97-9573. Importation of Sliced and Pre-Packaged Dry-Cured Pork Products  

  • [Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
    [Proposed Rules]
    [Pages 18055-18059]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-9573]
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
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    Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / 
    Proposed Rules
    
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    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    9 CFR Part 94
    
    [Docket No. 96-066-1]
    
    
    Importation of Sliced and Pre-Packaged Dry-Cured Pork Products
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Proposed rule.
    
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    SUMMARY: We are proposing to allow dry-cured pork products that have 
    been sliced and packaged prior to shipment to the United States to be 
    imported into the United States under specified conditions. This action 
    would relieve some restrictions on the importation of pork into the 
    United States without presenting a significant risk of introducing any 
    serious communicable diseases of animals.
    
    DATES: Consideration will be given only to comments received on or 
    before June 13, 1997.
    
    ADDRESSES: Please send an original and three copies of your comments to 
    Docket No. 96-066-1, Regulatory Analysis and Development, PPD, APHIS, 
    Suite 4C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
    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. Julia Sturm, Supervisory Staff 
    Officer, Products Program, National Center for Import and Export, VS, 
    APHIS, Suite 3B66, 4700 River Road Unit 40, Riverdale, MD 20737-1231, 
    (301) 734-3277; or E-mail: [email protected]
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The regulations in 9 CFR part 94 (referred to below as the 
    regulations) govern the importation into the United States of specified 
    animals and animal products to prevent the introduction of various 
    animal diseases, including rinderpest, foot-and-mouth disease, bovine 
    spongiform encephalopathy, hog cholera, African swine fever, and swine 
    vesicular disease, into the United States. These are dangerous and 
    destructive communicable diseases of ruminants and swine.
        Under the regulations, certain animal products--whole hams, pork 
    shoulders, and pork loins--from countries where foot-and-mouth disease, 
    rinderpest, African swine fever, hog cholera, or swine vesicular 
    disease exists may be imported into the United States only under 
    certain conditions. To be eligible for importation, these products must 
    have been dry-cured and otherwise handled in accordance with procedures 
    specified in Sec. 94.17 of the regulations. However, under our current 
    regulations, these same products are not eligible for importation if 
    they have been sliced and packaged prior to shipment. We have 
    prohibited importation of sliced and packaged dry-cured hams, pork 
    shoulders, and pork loins because it is difficult to verify the origin 
    of the meat and how it has been processed. Without this information, we 
    cannot easily determine whether the meat has been treated and otherwise 
    handled in a manner that ensures it is free of disease agents.
        The Italian Ministry of Health has petitioned us to allow presliced 
    and prepackaged dry-cured pork to be imported into the United States 
    from countries where foot-and-mouth disease, rinderpest, swine 
    vesicular disease, African swine fever, and hog cholera exist, if the 
    meat would, except for its having been sliced and packaged, meet all 
    current requirements for importation. The Italian Ministry proposed 
    various inspection, recordkeeping, and labeling requirements that would 
    allow verification of the meat's origin, treatment, and handling.
        We have carefully considered this petition, and concluded that 
    presliced and prepackaged dry-cured pork can be imported into the 
    United States without undue risk, under conditions explained in this 
    document. We are therefore proposing to amend our regulations to allow 
    such importations.
        Under our proposed rule, to be eligible for importation, presliced 
    and prepackaged dry-cured ham, pork shoulder, and pork loin must come 
    from whole dry-cured hams, pork shoulders, and pork loins that meet the 
    requirements of current Sec. 94.17. After the whole hams, pork 
    shoulders, and pork loins have been dry-cured in accordance with 
    Sec. 94.17(i), they must be transferred to an approved slicing/
    packaging facility. The slicing/packaging facility must be located 
    within the same region of the same country as the establishment where 
    the whole hams, pork shoulders, and pork loins were dry-cured (see 
    proposed Sec. 94.17(p)). In the future, under the regulations in 9 CFR 
    part 94, some countries may be divided into different regions, based on 
    whether an animal disease is present in a region and the level of 
    disease risk presented by animals and products exported from that 
    region. If a country is divided into two or more regions for disease 
    risk classification with respect to foot-and-mouth disease, rinderpest, 
    African swine fever, hog cholera, or swine vesicular disease, having 
    the dry-curing establishment and the slicing/packaging facility in the 
    same region of the same country would ensure that meat in transit from 
    the processing facility to the slicing/packaging facility would not be 
    exposed and possibly contaminated with disease agents of concern.
        The slicing/packaging facility must, under our proposed rule, be 
    approved by the Animal and Plant Health Inspection Service (APHIS) of 
    the U.S. Department of Agriculture (see proposed Sec. 94.17(p)(1)(i)). 
    1 APHIS inspections are designed to ensure that meat and meat 
    products imported into the United States present negligible pest or 
    disease risk to livestock in this country.
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         1 In addition, pork and pork products, as a condition of 
    entry into the United States, must meet all requirements of the 
    Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and regulations 
    promulgated thereunder by the Food Safety Inspection Service (FSIS) 
    of the U.S. Department of Agriculture. FSIS regulations require that 
    meat and meat products be prepared only in FSIS-approved 
    establishments (see 7 CFR part 327).
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        Under our proposed rule, the operators of slicing/packaging 
    facilities would be required to sign cooperative service agreements 
    with APHIS, and be current in paying all costs for an APHIS 
    representative to inspect their
    
