Availability of FSIS Guideline To Assist With the Donation of Eligible Meat, Poultry and Egg Products to Non-Profit Organizations, 45626-45629 [2024-11310]
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Notices
Federal Register
Vol. 89, No. 101
Thursday, May 23, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2022–0058]
Addition of Aruba, Eritrea, Ethiopia,
Hong Kong, Iran, Timor-Leste, and
Yemen to the List of Regions Affected
by Screwworm
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that we have added Aruba, Eritrea,
Ethiopia, Hong Kong, Iran, Timor-Leste,
and Yemen to the Animal and Plant
Health Inspection Service (APHIS) list
maintained on the APHIS website of
regions considered affected with
screwworm. We took this action because
of the confirmation of screwworm in
these regions.
DATES: Aruba, Eritrea, Ethiopia, Hong
Kong, Iran, Timor-Leste, and Yemen
were added to the list of regions
considered affected with screwworm
effective June 8, 2022.
FOR FURTHER INFORMATION CONTACT: Dr.
Ingrid Kotowski, APHIS Veterinary
Services, Regionalization Evaluation
Services, 920 Main Campus Drive, Suite
200, Raleigh, NC 27606; telephone:
(919) 855–7732; email:
AskRegionalization@usda.gov.
SUPPLEMENTARY INFORMATION: The
regulations in 9 CFR part 93 (referred to
below as the regulations) prohibit or
restrict the importation of certain
animals into the United States to
prevent the introduction of
communicable diseases and pests of
livestock. Subparts C, D, E, and F of the
regulations govern the importation of
horses, ruminants, swine, and dogs,
respectively.
Horses, ruminants, swine, and dogs
may be imported into the United States
from the regions where screwworm is
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SUMMARY:
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considered to exist only if they are
inspected and, if necessary, treated for
screwworm according to the conditions
outlined in the regulations for each type
of animal. The requirements for horses
are set out in § 93.308(a)(3) and include
not only pre-embarkation and postarrival inspection and treatment
requirements, but also quarantine in the
United States for 7 days after arrival,
and examination by a veterinarian
before release from quarantine. The
requirements for ruminants and swine
are set out in §§ 93.405(a)(3) and
93.505(b) and are the same as for horses,
other than the 7-day quarantine and
final examination of the animal. The
requirements for dogs are set out in
§ 93.600 and require that all dogs from
affected regions be inspected and, if
necessary, treated before importation.
The Animal and Plant Health
Inspection Service (APHIS) maintains a
list of regions APHIS considers affected
with screwworm on its website at
https://www.aphis.usda.gov/aphis/
ourfocus/animalhealth/animal-andanimal-product-import-information/
animal-health-status-of-regions/. APHIS
will add a region to the list upon
determining that screwworm exists in
the region based on reports we receive
of detections of the pest from veterinary
officials of the exporting country, from
the World Organization for Animal
Health (WOAH), or from other sources
the Administrator determines to be
reliable.
Screwworm is reported on the WOAH
website as having occurred in Aruba,
Eritrea, Ethiopia, Hong Kong, Iran,
Timor-Leste, and Yemen in at least one
biannual WOAH reporting period since
at least 2005, and APHIS has not
confirmed that screwworm was
subsequently eradicated from any of
these regions. Accordingly, on June 8,
2022, APHIS added Aruba, Eritrea,
Ethiopia, Hong Kong, Iran, Timor-Leste,
and Yemen to the list of regions APHIS
considers affected with screwworm. As
a result, horses, ruminants, swine, and
dogs from these regions are subject to
APHIS import restrictions designed to
mitigate risk of screwworm introduction
into the United States.
Authority: 7 U.S.C. 1622 and 8301–
8317; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
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Done in Washington, DC, this 17th day of
May 2024.
Michael Watson,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2024–11318 Filed 5–22–24; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2020–0030]
Availability of FSIS Guideline To Assist
With the Donation of Eligible Meat,
Poultry and Egg Products to Non-Profit
Organizations
Food Safety and Inspection
Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice of availability and
response to comments.
AGENCY:
On December 21, 2020, FSIS
published and requested comments on a
guideline addressing the donation of
meat and poultry products from official
establishments to non-profit
organizations. FSIS is announcing
updates to this guideline and
responding to comments received on the
previous version of the guideline.
