[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27274]
[[Page Unknown]]
[Federal Register: November 3, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 92-067-2]
RIN 0579-AA50
Dry-Cured Pork Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending our regulations to allow certain dry-cured
pork products processed in a specified manner to be imported into the
United States from countries where foot-and-mouth disease, rinderpest,
African swine fever, hog cholera, or swine vesicular disease exists. We
are making this change because we have determined that certain dry-
cured pork products, if processed in accordance with the regulatory
requirements, can be imported into the United States without presenting
a significant risk of introducing these specified diseases.
EFFECTIVE DATE: December 5, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. John H. Blackwell, Senior Staff
Microbiologist, Import-Export Products Staff, National Center for
Import-Export, Veterinary Services, APHIS, USDA, room 758, Federal
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (the regulations) regulate, among
other things, the importation into the United States of pork and pork
products in order to prevent the introduction into the United States of
foot-and-mouth disease (FMD), rinderpest, African swine fever (ASF),
hog cholera (HC), and swine vesicular disease (SVD).
On April 15, 1994, we published in the Federal Register (59 FR
17999-18003, Docket No. 92-067-1) a proposal to amend the regulations
by allowing the importation into the United States of certain dry-cured
pork products that have been processed in accordance with procedures
used in Spain to manufacture products known as Serrano hams, Iberian
hams, Iberian pork shoulders, and Iberian pork loins.
Comments on the Proposed Rule
We solicited comments concerning our proposal for a 60-day comment
period ending June 14, 1994. We received four comments by that date.
They were from the Department of Agriculture, Fisheries, and Nutrition
of the Kingdom of Spain, a Spanish meat exporters association, and two
organizations representing U.S. meat industries. We carefully
considered all the comments we received. These comments are discussed
below in detail.
In response to the comments, APHIS is making several changes to the
proposed requirements.
Comment: The proposal would have amended various paragraphs of
Sec. 94.17 by adding the term ``dry-cured'' before ``ham'' or ``hams.''
The term ``dry cured'' was incorrectly added in several places where
the hams referred to would not yet have finished the curing process.
The term ``dry cured'' should not be added before ``ham'' or ``hams''
in Sec. 94.17, paragraphs (a) through (g).
Response: We agree, and are making the suggested change.
Comment: In the current regulations, Sec. 94.17(a) requires that
hams subject to the regulations must come from ``a swine that was never
out of the country in which the ham was processed.'' Because the
proposal did not propose to amend this country of origin requirement,
only hams, pork shoulders, and pork loins that originated in the
country in which they were processed would be eligible to be imported
under the proposed regulations. For example, products processed in
accordance with the regulations in Spain could not be imported if they
were derived from swine from other countries. However, the proposed
processing would render the articles safe to import regardless of the
country in which the swine originated. Paragraph (a) of Sec. 94.17
should be amended to allow hams, pork shoulders, and pork loins derived
from swine from any country to be eligible for importation, if the
products are processed in accordance with the regulations.
Response: We agree that it is not necessary to limit the
regulations to hams, pork shoulders, and pork loins that originate in
the country where they are processed, as long as all the processing
requirements are met. We are amending Sec. 94.17(a) to eliminate the
origin requirement for the articles. However, since processing
facilities may frequently change suppliers, eliminating the origin
requirement could result in the mixing at processing facilities of meat
products originating from countries where SVD exists and meat products
from countries free of SVD. Because of this, we are also amending
proposed paragraphs (o)(2) (ii) and (iii) of Sec. 94.17 to ensure that
Serrano and Iberian hams processed under the regulations are processed
for 560 days, the period necessary to destroy the SVD agent in Serrano
and Iberian hams, if the hams are processed either in a country where
SVD exists, or in a facility that may also process meat from countries
where SVD exists (i.e., any facility other than one authorized by the
veterinary services of the national government to process only meat
from countries free of swine vesicular disease). This additional
processing time only applies to Serrano and Iberian hams, not to
Italian-type hams, Iberian pork shoulders, and Iberian pork loins,
because the processing time already required for these latter products
is sufficient to destroy the SVD agent.
