ways to enhance the
quality, utility and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments regarding this information
collection received by October 26, 2020
will be considered. Written comments
and recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function. An agency
may not conduct or sponsor a collection
of information unless the collection of
information displays a currently valid
OMB control number and the agency
informs potential persons who are to
respond to the collection of information
that such persons are not required to
respond to the collection of information
unless it displays a currently valid OMB
control number.
Farm Service Agency
Title: Transfer of Farm Records
Between Counties.
OMB Control Number: 0560–0253.
Summary of Collection: Farm Service
Agency (FSA) programs are
administered on the basis of ‘‘farm’’. For
VerDate Sep<11>2014
17:00 Sep 23, 2020
Jkt 250001
program purposes, a farm is a collection
of tracts of land that have the same
owner and the same operator. Land with
different owners may be considered to
be a farm if all the land is operated by
one person and additional criteria are
met. A farm is typically administered in
the FSA county office where the farm is
physically located. A farm can be
transferred from the physical location
county office if the principal dwelling of
the farm operator has changed, a change
has occurred in the operation of the
land, or there has been a change that
would cause the receiving
administrative county office to be more
accessible. FSA–179, ‘‘Transfer of Farm
Record between Counties,’’ is used as
the request for a farm transfer from one
county to another initiated by the
producer.
Need and Use of the Information: The
information collected on the FSA–179 is
collected only if a farm transfer is being
requested and is collected in a face-toface setting with county office
personnel. The information is used by
county office employees to document
which farm is being transferred, what
county it is being transferred to, and
why it is being transferred. The FSA–
179 assists county committees in
determining why the farm transfer is
being requested and that it is not being
requested for the purpose of increased
program benefits, avoiding payment
reductions, establishing eligibility to
transfer base acres, or for circumventing
any other programs provision. Without
the information county offices will be
unable to determine whether the
producer desires to transfer a farm.
Description of Respondents: Farms.
Number of Respondents: 21,240.
Frequency of Responses: Reporting:
On occasion.
Total Burden Hours: 3,540.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2020–21094 Filed 9–23–20; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2020–0016]
Availability of FSIS Import Guidance
Food Safety and Inspection
Service, Agriculture (USDA).
ACTION: Notice of availability and
response to comments.
AGENCY:
In July 2017, FSIS published
and requested comment on guidance for
SUMMARY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
importing meat, poultry, and egg
products into the United States. FSIS is
announcing updates to this guidance
and responding to comments received
on the guidance. FSIS intends for this
guidance to help U.S. importers,
customs brokers, official import
inspection establishments, and other
interested persons understand and
comply with FSIS import requirements.
The guidance represents current FSIS
thinking, and FSIS will update it as
necessary to reflect comments received
and any additional information that
becomes available.
ADDRESSES: A downloadable version of
the FSIS import guidance is available to
view and print at https://
www.fsis.usda.gov/wps/portal/fsis/
topics/regulatory-compliance/
guidelines. No hard copies of the
compliance guideline have been
published.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development by telephone at
(202) 205–0495.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Agriculture’s
(USDA) Food Safety and Inspection
Service (FSIS) is the public health
regulatory agency responsible for
ensuring that domestic and imported
meat, poultry, and egg products are safe,
wholesome, and correctly labeled and
packaged. FSIS inspects imported meat,
poultry, and egg products under the
authority of the Federal Meat Inspection
Act (FMIA) (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (PPIA)
(21 U.S.C. 451 et seq.), and the Egg
Products Inspection Act (EPIA) (15
U.S.C. 1031 et seq.). Imported meat,
poultry, and egg products must originate
from eligible countries and from
establishments or plants (for egg
products) that are certified to export to
the United States (21 U.S.C. 620, 466,
and 1046). A country becomes eligible
following an equivalence determination
process completed by FSIS in
coordination with the country’s central
competent authority (CCA). Foreign
establishments or plants become eligible
when the CCA certifies to FSIS that the
establishments or plants meet
requirements that are equivalent to FSIS
requirements. All imported shipments
of meat, poultry, and egg products must
be presented to FSIS for inspection,
with certain exceptions, as detailed in
the guidance (i.e., a meat, poultry, or
dried egg products shipment that does
not exceed 50 pounds, or a liquid egg
products shipment that does not exceed
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
30 pounds, for personal consumption
only).