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    establishments (see proposed Secs. 94.17(p)(1)(vi) and 
    94.17(p)(1)(vii)). Slicing/packaging facilities would also be required 
    to allow APHIS personnel, or persons authorized by APHIS, to inspect 
    the facility and facility records without notice (see proposed 
    Sec. 94.17(p)(1)(viii)). These proposed requirements are virtually 
    identical to the requirements in our regulations that now apply to 
    facilities that process whole hams, pork shoulders, and pork loins. The 
    proposed cooperative service agreement requirements are designed to 
    ensure that slicing/packaging facilities are not only in compliance 
    with the regulations, but that the costs of compliance are born by the 
    facilities or their representatives, not by APHIS.
        At slicing/packaging facilities, a full-time salaried veterinarian 
    employed by the national veterinary service of the government of the 
    country of origin, would be required, under our proposed rule, to 
    inspect each lot of dry-cured hams, pork shoulders, and pork loins 
    arriving at the facility and intended for export to the United States 
    (see proposed Sec. 94.17(p)(2)(i). The veterinarian would have to 
    inspect the pork products prior to slicing and packaging, and would 
    have to certify, in writing, that the products meet all the 
    requirements of Sec. 94.17 of the regulations. Such certification would 
    be part of the records maintained by the slicing/packaging facility.
        Under our proposed rule, we would also require the entire slicing 
    and packaging process to be personally and continuously supervised by 
    either a full-time veterinarian employed by the national government of 
    the country of origin, or, if the government of the country of origin 
    recognizes a local consortium as responsible for product quality, by an 
    authorized representative of the recognized consortium (see proposed 
    Sec. 94.17(p)(2)(ii)). In most countries where dry-cured pork products 
    are produced in accordance with Sec. 94.17, local consortia are 
    responsible for ensuring product quality.
        The individual supervising the slicing and packaging process would 
    be required to certify, in records maintained by the slicing/packaging 
    facility, that the sliced and packaged dry-cured hams, pork shoulders, 
    and pork loins are the products from the same whole hams, shoulders, 
    and loins inspected by the veterinarian at the time they entered the 
    facility (see proposed Sec. 94.17(p)(2)(ii)). The individual 
    supervising slicing and packaging would also be required to certify, in 
    records maintained by the slicing/packaging facility, that the meat was 
    sliced and packaged in accordance with our regulations. Under our 
    proposed regulations, any document or form of certification would be 
    acceptable as long as it is in English. These certifications are 
    necessary to help ensure that sliced and packaged dry-cured pork 
    products shipped to the United States are eligible for importation.
        We are also proposing to prohibit pork products intended for 
    importation into the United States from being in the slicing/packaging 
    facility at the same time as pork products not intended for importation 
    into the United States (see proposed Sec. 94.17(p)(1)(x)). Local 
    consumers and other importing countries may not require these types of 
    pork products to be dry-cured for as long as products destined for the 
    United States. After meat has been sliced and packaged, it is no longer 
    possible to determine how long it was dry-cured. Our requirements are 
    therefore intended to prevent products intended for importation into 
    the United States from being commingled with other products. Under our 
    proposal, however, slicing/packaging facilities could handle other 
    products at times when they were not handling pork products intended 
    for importation into the United States.