Comment: The proposed requirements for importing hams, pork
shoulders, and pork loins include a step where they are frozen to -40
deg.C and kept frozen at -18 deg.C for at least 30 days (Sec. 94.17,
paragraphs (i)(2)(i), (i)(3)(i), (i)(4)(i), and (i)(5)(i)). In
reviewing the research by the Foreign Animal Diseases Diagnostic
Laboratory on which the proposal was based, it does not appear that
this freezing step is necessary to eliminate disease risk. The freezing
requirements should be removed, and the requirements describing how
frozen hams, pork shoulders, and pork loins should be thawed should be
reworded to make it clear that freezing is optional, not required.
Response: We agree, and are deleting the paragraphs cited above
that contain the freezing requirement and are rephrasing the thawing
requirements to indicate that they only apply if the hams, pork
shoulders, or pork loins are received frozen. The freezing requirement
was inadvertently included in the proposal because certain test hams
were kept frozen at these temperatures, but the research did not
indicate that freezing reduces disease risk for the products.
Comment: The relative humidity proposed for Serrano hams during the
salt curing or pickling phase is 75 to 85 percent (proposed
Sec. 94.17(i)(2)(iii)); the range proposed for Iberian hams is 70 to 80
percent (proposed Sec. 94.17(i)(3)(iii)); for Iberian pork shoulders,
it is 75 to 95 percent (proposed Sec. 94.17(i)(4)(iii)), and for
Iberian pork loins, it is 75 to 85 percent (proposed
Sec. 94.17(i)(5)(iii)). The research\1\ on which the proposal was based
suggests that a range of 75 to 95 percent is appropriate for all four
products.
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\1\Copies of the research may be obtained from the office
identified in the ``For Further Information Contact:'' section of
this final rule.
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Response: We agree. We are changing the processing requirements for
all four products to require a range of 75 to 95 percent relative
humidity during the salt curing or pickling stage. Because of the
renumbering of paragraphs necessary due to our deletion of the freezing
requirement (discussed above), the humidity requirements for the salt
curing or pickling stage now appear in Sec. 94.17(i)(2)(ii),
(i)(3)(ii), (i)(4)(ii), and (i)(5)(ii). The humidity requirements for
stages of processing other than the salt curing or pickling stage have
not been changed from what was proposed.
Comment: In proposed Sec. 94.17(j)(2), the requirement that each
ham or pork shoulder bear a plastic tag stating the date the ham or
pork shoulder entered the processing establishment is unnecessary. The
same paragraph requires that the products bear an ink seal containing
the date that salting began.
Response: We agree, and are deleting the requirement for the
plastic tag. The ink seal records the date (day, month, and year) that
salting begins, and this date is more useful for determining whether
products have been properly cured than the less specific date
requirement proposed for the plastic tag (the month and year that the
ham or pork shoulder entered the processing establishment).
Comment: Proposed Sec. 94.17(j)(3) would require that pork loins
have packaging material that remains intact throughout processing and
bears the identifying number of the processing establishment. This is
not possible, since the packaging material must be removed when the
pork loin is placed in the pickle preparation. The processing
establishment number should instead be recorded on the plastic tag also
required by this paragraph, which can remain on the product throughout
processing.
Response: We agree, and are making the requested change.
Comment: Proposed Sec. 94.17(m) (3), (4), and (5) would require
that Iberian hams, pork shoulders, and pork loins would have to come
from a swine of the Iberico breed of black pigs. The word ``black''
should be deleted, as Iberico breeds include pigs of several skin
colors, all of which are equally suitable for processing under the
regulations. The color of the skin of the Iberico breed does not alter
the way in which viruses present in the meat respond to processing.
Response: We agree, and are making the suggested change.
