96-2177. Waiver Authority Under the State Processing Program  

  • [Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
    [Rules and Regulations]
    [Pages 5271-5275]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-2177]
    
    
    
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    Federal Register / Vol. 61, No. 29 / Monday, February 12, 1996 / 
    Rules and Regulations
    
    [[Page 5271]]
    
    
    DEPARTMENT OF AGRICULTURE
    
    Food And Consumer Service
    
    7 CFR PART 250
    
    RIN 0584-AB99
    
    
    Waiver Authority Under the State Processing Program
    
    AGENCY: Food and Consumer Service, USDA.
    
    ACTION: Final rule and waiver.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This final rule amends the Food Distribution Program 
    regulations by giving the Food and Consumer Service authority to waive 
    provisions contained in the Food Distribution Program regulations for 
    the purpose of conducting demonstration projects to test program 
    changes designed to improve the State processing of donated foods. FCS 
    is, at this time, invoking its authority under Sec. 250.30(t) to waive 
    certain provisions of Sec. 250.30(f)(1)(i) in order to conduct a 
    demonstration project.
    
    EFFECTIVE DATE: This final rule is effective February 12, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Ursula Key, Schools/Institutions 
    Branch, Food Distribution Division, Food and Consumer Service, U.S. 
    Department of Agriculture, 3101 Park Center Drive, Room 501, 
    Alexandria, Virginia 22302; or telephone (703) 305-2644.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        This final rule has been determined to be significant and was 
    reviewed by the Office of Management and Budget under Executive Order 
    12866.
    
    Paperwork Reduction Act
    
        This final rule reflects no new information collection requirements 
    under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3502). The 
    OMB control number assigned to the existing recordkeeping and reporting 
    requirements was approved by OMB for Part 250 under control number 
    0584-0007. The current burden hours will not change as a result of this 
    final rule.
    
    Executive Order 12372
    
        This program is listed in the Catalog of Federal Domestic 
    Assistance under 10.550 and is subject to the provisions of Executive 
    Order 12372 which requires intergovernmental consultation with State 
    and local officials (7 CFR Part 3015, Subpart V and final rule-related 
    notices published at 48 FR 29114, June 24, 1983 and 49 FR 22676, May 
    31, 1984).
    
    Executive Order 12778
    
        This final rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. This final rule is intended to have preemptive 
    effect with respect to any State or local laws, regulations or policies 
    which conflict with its provisions or which would otherwise impede its 
    full implementation. This final rule is not intended to have 
    retroactive effect unless so specified in the ``Effective Date'' 
    section of this preamble. Prior to any judicial challenge to the 
    provisions of this rule or the application of its provisions, all 
    applicable administrative procedures must be exhausted. This includes 
    any administrative procedures provided by State or local governments. 
    For disputes involving procurement by distributing and recipient 
    agencies, this includes any administrative appeal procedures to the 
    extent required by 7 CFR Parts 3015 or 3016.
    
    Regulatory Flexibility Act
    
        This final rule has been reviewed with regard to the requirements 
    of the Regulatory Flexibility Act (5 U.S.C. 601-612). The Administrator 
    of the Food and Consumer Service (FCS) has certified that this final 
    rule will not have a significant economic impact on a substantial 
    number of small entities. The cost of compliance to State processors of 
    donated foods is expected to be reduced by the changes proposed in this 
    rule.
    
    Background
    
        Section 250.30 of the current Food Distribution Program regulations 
    sets forth the terms and conditions under which distributing agencies, 
    subdistributing agencies, and recipient agencies may enter into 
    contracts with commercial firms for processing donated foods and 
    prescribes the minimum requirements to be included in such contracts.
        On April 13, 1995, the Department published a proposed rule in the 
    Federal Register at 60 FR 18781 which would permit FCS to waive any of 
    the requirements of the Food Distribution Program regulations at Part 
    250 for the purpose of conducting demonstration projects to test 
    program changes designed to improve the State processing of donated 
    foods. The proposed rule provided a 30-day comment period. This final 
    rule incorporates the proposed waiver provision in the State processing 
    regulations at 7 CFR 250.30(t).
    