Updated Guidance
On July 7, 2017, FSIS announced the
availability of and requested comments
on import guidance that summarized
existing requirements for importing
meat, poultry, and egg products into the
U.S. and best practices for complying
with those requirements (82 FR 31549).
FSIS has updated the guidance based on
comments received. Specifically, FSIS
revised and reorganized a section on
industry supply chain best practices;
clarified approaches to levels of
reinspection; added information about
generic labeling approvals, food
defense, slaughter dates on import
certification, and barcoding; and made
minor editorial changes to improve the
guidance’s clarity.
This guidance represents current FSIS
thinking, and FSIS will update it as
necessary to reflect comments received
and any additional information that
becomes available. The updated
guidance is posted at: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/regulatory-compliance/
guidelines.
Comments and Responses
FSIS received public comments from
one trade association and two non-profit
consumer groups. The following is a
summary of the comments and the
Agency’s responses.
Product Lot Grouping & Certification
Comment: The trade association asked
that FSIS use an updated FSIS import
application and ‘‘physical manifest’’ as
a cross-reference when lots on the
foreign inspection certificate and import
inspection application misalign.
Response: FSIS regulations require
that foreign inspection certificates
accompany each consignment of meat,
poultry, or egg products offered for
import into the United States and
thoroughly identify the product (by
species, process category, number of
units, lot weight, etc.) certified by the
foreign CCA as meeting all applicable
FSIS requirements (9 CFR 327.4,
381.197, 557.4, and 590.915). Thus, the
foreign inspection certificate is the
primary lotting reference for FSIS
import inspectors. FSIS acknowledges
the importance of complete import
documentation for meeting all
commercial and government
requirements, but the import inspection
application and a ‘‘physical manifest’’
are not adequate to rectify misaligned
lotting.
VerDate Sep<11>2014
17:00 Sep 23, 2020
Jkt 250001
Barcoding
Comment: A trade association
requested that the guidance reference
the use of barcodes as an alternative
identifier when shipping marks are
missing or illegible and recommended
that the guidance include a link to FSIS
instructions on this topic.
Response: FSIS agrees with this
recommendation. The use of barcodes is
currently an option when shipping
marks are missing or completely
illegible and FSIS has updated the
guidance to note this option. To use the
barcode option, countries must first
submit a barcoding plan to FSIS to be
approved for this process, so that FSIS
can verify that imported products meet
requirements. FSIS is currently engaging
with countries and industry to develop
and verify alternative identification
(e.g., barcode) processes. FSIS is also
implementing a pilot to apply the
official import mark of inspection to
imported product (currently for raw
meat shipments exported to the United
States from participating establishments
in Australia) using barcodes instead of
shipping marks on shipping containers.
Level of Reinspection (LOR)
Applicability
Comment: The trade association
requested clarification on whether
levels of reinspection (LOR), such as
normal, increased, or intensified, apply
to lab sampling only, or other types of
inspection (TOI) also (physical exams,
container condition, etc.).
Response: Normal, increased, and
intensified LORs can apply to any TOI.
FSIS clarified this in the guidance.
Sampling
Comment: The trade association asked
whether imported products shipped
after a related shipment fails a specific
lab analysis would be subject only to
intensified sampling for the same lab
analysis, or the full range of TOI (e.g.,
product exam, condition of container,
sampling, etc.).
Response: Future associated
shipments are subject only to the
specific TOI failed in the original
shipment. FSIS has clarified this in the
guidance.
Generic Labeling
Comment: A trade association and
non-profit consumer group requested
guidance about how generic labeling
approval (i.e., labeling that does not
need to be submitted to FSIS for review)
would be applied to imported
shipments.
Response: Any entity responsible for
designing or modifying meat or poultry
labels may use generic approval of
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
60127
labels, including foreign exporters and
U.S. importers, provided the label is
eligible for generic labeling approval. In
August 2017, FSIS published a
compliance guide on generic labeling to
assist industry in realizing the
efficiencies of generic labeling. The
guideline is available at https://
www.fsis.usda.gov/wps/portal/fsis/
topics/regulatory-compliance/labeling.
