[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Proposed Rules]
[Pages 67809-67813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32654]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 98-028-1]
Importation of Poultry Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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[[Page 67810]]
SUMMARY: We are proposing to amend the regulations for importing animal
products to allow the importation of poultry carcasses and parts or
products of poultry carcasses from regions where exotic Newcastle
disease (END) is considered to exist if they originated in a region
free of END and meet certain conditions with respect to processing and
shipping. This action would remove some restrictions on the importation
of poultry products from regions where END is considered to exist. We
believe the proposed conditions for importation will continue to
protect the United States from END.
DATES: Consideration will be given only to comments received on or
before February 8, 1999.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-028-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 98-028-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff
Veterinarian, Animals and Germplasm Programs, National Center for
Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD
20737; (301) 734-5034; or e-mail: michael.j.david@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 govern the importation of certain
animals, birds, poultry, meat, animal products, animal byproducts, hay,
and straw into the United States in order to prevent the introduction
of communicable diseases of livestock and poultry. The regulations in
94.6 (referred to below as the regulations) govern, among other things,
the importation of poultry carcasses, parts, and products from regions
where exotic Newcastle disease (END) is considered to exist.
Under the regulations, poultry carcasses and parts or products of
poultry carcasses may be imported into the United States from regions
where END is considered to exist only under one of the following
conditions:
1. If they are imported for consignment to a museum, educational
institution, or other establishment that has been approved by the
Administrator of the Animal and Plant Health Inspection Service
(APHIS), United States Department of Agriculture (USDA). Approval is
based on the establishment providing the Administrator with evidence
that it has the equipment, facilities, and capabilities to store,
handle, process, or disinfect the articles to prevent the introduction
or dissemination of END into the United States.
2. If they are packed in hermetically sealed containers and
afterward cooked by a commercial method to produce articles that are
shelf stable without refrigeration.
3. If they are thoroughly cooked, and, upon inspection by a
representative of the United States Department of Agriculture at the
port of arrival, have a thoroughly cooked appearance throughout.
4. If they are imported under permit granted by the Administrator
of APHIS after he or she determines that the importation will not
constitute a risk of introducing or disseminating END into the United
States.
We are proposing to amend Sec. 94.6 to also allow poultry carcasses
and parts or products of poultry carcasses to be imported into the
United States from regions where END is considered to exist if they
originated in a region free of END and meet certain requirements with
respect to processing and shipping. The primary purpose of this change
is to allow poultry meat that originates in the United States to be
shipped for processing to a country where END is considered to exist,
and then returned to the United States. The proposal would also allow
poultry meat that originates in another END-free region to be processed
in a region where END is considered to exist and then be shipped to the
United States. This action would remove some restrictions on the
importation of poultry carcasses and parts or products of poultry
carcasses from regions where END is considered to exist. We believe
this action poses only a negligible risk of introducing END into the
United States.
Shipment to Approved Establishments
Under this proposed rule, the poultry carcasses and parts or
products of poultry carcasses that originate in a region free of END
must be shipped for processing to the region where END is considered to
exist in closed containers sealed with serially-numbered seals applied
by an official of the national government of the region of origin. The
shipments would have to be accompanied by a certificate that was signed
by an official of the national government of the region of origin and
that specifies the products' region of origin, the processing
establishment to which the products are consigned, and the numbers of
the seals applied to the shipping containers.
Upon arrival at the processing establishment, the poultry carcasses
and parts or products of poultry carcasses could only be removed from
the containers after an official of the foreign region's national
government had determined that the seals were intact and free of any
evidence of tampering.
The official would have to attest to this fact by signing the
certificate accompanying the shipment. The signed certificate would
have to be kept on file at the processing establishment for at least 2
years after export of the processed products to the United States, and
must be made available to USDA inspectors to demonstrate compliance
with our regulations, if requested, during announced or unannounced
inspections.
Handling at Approved Establishments
Under this proposed rule, the poultry carcasses and parts or
products of poultry carcasses would be eligible for importation into
the United States only if they were handled and processed in accordance
with the following criteria:
1. Establishments in regions where END is considered to exist that
process poultry carcasses and parts or products of poultry carcasses
for export to the United States may not receive or process any live
poultry since END is easily spread in environments where live birds are
caged or slaughtered.
2. Processing establishments are not required to be facilities
dedicated to processing poultry products from END-free regions. Poultry
carcasses and parts or products of poultry carcasses that originate in
regions where END is considered to exist may be processed at the same
facility as poultry carcasses and parts or products of poultry
carcasses from END-free regions provided the following conditions are
met:
All areas, utensils, and equipment liable to contact the
poultry carcasses and parts or products of poultry carcasses to be
processed, including areas, utensils, and equipment for skinning,
deboning, cutting, and packing, must be cleaned and disinfected between
processing poultry from regions where END is considered to exist and
poultry from END-free regions in order to avoid contamination.