    Analysis of Comments
    
        The Department received a total of 9 comment letters from two 
    distributing agencies, a local school food authority, and six 
    commercial food processors. All commenters were in favor of the 
    proposed rule.
        Four commenters responded favorably to the rule as it was proposed. 
    They stated that by allowing FCS to waive certain provisions, more 
    processors would be attracted to the program, and the cost of processed 
    end products should be reduced. They further stated that some of the 
    provisions contained in the State processing regulations are overly 
    restrictive and have resulted in processors dropping out of the State 
    processing program. These commenters believed that over-regulation 
    results in increased costs which are passed on to recipient agencies. 
    They supported FCS's proposal to allow pilot projects which could 
    provide guideposts for simplification of the regulations. One commenter 
    believed that demonstration projects will fully support modifications 
    to the current program to generate more competition and improved 
    efficiency.
        Five commenters who also supported the proposed rule cited specific 
    provisions they would like to see waived as soon as possible. Three 
    commenters supported the removal of the Agricultural Marketing Service 
    acceptance service grading requirement for processing meat and poultry, 
    complaining of excessive costs for obtaining the services of AMS 
    graders. However, one commenter favored 
    
    [[Page 5272]]
    retaining the requirement. Four commenters supported removing the 
    requirement for processors to submit annual certified public accountant 
    audit reports, also due to the costs involved. The commenters claimed 
    that the requirement has forced some processors out of the program. 
    They stated that those companies complying with the audit provision are 
    passing on audit costs in prices of end products to schools. FCS 
    appreciates these comments and will take them into consideration when 
    determining which requirements will be waived during the demonstration 
    projects.
    
    Waiver of Requirements
    
        FCS is invoking its authority under 7 CFR 250.30(t) to waive the 
    current prohibition in 7 CFR 250.30(f)(1)(i) of the substitution of 
    poultry. In a notice published elsewhere in this issue, FCS is 
    announcing a demonstration project under which it will permit selected 
    poultry processors to substitute commercial chicken for donated chicken 
    in the State processing of donated chicken.
    
    Summary
    
        Based on the comments received, this final rule adopts 
    Sec. 250.30(t) of the proposed rule without change.
    
    List of Subjects in 7 CFR Part 250
    
        Agricultural commodities, Food assistance programs, Food 
    processing.
        For reasons set forth in the preamble, 7 CFR Part 250 is amended as 
    follows:
    
    PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS 
    TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION
    
        1. The authority citation for Part 250 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b, 
    1431e, 1431 note, 1446a-1, 1859; 15 U.S.C. 713c; 22 U.S.C. 1922; 42 
    U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 5179, 5180.
    
        2. In Section 250.30, a new paragraph (t) is added to read as 
    follows:
    
    
    Sec. 250.30  State processing of donated foods.
    
    * * * * *
        (t) Waiver authority. The Food and Consumer Service may waive any 
    of the requirements contained in this part for the purpose of 
    conducting demonstration projects to test program changes designed to 
    improve the State processing of donated foods.
    
        Dated: January 18, 1996.
    Ellen Haas,
    Under Secretary for Food, Nutrition, and Consumer Services.
    
    Appendix to Preamble of Final Rule--Regulatory Impact Analysis
    
    Date: June 1995
    Agency: USDA, FCS
    Contact: Ursula Key
    Phone: (703) 305-2644
    