FSIS also held a webinar for trading
partners, foreign exporters, and U.S.
importers in February 2018 to provide
guidance on generic labeling (https://
www.fsis.usda.gov/wps/portal/fsis/
newsroom/meetings/newsletters/
constituent-updates/archive/2018/
ConstUpdate011218). FSIS updated the
import guidance to indicate that the
generic labeling approval process
applies to labels from foreign
establishments, provided the label is
eligible for generic labeling approval.
Tray Packs and Palletized Shipments
Comment: A non-profit consumer
group requested information on labeling
requirements for imported tray packs
and single pallets in the guidance
document, and a trade association
requested that FSIS consider expanding
its policy of permitting application of
shipping marks to the outside of pallets
in certain cases to include shipments
destined for processing as an intact unit.
The trade association noted that,
currently, palletized, consumerpackaged, fully marked and labeled
products may be presented with the
shipping mark and shipping container
label applied to the outside of the pallet,
rather than to individual tray packs or
cartons, when only one type and size of
product is presented as a lot, and the
entire pallet will be distributed to retail
or the end user as an intact unit.
Response: This proposal is currently
under consideration within FSIS but is
outside the scope of this guidance.
Imported tray packs are subject to
immediate container labeling
requirements found in 9 CFR 327.14.
Pallets are subject to labeling
requirements if the pallets themselves
are the outside or shipping container
(e.g., shrink-wrapped pallet) of the
shipment (9 CFR 327.15, 9 CFR 301.2).
Regarding an expansion of the policy
allowing the shipping or identification
mark and label on pallets of the
products referenced above, FSIS is
considering the proposal for the
shipping or identification mark and
label to be applied to the outside of
pallets of product destined for further
processing as an intact unit.
E:\FR\FM\24SEN1.SGM
24SEN1
60128
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
Cooked Meat/Poultry Requirements
Comment: A non-profit consumer
group requested that FSIS include
requirements for imported cooked meat
and poultry from countries with exotic
animal disease outbreaks in the
guidance document.
Response: Animal disease restrictions
are under the jurisdiction of the Animal
and Plant Health Inspection Service
(APHIS) and can be found in 9 CFR part
94. Since announcing the draft import
guidance, FSIS has published a new
Import Library on its website. The
Import Library provides links to
country-specific pages for equivalent
countries that can export to the United
States detailing the eligible species,
process categories, product categories,
and product groups the country can
export. The information detailed on the
country-specific pages aligns with the
FSIS product categorization guide and
the Public Health Information System
(PHIS) (https://www.fsis.usda.gov/wps/
wcm/connect/abbf595d-7fc7-4170-b7be37f812882388/ProductCategorization.pdf?MOD=AJPERES).
Each eligible country page will also
list any applicable APHIS animal
disease restrictions, and includes direct,
disease-specific links to APHIS’ website
and regulations. FSIS has updated the
import guidance to include reference to
the Import Library, which can be found
online at https://www.fsis.usda.gov/
wps/portal/fsis/topics/internationalaffairs/importing-products/eligiblecountries-products-foreignestablishments/eligible-countries-andproducts.
Imported Carcasses
Comment: A non-profit consumer
group requested FSIS include
requirements for reinspecting imported
carcasses in the guidance document.
Response: Section VI of FSIS
Directive 9900.2, available at https://
www.fsis.usda.gov/wps/wcm/connect/
e262834a-80f7-4502-bf1d1a79b03899cd/
9900.2.pdf?MOD=AJPERES, includes
FSIS inspection program personnel
(IPP) instructions for reinspecting
imported carcasses. FSIS did not update
the import guidance with this
information because this guidance is
intended for importers and foreign
countries, not FSIS inspection program
personnel.
Prohibiting Imports of Beef Derived
From Cattle Subject to Certain PreSlaughter Restraints
Comment: A non-profit consumer
group requested that FSIS prohibit the
import of beef from cattle slaughtered
VerDate Sep<11>2014
17:00 Sep 23, 2020
Jkt 250001
using ‘‘shackle/hoist’’ and ‘‘shackle/
drag’’ methods, which are not permitted
in the United States, specifically from
South American countries.