ADDRESSES: A downloadable version of
the guideline is available to view and
print at https://www.fsis.usda.gov/
policy/fsis-guidelines.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development by telephone at
(202) 205–0495.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 21, 2020, FSIS
announced in the Federal Register the
availability of the FSIS Guideline to
Assist with the Donation of Eligible
Meat and Poultry Products to Non-Profit
Organizations (85 FR 83029). FSIS
published the guideline to address food
donation questions from meat and
poultry establishments and non-profit
organizations. The guideline explained
inspection, labeling, shipping
requirements, and exemptions. FSIS
requested comments on the guideline.
After review and consideration of all
comments, FSIS has made changes to
and clarified certain aspects of the
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guideline. For example, FSIS revised the
donation flowchart in the guideline to
improve readability. The other revisions
to the guideline are summarized below
and are discussed in more detail in
FSIS’ responses to comments. The
revised guideline is available at the FSIS
guidance web page at https://
www.fsis.usda.gov/policy/fsisguidelines. Although comments on this
guideline will no longer be accepted
through www.regulations.gov, FSIS will
continue to update this document as
necessary.
Meat and poultry establishments can
be a critical component of reducing food
loss and waste. FSIS encourages
establishments to donate meat and
poultry products to non-profit
organizations, when possible, to reduce
food loss and waste.
stakeholders in keeping products safe
during transport;’’ 1
• FSIS modified the ‘‘Misbranded and
Economically Adulterated Products’’
section of the guideline to clarify
labeling requirements for products with
ingredients of public health concern;
and
• FSIS revised the ‘‘Misbranded and
Economically Adulterated Products’’
section of the guideline to remove
language that could have been
misinterpreted as FSIS creating new
policy.
Summary of Changes to the Guideline
• FSIS updated the ‘‘Preface’’ section
to specify which products are covered
under the guideline;
• FSIS added information on
donating egg products to help
establishments and non-profit
organizations better understand the
relevant statutes, regulations, and FSIS
policies;
• FSIS added a section to the
guideline that addresses limited liability
protection for donors including
information related to the Bill Emerson
Good Samaritan Food Donation Act and
the Food Donation Improvement Act;
• FSIS updated the text to reflect the
updated and recommitted formal
agreement between USDA, the U.S.
Environmental Protection Agency, and
the U.S. Food and Drug Administration
(FDA);
• FSIS removed the ‘‘Donation
Recipients’’ section to eliminate
confusion;
• FSIS moved the ‘‘State-Inspected
Products,’’ ‘‘Expired Products,’’
‘‘Incorrect Standards of Identity,’’ and
‘‘Statement of Limited Use/
Distribution’’ sections to under the
‘‘Products Eligible for Donation’’
heading to improve readability;
• FSIS ensured that all in-text
citations are properly linked;
• FSIS revised the ‘‘Guidance for
Organizations Receiving Donated
Products’’ section of the guideline to
alleviate confusion and improve
readability;
• FSIS updated the donation
flowchart to improve readability and
include references to State inspected
products;
• FSIS added a reference to FDA’s
final rule ‘‘Sanitary Transportation of
Human and Animal Food as an
additional resource to assist
General
Comment: A State government
recommended that FSIS add language to
the guideline on proper cooking
temperatures for raw meat and poultry
products and cooking instructions for
pre-packaged food. The commenter
suggested that adding this information
to the guideline would benefit donation
recipients and reduce the risk of wasted
resources.
Response: FSIS did not add
information about proper cooking
temperatures to the food donation
guideline because they are not relevant
to the guideline. Information on proper
cooking temperatures can be found in
other guidance documents, such as the
Safe Minimum Cooking Temperatures
charts found at https://
www.foodsafety.gov/food-safety-charts/
safe-minimum-cooking-temperature.