Comment: No assurance has been given that the proposed requirements
for the controlled curing and long-term drying of these products will
in fact be followed. A failure to follow the proposed procedures could
significantly increase the risk of introducing foot-and-mouth disease,
rinderpest, African swine fever, hog cholera, or swine vesicular
disease into the United States.
Response: We believe that a number of controls exist to ensure that
the regulatory requirements will be followed. The Spanish Ministry of
Agriculture exercises supervision over all animal importation and meat
processing in Spain, and will cooperate in enforcing the requirements.
In addition, the U.S. Department of Agriculture's Animal and Plant
Health Inspection Service and Food Safety and Inspection Service
inspect establishments participating in this program and review their
records. The official ink seals required on these products by the
regulations provide a reliable check for some of the most important
requirements--ensuring that the products come from an approved
establishment and were processed for the required time period.
Comment: These products should not be imported until a procedure is
available to test the products at the time of importation for freedom
from the disease agents of concern.
Response: Such a test is not now available; currently, identifying
the disease agents of concern requires extensive laboratory analysis.
We do not expect early development of a practical test that could be
used at the time of importation. We have instead developed procedures,
based on research, that have proven effective in eliminating the
disease agents, and have implemented regulatory controls to ensure that
the procedures are followed. We do not believe that it is necessary to
prohibit the proposed importations until a test is available.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposed
rule as a final rule, with the changes discussed above.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
The Animal and Plant Health Inspection Service (APHIS) estimates
that, under these regulations, between 5 and 15 metric tons of dry-
cured hams, pork shoulders, and pork loins will be imported into the
United States during the first year that importation is allowed.
Products imported in accordance with the regulations will have an
approximate retail value between $352,500 and $1,057,500. In Spain,
these products sell for approximately $32 per pound. We anticipate the
price per pound in the United States will be higher.
Over the next decade, we estimate annual imports will plateau as
United States markets for the products are developed. These products
are all high-value products, and not likely to be purchased for home
consumption. Instead, we anticipate most of these products will be
purchased for resale by delicatessens, restaurants, and caterers.
Within the next 20 years, APHIS estimates that the retail value of
imported dry-cured pork products described in this document will
average between $33 and $66.1 million (50-100 metric tons) annually.
This can be compared with the dry-cured pork products, all of which are
hams, currently being imported into the United States. In 1990,
approximately 429 metric tons of these hams were imported. These dry-
cured hams retail in the United States for approximately $16 per pound.
Dry-cured pork products exactly like those allowed to be imported
into the United States under the regulations are not produced in the
United States. Certain dry-cured pork products produced in Virginia do
resemble, in appearance, the products the final rule allows to be
imported. However, the Virginia products have a significantly higher
salt concentration and a significantly different taste.
Genuine Virginia dry-cured hams are produced by four producers in
Smithfield, VA. Two of these producers are small entities. Wholesale
production statistics and prices are not available due to propriety
concerns. However, genuine Virginia dry-cured hams retail for
approximately $4 per pound.
Based on these facts, we anticipate that competition between United
States-produced dry-cured pork products and the proposed imported dry-
cured pork products will be insignificant.
In 1990, the United States produced 9,652,933 metric tons of pork
and pork products, valued at about $11.3 billion. Additionally, the
United States imported about 232,253 metric tons of pork. Imports
accounted for about 2 percent of the pork available in the domestic
market during 1990. Figures for 1990 indicate that approximately 429
metric tons of dry-cured pork products were imported under the current
regulations. This compares with 349,119 metric tons of all pork
products imported during 1990, or 0.0012 percent. Potential imports of
dry-cured pork products would therefore account for less than 1 percent
of total annual pork imports.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with it; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB), and there are no new requirements. The assigned OMB
control number is 0579-0015.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 is amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
2. Section 94.17 is amended as follows:
a. The heading is revised to read as set forth below.