        1. Title: Food Distribution Program--Waiver Authority Under the 
    State Processing Program.
        2. Action:
        a. Nature: Final Rule.
        b. Need and Purpose: This action is discretionary and is taken 
    to support the goal of regulatory relief, increased State 
    flexibility, increased program efficiency, and paperwork reduction. 
    This authority will be used to conduct demonstration projects to 
    test program alternatives to determine whether changes or greater 
    flexibility will improve the efficiency of the State processing 
    program. Of particular interest are changes that would increase 
    competition among processors, which should result in lower costs to 
    recipient agencies.
        This action amends the Food Distribution Program regulations by 
    giving the Food and Consumer Service authority to waive provisions 
    pertaining to State processing of donated commodities in the Food 
    Distribution Program regulations at 7 CFR Part 250.30 only for the 
    purpose of allowing demonstration projects. Current State processing 
    regulations may be overly restrictive, thus increasing processor 
    costs and discouraging the participation of processors.
        3. Background: Section 250.30 of the current Food Distribution 
    Program regulations sets forth the terms and conditions under which 
    distributing agencies, subdistributing agencies, and recipient 
    agencies may enter into contracts with commercial firms for 
    processing donated foods and prescribes the minimum requirements to 
    be included in such contracts. This activity is typically referred 
    to as State processing.
        State processing is an activity principally of the Child 
    Nutrition Programs by which State or substate agencies arrange to 
    have USDA donated commodities further processed into end products 
    more readily usable by schools. For example, fresh bulk pack chicken 
    might be processed into chicken nuggets, coarse ground beef into 
    hamburger patties, whole turkeys into fully cooked breast meat and 
    turkey ham, etc. About a third to half of all USDA donated meat and 
    poultry is further processed under State processing contracts. For 
    State processing, USDA either sends the commodities directly to a 
    processor contracted by the State, or sends them to a State 
    distributing agency, which in turn arranges to have the product 
    backhauled to a processor. In either case, under State processing, 
    State or recipient agencies pay the cost of any additional 
    processing directly to the processor.
        The total value of USDA commodities donated to the Child 
    Nutrition Programs was $667 million in FY 1994. A little under half 
    of this, of which a third, or $100 million worth, was further 
    processed under State processing arrangements. This figure has been 
    constant for the last several years. While the degree of State 
    processing varies by the specific type of product donated by USDA, 
    typically about two thirds of beef is processed under State 
    contracts, while less than a third of the pork, chicken and turkey 
    are processed. Under current FCS regulations, processors may 
    substitute like kind commercial commodities for USDA commodities for 
    their convenience in manufacturing, except the rules specifically 
    prohibit the substitution of meat and poultry.
        On April 13, 1995, the Department published a proposed rule in 
    the Federal Register at 60 FR 18781 which would permit FCS to waive 
    provisions relative to the State processing of donated commodities 
    that are contained in the Food Distribution Program regulations at 
    Part 250 for the purpose of conducting demonstration projects to 
    test program changes designed to improve the State processing of 
    donated foods. The proposed rule provided a 30-day comment period. 
    This final rule incorporates the proposed waiver provision in the 
    State processing regulations at 7 CFR 250.30(t).
        The Department received a total of 9 comment letters, all of 
    which were in favor of the proposed rule.
        Commenters stated that by allowing FCS to waive certain 
    provisions of the State processing regulations, more processors 
    would be attracted to the program, and the cost of processed end 
    products should be reduced. They further stated that some of the 
    provisions contained in the State processing regulations are overly 
    restrictive and have resulted in processors dropping out of the 
    State processing program. These commenters believed that over-
    regulation results in increased costs which are passed on to 
    recipient agencies. They supported FCS's proposal to conduct 
    demonstration projects which could provide guideposts for 
    simplification of the regulations. One commenter believed that 
    demonstration projects will fully support modifications to the 
    current program requirements to generate more competition and 
    improve efficiency.
        One of the first demonstrations being considered is the 
    substitution of commercially acquired chicken for USDA donated 
    chicken. Currently, only four poultry processors are participating 
    in the State processing of donated foods. Processors have stated 
    that the current policy which prohibits the substitution of 
    commercially acquired chicken for donated chicken reduces the 
    quantity of donated chicken they are able to accept and process 
    during a given period. The prohibition against the substitution came 
    about as a result of program abuses by processors in the past (e.g., 
    substituting lesser grade commercial chicken for donated chicken, 
    substituting mechanically boned chicken meat for high quality breast 
    meat, etc). In FY 1994, USDA donated approximately $68 million worth 
    of chicken to the Child Nutrition Program, about a third of which 
    underwent State processing. Chicken purchased by USDA for further 
    processing is typically bulk chill packed. In 
    