Comment: A meat producer, an
academic institution, and a State
government stated that FSIS should
allow products produced under the
custom exemptions to be donated. The
academic institution stated that there
are instances when products produced
at custom processing or slaughter
facilities are eligible for donation at the
State and local level. The academic
institution suggested that revising the
exemptions table in the guideline would
help avoid confusion and potential
jurisdictional concerns and would
promote donation practices that are
currently allowed and encouraged
under many State and local laws. The
State government further noted that
there is meat and poultry waste
generated at custom processing
establishments, and that there is an
opportunity to allow for donation. A
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Comments and Responses
FSIS received five comments on the
guideline from two meat producers, two
State governments, and an academic
institution. The following is a summary
of the comments and FSIS’ responses.
1 See: https://www.govinfo.gov/content/pkg/FR2016-04-06/pdf/2016-07330.pdf.
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separate meat producer noted that there
are other instances when uninspected
meat is permissible for donation (i.e.,
hunter-harvested venison).
Response: Custom slaughtered and
processed meat and poultry products
that are prepared from amenable species
under the Federal Meat Inspection Act
(FMIA) or Poultry Products Inspection
Act (PPIA) are prohibited from being
donated (21 U.S.C. 623(a) and 21 U.S.C.
464(c)(1)(B)). Custom products are for
the exclusive use of the owner of the
livestock or poultry, members of the
owner’s household, nonpaying guests,
or household employees. Additionally,
specific exemptions under the Egg
Products Inspection Act (EPIA) can be
found in 21 U.S.C. 1044.
Meat products amenable to the FMIA
include those derived from carcasses
and parts of cattle, sheep, swine, goat,
and fish of the order Siluriformes.
Poultry products amenable to the PPIA
are derived from any domesticated bird
(chickens, turkeys, ducks, geese, ratites,
or squabs, also termed young pigeons
from 1 to about 30 days of age). Egg
products amenable to the EPIA are from
the shell eggs of the domesticated
chicken, turkey, duck, goose, or guinea.
Nonamenable products (e.g., deer, elk,
and bison) that fall under the
jurisdiction of other regulatory
authorities (i.e., FDA, State, or local
governments) may have different
policies related to donating products.
FSIS recommends consulting with these
regulatory authorities for further
clarification on donating those products.
FSIS did not revise the exemptions table
in the guideline to incorporate
nonamenable products. However, FSIS
updated the ‘‘Preface’’ section of the
guideline to specify which products are
covered under the guideline and FSIS
jurisdiction.
Comment: A State government and an
academic institution suggested that FSIS
include information in the guideline on
the Bill Emerson Good Samaritan Act
(42 U.S.C. 1791) and liability
protections for food donors. The State
government stated that liability
protection is potential donors’ primary
concern.
Response: FSIS agrees and has added
a section to the guideline that addresses
limited liability protection for donors.
However, it is important to reiterate that
donations of apparently wholesome
meat and poultry products by qualified
direct donors must be made in
compliance with FSIS regulations.
Comment: A State government noted
that the guideline includes an exclusion
from temporary label approval and
relabeling, provided that certain bill of
lading statements are provided. The
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commenter argued that this exclusion
could be exploited by unscrupulous
firms seeking to move products,
originally diverted into the animal food
chain, back to the human food chain.
The commenter suggested that FSIS
reconsider this exclusion.
Response: FSIS has no reason to
believe that establishments are
exploiting its streamlined donation
process, which allows establishments to
donate wholesome products with minor
labeling issues without temporary label
approval and relabeling, provided that
certain information is included on bill
of lading statements. The FSIS Office of
Investigation, Enforcement and Audit
conducts surveillance and investigation
of regulated in-commerce meat, poultry,
and egg products facilities to prevent
situations like the commenter suggested.
Comment: A State government
expressed concern that the guideline
uses language that may conflict with
State meat and poultry inspection (MPI)
and local regulations. The State
government noted that the term ‘‘Not for
Sale’’ conflicts with their State’s use of
the same term, and that this may lead
to confusion. The commenter also noted
that their State does not permit
inspection-exempt poultry processed by
the producer (fewer than 1,000 birds)
and labeled as ‘‘Not for Sale’’ to be sold
at retail or donated to charity, and that
donated product in their State must be
inspected and passed.