b. The introductory text is amended by adding ``dry-cured'' before
``ham'' and by adding ``, pork shoulder, or pork loin'' after ``ham''.
c. Paragraph (a) is revised to read as set forth below.
d. Paragraphs (b), (c), (d), (e), (f), (g), (k), (l), and (n) are
amended by adding ``, pork shoulder, or pork loin'' after ``ham'' each
time it appears.
e. Paragraphs (f) and (g) are amended by adding ``, pork shoulders,
or pork loins'' after ``hams'' each time it appears.
f. Paragraphs (k), (l), and (n) are amended by adding ``dry-cured''
before ``ham'' each time it appears.
g. Paragraph (h) is revised to read as set forth below.
h. Paragraph (i) is redesignated as paragraph (i)(1); redesignated
paragraph (i)(1) is amended by adding, at the beginning of the
paragraph, before the word ``The'', the heading ``Italian-type hams.'',
and at the end of the paragraph, by removing the clause ``; and during
all of the procedures described above the ham had no contact with any
meat or animal product other than pork fat that was treated to at least
76 deg.C. (168.8 deg.F.) that may have been placed over the ham
during curing;'' and adding a period after the word ``reached''.
i. A new paragraph (i) introductory text and paragraphs (i)(2),
(i)(3), (i)(4), and (i)(5) are added to read as set forth below.
j. Paragraph (j) is redesignated as paragraph (j)(1), and
redesignated paragraph (j)(1) is amended by adding, at the beginning of
the paragraph after the words ``The ham'', the phrase ``, if it is
Italian-type ham processed in accordance with paragraph (i)(1) of this
section,''.
k. New paragraphs (j)(2) and (j)(3) are added to read as set forth
below.
l. Paragraph (m) is redesignated as paragraph (m)(1), and
redesignated paragraph (m)(1) is amended by adding, at the beginning of
the paragraph, after the words ``The ham'', the phrase ``, if it is an
Italian-type ham processed in accordance with paragraph (i)(1) of this
section,''.
m. A new paragraph (m) introductory text and paragraphs (m)(2),
(m)(3), (m)(4), and (m)(5) are added to read as set forth below.
n. Paragraph (o) is revised to read as set forth below.
Sec. 94.17 Dry-cured pork products from countries where foot-and-mouth
disease, rinderpest, African swine fever, hog cholera, or swine
vesicular disease exists.
* * * * *
(a) Except for Italian-type hams, Serrano hams, Iberian hams,
Iberian pork shoulders, and Iberian pork loins that have been processed
in accordance with paragraph (i) of this subpart, the dry-cured ham,
pork shoulder, or pork loin came from a swine that was never out of the
country in which the dry-cured ham, pork shoulder, or pork loin was
processed;
* * * * *
(h) Workers who handle fresh pork in the processing establishment
where the dry-cured ham, pork shoulder, or pork loin was processed are
required to shower and put on a full set of clean clothes, or to wait
24 hours after handling fresh pork, before handling hams, pork
shoulders, or pork loins that have progressed in the aging/curing
process as follows:
(1) In the case of Italian-type hams processed in accordance with
paragraph (i)(1) of this section, those that have progressed beyond the
final wash stage;
(2) In the case of Serrano hams or Iberian hams or pork shoulders
processed in accordance with paragraphs (i)(2), (i)(3), or (i)(4) of
this section, those that have progressed beyond salting; and
(3) In the case of Iberian pork loins processed in accordance with
paragraph (i)(5) of this section, those that have progressed beyond
being placed in a casing.
(i) The dry-cured ham, pork shoulder, or pork loin was processed in
accordance with this paragraph. Except for pork fat treated to at least
76 deg.C (168.8 deg.F), which may have been placed over the meat
during curing, the dry-cured pork product must have had no contact with
any other meat or animal product during processing.