        We are proposing to require that slicing/packaging facilities be in 
    a separate building, physically detached from facilities where whole 
    hams, pork shoulders, or pork loins are dry-cured (see proposed 
    Sec. 94.17(p)(1)(ii). This is intended to ensure that dry-cured pork 
    products intended for importation into the United States are not 
    contaminated. We are also proposing to require that all areas in 
    slicing/packaging facilities where pork and pork products are handled, 
    such as holding areas and slicing and packaging areas, be cleaned and 
    disinfected. All equipment used to handle pork and pork products, such 
    as containers, work surfaces, slicing machines, and packaging 
    equipment, would also have to be cleaned and disinfected. Cleaning and 
    disinfecting of these areas and this equipment would be required after 
    sliced and packaged pork products not eligible for export to the United 
    States have left the facility, and before whole pork products intended 
    for importation into the United States enter the facility for slicing 
    and packaging (see Sec. 94.17(p)(1)(iii)). Cleaning and disinfecting 
    must be adequate to ensure that disease agents of concern are killed or 
    inactivated, and that pork products intended for importation into the 
    United States are not contaminated.
        In addition, we are proposing to require that workers in slicing/
    packaging facilities take precautions to ensure that they do not 
    contaminate dry-cured pork in the facility with any diseases of concern 
    (see proposed Sec. 94.17(p)(1)(ix)). We are proposing to require that 
    workers who handle dry-cured hams, pork shoulders, and pork loins in a 
    slicing/packaging facility either shower and put on a full set of clean 
    clothes, or wait 24 hours after handling other pork or pork products 
    before handling dry-cured pork hams, pork shoulders, or pork loins in 
    the facility that are intended for importation into the United States. 
    This is the same requirement that now applies to workers in 
    establishments where fresh hams, pork shoulders, and pork loins are 
    dry-cured in accordance with our regulations (see current 
    Sec. 94.17(h)).
        Under our proposed regulations, slicing/packaging facilities would 
    have to maintain original records on each lot of dry-cured hams, pork 
    shoulders, and pork loins entering the facility intended for 
    importation into the United States (see proposed Secs. 94.17(p)(1)(iv) 
    and 94.17(p)(1)(v)). Records, which would have to be kept for a minimum 
    of 2 years, would have to include the establishment numbers of all 
    three facilities where the meat was handled--the slaughtering 
    establishment, the dry-curing establishment, and the slicing/packaging 
    facility. Records would also have to include the date dry-curing of the 
    pork started, the date dry-curing was completed, and the date the dry-
    cured meat was sliced and packaged. We propose to require that the 
    records maintained at slicing/packaging facilities include the 
    certificate issued by the veterinarian at the facility and the 
    certification by either the veterinarian or the consortium 
    representative. Records would, in addition, have to be kept under lock 
    and key, with access restricted to officials of the national government 
    of the country of origin, officials of the United States Government, 
    and persons maintaining the records. Product labels 2 would be 
    required to show the date processing began under Sec. 94.17(i) and the 
    date of slicing and packaging (see proposed Sec. 94.17(p)(2)(iii)). 
    These proposed recordkeeping and labeling requirements are intended to 
    ensure that the presliced and prepackaged pork products fully comply 
    with our regulations. These proposed requirements would also allow us 
    to trace nonconforming products back to their source and help us better 
    enforce our regulations. We also considered requiring the lot number of 
    the meat to
    