Response: Prohibiting entry of a
product derived from a specific method
of slaughter is a matter of equivalence,
not import inspection. Equivalence is
the process of determining whether a
country’s food safety inspection system
achieves FSIS’s appropriate level of
public health protection as applied
domestically in the United States.
Additionally, the foreign food safety
inspection system is to provide
standards equivalent to FSIS to ensure
other non-food safety requirements
(such as humane handling, accurate
labeling, and assurance that meat,
poultry, or egg products are not
economically adulterated) are met.
As part of the equivalence process,
FSIS completes a review of a country’s
laws, regulations, policies, and
procedures pertaining to its food safety
inspection. This review includes
assessment of humane handling and
slaughter, animal disease restrictions,
and postmortem inspection. FSIS
assesses the supporting documents to
determine whether each country’s food
safety inspection system provide
standards equivalent to FSIS regarding
these and other factors of inspection. If
FSIS concludes that these documents
support that the country maintains a
food safety inspection system that
provides an equivalent level of
protection, then FSIS conducts an onsite verification audit of the country’s
food safety inspection system. The
purpose of the audit is to verify that the
inspection system is implementing its
laws, regulations, policies, and
procedures as described in its
documents. Information on the
equivalence process is available at:
https://www.fsis.usda.gov/wps/portal/
fsis/topics/international-affairs/
Equivalence/equivalence-processoverview.
At the time of this Notice, Argentina,
Brazil, Chile, and Uruguay are South
American countries that maintain
equivalence with the United States for
certain meat products. FSIS auditors
have determined that slaughter
establishments that produce eligible
meat products in these countries
comply with the animal welfare,
humane slaughter, and postmortem
inspection requirements of the
government’s requirements, which are
equivalent to FSIS requirements.
FSIS Changes
Based on further internal review, FSIS
has updated the guidance as follows:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Slaughter dates: FSIS added language
to reflect that slaughter dates may be
required on the official inspection
certificate when FSIS has first
determined that a country’s system is
equivalent to the United States, or FSIS
reinstates a country’s equivalence
status.
Reinspection failures and appeals:
FSIS added language to clarify the
existing policy on intensified rates of
reinspection when a shipment fails
reinspection, to align with current PHIS
programming. FSIS also added a subsection for establishment appeals of
inspection decisions.
Equivalence page: FSIS has updated
links in the guidance to the current FSIS
equivalence page.
Food defense: FIS has added a section
on food defense.
Industry Supply Chain Best Practices:
FSIS has expanded and revised the
industry supply chain best practices
section.
Siluriformes: FSIS has added
regulatory references for Siluriformes
throughout the guidance.
Congressional Review Act
Pursuant to the Congressional Review
Act at 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs has
determined that this notice is not a
‘‘major rule,’’ as defined by 5 U.S.C.
804(2).
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication online through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this
publication available through the FSIS
Constituent Update, which is used to
provide information regarding FSIS
policies, procedures, regulations,
Federal Register notices, FSIS public
meetings, and other types of information
that could affect or would be of interest
to our constituents and stakeholders.
The Constituent Update is available on
the FSIS web page. Through the web
page, FSIS is able to provide
information to a much broader, 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,
regulations, directives, and notices.
Customers can add or delete
subscriptions themselves, and have the
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
option to password protect their
accounts.
USDA Non-Discrimination 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.
How To File a Complaint of
Discrimination
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).
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2020–21061 Filed 9–23–20; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Forest Service
Forest Service Manual 7700 Travel
Management; Chapter 7700, Zero
Code; Chapter 7710 Travel Planning
Forest Service, Agriculture
(USDA).
ACTION: Notice of availability for public
comment.
AGENCY:
The United States Department
of Agriculture (USDA), Forest Service, is
proposing to revise its directives to
update and clarify guidance on
management of electric bicycle (e-bike)
use on National Forest System (NFS)
lands. E-bikes have become increasingly
popular nationwide among outdoor
recreationists on NFS and other federal
SUMMARY:
VerDate Sep<11>2014
17:00 Sep 23, 2020
Jkt 250001
lands. E-bikes expand recreational
opportunities for many people,
particularly the elderly and disabled,
enabling them to enjoy the outdoors and
associated health benefits. Currently ebike use is not allowed on NFS roads,
on NFS trails, and in areas on NFS lands
that are not designated for motor vehicle
use. To promote designation of NFS
roads, NFS trails, and areas on NFS
lands for e-bike use, the proposed
revisions include new definitions for an
e-bike and a Class 1, Class 2, and Class
3 e-bike, as well as guidance and criteria
for designating e-bike use on NFS roads,
on NFS trails, and in areas on NFS
lands.