[[Page 67811]]
Poultry carcasses and parts or products of poultry
carcasses intended for export to the United States may not be handled,
cut, or otherwise processed at the same time as poultry carcasses and
parts or products of poultry carcasses not eligible for export to the
United States in order to avoid contamination.
Poultry carcasses and parts or products of poultry
carcasses intended for export to the United States must be packed in
clean, new packaging that is clearly distinguishable from that
containing poultry carcasses and parts or products of poultry carcasses
not eligible for export to the United States. Poultry carcasses and
parts or products of poultry carcasses must be stored in a manner that
ensures that no cross-contamination occurs.
3. Under the proposed rule, establishment operators would have to
enter into a cooperative service agreement with APHIS to ensure that
all expenses incurred by APHIS in inspecting the establishment would be
paid by the operators of the processing establishment. APHIS
anticipates that such inspections would occur once a year. The
cooperative service account would be required to contain a balance at
least equal to the cost of one inspection. APHIS would charge the
cooperative service account for travel, salary, and subsistence of
APHIS employees, as well as administrative overhead and other
incidental expenses (including excess baggage charges up to 150
pounds).
Shipment to the United States
Poultry carcasses and parts or products of poultry carcasses to be
imported into the United States must be shipped from the region where
they were processed in closed containers sealed with serially-numbered
seals applied by an official of the national government of that region.
The shipments would have to be accompanied by a certificate signed by
an official of the national government of the region where the poultry
carcasses and parts or products of poultry carcasses were processed.
The certificate would have to state that all of the above conditions
have been met and would also have to list the numbers of the seals
applied. A copy of this certificate must also be kept on file at the
processing establishment for at least 2 years after the products were
shipped to the United States.
We believe the conditions described above would ensure that the
poultry products present a negligible risk of introducing END into the
United States.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866, and therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. Based on the
information we have, there is no basis to conclude that this rule will
result in any significant economic impact on a substantial number of
small entities. However, we do not currently have all of the data
necessary for a comprehensive analysis of the effects of this proposed
rule on small entities. Therefore, we are inviting comments on
potential effects. In particular, we are interested in determining the
number and kind of small entities that may incur benefits or costs from
the implementation of this proposed rule.
This proposed rule would amend the regulations for importing animal
products to allow the importation of poultry carcasses and parts or
products of poultry carcasses from regions where exotic Newcastle
disease (END) is considered to exist if they originated in a region
free of END and meet certain conditions with respect to processing and
shipping. This proposal would remove some restrictions on the
importation of poultry carcasses and parts or products of poultry
carcasses from regions where END is considered to exist.
In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and
134a, the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the introduction into the
United States, and the interstate dissemination within the United
States, of communicable diseases of livestock and poultry.
This proposal would allow poultry carcasses and parts or products
of poultry carcasses that originated in any END-free region to be
processed in any region where END is considered to exist, and then be
shipped to the United States. At this time, however, the most likely
outcome of this proposal is that U.S.-origin poultry carcasses and
parts or products of poultry carcasses would be shipped to Mexico for
processing and then returned to the United States. It is unlikely that
any poultry processed in countries other than Mexico would enter the
United States as a result of this proposal. The high cost of shipping
processed poultry from END-free countries in the eastern hemisphere to
the United States makes it unlikely that such exports could compete in
the U.S. market. Further, countries other than Mexico in the western
hemisphere that could export processed poultry to the United States
under this proposal generally do not produce enough poultry and poultry
products to meet their own domestic demand. Western countries other
than Mexico may also have difficulty competing in the U.S. market due
to costs of shipping, unless the products exported were specialty items
not otherwise produced domestically in the United States. Therefore, we
anticipate that Mexico would be the only country to export any
processed poultry to the United States under this proposal, and our
analysis is based on this scenario. We welcome public comment on other
potential sources of processed poultry which would be allowed
importation into the United States if this proposal were adopted.
Poultry From Mexico
Poultry products to be imported into the United States from Mexico
under the proposed regulations would be required to originate in an
END-free region. Under Sec. 94.6 of the regulations, the only END-free
regions in the western hemisphere are Canada, Chile, Costa Rica, and
the United States. Poultry carcasses and parts or products of poultry
carcasses from Costa Rica could potentially be imported into Mexico for
processing and export to the United States, but Costa Rica does not
appear to produce enough poultry carcasses and parts or products of
poultry carcasses domestically to make such exports feasible or
profitable. It is unlikely that any Canadian poultry would be shipped
to Mexico for processing under this rule since U.S. poultry is
available for processing at lower cost. Further, the costs of shipping
the poultry carcasses and parts or products of poultry carcasses to
Mexico from Canada, Costa Rica, Chile, or any other END-free foreign
region, and subsequent costs of shipping poultry products from Mexico
to the United States, would likely be too high for the processed
poultry to be competitive in the U.S. market.