Response: FSIS does not believe that
it is necessary to revise the guideline to
avoid potential conflicting terminology
with State MPI regulations. The
terminology used in the guideline has
been used for many years, and potential
conflicts with State MPI regulatory
language have not been found to be a
problem. Also, the table in the guideline
referenced by the commenter explicitly
states that it covers poultry products
slaughtered and/or produced under an
exemption from Federal Inspection. The
guideline also states that donations
must be made in compliance with
applicable State and local laws.
Comment: A State government
questioned whether the retail exemption
still applies when the non-profit
organization is exempted by State law
from being required to hold a retail food
establishment license. The commenter
suggested that the guideline could
mention that States may have specific
licensing requirements or exemptions
applicable to the non-profit
organization.
Response: FSIS did not revise the
guideline in response to the
commenter’s suggestion. The guideline
already states that retailers are subject to
the licensing requirements of State and
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18:47 May 22, 2024
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local (i.e., county, city) authorities while
producing products under the retail
exemption from FSIS inspection.
Comment: An academic institution
and a State government recommended
that FSIS clarify that the donation
recipients mentioned in the guideline
are not exclusive but illustrative. The
academic institution suggested that
producers and donation recipients will
benefit from making this change to the
guideline, because it will be clearer
which donation recipients are eligible
and will increase potential donations.
Response: FSIS has removed the
‘‘Donation Recipients’’ section from the
guideline to alleviate any potential
confusion.
Formatting
Comment: Two State governments
recommended that FSIS add sections to
the guideline highlighting any updates
or changes to previous FSIS policies,
explaining case studies, and defining
key terms.
Response: Consistent with other FSIS
guidelines, this updated guideline
contains a section summarizing changes
from the previous version. FSIS does
not believe that additional examples are
needed in the guideline, so the Agency
did not revise the guideline to include
additional examples. If firms need
further clarification on any information
in the guideline in relation to their
specific situation, FSIS recommends
contacting the Office of Policy and
Program Development through askFSIS,
or by telephone at 1–800–233–3935.
Lastly, all significant terminology in the
guideline is defined throughout the
document. Therefore, FSIS did not
revise the guideline to add a specific
section that defines key words.
Comment: A State government
recommended moving content about
donating State-inspected products and
donating ‘‘expired’’ products to earlier
in the guideline with the other donation
standards.
Response: FSIS agrees and has moved
the ‘‘State-Inspected Products’’ and
‘‘Expired Products’’ sections to under
the ‘‘Products Eligible for Donation’’
section. FSIS believes that these changes
will improve readability. FSIS also
moved the ‘‘Incorrect Standards of
Identity’’ and ‘‘Statement of Limited
Use/Distribution’’ sections to under the
‘‘Products Eligible for Donation’’ to
achieve the same objective.
Comment: An academic institution
commented on the ‘‘Retail Exemption’’
section under the ‘‘Guidance for
Organizations Receiving Donated
Products.’’ The academic institution
argued that the retail exemption for non-
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profit organizations is already addressed
in the ‘‘relabeling’’ section.
Response: FSIS agrees with the
comment and has revised the ‘‘Guidance
for Organizations Receiving Donated
Products’’ section of the guideline to
alleviate confusion and improve
readability.
Donation Flowchart
Comment: A State government and an
academic institution suggested that FSIS
revise the donation flowchart in the
guideline to improve readability and to
indicate that certain State-inspected and
passed products can also be eligible for
donation.
Response: FSIS has updated the
flowchart to improve readability and to
address the donation of meat and
poultry products produced under State
MPI or Cooperative Interstate Shipment
inspection.
Shipping Donated Products
Comment: A State government
suggested that FSIS should consider
expanding the ‘‘Shipping Donated
Products’’ section of the guideline to
include proper storage temperatures and
times. The commenter argued that this
will reduce the risk of products spoiling
during transport.
Response: FSIS added a reference to
FDA’s Sanitary Transportation of
Human and Animal Food Final Rule 2 in
the updated guideline. The rule
addresses the commenter’s concerns
about proper storage temperatures and
times during transport.