DATES: Comments must be received in
writing by October 26, 2020.
ADDRESSES: Comments may be
submitted electronically to https://
cara.ecosystem-management.org/Public/
ReadingRoom?project=ORMS-2619.
Written comments may be mailed to
Director, Recreation Staff, 1400
Independence Avenue SW, Washington,
DC 20250–1124. All timely received
comments, including names and
addresses, will be placed in the record
and will be available for public
inspection and copying. The public may
inspect comments received at https://
cara.ecosystem-management.org/Public/
CommentInput?project=ORMS-2619.
FOR FURTHER INFORMATION CONTACT:
Penny Wu, Recreation Staff, penny.wu@
usda.gov, (303) 275–5168. Individuals
who use telecommunication devices for
the deaf may call the Federal Relay
Service at (800) 877–8339 between 8:00
a.m. and 8:00 p.m., Eastern Standard
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Over 27
States have adopted a standard
definition for an e-bike and a threetiered classification system for e-bikes.
Additionally, the United States
Department of the Interior (DOI)
recently issued proposed e-bike rules for
the Bureau of Land Management, U.S.
Fish and Wildlife Service, Bureau of
Reclamation, and the National Park
Service pursuant to a Secretarial Order
that promotes e-bike use on DOImanaged federal lands.
The Forest Service’s proposed
directive revisions align with the 27
States and DOI’s proposed e-bike rules
in adopting a standard definition for an
e-bike and a three-tiered classification
for e-bikes and align with DOI’s
proposed e-bike rules in requiring sitespecific decision-making and
environmental analysis at the local level
to allow e-bike use. In particular, the
proposed revisions would add a
paragraph to Forest Service Manual
(FSM) 7702 to establish promotion of e-
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
60129
bike use on NFS lands as an objective;
would add a cross-reference in FSM
7703.13 and 7703.14 to specific
guidance on designating NFS trails and
areas on NFS lands for motor vehicle
use; would add definitions in FSM 7705
for ‘‘bicycle’’ and ‘‘e-bike,’’ including
‘‘Class 1,’’ ‘‘Class 2,’’ and ‘‘Class 3 ebike’’; would revise FSM 7711.3,
paragraph 6, to add a category for
designating e-bike use on NFS trails;
would add a paragraph to FSM 7715.03
to establish promotion of e-bike use on
NFS lands as a policy; would revise
FSM 7715.5 to add a criterion to
consider trail management objectives in
designating trails for motor vehicle use
generally and to add criteria and
guidance for designating e-bike use on
NFS trails; and to add a paragraph in
FSM 7715.72 to enhance coordination
with appropriate Federal, State, and
local governmental entities and Tribal
governments on travel management
decisions and operational practices on
routes crossing multiple jurisdictions to
provide continuity of recreation
experiences.
After the public comment period
closes, the Forest Service will consider
timely comments that are within the
scope of the proposed revisions to the
directives in the development of the
final revisions. A notice of the final
revisions, including a response to timely
comments, will be posted on the Forest
Service’s web page at https://
www.fs.fed.us/about-agency/
regulations-policies.
Tina Johna Terrell,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2020–21128 Filed 9–23–20; 8:45 am]
BILLING CODE 3411–15–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Hawai1i
Advisory Committee; Correction
Commission on Civil Rights.
Notice; correction.
AGENCY:
ACTION:
The Commission on Civil
Rights published a notice in the Federal
Register on Friday, September 18, 2020,
concerning a meeting of the Hawai1i
Advisory Committee. The document
contained an incorrect day of the week,
which now has changed to Monday the
correct day of the week.
FOR FURTHER INFORMATION CONTACT:
Angelica Trevino, (202) 695–8935,
atrevino@usccr.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\24SEN1.SGM
24SEN1
]]>Agencies
[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60126-60129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21061]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2020-0016]
Availability of FSIS Import Guidance
AGENCY: Food Safety and Inspection Service, Agriculture (USDA).