(1) * * *
(2) Serrano hams. Serrano hams were processed as follows (190-day
minimum curing process):
(i) If the ham is received frozen, it was thawed in a chamber with
relative humidity between 70 and 80 percent, with room temperature
maintained at
12 deg.C to 13 deg.C (53.6 deg.F to 55.4 deg.F) for the first 24
hours, then at 13 deg.C to 14 deg.C (55.4 deg.F to 57.2 deg.F)
until the internal temperature of the ham reached 3 deg.C to 4 deg.C
(37.4 deg.F to 39.2 deg.F), at which point the blood vessels at the
end of the femur were massaged to remove any remaining blood.
(ii) The ham was covered in salt and placed in a chamber maintained
at a temperature from 0 deg.C to 4 deg.C (32 deg.F to 39.2 deg.F),
with relative humidity between 75 and 95 percent, for a period no less
than 0.65 days per kg and no more than 2 days per kg of the weight of
the ham.
(iii) The ham was rinsed with water and/or brushed to remove any
remaining surface salt.
(iv) The ham was placed in a chamber maintained at a temperature of
0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F), with a relative
humidity of 70 to 95 percent, for no less than 40 and no more than 60
days;
(v) The ham was placed for curing in a chamber with a relative
humidity of 60 to 80 percent and a temperature gradually raised in 3
phases, as follows:
(A) A temperature of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8
deg.F), maintained for a minimum of 45 days;
(B) A temperature of 16 deg.C to 24 deg.C (60.8 deg.F to 75.2
deg.F), maintained for a minimum of 35 days;
(C) A temperature of 24 deg.C to 34 deg.C (75.2 deg.F to 93.2
deg.F), maintained for a minimum of 30 days;
(vi) Finally, with the relative humidity unchanged at 60 to 80
percent, the temperature was lowered to 12 deg.C to 20 deg.C (53.6
deg.F to 68 deg.F) and maintained at that level for a minimum of 35
days, until at least 190 days after the start of the curing process;
Except that: In a country where swine vesicular disease exists, the ham
must be maintained at that level an additional 370 days, until at least
560 days after the start of the curing process.
(3) Iberian hams. Iberian hams were processed as follows (365-day
minimum curing process):
(i) If the ham is received frozen, it was thawed in a chamber with
relative humidity between 70 and 80 percent, with room temperature
maintained at 5.5 deg.C to 6.5 deg.C (41.9 deg.F to 43.7 deg.F) for
the first 24 hours, then at 9.5 deg.C
to 10.5 deg.C (49.1 deg.F to 50.9 deg.F) until the internal
temperature of the ham reached 3 deg.C to 4 deg.C (37.4 deg.F to
39.2 deg.F), at which point the blood vessels at the end of the femur
were massaged to remove any remaining blood.
(ii) The ham was covered in salt and placed in a chamber maintained
at a temperature from 0 deg.C to 4 deg.C (32 deg.F to 39.2 deg.F),
with relative humidity between 75 and 95 percent, and kept in the
chamber for a period no less than 0.65 days per kg and no more than 2
days per kg of the weight of the ham;
(iii) The ham was rinsed with water and/or brushed to remove any
remaining surface salt.
(iv) The ham was placed in a chamber maintained at a temperature of
0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F), with relative humidity
of 70 to 95 percent, for no less than 40 and no more than 60 days.
(v) The ham was placed for curing in a chamber with a temperature
of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8 deg.F) and relative
humidity of 60 to 80 percent for a minimum of 90 days.
(vi) The temperature was raised to 16 deg.C to 26 deg.C (60.8
deg.F to 78.8 deg.F) and the relative humidity reduced to 55 to 85
percent, for a minimum of 90 days.
(vii) Finally, with the relative humidity raised to 60 to 90
percent, the temperature was lowered to 12 deg.C
to 22 deg.C (53.6 deg.F to 71.6 deg.F) and maintained at that level
for a minimum of 115 days, until at least 365 days after the start of
the curing process; Except that: In a country where swine vesicular
disease exists, the ham must be maintained at that level an additional
195 days, until at least 560 days after the start of the curing
process.