    [[Page 5273]]
    FY 1994, USDA donated 9.5 million pounds valued at $5.3 million. 
    Processors must schedule production around deliveries of the donated 
    chicken since it is a very highly perishable product. Some of the 
    processors must schedule production around deliveries of donated 
    chicken for up to 30 individual States. Vendors do not always 
    deliver donated chicken to the processors as scheduled, causing 
    delays in production of end products. These delays may be eliminated 
    if the processors can substitute commercial chicken for donated 
    chicken. Any substituted commercial chicken must be at least as high 
    in quality as USDA chicken in terms of grade, condition, and other 
    attributes.
        The demonstration project will enable FCS to evaluate whether to 
    amend program regulations to provide for the substitution of donated 
    chicken with commercial chicken in the State processing program. 
    Particular attention will be paid to whether such an amendment of 
    the regulations would be likely to increase the number of processors 
    participating, and whether it would probably increase the quantity 
    of donated chicken that each processor accepts for processing. Also, 
    FCS will attempt to determine whether the expected increase in 
    competition and the expected increase in the quantity of donated 
    chicken accepted for processing in fact enable processors to 
    function more efficiently, producing a greater variety of processed 
    chicken end products in a more timely manner at lower costs. 
    Further, FCS must determine whether USDA and the States have the 
    practical capability to ensure that substitutions are, in fact, for 
    comparable or better quality product.
        4. Justification of Alternative: This final rule would authorize 
    the Department to conduct demonstration projects to study the effect 
    of waiving certain expensive and burdensome requirements in the 
    State processing program. For example, Agricultural Marketing 
    Service (AMS) acceptance service grading certificates may be used in 
    lieu of company generated production and quality control records. 
    Through these demonstration projects, the Department hopes to 
    determine if the cost of compliance for food manufacturers, as well 
    as the record-keeping burden associated with the administration of 
    the program, can be reduced. The Department's goal is to attract 
    more manufacturers to participate in the State processing program. 
    We are aware of three major poultry processors who sell commodity 
    product to USDA but do not participate in the State processing 
    program. We are not able to determine at this time exactly how many 
    additional processors will decide to participate in the State 
    processing program but AMS is optimistic that more processors will 
    be interested in participating. This increased competition should 
    ultimately lead to lower prices to recipient agencies. By conducting 
    the demonstration projects, the Department can determine if relaxing 
    certain requirements will adversely affect program accountability. 
    It is important to note that all remaining controls and requirements 
    of the State processing regulations and the State processing 
    contracts will remain in effect. We are only considering reductions 
    or waivers which are feasible because other program controls can 
    perform the function of the changed or waived requirements. If the 
    results of the demonstration projects indicate that certain 
    requirements can be modified or waived without compromising program 
    integrity, the Department can consider amending certain current 
    State processing program requirements. The Department expects this 
    rule will support efforts to streamline the administration of the 
    State processing program and improve customer service to recipient 
    agencies (primarily schools).
        Two other alternatives were considered: (1) doing nothing and 
    (2) eliminating the audit and substitution regulations entirely. The 
    option of selected waivers for demonstration projects was the 
    preferred alternative.
        5. Effects:
        a. Effects on food manufacturers: Through conducting 
    demonstration projects, FCS can determine if it is possible to 
    eliminate or reduce reporting and recordkeeping requirements for 
    processors. Some of the more burdensome requirements include 
    inventory records, production records, quality control records, 
    sales records, monthly performance reports, grading and inspection 
    requirements, performance, supply, and surety bonding requirements, 
    and the certified public accountant audit requirement. For example, 
    processors which receive donated food valued at $250,000 or more 
    each year are required to submit an annual independent certified 
    public accountant audit report. This requirement may be relaxed to 