ACTION: Notice of availability and response to comments.
-----------------------------------------------------------------------
SUMMARY: In July 2017, FSIS published and requested comment on guidance
for importing meat, poultry, and egg products into the United States.
FSIS is announcing updates to this guidance and responding to comments
received on the guidance. FSIS intends for this guidance to help U.S.
importers, customs brokers, official import inspection establishments,
and other interested persons understand and comply with FSIS import
requirements. The guidance represents current FSIS thinking, and FSIS
will update it as necessary to reflect comments received and any
additional information that becomes available.
ADDRESSES: A downloadable version of the FSIS import guidance is
available to view and print at https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/guidelines. No hard copies of the
compliance guideline have been published.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development by telephone at
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Agriculture's (USDA) Food Safety and
Inspection Service (FSIS) is the public health regulatory agency
responsible for ensuring that domestic and imported meat, poultry, and
egg products are safe, wholesome, and correctly labeled and packaged.
FSIS inspects imported meat, poultry, and egg products under the
authority of the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et
seq.), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et
seq.), and the Egg Products Inspection Act (EPIA) (15 U.S.C. 1031 et
seq.). Imported meat, poultry, and egg products must originate from
eligible countries and from establishments or plants (for egg products)
that are certified to export to the United States (21 U.S.C. 620, 466,
and 1046). A country becomes eligible following an equivalence
determination process completed by FSIS in coordination with the
country's central competent authority (CCA). Foreign establishments or
plants become eligible when the CCA certifies to FSIS that the
establishments or plants meet requirements that are equivalent to FSIS
requirements. All imported shipments of meat, poultry, and egg products
must be presented to FSIS for inspection, with certain exceptions, as
detailed in the guidance (i.e., a meat, poultry, or dried egg products
shipment that does not exceed 50 pounds, or a liquid egg products
shipment that does not exceed
[[Page 60127]]
30 pounds, for personal consumption only).
Updated Guidance
On July 7, 2017, FSIS announced the availability of and requested
comments on import guidance that summarized existing requirements for
importing meat, poultry, and egg products into the U.S. and best
practices for complying with those requirements (82 FR 31549). FSIS has
updated the guidance based on comments received. Specifically, FSIS
revised and reorganized a section on industry supply chain best
practices; clarified approaches to levels of reinspection; added
information about generic labeling approvals, food defense, slaughter
dates on import certification, and barcoding; and made minor editorial
changes to improve the guidance's clarity.
This guidance represents current FSIS thinking, and FSIS will
update it as necessary to reflect comments received and any additional
information that becomes available. The updated guidance is posted at:
https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/guidelines.
Comments and Responses
FSIS received public comments from one trade association and two
non-profit consumer groups. The following is a summary of the comments
and the Agency's responses.
Product Lot Grouping & Certification
Comment: The trade association asked that FSIS use an updated FSIS
import application and ``physical manifest'' as a cross-reference when
lots on the foreign inspection certificate and import inspection
application misalign.
Response: FSIS regulations require that foreign inspection
certificates accompany each consignment of meat, poultry, or egg
products offered for import into the United States and thoroughly
identify the product (by species, process category, number of units,
lot weight, etc.) certified by the foreign CCA as meeting all
applicable FSIS requirements (9 CFR 327.4, 381.197, 557.4, and
590.915). Thus, the foreign inspection certificate is the primary
lotting reference for FSIS import inspectors. FSIS acknowledges the
importance of complete import documentation for meeting all commercial
and government requirements, but the import inspection application and
a ``physical manifest'' are not adequate to rectify misaligned lotting.
Barcoding
Comment: A trade association requested that the guidance reference
the use of barcodes as an alternative identifier when shipping marks
are missing or illegible and recommended that the guidance include a
link to FSIS instructions on this topic.