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    appear on the label, or requiring that meat from only 1 lot be in a 
    package. However, current industry practice is to label packages with 
    the lot number and to package only meat from one lot in a package. 
    Under these circumstances, it appears unnecessary to include either 
    requirement in our proposed regulations.
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        \2\ FSIS must also approve all labels for meat and meat food 
    products (see 9 CFR part 317).
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        We believe this proposed system of inspections, recordkeeping and 
    labeling would provide us with the information we need to ensure that 
    sliced and packaged dry-cured hams, pork shoulders, and pork loins from 
    countries where various animal diseases exist would not pose a 
    significant disease or pest risk to livestock in the United States.
    
    Miscellaneous
    
        We are proposing to amend Sec. 94.17(n) to update the term ``trust 
    fund agreement'' by replacing it with the term ``cooperative service 
    agreement.'' Cooperative service agreement is the new name for the type 
    of agreement formerly known as a trust fund agreement.
        We are also proposing to amend Sec. 94.17(g). This section 
    currently requires that facilities that dry-cure whole pork hams, pork 
    shoulders, and pork loins must have signed an agreement with APHIS 
    ``within 12 months'' prior to receiving pork hams, pork shoulders, or 
    pork loins for processing. We have found this requirement to be 
    unnecessary. Facilities must maintain a current cooperative service 
    agreement with APHIS under Sec. 94.17(n), and facilities are subject to 
    unannounced inspections under Sec. 94.17(l). We have found these 
    requirements sufficient to ensure that dry-curing facilities comply 
    with the requirements of Sec. 94.17.
    
    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. However, we do not 
    currently have all the data necessary for a comprehensive analysis of 
    the effects of this proposed rule on small entities. Therefore, we are 
    inviting comments. In particular, we are interested in determining: (1) 
    The quantity of specialty dry-cured hams produced domestically; (2) the 
    quantity of potential imports; and (3) the degree to which imported 
    presliced and prepackaged dry-cured pork products would displace 
    existing imported or domestic products.
        This proposed rule would amend the regulations regarding 
    importation of dry-cured pork products from countries where certain 
    diseases of concern exist, by providing that certain sliced and 
    packaged products may be imported into the United States under 
    specified conditions. We have prohibited the importation of sliced and 
    packaged dry-cured hams, pork shoulders, and pork loins because of the 
    difficulty in verifying the origin of sliced and packaged meat and in 
    determining how the meat has been processed. This proposal would 
    establish inspections, recordkeeping, and labeling requirements that 
    would allow verification of the meat's origin, treatment, and handling. 
    We believe this action would relieve some restrictions on the 
    importation of dry-cured pork into the United States without presenting 
    a significant risk of introducing any serious communicable diseases of 
    animals.
        The dry-cured pork products covered by the proposed rule are 
    specialty products, such as Parma hams from Italy. These products are 
    similar to other dry-cured pork products consumed in the United States, 
    some imported from other countries and some produced domestically. 
    Currently, only whole dry-cured pork hams, pork shoulders, and pork 
    loins are being imported into the United States. Slightly less than 3 
    million pounds of such whole products were imported in 1995, the most 
    recent year for which figures are available. Presliced and prepackaged 
    dry-cured pork products are not being imported into the United States 
    at this time.
        We estimate that fewer than 15 domestic companies produce dry-cured 
    pork products similar to those covered by this proposed rule as a 
    primary or major product line. At least two of these companies are very 
    large, and these types of products constitute only a small fraction of 
    their overall business. Of the others, four are subsidiaries of Italian 
    or Swiss companies.
        There are also a number of other producers of cured and smoked hams 
    who may produce similar products. If they do, adopting the proposed 
    rule could affect them. In addition, there are approximately 10 
    domestic establishments that buy cured hams and trim and dress them for 
    resale. Some of the resulting products might be similar to the 
    presliced and prepackaged products covered by this proposed rule. If 
    so, these businesses could also be affected if the proposed rule is 
    adopted.
        This proposed rule contains various recordkeeping and reporting 
    requirements. These requirements are described in this document 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. 96-066-1. 
    Please send a copy of your comments to: (1) Docket No. 96-066-1, 
    Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
    Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
    OIRM, 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 rule would require that, to be eligible for importation into 
    the United States, presliced and prepackaged dry-cured pork hams, pork 
    shoulders, and pork loins from countries where rinderpest, foot-and-
    mouth disease, African swine fever, hog cholera, or swine vesicular 
    disease exists, must be processed and sliced and packaged in the 
    country of origin under specific conditions. This rule would also 
    introduce various information collection requirements to enable us to 
    accurately assess whether products presented for importation comply 
    with all applicable regulations. We are soliciting comments from the 
    public 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
    