    require an audit every two or three years for those processors with 
    a history of good performance. The Department is interested in 
    determining whether any of the above requirements can be eliminated 
    or reduced while still maintaining program accountability for the 
    donated food. Also, the Department intends to determine how much 
    costs can be reduced for processors as a result of participation in 
    the demonstration projects. Since program controls may not be as 
    strong as under current rules, FCS would seek to determine the 
    extent to which the benefits of burden reduction are worth potential 
    costs due to less control.
        b. Effects on State distributing agencies: Through the 
    demonstrations projects, the Department will determine if it is 
    possible to streamline the administration of the processing program 
    at the State level. Currently, States must enter into agreements or 
    renew them annually. Additionally, States must review end product 
    data schedules, performance, supply, and surety bonds, performance 
    reports and grading certificates on a monthly basis, and certified 
    public accountant audit reports as submitted. During the 
    demonstration projects, the Department hopes to review the current 
    responsibilities of the State agencies and determine areas where 
    there is duplication of effort and where reductions in reporting may 
    be possible.
        c. Effects on Recipient agencies: Currently the processors' 
    costs of all the record-keeping and reporting requirements (e.g., 
    acceptance service grading, performance, supply, and surety bond, 
    and certified public accountant audit reports) are being passed on 
    to the recipient agencies via higher prices for end products. Also, 
    fewer processors are participating in the program, claiming that 
    certain requirements are too burdensome and expensive. FCS has been 
    informed that the typical cost of an independent certified public 
    accountant audit report can run from $10,000 to $25,000 depending on 
    the volume of food processed by a manufacturer. If we could require 
    the audits less frequently for processors with a history of good 
    performance, their costs could be significantly reduced. Since 
    processors pass their costs on to recipient agencies, this should 
    enable them to reduce the prices of the products they sell to 
    schools. By conducting demonstration projects to study the 
    possibility of removing or reducing some of the requirements, the 
    Department hopes that more processors will participate in the State 
    processing program, thereby increasing the competitive base. By 
    reducing costs for the processors and increasing competition, it 
    should be possible to reduce prices of end products to the schools. 
    Processing adds about $0.78 to $1.09 per pound to the value of the 
    end product. For example, coarse ground beef costing USDA $1.08 per 
    pound would be worth $1.86 to $2.17 per pound to the State after 
    processing. In other words, processing roughly doubles the value of 
    donated beef.
        As with beef, processing typically adds about $0.78 to $1.09 per 
    pound in value to chicken, roughly the same per pound as beef 
    processing. It is hoped that the flexibilities offered through the 
    demonstrations under this rule could reduce this by perhaps 5 to 10 
    percent. If the demonstrations prove these savings out, and the 
    flexibilities had been available and fully used in 1994, States 
    would have saved about $1 to $2 million of their processing costs 
    (i.e., 25 million pounds times $0.93 per pound processing (the 
    midpoint) equals $23 million minus 5 percent to 10 percent equals 
    $1.2 to $2.3 million). If a comparable savings rate were achieved in 
    all processed meat and poultry in 1994, the States would have saved 
    perhaps $7 to $14 million total. The demonstration projects will 
    allow FCS to quantify potential savings more accurately. See 
    attached tables for more detailed illustration.
        d. Effects on program costs and integrity: As demonstration 
    projects are conducted, the Department hopes to determine if certain 
    administrative costs associated with the State processing program 
    can be reduced. The Department is also concerned that program 
    integrity be maintained. If elimination of audit requirements or 
    allowance of substitution should result in an increase in fraudulent 
    behavior, the potential savings desirable could be completely 
    eliminated.
        e. Effects on small entities: This rule would not have a 
    significant economic impact on a substantial number of small 
    entities. Commercial food processors participating in the 
    demonstration projects will be most affected to the extent that they 
    have the greatest record-keeping and reporting requirements in the 
    State processing program.
    