Response: FSIS agrees with this recommendation. The use of barcodes
is currently an option when shipping marks are missing or completely
illegible and FSIS has updated the guidance to note this option. To use
the barcode option, countries must first submit a barcoding plan to
FSIS to be approved for this process, so that FSIS can verify that
imported products meet requirements. FSIS is currently engaging with
countries and industry to develop and verify alternative identification
(e.g., barcode) processes. FSIS is also implementing a pilot to apply
the official import mark of inspection to imported product (currently
for raw meat shipments exported to the United States from participating
establishments in Australia) using barcodes instead of shipping marks
on shipping containers.
Level of Reinspection (LOR) Applicability
Comment: The trade association requested clarification on whether
levels of reinspection (LOR), such as normal, increased, or
intensified, apply to lab sampling only, or other types of inspection
(TOI) also (physical exams, container condition, etc.).
Response: Normal, increased, and intensified LORs can apply to any
TOI. FSIS clarified this in the guidance.
Sampling
Comment: The trade association asked whether imported products
shipped after a related shipment fails a specific lab analysis would be
subject only to intensified sampling for the same lab analysis, or the
full range of TOI (e.g., product exam, condition of container,
sampling, etc.).
Response: Future associated shipments are subject only to the
specific TOI failed in the original shipment. FSIS has clarified this
in the guidance.
Generic Labeling
Comment: A trade association and non-profit consumer group
requested guidance about how generic labeling approval (i.e., labeling
that does not need to be submitted to FSIS for review) would be applied
to imported shipments.
Response: Any entity responsible for designing or modifying meat or
poultry labels may use generic approval of labels, including foreign
exporters and U.S. importers, provided the label is eligible for
generic labeling approval. In August 2017, FSIS published a compliance
guide on generic labeling to assist industry in realizing the
efficiencies of generic labeling. The guideline is available at https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling. FSIS also held a webinar for trading partners, foreign
exporters, and U.S. importers in February 2018 to provide guidance on
generic labeling (https://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2018/ConstUpdate011218). FSIS updated the import guidance to indicate that
the generic labeling approval process applies to labels from foreign
establishments, provided the label is eligible for generic labeling
approval.
Tray Packs and Palletized Shipments
Comment: A non-profit consumer group requested information on
labeling requirements for imported tray packs and single pallets in the
guidance document, and a trade association requested that FSIS consider
expanding its policy of permitting application of shipping marks to the
outside of pallets in certain cases to include shipments destined for
processing as an intact unit. The trade association noted that,
currently, palletized, consumer-packaged, fully marked and labeled
products may be presented with the shipping mark and shipping container
label applied to the outside of the pallet, rather than to individual
tray packs or cartons, when only one type and size of product is
presented as a lot, and the entire pallet will be distributed to retail
or the end user as an intact unit.
Response: This proposal is currently under consideration within
FSIS but is outside the scope of this guidance. Imported tray packs are
subject to immediate container labeling requirements found in 9 CFR
327.14. Pallets are subject to labeling requirements if the pallets
themselves are the outside or shipping container (e.g., shrink-wrapped
pallet) of the shipment (9 CFR 327.15, 9 CFR 301.2). Regarding an
expansion of the policy allowing the shipping or identification mark
and label on pallets of the products referenced above, FSIS is
considering the proposal for the shipping or identification mark and
label to be applied to the outside of pallets of product destined for
further processing as an intact unit.
[[Page 60128]]
Cooked Meat/Poultry Requirements
Comment: A non-profit consumer group requested that FSIS include
requirements for imported cooked meat and poultry from countries with
exotic animal disease outbreaks in the guidance document.
Response: Animal disease restrictions are under the jurisdiction of
the Animal and Plant Health Inspection Service (APHIS) and can be found
in 9 CFR part 94. Since announcing the draft import guidance, FSIS has
published a new Import Library on its website. The Import Library
provides links to country-specific pages for equivalent countries that
can export to the United States detailing the eligible species, process
categories, product categories, and product groups the country can
export. The information detailed on the country-specific pages aligns
with the FSIS product categorization guide and the Public Health
Information System (PHIS) (https://www.fsis.usda.gov/wps/wcm/connect/abbf595d-7fc7-4170-b7be-37f812882388/Product-Categorization.pdf?MOD=AJPERES).
Each eligible country page will also list any applicable APHIS
animal disease restrictions, and includes direct, disease-specific
links to APHIS' website and regulations. FSIS has updated the import
guidance to include reference to the Import Library, which can be found
online at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/eligible-countries-products-foreign-establishments/eligible-countries-and-products.