Therefore, it is likely that any poultry carcasses and parts or
products of poultry carcasses to be imported into Mexico for processing
in accordance with our proposal would originate in the United States
due to the United States' proximity to Mexico, its status as a net
poultry exporter, and the low cost of its unprocessed poultry. Poultry
[[Page 67812]]
carcasses and parts or products of poultry carcasses would likely be
ground-shipped by southwestern and border State poultry producers to
facilities in northern Mexico for processing and reexportation to the
United States. Exactly how many U.S. poultry producers would take
advantage of this proposal and ship poultry carcasses or products to
Mexico to be processed and reexported to the United States is not
known. It is possible that U.S. producers would ship poultry carcasses
or products to Mexico for processing to take advantage of lower
processing costs or to use Mexican processing plants as supplements to
the existing U.S. workforce and facilities.
In 1997, the United States produced 33,115 million pounds of
poultry products, valued at $17 billion, and exported poultry meat
valued at over $2.2 billion (with 10 percent exported to Mexico). We
anticipate that whatever volume of processed poultry may be imported as
a result of this proposal would be minimal in relation to the overall
volume of poultry products currently available in the United States.
In 1997, the United States imported poultry meat valued at $11.2
million. Less than 2 percent of that total ($247,000) was imported from
Mexico, while over 93 percent ($10.5 million) was imported from Canada.
We anticipate that whatever volume of processed poultry that is
imported as a result of this proposal will be minimal in relation to
the total volume of all processed poultry imported into the United
States.
Trade Relations
This proposal would remove some restrictions on the importation of
poultry carcasses and parts or products of poultry carcasses from
regions where END is considered to exist and would encourage a positive
trading environment between the United States and Mexico and other
regions where END is considered to exist by stimulating economic
activity and providing export opportunities to foreign poultry
processing industries.
Effect on Small Entities
This proposal may have an effect on domestic poultry processors,
who could potentially lose business to Mexican poultry processors as a
result of the proposed rule. This proposal may also benefit U.S.
truckers and haulers, wholesale traders, and poultry producers and
packers, who stand to benefit from increased Mexican trade. However,
the extent to which small entities may be affected by this proposal
cannot be determined at this time.
Alternatives Considered
In developing this proposed rule, we considered: (1) Making no
changes to the regulations governing the importation of poultry from
regions where END is considered to exist; (2) proposing to allow the
importation of poultry carcasses and parts or products of poultry
carcasses that originated in a region free of END but that were
processed in a region where END is considered to exist under conditions
different from those proposed; or (3) proposing to allow the
importation of poultry carcasses and parts or products of poultry
carcasses that originated in a region free of END but that were
processed in a region where END is considered to exist under the
conditions proposed in this document.
We rejected the first alternative because the proposal appears to
provide a way to remove trade restrictions while maintaining adequate
safeguards against the introduction of END into the United States.
Under these circumstances, making no changes to the regulations would
be contrary to trade agreements entered into by the United States.
We also rejected the second alternative because it appeared that
conditions less stringent than those proposed would increase the risk
of the introduction of END into the United States to more than a
negligible level and that more stringent conditions would be
unnecessarily restrictive. We consider the proposed conditions to be
both effective and necessary in keeping at a negligible level the risk
of imported poultry products introducing END into the United States.
The proposed changes to the regulations would result in new
information collection or recordkeeping requirements, as described
below under the heading ``Paperwork Reduction Act.''
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (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 Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 98-028-1.
Please send a copy of your comments to: (1) Docket No. 98-028-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
This proposed rule would amend the regulations to relieve certain
restrictions on the importation of poultry carcasses and parts or
products of poultry carcasses from regions where exotic Newcastle
disease (END) is considered to exist if they originated in a region
free of END and meet certain conditions with respect to processing and
shipping.
Implementing this proposed rule would necessitate the use of two
paperwork collection activities: The completion of a foreign meat
inspection certificate and the placing of seals on shipping containers.
We are asking OMB to approve our use of these information
collections.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. We need this outside input to help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the proposed information collection on
those who are to respond, (such as through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses).
Estimate of burden: Public reporting burden for this proposed
collection of information is estimated to average 0.147 hours per
response.