(4) Iberian pork shoulders. Iberian pork shoulders were processed
as follows (240-day minimum curing process):
(i) If the pork shoulder is received frozen, it was thawed at a
room temperature of 12 deg.C to 13 deg.C (53.6 deg.F to 55.4
deg.F), with the relative humidity between 75 and 85 percent, for
approximately 24 hours, until the internal temperature reached 3 deg.C
to 4 deg.C (37.4 deg.F to 39.2 deg.F), at which point the blood
vessels in the scapular region were massaged to remove any remaining
blood.
(ii) The pork shoulder was covered in salt and placed in a chamber
maintained at a temperature of 0 deg.C to 4 deg.C (32 deg.F to 39.2
deg.F) with the relative humidity between 75 and 95 percent, for a
period of no less than 0.65 days per kg and no more than 2 days per kg
of the weight of the pork shoulder.
(iii) The pork shoulder was rinsed with water and/or brushed to
remove any remaining surface salt.
(iv) The pork shoulder was placed in a chamber maintained at a
temperature of 0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F) and a
relative humidity of 70 to 95 percent for not less than 40 days and not
more than 60 days.
(v) The pork shoulder was placed for curing in a chamber at a
temperature of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8 deg.F) and a
relative humidity of 60 to 80 percent for a minimum of 90 days.
(vi) The temperature was raised to 16 deg.C to 26 deg.C (60.8
deg.F to 78.8 deg.F) and the relative humidity was changed to 55 to 85
percent, and those levels were maintained for a minimum of 90 days.
(vii) Finally, the temperature was reduced to 12 deg.C to 22
deg.C (53.6 deg.F to 71.6 deg.F) and the relative humidity was raised
to 60 to 90 percent for a minimum of 45 days, until at least 240 days
after the start of the curing process.
(5) Iberian pork loins. Iberian pork loins were processed as
follows (130-day minimum curing process):
(i) If the pork loin is received frozen, it was thawed at a room
temperature maintained at 11 deg.C to 12 deg.C (51.8 deg.F to 53.6
deg.F), with the relative humidity between 70 and 80 per cent for the
first 24 hours, then between 75 and 85 percent, until the loin's
internal temperature reached 3 deg.C to 4 deg.C
(37.4 deg.F to 39.2 deg.F), at which point the external fat,
aponeurosis, and tendons were cleaned from the loin.
(ii) The pork loin was covered in a pickle preparation (25-30 grams
of salt for each kilogram of pork loin) and placed in a chamber where
it was maintained at a relative humidity of 75 to 95 percent and a
temperature of 3 deg.C to 4 deg.C (37.4 deg.F to 39.2 deg.F) for 72
hours.
(iii) The pork loin was removed from the pickle preparation (25-30
grams of salt for each kilogram of pork loin), externally cleaned
(brushed or rinsed), placed in an artificial casing, and fastened shut
with a metal clip.
(iv) The pork loin was placed for curing in a chamber with a
relative humidity of 60 to 90 percent and a temperature gradually
raised in 3 phases, as follows:
(A) A temperature of 2 deg.C to 6 deg.C (35.6 deg.F to 42.8
deg.F), maintained for a minimum of 20 days;
(B) A temperature of 6 deg.C to 15 deg.C (42.8 deg.F to 59.0
deg.F), maintained for a minimum of 20 days;
(C) A temperature of 15 deg.C to 25 deg.C (59.0 deg.F to 77.0
deg.F), maintained for a minimum of 40 days;
(v) Finally, with the relative humidity unchanged at 60 to 80
percent and the temperature lowered to 0 deg.C to 5 deg.C (32.0
deg.F to 41.0 deg.F), the pork loin was vacuum-packed and maintained
under those conditions for a minimum of 15 days, until at least 130
days after the start of the curing process.
