Food Safety and Inspection Service 2012 – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Advisory Committee Act, the Food Safety and Inspection Service (FSIS) is announcing a meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI). The Committee is being convened to review two topics for FSIS. The first is strengthening Agency verification activities and guidance concerning sanitary dressing and antimicrobial interventions at veal slaughter operations. FSIS test results show that the percent positive for Shiga toxin-producing Escherichia coli (STEC) from trimmings and ground beef produced from veal are higher than trimmings and ground beef produced from other cattle slaughter classes. FSIS is seeking feedback from NACMPI on improvements FSIS can make to its verification activities related to sanitary dressing and interventions at veal slaughter establishments and improvements it can make to its compliance guidance to address veal slaughter operations. FSIS is also seeking feedback from NACMPI on the ideal outreach strategy for communicating with the veal industry. The second topic is a review of criteria for categorizing FSIS regulations as public health regulations. FSIS has revised its criteria for identifying regulations that are most closely related to public health outcomes. FSIS is seeking input from NACMPI on the criteria and feedback on the proposed approach.

The Food Safety and Inspection Service (FSIS) is publishing this notice to inform establishments producing not-ready-to-eat (NRTE) ground or otherwise comminuted chicken and turkey products that they must reassess their Hazard Analysis and Critical Control Points (HACCP) plans for these products to take into account several recent Salmonella outbreaks associated with consumption of comminuted NRTE turkey products. No sooner than 90 days following publication of this notice, Agency inspection program personnel (IPP) will begin verifying that establishments that manufacture comminuted NRTE turkey or chicken product, as a final or intermediary product for further processing as NRTE product, have reassessed their HACCP plans for these products. This notice also describes how FSIS will determine whether the association of NRTE meat or poultry product with an outbreak would make subsequently-produced like product adulterated. In addition, FSIS is expanding its Salmonella Verification Sampling Program for Raw Meat and Poultry product to include all forms of non- breaded, non-battered comminuted NRTE poultry product that are not destined under company control programs for further processing into RTE products in official establishments. Finally, this notice announces that FSIS will apply its Category 1 performance measure based on current performance standards for ground chicken and turkey product to comminuted poultry to mark the level of process control that all establishments producing such products should maintain. No sooner than 90 days after publication of this notice, the Agency will begin sampling to determine the prevalence of Salmonella in comminuted poultry and will use the results from this sampling to develop performance standards for these products. For reasons discussed later, FSIS has not tested NRTE comminuted poultry products, other than ground chicken and ground turkey, for Salmonella. In addition, FSIS is likely to develop Campylobacter standards for these products following validation of an analytic method. FSIS invites comments on this notice.

The Food Safety and Inspection Service (FSIS) is proposing to add the Republic of Korea (Korea) to the list of countries eligible to export poultry products to the United States. Reviews by FSIS of Korea's laws, regulations, and inspection implementation show that its poultry inspection system requirements are equivalent to the Poultry Products Inspection Act (PPIA) and its implementing regulations. Under this proposal, slaughtered poultry or parts or other products thereof processed in certified Korean establishments would be eligible for export to the United States. All such products would be subject to re- inspection at United States ports-of-entry by FSIS inspectors.

The Food Safety and Inspection Service (FSIS) is amending the meat and poultry product regulations pertaining to the schedule of operations. FSIS is amending these regulations to define the 8-hour workday as including time that inspection program personnel need to prepare the inspection station, if necessary, or retrieve and return lot tally sheets; the time necessary for FSIS inspection program personnel to sharpen knives, if necessary; and the time necessary to conduct duties scheduled by FSIS, including administrative activities. The activities are integral and indispensable to inspectors' work and are part of the continuous workday as defined by the Fair Labor Standards Act. Therefore, they are activities that need to be part of the Agency's regulatory definition for the 8-hour workday.

The Food Safety and Inspection Service (FSIS) is announcing the availability of a revised compliance guide for small and very small meat and poultry establishments on the safe production of ready-to-eat (RTE) meat and poultry products with respect to Salmonella and other pathogens. FSIS has posted this compliance guide on its Significant Guidance Documents Web page (https://www.fsis.usda.gov/Significant_ Guidance/index.asp). FSIS encourages small and very small meat and poultry establishments that manufacture these products to avail themselves of this guidance document.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), National Oceanic and Atmospheric Administration (NOAA), and the Food and Drug Administration (FDA), are sponsoring a public meeting on September 6, 2012. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 32nd session of the Codex Committee on Fish and Fishery Products (CCFFP) of the Codex Alimentarius Commission (Codex), which will be held in Bali, Indonesia from October 1-5, 2012. The Under Secretary for Food Safety, the National Oceanic and Atmospheric Administration (NOAA), and the Food and Drug Administration recognize the importance of providing interested parties the opportunity to obtain background information on the 32nd session of the CCFFP and to address items on the agenda.

The U.S. Department of Agriculture intends to reestablish the National Advisory Committee on Meat and Poultry Inspection. The purpose of the Committee is to provide advice to the Secretary of Agriculture concerning State and Federal programs with respect to meat, poultry, and processed egg products inspection, food safety, and other matters that fall with the scope of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA).

The Office of the Under Secretary for Food Safety, Unites States Department of Agriculture (USDA), and the Agricultural Marketing Service (AMS), are sponsoring a public meeting on August 30, 2012. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 17th Session of the Codex Committee on Fresh Fruits and Vegetables (CCFFV) of the Codex Alimentarius Commission (Codex), which will be held in Mexico City, Mexico on September 3-7, 2012. The Under Secretary for Food Safety and AMS recognize the importance of providing interested parties the opportunity to obtain background information on the 17th Session of the CCFFV and to address items on the agenda.