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    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;
        (4) Minimize the burden of the 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 responses).
        Estimate of burden: Public reporting burden for this collection of 
    information is estimated to average 0.083 hours per response.
        Respondents: Government veterinarians, consortium representatives, 
    slicing/packaging facility personnel.
        Estimated number of respondents: 6.
        Estimated number of responses per respondent: 76.
        Estimated total annual burden on respondents: 38 hours.
        Copies of this information collection can be obtained from: 
    Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
    Avenue SW., Washington, DC 20250.
    
    Regulatory Reform
    
        This action is part of the President's Regulatory Reform 
    Initiative, which directs agencies to remove obsolete and unnecessary 
    regulations and to find less burdensome ways to achieve regulatory 
    goals.
    
    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 would be amended 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. Section 94.17 would be amended as follows:
        a. The introductory text would be revised to read as set forth 
    below.
        b. In paragraph (d), by adding the word ``whole'' immediately 
    before the word ``ham,''.
        c. In paragraph (e), by adding the word ``whole'' immediately after 
    the words ``was processed''; and in footnote 1, by removing the words 
    ``9 CFR part 301, et seq.'' and adding the words ``9 CFR, Chapter III'' 
    in their place.
        d. In paragraph (f), by adding the word ``whole'' immediately after 
    the words ``was processed''.
        e. In paragraph (g), by adding the word ``whole'' immediately after 
    the words ``was processed'', and by removing the words ``within 12 
    months''.
        f. In paragraph (h), and in the introductory text of paragraph (i), 
    by adding the word ``whole'' immediately after the words ``was 
    processed''.
        g. In paragraphs (j)(1), (j)(2), (j)(3), (k), (l), and (n), by 
    adding the word ``whole'' immediately after the first word ``The'' in 
    each paragraph.
        h. In paragraph (j)(2), by adding the word ``whole'' immediately 
    before the words ``dry-cured pork shoulder''.
        i. In paragraph (n), by removing the words ``trust fund agreement'' 
    and adding the words ``cooperative service agreement'' in its place 
    each time it appears.
        j. A new paragraph (p) would be added 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.
    
        Notwithstanding any other provisions in this part, dry-cured ham, 
    pork shoulder, or pork loin, whether whole or sliced and packaged, 
    shall not be prohibited from being imported into the United States if 
    it meets the following conditions:
    * * * * *
        (p) Whole hams, pork shoulders, and pork loins that have been dry-
    cured in accordance with paragraph (i) of this section may be 
    transported to a facility in the same country for slicing and packaging 
    in accordance with this paragraph; provided that, if the country is 
    divided into two or more regions for disease classification with 
    respect to foot-and-mouth disease, rinderpest, African swine fever, hog 
    cholera, or swine vesicular disease, the slicing/packaging facility 
    must be in the same region of the country as the dry-curing facility.
        (1) The slicing/packaging facility. (i) The slicing/packaging 
    facility 2 must be inspected, prior to slicing and packaging any 
    hams, pork shoulders, or pork loins in accordance with this paragraph, 
    by an APHIS representative and determined by the Administrator to be 
    capable of meeting the provisions of this paragraph.
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        \2\ See footnote 1 in Sec. 94.17(e).
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        (ii) The slicing/packaging facility must be in a separate building, 
    physically detached from the facility where the whole ham, pork 
    shoulder, or pork loin was dry-cured in accordance with paragraph (i) 
    of this section.
        (iii) The slicing/packaging facility, including all equipment used 
    to handle pork and pork products, such as containers, work surfaces, 
    slicing machines, and packaging equipment, must be cleaned and 
    disinfected after sliced and packaged pork products that are not 
    eligible for export to the United States leave the facility, and before 
    whole dry-cured hams, pork shoulders, or pork intended for importation 
    into the United States enter the facility for slicing and packaging. 
    Cleaning and disinfecting must be adequate to ensure that disease 
    agents of concern are killed or inactivated, and that pork products 
    intended for importation into the United States are not contaminated.
        (iv) The slicing/packaging facility must maintain under lock and 
    key for a minimum of 2 years, original records on each lot of whole 
    dry-cured hams, pork shoulders, and pork loins entering the facility 
    for slicing and packaging under this section, including:
        (A) The approval number of the facility where the whole ham, 
    shoulder, or loin was dry-cured in accordance with paragraph (i) of 
    this section;
        (B) The date the whole ham, shoulder, or loin started dry-curing;
        (C) The date the whole ham, shoulder, or loin completed dry-curing;
        (D) The date the whole ham, shoulder, or loin was sliced and 
    packaged; and
        (E) A copy of all certifications required under paragraph (p) of 
    this section.
        (v) Access to records required to be maintained under paragraph (p) 
    of this section must be restricted to officials of the national 
    government of the country of origin, representatives of the United 
    States Government, and persons maintaining the records.
        (vi) The operator of the slicing/packaging facility must have 
    signed a cooperative service agreement with APHIS prior to receipt of 
    the whole dry-cured hams, pork shoulders, or pork loins for slicing and 
    packaging, stating that all hams, pork shoulders, or pork
    