    [[Page 5274]]
    
    
                                                     Table 1.--Child Nutrition Programs, Commodity Donations                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Dollars in thousands                                   Pounds in thousands                 
                                               -------------------------------------------------------------------------------------------------------------
                                                   1990       1991       1992       1993       1994       1990       1991       1992       1993       1994  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Child nutrition commodities:                                                                                                                            
        Entitlement...........................   $520,845   $533,188   $558,154   $573,281   $574,598    952,311  1,009,384    842,193    887,012    894,648
        Bonus.................................    110,601     84,306    122,162     90,163     92,226    139,820    109,105    315,727    163,940    147,851
                                               -------------------------------------------------------------------------------------------------------------
          Total commodities...................    631,446    617,494    680,316    663,444    666,824  1,092,131  1,118,489  1,157,920  1,050,952  1,042,499
                                               =============================================================================================================
    of which:                                                                                                                                               
        Beef patties, frz.....................     10,484     11,545     12,732     14,335      6,801      7,748      8,426      9,262     10,597      4,986
        Beef patties, frz w/vpp...............     12,350     19,004     25,193     25,067     20,749     11,428     16,909     22,177     22,514     19,068
        Beef patties, extra lean..............  .........  .........      6,810     10,736      8,931  .........  .........      3,830      6,771      5,563
        Beef frozen ground....................    103,661    110,964    115,473    116,522     94,796     80,778     84,581     88,938     92,698     74,104
        Beef roasts, choice...................  .........  .........  .........  .........  .........  .........  .........  .........  .........  .........
        Beef, canned W/J......................        942  .........        906        753         72        612  .........        612        504         47
        Beef, frz grd course process..........      7,014      8,880     11,759     16,035     21,039      5,437      6,930      9,072     12,390     16,422
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, beef......................    134,451    150,393    172,873    183,448    152,388    106,003    116,846    133,891    145,474    120,190
                                               =============================================================================================================
        Chicken, canned boned.................  .........  .........  .........  .........      2,103  .........  .........  .........  .........      1,083
        Chickens, chilled bulk................      6,260      5,844      7,274      5,594      5,343     10,908     11,232     14,611     10,188      9,496
        Chickens, chill leg...................  .........  .........  .........      4,807      5,377  .........  .........  .........      9,108      9,830
        Chickens, drums.......................  .........  .........  .........  .........  .........  .........  .........  .........  .........  .........
        Chickens, frozen, cut up..............     36,732     32,187     33,257     19,869     20,536     55,506     53,946     60,454     31,737     31,753
        Chickens, frozen breaded..............      3,235  .........      4,596     12,544     13,646      2,611  .........      3,988     11,424     12,762
        Chickens, leg qtrs....................  .........  .........  .........  .........      1,133  .........  .........  .........  .........      3,080
        Chickens, nuggets frz soc.............  .........  .........        241      4,183      1,370  .........  .........        468      2,652      2,028
        Chickens, diced frz...................  .........  .........     22,107     12,074     18,066  .........  .........      9,921      5,271      8,133
        Chickens, patties, soc................  .........  .........  .........        121        474  .........  .........  .........         78        702
        Chickens, thighs......................  .........  .........  .........  .........          1  .........  .........  .........  .........  .........
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, chicken...................     46,227     38,031     67,475     59,192     68,048     69,025     65,178     89,442     70,458     78,867
                                               =============================================================================================================
        Pork, canned W/NJ.....................        336      2,045        923        680      1,572        252      1,369        720        540      1,269
        Pork, frz ground......................     17,481     23,833     15,349     20,217     15,794     16,252     20,744     16,947     19,744     15,579
        Pork, frz grd coarse process..........  .........  .........      1,986      3,170      3,733  .........  .........      2,020      3,247      3,841
        Pork, frz patties.....................  .........  .........  .........  .........        291  .........  .........  .........  .........        277
        Pork, ham, frz cooked.................     19,618        114      9,641  .........     25,513     12,915         72      6,652  .........     16,011
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, pork......................     37,435     25,992     27,899     24,067     46,903     29,419     22,185     26,339     23,531     36,977
                                               =============================================================================================================
        Turkey roasts, frozen.................     26,122     26,769     18,637     34,166     27,634     18,747     20,071     13,221     24,874     19,962
        Turkey, commercial pack...............  .........  .........  .........  .........  .........  .........  .........  .........  .........  .........
        Turkey, frozen ground.................      5,957      5,928      5,978     11,012      9,858      9,098      8,189      7,847     18,817     16,926
        Turkey, frozen whole..................     11,700     12,191      7,551      7,612      9,364     17,352     17,754     10,949     12,406     15,043
        Turkey, chilled, bulk.................      3,832      3,613      5,870      8,212      7,287      5,976      5,544      9,821     13,752     11,720
        Turkey, frz ground burgers............  .........  .........        809      3,166      1,648  .........  .........        756      3,348      1,872
        Turkey, sausage chubbs................  .........  .........  .........  .........        371  .........  .........  .........  .........        468
        Turkey, sausage patties...............  .........  .........  .........  .........        606  .........  .........  .........  .........        540
        Turkey, sausage links.................  .........  .........  .........  .........        409  .........  .........  .........  .........        320
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, turkey....................     47,611     48,501     38,845     64,168     57,177     51,173     51,558     42,594     73,197     66,851
                                               =============================================================================================================
          Total, meat and poultry.............    265,724    262,917    307,092    330,875    324,516    255,620    255,767    292,266    312,660    302,885
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
                                                     Table 2.--Child Nutrition Programs, Commodity Donations                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Dollars in thousands                                   Pounds in thousands                 
                                               -------------------------------------------------------------------------------------------------------------
                                                   1990       1991       1992       1993       1994       1990       1991       1992       1993       1994  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Likely to be further processed by States:                                                                                                               
        Beef, frozen ground...................   $103,661   $110,964   $115,473   $116,522    $94,796     80,778     84,581     88,938     92,698     74,104
        Beef, frz grd coarse process..........      7,014      8,880     11,759     16,035     21,039      5,437      6,930      9,072     12,390     16,422
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, beef......................    110,675    119,844    127,232    132,557    115,835     86,215     91,511     98,010    105,088     90,526
                                               =============================================================================================================
    Additional processing costs at $0.93 per                                                                                                                
     pound....................................  .........  .........  .........  .........     84,189  .........  .........  .........  .........     90,526
        Chicken, chilled bulk.................      6,260      5,844      7,274      5,594      5,343     10,908     11,232     14,611     10,188      9,496
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, chicken...................      6,260      5,844      7,274      5,594      5,343     10,908     11,232     14,611     10,188      9,496
                                               =============================================================================================================
    Additional processing costs at $0.93 per                                                                                                                
     pound....................................  .........  .........  .........  .........      8,831  .........  .........  .........  .........      9,496
        Pork, frz ground......................     17,481     23,833     15,349     20,217     15,794     16,252     20,744     16,947     19,744     15,579
        Pork, frz grd course process..........  .........  .........      1,986      3,170      3,733  .........  .........      2,020      3,247      3,841
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, pork......................     17,481     23,833     17,335     23,387     19,527     16,252     20,744     18,967     22,991     19,420
                                               =============================================================================================================
    