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 can 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
2 See: https://www.govinfo.gov/content/pkg/FR2016-04-06/pdf/2016-07330.pdf.
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information. This service is available at:
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DEPARTMENT OF AGRICULTURE
USDA Non-Discrimination Statement
ACTION:
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, the USDA, its
Agencies, offices, and employees, and
institutions participating in or
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prohibited from discriminating based on
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Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
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Language, etc.) should contact the
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Submit your completed form or letter
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USDA is an equal opportunity
provider, employer, and lender.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2024–11310 Filed 5–22–24; 8:45 am]
BILLING CODE 3410–DM–P
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Rural Utilities Service
[Docket #: RUS–24–AGENCY–0015 ]
Notice of Publication of RUS List of
Eligible Countries
Rural Utilities Service, USDA.
Notice.
AGENCY:
The Rural Utilities Service
(RUS), a Rural Development Agency of
the United States Department of
Agriculture is issuing this notice to
revise the list of eligible countries for
purchases made by RUS
Telecommunications and Electric
Program awardees by adding new
countries to the list to reflect the
November 2023 RUS Eligible Countries
published by the Office of the United
States Trade Representative (USTR) as
detailed in the Supplementary
Information Section of this notice.
FOR FURTHER INFORMATION CONTACT:
For Electric Program matters: Donald
Junta, Deputy Assistant Administrator,
Office of Customer Service and
Technical Assistance, RUS, U.S.
Department of Agriculture, STOP 1569,
1400 Independence Ave. SW,
Washington, DC 20250–1569.
Telephone number (202) 720–1900,
Email:
ElectricProgramCustomerService@
rd.usda.gov.
For Telecommunications Program
matters: Aylene Mafnas, Deputy
Assistant Administrator, Policy and
Outreach Division, RUS, U.S.
Department of Agriculture, STOP 1590,
1400 Independence Ave. SW,
Washington, DC 20250–1590.
Telephone number (202) 690–4673,
Email: TelecomPODEB@usda.gov.
SUPPLEMENTARY INFORMATION:
Background: RUS published a notice
in the Federal Register on February 18,
1997, at 62 FR 7205 that the Uruguay
Round Agreements Act, (108 Stat. 4954,
Pub. L. 103–465, December 8, 1994),
amended the ‘‘Buy American’’
provision, (7 U.S.C. 903 note) of the
Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.) (the ‘‘RE
Act’’). Under the amendment, the USTR
is authorized to determine which
countries are eligible to have their
products receive the same treatment as
manufactured and unmanufactured
products produced in the United States.
RUS publishes a new notice in the
Federal Register to reflect any updates
by the USTR. The last notice to update
the list was published June 27, 2014, at
79 FR 36458.
Eligible Countries: Based on the
updates to the list of eligible countries
SUMMARY:
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found at the following USTR Link:
https://ustr.gov/sites/default/files/
assets/procurement/Rural%20
Utilities%20Service_Electric%20
and%20Telecom_11.23%20Final.pdf,
the following are the eligible countries
for the RUS Telecommunications and
Electric Program awardees:
For Telecommunications Program
awardees, eligible countries are:
Armenia, Aruba, Australia, Austria,
Belgium, Bulgaria, Canada, Chinese
Taipei, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg,
Malta, Mexico, Moldova, Montenegro,
Netherlands, New Zealand, Norway,
North Macedonia, Poland, Portugal,
Romania, Singapore, Slovak Republic,
Slovenia, South Korea, Spain, Sweden,
Switzerland, Ukraine, and United
Kingdom.
For Electric Program awardees,
eligible countries are: Armenia, Aruba,
Australia, Austria, Bahrain, Belgium,
Bulgaria, Canada, Chile, Chinese Taipei,
Columbia, Costa Rica, Cyprus, Czech
Republic, Denmark, Dominican
Republic, El Salvador, Estonia, Finland,
France, Germany, Greece, Guatemala,
Honduras, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan,
Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Mexico, Moldova,
Montenegro, Morocco, Netherlands,
New Zealand, Nicaragua, North
Macedonia, Norway, Oman, Panama,
Peru, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia,
South Korea, Spain, Sweden,
Switzerland, Ukraine, and United
Kingdom.
For Electric and Telecommunications
Program awardees: Eligibility of
contracts with certain countries may be
limited by contract amount or other
restrictions. Awardees should reach out
to the appropriate program individual as
shown in the FOR FURTHER INFORMATION
CONTACT section of this notice for
additional information.