Imported Carcasses
Comment: A non-profit consumer group requested FSIS include
requirements for reinspecting imported carcasses in the guidance
document.
Response: Section VI of FSIS Directive 9900.2, available at https://www.fsis.usda.gov/wps/wcm/connect/e262834a-80f7-4502-bf1d-1a79b03899cd/9900.2.pdf?MOD=AJPERES, includes FSIS inspection program
personnel (IPP) instructions for reinspecting imported carcasses. FSIS
did not update the import guidance with this information because this
guidance is intended for importers and foreign countries, not FSIS
inspection program personnel.
Prohibiting Imports of Beef Derived From Cattle Subject to Certain Pre-
Slaughter Restraints
Comment: A non-profit consumer group requested that FSIS prohibit
the import of beef from cattle slaughtered using ``shackle/hoist'' and
``shackle/drag'' methods, which are not permitted in the United States,
specifically from South American countries.
Response: Prohibiting entry of a product derived from a specific
method of slaughter is a matter of equivalence, not import inspection.
Equivalence is the process of determining whether a country's food
safety inspection system achieves FSIS's appropriate level of public
health protection as applied domestically in the United States.
Additionally, the foreign food safety inspection system is to provide
standards equivalent to FSIS to ensure other non-food safety
requirements (such as humane handling, accurate labeling, and assurance
that meat, poultry, or egg products are not economically adulterated)
are met.
As part of the equivalence process, FSIS completes a review of a
country's laws, regulations, policies, and procedures pertaining to its
food safety inspection. This review includes assessment of humane
handling and slaughter, animal disease restrictions, and postmortem
inspection. FSIS assesses the supporting documents to determine whether
each country's food safety inspection system provide standards
equivalent to FSIS regarding these and other factors of inspection. If
FSIS concludes that these documents support that the country maintains
a food safety inspection system that provides an equivalent level of
protection, then FSIS conducts an on-site verification audit of the
country's food safety inspection system. The purpose of the audit is to
verify that the inspection system is implementing its laws,
regulations, policies, and procedures as described in its documents.
Information on the equivalence process is available at: https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/Equivalence/equivalence-process-overview.
At the time of this Notice, Argentina, Brazil, Chile, and Uruguay
are South American countries that maintain equivalence with the United
States for certain meat products. FSIS auditors have determined that
slaughter establishments that produce eligible meat products in these
countries comply with the animal welfare, humane slaughter, and
postmortem inspection requirements of the government's requirements,
which are equivalent to FSIS requirements.
FSIS Changes
Based on further internal review, FSIS has updated the guidance as
follows:
Slaughter dates: FSIS added language to reflect that slaughter
dates may be required on the official inspection certificate when FSIS
has first determined that a country's system is equivalent to the
United States, or FSIS reinstates a country's equivalence status.
Reinspection failures and appeals: FSIS added language to clarify
the existing policy on intensified rates of reinspection when a
shipment fails reinspection, to align with current PHIS programming.
FSIS also added a sub-section for establishment appeals of inspection
decisions.
Equivalence page: FSIS has updated links in the guidance to the
current FSIS equivalence page.
Food defense: FIS has added a section on food defense.
Industry Supply Chain Best Practices: FSIS has expanded and revised
the industry supply chain best practices section.
Siluriformes: FSIS has added regulatory references for Siluriformes
throughout the guidance.
Congressional Review Act
Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq.,
the Office of Information and Regulatory Affairs has determined that
this notice is not a ``major rule,'' as defined by 5 U.S.C. 804(2).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this publication available through
the FSIS Constituent Update, which is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, and other types of information that
could affect or would be of interest to our constituents and
stakeholders. The Constituent Update is available on the FSIS web page.
Through the web page, FSIS is able to provide information to a much
broader, 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, regulations, directives, and notices. Customers can
add or delete subscriptions themselves, and have the
[[Page 60129]]
option to password protect their accounts.
USDA Non-Discrimination 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.
How To File a Complaint of Discrimination
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: [email protected].
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).
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2020-21061 Filed 9-23-20; 8:45 am]
BILLING CODE 3410-DM-P