[[Page 67813]]
Respondents: Full-time, salaried veterinarians of the agency of the
Government of Mexico responsible for animal health.
Estimated annual number of respondents: 4.
Estimated annual number of responses per respondent: 51.
Estimated annual number of responses: 204.
Estimated total annual burden on respondents: 30 hours.
Copies of this information collection can be obtained from
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence
Avenue SW., Washington, DC 20250.
List of Subjects 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry, and poultry products, Reporting and recordkeeping
requirements.
Accordingly, we are proposing to amend 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS.
1. The authority citation for part 94 would continue 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 and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
2. In Sec. 94.6, the section heading would be revised, paragraph
(c)(5) would be redesignated as paragraph (c)(6), and a new paragraph
(c)(5) would be added to read as follows:
94.6 Carcasses, parts or products of carcasses, and eggs (other than
hatching eggs) of poultry, game birds, or other birds; importations
from regions where exotic Newcastle disease (END) or S. enteritidis is
considered to exist.
* * * * *
(c) * * *
(5) Poultry carcasses and parts or products of poultry carcasses
that originated in a region considered to be free of END and are
processed (cut, packaged, and/or cooked) in a region where END is
considered to exist may be imported under the following conditions:
(i) Shipment to approved establishments.
(A) The poultry carcasses or parts or products of poultry carcasses
must be shipped from the END-free region where they originated in
closed containers sealed with serially-numbered seals applied by an
official of the national government of that region. They must be
accompanied by a certificate that is signed by an official of that
region's national government and specifies the products' region of
origin, the processing establishment to which the poultry carcasses or
parts or products of poultry carcasses are consigned, and the numbers
of the seals applied to the shipping containers.
(B) The poultry carcasses or parts or products of poultry carcasses
may be removed from containers at the processing establishment in the
region where END is considered to exist only after an official of the
foreign region's national government has determined that the seals are
intact and free of any evidence of tampering. The official must attest
to this fact by signing the certificate accompanying the shipment.
(ii) Handling of poultry carcasses and parts or products of poultry
carcasses. Establishments 1 in regions where END is
considered to exist that process poultry carcasses or parts or products
of poultry carcasses for export to the United States:
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\1\ As a condition of entry into the United States, poultry or
poultry products must also meet all of the requirements of the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) and
regulations thereunder (9 CFR part 381), including requirements that
the poultry or poultry products be prepared only in approved
establishments.
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(A) May not receive or handle any live poultry.
(B) Must keep any records required by this section on file at the
facility for a period of at least 2 years after export of processed
products to the United States, and must make those records available to
USDA inspectors during inspections.
(C) May process poultry carcasses and parts or products of poultry
carcasses that originate in both END-free regions and regions where END
is considered to exist, provided that:
(1) All areas, utensils, and equipment liable to contact the
poultry carcasses and parts or products of poultry carcasses to be
processed, including skinning, deboning, cutting, and packing areas,
are cleaned and disinfected between processing poultry from regions
where END is considered to exist and poultry carcasses and parts or
products of poultry carcasses from END-free regions.
(2) Poultry carcasses and parts or products of poultry carcasses
intended for export to the United States are not handled, cut, or
otherwise processed at the same time as any poultry not eligible for
export to the United States.
(3) Poultry carcasses and parts or products of poultry carcasses
intended for export to the United States are packed in clean new
packaging that is clearly distinguishable from that containing any
poultry not eligible for export to the United States.
(4) Poultry carcasses and parts or products of poultry carcasses
are stored in a manner that ensures that no cross-contamination occurs.
(iii) Cooperative service agreement. Operators of processing
establishments must enter into a cooperative service agreement with
APHIS to pay all expenses incurred by APHIS in inspecting the
establishment. APHIS anticipates that such inspections will occur once
a year. The cooperative service account must always contain a balance
that is at least equal to the cost of one inspection. APHIS will charge
the cooperative service account for travel, salary, and subsistence of
APHIS employees, as well as administrative overhead and other
incidental expenses (including excess baggage charges up to 150
pounds).
(iv) Shipment to the United States. Poultry carcasses and parts or
products of poultry carcasses to be imported into the United States
must be shipped from the region where they were processed in closed
containers sealed with serially-numbered seals applied by an official
of the national government of that region. The shipments must be
accompanied by a certificate signed by an official of the national
government of the region where the poultry was processed that lists the
numbers of the seals applied and states that all of the conditions of
this section have been met. A copy of this certificate must be kept on
file at the processing establishment for at least 2 years.
* * * * *
Done in Washington, DC, this 2nd day of December 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-32654 Filed 12-8-98; 8:45 am]
BILLING CODE 3410-34-P