    [[Page 5275]]
                                                                                                                                                            
    Additional processing costs at $0.93 per                                                                                                                
     pound....................................  .........  .........  .........  .........     18,061  .........  .........  .........  .........     19,420
        Turkey, frozen ground.................      5,957      5,928      5,978     11,012      9,858      9,098      8,189      7,847     18,817     16,926
        Turkey, chilled bulk..................      3,832      3,613      5,870      8,212      7,287      5,976      5,544      9,821     13,752     11,720
                                               -------------------------------------------------------------------------------------------------------------
          Subtotal, turkey....................      9,789      9,541     11,848     19,224     17,145     15,074     13,733     17,668     32,569     28,646
                                               =============================================================================================================
    Additional processing costs at $0.93 per                                                                                                                
     pound....................................  .........  .........  .........  .........     26,641  .........  .........  .........  .........     28,646
                                               -------------------------------------------------------------------------------------------------------------
          Total, meat and poultry.............    144,205    159,062    163,689    180,762    157,850    128,449    137,220    149,256    170,836    148,088
                                               =============================================================================================================
    Additional processing costs at $0.93 per                                                                                                                
     pound....................................  .........  .........  .........  .........    137,722  .........  .........  .........  .........    148,088
    Potential State processing savings at:                                                                                                                  
        1 percent.............................  .........  .........  .........  .........      1,377  .........  .........  .........  .........  .........
        5 percent.............................  .........  .........  .........  .........      6,886  .........  .........  .........  .........  .........
        10 percent............................  .........  .........  .........  .........     13,772  .........  .........  .........  .........  .........
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
        Approved:
        Dated: June 28, 1995.
    William E. Ludwig,
    Administrator, Food and Consumer Service.
    
        Dated: August 29, 1995.
    Stephen B. Dewhurst,
    Director, Office of Budget and Program Analysis.
    
        Dated: August 4, 1995.
    Keith Collins,
    Acting Chief Economist.
    
        Dated: September 11, 1995.
    Ellen Haas,
    Assistant Secretary for Food, Nutrition and Consumer Services.
    
    [FR Doc. 96-2177 Filed 2-9-96; 8:45 am]
    BILLING CODE 3410-30-U
    
    

Document Information

Effective Date:
2/12/1996
Published:
02/12/1996
Department:
Food and Consumer Service
Entry Type:
Rule
Action:
Final rule and waiver.
Document Number:
96-2177
Dates:
This final rule is effective February 12, 1996.
Pages:
5271-5275 (5 pages)
RINs:
0584-AB99: Waiver Authority Under the State Processing Program
RIN Links:
https://www.federalregister.gov/regulations/0584-AB99/waiver-authority-under-the-state-processing-program
PDF File:
96-2177.pdf
CFR: (2)
7 CFR 250.30(t)
7 CFR 250.30