The Food Safety and Inspection Service (FSIS) is confirming that it will implement routine verification testing for six Shiga toxin-producing Escherichia coli (STEC), in addition to E. coli O157:H7, in raw beef manufacturing trimmings beginning June 4, 2012. FSIS is also responding to comments on the final determination published September 20, 2011, in the Federal Register regarding the June 4, 2012, implementation of STEC sampling and related issues.

The U.S. Department of Agriculture (USDA) is soliciting nominations for membership on the National Advisory Committee on Meat and Poultry Inspection (NACMPI). The full Committee consists of not more than 20 members, and each person selected is expected to serve a 2-year term.

The Food Safety and Inspection Service (FSIS) is implementing provisions of the Food, Conservation, and Energy Act of 2008 by amending the Federal meat and poultry products inspection regulations to require official establishments to promptly notify the appropriate District Office that an adulterated or misbranded meat or poultry product has entered commerce; require official establishments to prepare and maintain written procedures for the recall of all meat and poultry products produced and shipped by the establishment; and require official establishments to document each reassessment of the establishment's Hazard Analysis and Critical Control Point (HACCP) plans.

The Food Safety and Inspection Service (FSIS) is proposing to remove sodium benzoate, sodium propionate, and benzoic acid from the list of substances that the regulations prohibit for use in meat or poultry products. Under this proposal, new uses of these substances in meat or poultry products would continue to be approved by the Food and Drug Administration (FDA) for safety and by FSIS for suitability. FSIS would add approved uses of these substances to the list of approved substances contained in the Agency's directive system.

The Food Safety and Inspection Service (FSIS) is announcing the availability of a compliance guide for the prevention of violative residues in livestock slaughter establishments. FSIS has posted this compliance guide on its Web page and it may be used immediately. FSIS also welcomes comments on this compliance guide, which will be revised as needed. This notice also discusses changes to the FSIS Residue Repeat Violator List and announces the Agency's intention to subject to increased testing animals from producers who are under an injunction obtained by the Food and Drug Administration because of drug use practices that have led to residue violations.

The Food Safety and Inspection Service (FSIS) is announcing the dollar limitations on the amount of meat and meat food products and poultry and poultry products that a retail store can sell to hotels, restaurants, and similar institutions without disqualifying itself for exemption from Federal inspection requirements. In accordance with FSIS' regulations, for calendar year 2012, the dollar limitation for meat and meat food products is being increased from $61,900 to $67,300 and for poultry products from $50,200 to $51,700. FSIS is changing the dollar limitations from calendar year 2011 based on price changes for these products evidenced by the Consumer Price Index. DATES: Effective Date: This notice is effective April 24, 2012.

On March 19, 2012, the Food Safety and Inspection Service (FSIS) published a proposed rule to amend the meat and poultry products regulations pertaining to the schedule of operations. The Regulatory Identification Number (RIN) was inadvertently omitted. The RIN number for this proposed rule is 0583-AD48. Comments on the March 19 proposed rule must still be received by the agency on or before April 18, 2012, to be assured of consideration.

The Food Safety and Inspection Service (FSIS) is announcing the availability of policy guidance for federally inspected establishments in the selection of commercial and private microbiological testing laboratories. FSIS has posted this policy guidance on its Web page https://www.fsis.usda.gov/Regulations_&_ Policies/Compliance_Guides_Index/index.asp#Micro. FSIS encourages establishments that prepare meat, poultry, or processed egg products to follow the criteria in the guidelines in selecting commercial or private microbiological testing laboratories and in determining their capability to provide accurate and reliable results. Regulated establishments are required to enter into commerce food products that are safe and not adulterated or misbranded. Establishments that select laboratories that do not apply appropriate testing methods or maintain effective Quality Control or Quality Assurance (QC/QA) practices may not receive reliable or useful test results from the laboratory and run the risk of producing food that is unsafe.

This notice is announcing that the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) will hold a meeting of the full Committee by an audio conference call that is open to the public on March 28, 2012. The Committee will discuss: Food Safety Questions from the United States Department of Agriculture (USDA) Agricultural Marketing Service to Support Ground Beef Purchase for the Federal Food and Nutrition Assistance Programs. Specifically NACMCF will address food safety questions to assist the 2012-2013 ground beef purchase for the School Lunch Program on microbiological criteria, pathogen testing methodology, and sampling plans.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA) is sponsoring a public meeting on March 28, 2012. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 27th session of the Codex Committee on General Principles (CCGP) of the Codex Alimentarius Commission (Codex), which will be held in Paris, France, April 2-6, 2012. The Under Secretary for Food Safety recognizes the importance of providing interested parties the opportunity to obtain background information on the 27th session of the CCGP and to address items on the agenda.

The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition (CFSAN), are sponsoring a public meeting on February 28, 2012. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions that will be discussed at the 33rd Session of the Codex Committee on Methods of Analysis and Sampling (CCMAS) of the Codex Alimentarius Commission (Codex), which will be held in Budapest, Hungary, March 5-9, 2012. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 33rd Session of the CCMAS and to address items on the agenda.

The Food Safety and Inspection Service (FSIS) is proposing to amend the meat and poultry inspection regulations to provide for an electronic export application and certification system. The electronic export application and certification system will be a component of the Agency's Public Health Information System (PHIS). The export component of PHIS will be available as an alternative to the paper-based application and certification process. FSIS is proposing to charge users for the use of the proposed system. FSIS is proposing to establish a formula for calculating the fee. FSIS intends to publish notice of the fee, using the formula, in the Federal Register on an annual basis. FSIS is also proposing to provide flexibility in the requirements for official export inspection marks, devices, and certificates. In addition, FSIS is proposing to amend the egg product export regulations that parallel the meat and poultry product export regulations.