The USTR may at any time declare
one or more additional countries to be
‘‘eligible countries’’ for either Electric or
Telecommunications Program awardees.
Each RUS awardee is responsible for
assuring that its procurement complies
with the requirements of the RE Act
‘‘Buy American’’ provision.
Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2024–11339 Filed 5–22–24; 8:45 am]
BILLING CODE 3410–15–P
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]]>Agencies
[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45626-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11310]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2020-0030]
Availability of FSIS Guideline To Assist With the Donation of
Eligible Meat, Poultry and Egg Products to Non-Profit Organizations
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice of availability and response to comments.
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SUMMARY: On December 21, 2020, FSIS published and requested comments on
a guideline addressing the donation of meat and poultry products from
official establishments to non-profit organizations. FSIS is announcing
updates to this guideline and responding to comments received on the
previous version of the guideline.
ADDRESSES: A downloadable version of the guideline is available to view
and print at https://www.fsis.usda.gov/policy/fsis-guidelines.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development by telephone at
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2020, FSIS announced in the Federal Register the
availability of the FSIS Guideline to Assist with the Donation of
Eligible Meat and Poultry Products to Non-Profit Organizations (85 FR
83029). FSIS published the guideline to address food donation questions
from meat and poultry establishments and non-profit organizations. The
guideline explained inspection, labeling, shipping requirements, and
exemptions. FSIS requested comments on the guideline.
After review and consideration of all comments, FSIS has made
changes to and clarified certain aspects of the
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guideline. For example, FSIS revised the donation flowchart in the
guideline to improve readability. The other revisions to the guideline
are summarized below and are discussed in more detail in FSIS'
responses to comments. The revised guideline is available at the FSIS
guidance web page at https://www.fsis.usda.gov/policy/fsis-guidelines.
Although comments on this guideline will no longer be accepted through
www.regulations.gov, FSIS will continue to update this document as
necessary.
Meat and poultry establishments can be a critical component of
reducing food loss and waste. FSIS encourages establishments to donate
meat and poultry products to non-profit organizations, when possible,
to reduce food loss and waste.
Summary of Changes to the Guideline
FSIS updated the ``Preface'' section to specify which
products are covered under the guideline;
FSIS added information on donating egg products to help
establishments and non-profit organizations better understand the
relevant statutes, regulations, and FSIS policies;
FSIS added a section to the guideline that addresses
limited liability protection for donors including information related
to the Bill Emerson Good Samaritan Food Donation Act and the Food
Donation Improvement Act;
FSIS updated the text to reflect the updated and
recommitted formal agreement between USDA, the U.S. Environmental
Protection Agency, and the U.S. Food and Drug Administration (FDA);
FSIS removed the ``Donation Recipients'' section to
eliminate confusion;
FSIS moved the ``State-Inspected Products,'' ``Expired
Products,'' ``Incorrect Standards of Identity,'' and ``Statement of
Limited Use/Distribution'' sections to under the ``Products Eligible
for Donation'' heading to improve readability;
FSIS ensured that all in-text citations are properly
linked;
FSIS revised the ``Guidance for Organizations Receiving
Donated Products'' section of the guideline to alleviate confusion and
improve readability;
FSIS updated the donation flowchart to improve readability
and include references to State inspected products;
FSIS added a reference to FDA's final rule ``Sanitary
Transportation of Human and Animal Food as an additional resource to
assist stakeholders in keeping products safe during transport;'' \1\
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\1\ See: https://www.govinfo.gov/content/pkg/FR-2016-04-06/pdf/2016-07330.pdf.
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FSIS modified the ``Misbranded and Economically
Adulterated Products'' section of the guideline to clarify labeling
requirements for products with ingredients of public health concern;
and
FSIS revised the ``Misbranded and Economically Adulterated
Products'' section of the guideline to remove language that could have
been misinterpreted as FSIS creating new policy.
Comments and Responses
FSIS received five comments on the guideline from two meat
producers, two State governments, and an academic institution. The
following is a summary of the comments and FSIS' responses.