(j)(1) * * *
(2) The dry-cured ham, if it is processed in accordance with
paragraphs (i)(2) or (i)(3) of this section, or the dry-cured pork
shoulder, if it is processed in accordance with paragraph (i)(4) of
this section, bears an ink seal (with the identifying number of the
slaughtering establishment) which was placed thereon at the
slaughtering establishment under the direct supervision of a person
authorized to supervise such activity by the veterinary services of the
national government of the country of origin, and an ink seal (with the
identifying number of the processing establishment and the date the
salting began) which was placed thereon at the processing
establishment, immediately prior to salting, under the supervision of a
person authorized to supervise such activity by the veterinary services
of the national government of the country of origin; or
(3) The dry-cured pork loin, if it is processed in accordance with
paragraph (i)(5) of this section, is packaged with material that bears
a seal of the government of the country of origin which was placed
thereon at the slaughtering establishment under the direct supervision
of a person authorized to supervise such activity by the veterinary
services of the national government of the country of origin, and bears
a tamper-proof plastic tag, securely attached to the pork loin itself,
that states the identifying number of the slaughtering establishment
and the date the pork loin was placed in the pickle preparation under
the supervision of a person authorized to supervise such activity by
the veterinary service of the national government of the country of
origin.
* * * * *
(m) The dry-cured ham, pork shoulder, or pork loin was processed in
accordance with one of the following criteria:
(1) * * *
(2) The Serrano ham, processed in accordance with paragraph (i)(2)
of this section, and came from any breed of large, white swine,
including but not limited to Landrace, Pietrain, Duroc, Jersey,
Hampshire, and Yorkshire breeds, and crosses of such breeds;
(3) The Iberian ham, processed in accordance with paragraph (i)(3)
of this section, and came from a swine of the Iberico breed of pigs;
(4) The Iberian pork shoulder, processed in accordance with
paragraph (i)(4) of this section, and came from a swine of the Iberico
breed of pigs;
(5) The Iberian pork loin, if processed in accordance with
paragraph (i)(5) of this section, and came from a swine of the Iberico
breed of pigs.
* * * * *
(o) The dry-cured ham, pork shoulder, or pork loin is accompanied
at the time of importation into the United States by a certificate
issued by a person authorized to issue such certificates by the
veterinary services of the national government of the country of
origin, stating:
(1) That all the provisions of this section have been complied
with, including paragraphs (i) and (m) of this section;
(2) The paragraph of this section under which the dry-cured ham,
pork shoulder, or pork loin was processed; and stating further that, if
the product covered by the certificate:
(i) Is an Italian-type ham processed under paragraph (i)(1) of this
section, it was processed for a minimum of 400 days;
(ii) Is a Serrano ham processed under paragraph (i)(2) of this
section, it was:
(A) Processed for a minimum of 190 days in a country free of swine
vesicular disease, in a facility authorized by the veterinary services
of the national government of that country to process only meat from
countries free of swine vesicular disease; or,
(B) Processed for a minimum of 560 days in any country, in a
facility that may also process meat from countries where swine
vesicular disease exists;
(iii) Is an Iberian ham processed under paragraph (i)(3) of this
section, it was:
(A) Processed for a minimum of 365 days in a country free of swine
vesicular disease, in a facility authorized by the veterinary services
of the national government of that country to process only meat from
countries free of swine vesicular disease; or,
(B) Processed for a minimum of 560 days in any country, in a
facility that may also process meat from countries where swine
vesicular disease exists;
(iv) Is a dry-cured pork shoulder, it was processed in accordance
with paragraph (i)(4) of this section for a minimum of 240 days; or
(v) Is a dry-cured pork loin, it was processed in accordance with
paragraph (i)(5) of this section for a minimum of 130 days.
Done in Washington, DC, this 27th day of October 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-27274; Filed 11-2-94; 8:45 am]
BILLING CODE 3410-34-P
