[Federal Register Volume 63, Number 7 (Monday, January 12, 1998)]
[Proposed Rules]
[Pages 1800-1802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-574]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 310
[Docket No. 97-079P]
RIN 0583-AC40
Pathogen Reduction; Hazard Analysis and Critical Control Point
(HACCP) Systems--Salmonella Performance Standard for Fresh Pork Sausage
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: FSIS is proposing to add a Salmonella performance standard for
fresh pork sausage to the Federal meat inspection regulations. On
November 14, 1997, FSIS published this performance standard in a direct
final rule. The Agency received an adverse
[[Page 1801]]
comment regarding the performance standard. Accordingly, FSIS has
withdrawn the performance standard regulatory amendment (published
elsewhere in this issue of the Federal Register) and is issuing this
proposed rule.
DATES: Comments must be received on or before February 11, 1998.
ADDRESSES: Send an original and two copies of written comments to: FSIS
Docket Clerk, Docket #97-079P, Room 102, Cotton Annex, 300 12th Street,
SW, Food Safety and Inspection Service, U.S. Department of Agriculture,
Washington, DC 20250-3700. Reference materials cited in this docket
will be available for public inspection in the FSIS Docket Room from
8:30 to 4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Stolfa, Assistant Deputy
Administrator, Office of Policy, Program Development and Evaluation;
(202) 205-0699.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 1997, FSIS published the direct final rule
``Pathogen Reduction; Hazard Analysis and Critical Control Point
(HACCP) Systems--Sample Collection--Technical Amendments'' (62 FR
61007). Among other things, that direct final rule established a
Salmonella performance standard for fresh pork sausage (9 CFR
310.25(b)(1)). During the 30-day comment FSIS received an adverse
comment to this regulatory amendment from the law firm of McDermott,
Will, & Emery, representing Jimmy Dean Foods, Inc. and Odom's Tennessee
Pride Sausage, Inc. The comment raised concerns regarding the
methodology used to establish the performance standard and stated that
``it is our clients'' intention to provide additional data and
information within the context of notice and comment rulemaking on this
issue.'' Therefore, FSIS has withdrawn the performance standard
established in 9 CFR 310.25 in a withdrawal notification published
elsewhere in this issue of the Federal Register.
As stated in FSIS's direct final rule, if the Agency received
adverse comments within the scope of the rulemaking, then a proposed
rule would be issue. Accordingly, FSIS is proposing a Salmonella
performance standard for fresh pork sausages. The performance standard
is 30% (percent positive for Salmonella), the number of samples tested
(n) equals 53, and the maximum number of positives to achieve the
standard (c) equals 18. The same methodology was used to develop this
performance standard as for ground beef and ground poultry. To further
explain how the performance standard was developed, FSIS is making
available copies of the paper ``Estimation of Salmonella Prevalence in
25-gram Portions of Fresh Ground Pork'' in the FSIS Docket Room.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant and,
therefore, has not been reviewed by the Office of Management and
Budget.
The Administrator has made an initial determination that this
proposed rule will not have a significant economic impact on a
substantial number of small entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601).
The Pathogen Reduction/HACCP final rule included a Final Regulatory
Impact Assessment (FRIA) (61 FR 38945). This proposed rule does not
change the cost and benefit estimates and impact assessments presented
in the FRIA.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule becomes final: (1) All
state and local laws and regulations that are inconsistent with this
rule will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Requirements
The Pathogen Reduction/HACCP final rule included a paperwork
analysis (61 FR 38862) prepared in accordance with the Paperwork
Reduction Act. FSIS has determined that this proposed rule will not
change any information collection burden hours.
Proposed Rule
List of Subjects in 9 CFR Part 310
Animal diseases, Meat inspection.
For the reason set forth in this preamble, 9 CFR chapter III would
be amended as follows:
PART 310--POST MORTEM INSPECTION
1. The authority citation for part 310 would continue to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
2. Section 310.25 would be amended by revising Table 2 in paragraph
(b)(1) to read as follows:
Sec. 310.25 Contamination with microorganisms; pathogen reduction
performance standards for Salmonella.
* * * * *
(b) * * *
(1) * * *
Table 2.--Salmonella Performance Standards
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Performance Maximum
Standard Number of number of
Class of product (percent samples positives to
positive for tested (n) achieve
Salmonella) a Standard (c)
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Steers/heifers.................................................. 1.0 82 1
Cows/bulls...................................................... 2.7 58 2
Ground beef..................................................... 7.5 53 5
Hogs............................................................ 8.7 55 6
Fresh pork sausages............................................. 30 53 18
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a Performance Standards are FSIS's calculation of the national prevalence of Salmonella on the indicated raw
product based on data developed by FSIS in its nationwide microbiological data collection programs and
surveys. (Copies of Reports on FSIS's Nationwide Microbiological Data Collection Programs and Nationwide
Microbiological Surveys used in determining the prevalence of Salmonella on raw products are available in the
FSIS Docket Room.)
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* * * * *
Done at Washington, DC, on January 5, 1998.
Thomas J. Billy,
Administrator.
[FR Doc. 98-574 Filed 1-9-98; 8:45 am]
BILLING CODE 3410-DM-P