General
Comment: A State government recommended that FSIS add language to
the guideline on proper cooking temperatures for raw meat and poultry
products and cooking instructions for pre-packaged food. The commenter
suggested that adding this information to the guideline would benefit
donation recipients and reduce the risk of wasted resources.
Response: FSIS did not add information about proper cooking
temperatures to the food donation guideline because they are not
relevant to the guideline. Information on proper cooking temperatures
can be found in other guidance documents, such as the Safe Minimum
Cooking Temperatures charts found at https://www.foodsafety.gov/food-safety-charts/safe-minimum-cooking-temperature.
Comment: A meat producer, an academic institution, and a State
government stated that FSIS should allow products produced under the
custom exemptions to be donated. The academic institution stated that
there are instances when products produced at custom processing or
slaughter facilities are eligible for donation at the State and local
level. The academic institution suggested that revising the exemptions
table in the guideline would help avoid confusion and potential
jurisdictional concerns and would promote donation practices that are
currently allowed and encouraged under many State and local laws. The
State government further noted that there is meat and poultry waste
generated at custom processing establishments, and that there is an
opportunity to allow for donation. A separate meat producer noted that
there are other instances when uninspected meat is permissible for
donation (i.e., hunter-harvested venison).
Response: Custom slaughtered and processed meat and poultry
products that are prepared from amenable species under the Federal Meat
Inspection Act (FMIA) or Poultry Products Inspection Act (PPIA) are
prohibited from being donated (21 U.S.C. 623(a) and 21 U.S.C.
464(c)(1)(B)). Custom products are for the exclusive use of the owner
of the livestock or poultry, members of the owner's household,
nonpaying guests, or household employees. Additionally, specific
exemptions under the Egg Products Inspection Act (EPIA) can be found in
21 U.S.C. 1044.
Meat products amenable to the FMIA include those derived from
carcasses and parts of cattle, sheep, swine, goat, and fish of the
order Siluriformes. Poultry products amenable to the PPIA are derived
from any domesticated bird (chickens, turkeys, ducks, geese, ratites,
or squabs, also termed young pigeons from 1 to about 30 days of age).
Egg products amenable to the EPIA are from the shell eggs of the
domesticated chicken, turkey, duck, goose, or guinea.
Nonamenable products (e.g., deer, elk, and bison) that fall under
the jurisdiction of other regulatory authorities (i.e., FDA, State, or
local governments) may have different policies related to donating
products. FSIS recommends consulting with these regulatory authorities
for further clarification on donating those products. FSIS did not
revise the exemptions table in the guideline to incorporate nonamenable
products. However, FSIS updated the ``Preface'' section of the
guideline to specify which products are covered under the guideline and
FSIS jurisdiction.
Comment: A State government and an academic institution suggested
that FSIS include information in the guideline on the Bill Emerson Good
Samaritan Act (42 U.S.C. 1791) and liability protections for food
donors. The State government stated that liability protection is
potential donors' primary concern.
Response: FSIS agrees and has added a section to the guideline that
addresses limited liability protection for donors. However, it is
important to reiterate that donations of apparently wholesome meat and
poultry products by qualified direct donors must be made in compliance
with FSIS regulations.
Comment: A State government noted that the guideline includes an
exclusion from temporary label approval and relabeling, provided that
certain bill of lading statements are provided. The
[[Page 45628]]
commenter argued that this exclusion could be exploited by unscrupulous
firms seeking to move products, originally diverted into the animal
food chain, back to the human food chain. The commenter suggested that
FSIS reconsider this exclusion.
Response: FSIS has no reason to believe that establishments are
exploiting its streamlined donation process, which allows
establishments to donate wholesome products with minor labeling issues
without temporary label approval and relabeling, provided that certain
information is included on bill of lading statements. The FSIS Office
of Investigation, Enforcement and Audit conducts surveillance and
investigation of regulated in-commerce meat, poultry, and egg products
facilities to prevent situations like the commenter suggested.
Comment: A State government expressed concern that the guideline
uses language that may conflict with State meat and poultry inspection
(MPI) and local regulations. The State government noted that the term
``Not for Sale'' conflicts with their State's use of the same term, and
that this may lead to confusion. The commenter also noted that their
State does not permit inspection-exempt poultry processed by the
producer (fewer than 1,000 birds) and labeled as ``Not for Sale'' to be
sold at retail or donated to charity, and that donated product in their
State must be inspected and passed.
Response: FSIS does not believe that it is necessary to revise the
guideline to avoid potential conflicting terminology with State MPI
regulations. The terminology used in the guideline has been used for
many years, and potential conflicts with State MPI regulatory language
have not been found to be a problem. Also, the table in the guideline
referenced by the commenter explicitly states that it covers poultry
products slaughtered and/or produced under an exemption from Federal
Inspection. The guideline also states that donations must be made in
compliance with applicable State and local laws.
Comment: A State government questioned whether the retail exemption
still applies when the non-profit organization is exempted by State law
from being required to hold a retail food establishment license. The
commenter suggested that the guideline could mention that States may
have specific licensing requirements or exemptions applicable to the
non-profit organization.
Response: FSIS did not revise the guideline in response to the
commenter's suggestion. The guideline already states that retailers are
subject to the licensing requirements of State and local (i.e., county,
city) authorities while producing products under the retail exemption
from FSIS inspection.
Comment: An academic institution and a State government recommended
that FSIS clarify that the donation recipients mentioned in the
guideline are not exclusive but illustrative. The academic institution
suggested that producers and donation recipients will benefit from
making this change to the guideline, because it will be clearer which
donation recipients are eligible and will increase potential donations.
Response: FSIS has removed the ``Donation Recipients'' section from
the guideline to alleviate any potential confusion.
Formatting
Comment: Two State governments recommended that FSIS add sections
to the guideline highlighting any updates or changes to previous FSIS
policies, explaining case studies, and defining key terms.
Response: Consistent with other FSIS guidelines, this updated
guideline contains a section summarizing changes from the previous
version. FSIS does not believe that additional examples are needed in
the guideline, so the Agency did not revise the guideline to include
additional examples. If firms need further clarification on any
information in the guideline in relation to their specific situation,
FSIS recommends contacting the Office of Policy and Program Development
through askFSIS, or by telephone at 1-800-233-3935. Lastly, all
significant terminology in the guideline is defined throughout the
document. Therefore, FSIS did not revise the guideline to add a
specific section that defines key words.
Comment: A State government recommended moving content about
donating State-inspected products and donating ``expired'' products to
earlier in the guideline with the other donation standards.
Response: FSIS agrees and has moved the ``State-Inspected
Products'' and ``Expired Products'' sections to under the ``Products
Eligible for Donation'' section. FSIS believes that these changes will
improve readability. FSIS also moved the ``Incorrect Standards of
Identity'' and ``Statement of Limited Use/Distribution'' sections to
under the ``Products Eligible for Donation'' to achieve the same
objective.
Comment: An academic institution commented on the ``Retail
Exemption'' section under the ``Guidance for Organizations Receiving
Donated Products.'' The academic institution argued that the retail
exemption for non-profit organizations is already addressed in the
``relabeling'' section.
Response: FSIS agrees with the comment and has revised the
``Guidance for Organizations Receiving Donated Products'' section of
the guideline to alleviate confusion and improve readability.
Donation Flowchart
Comment: A State government and an academic institution suggested
that FSIS revise the donation flowchart in the guideline to improve
readability and to indicate that certain State-inspected and passed
products can also be eligible for donation.
Response: FSIS has updated the flowchart to improve readability and
to address the donation of meat and poultry products produced under
State MPI or Cooperative Interstate Shipment inspection.
Shipping Donated Products
Comment: A State government suggested that FSIS should consider
expanding the ``Shipping Donated Products'' section of the guideline to
include proper storage temperatures and times. The commenter argued
that this will reduce the risk of products spoiling during transport.
Response: FSIS added a reference to FDA's Sanitary Transportation
of Human and Animal Food Final Rule \2\ in the updated guideline. The
rule addresses the commenter's concerns about proper storage
temperatures and times during transport.
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\2\ See: https://www.govinfo.gov/content/pkg/FR-2016-04-06/pdf/2016-07330.pdf.
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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
can 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
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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
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Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2024-11310 Filed 5-22-24; 8:45 am]
BILLING CODE 3410-DM-P