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    loins sliced and packaged at the facility for importation into the 
    United States will be sliced and packaged only in accordance with this 
    section.
        (vii) The operator of the slicing/packaging facility must be 
    current, in accordance with the terms of the cooperative service 
    agreement signed with APHIS, in paying all costs for an APHIS 
    representative to inspect the establishment, including travel, salary, 
    subsistence, administrative overhead, and other incidental expenses.
        (viii) The slicing/packaging facility must allow the unannounced 
    entry into the establishment of APHIS representatives, or other persons 
    authorized by the Administrator, for the purpose of inspecting the 
    establishment and records of the establishment.
        (ix) Workers at the slicing/packaging facility who handle pork or 
    pork products in the facility must shower and put on a full set of 
    clean clothes, or wait 24 hours after handling pork or pork products 
    that are not eligible for importation into the United States, before 
    handling dry-cured hams, pork shoulders, or pork loins in the slicing/
    packaging facility that are intended for importation into the United 
    States.
        (x) Pork products intended for importation into the United States 
    may not be in the slicing/packaging facility at the same time as pork 
    products not intended for exportation to the United States.
        (2) Slicing and packaging and labeling procedures.
        (i) A full-time salaried veterinarian employed by the national 
    government of the country of origin must inspect each lot of whole dry-
    cured hams, pork shoulders, and pork loins at the slicing/packaging 
    facility, before slicing is begun, and must certify in English that it 
    is eligible for importation into the United States in accordance with 
    this section; and
        (ii) Either a full-time salaried veterinarian employed by the 
    national government of the country of origin, or, if the national 
    government of the country of origin recognizes a local consortium as 
    responsible for product quality, a representative of that local 
    consortium, must certify in English that he or she personally 
    supervised the entire process of slicing and packaging each lot of dry-
    cured hams, pork shoulders, and pork loins at the slicing/packaging 
    facility; that each lot of dry-cured hams, pork shoulders, and pork 
    loins was sliced and packaged in accordance with the requirements of 
    this paragraph; and that the sliced and packaged pork ham, shoulder, or 
    loin is the same dry-cured ham, pork shoulder, or pork loin certified 
    under paragraph (p)(2)(i).
        (iii) The sliced and packaged dry-cured pork ham, pork shoulder, or 
    pork loin must be labeled with the date that processing of the meat 
    under paragraph (i) of this section began, and with the date the meat 
    was sliced and packaged.
    
    (Approved by the Office of Management and Budget under control 
    number 0579-0015)
    
        Done in Washington, DC, this 8th day of April 1997.
    Donald W. Luchsinger,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 97-9573 Filed 4-11-97; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Published:
04/14/1997
Department:
Animal and Plant Health Inspection Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-9573
Dates:
Consideration will be given only to comments received on or before June 13, 1997.
Pages:
18055-18059 (5 pages)
Docket Numbers:
Docket No. 96-066-1
PDF File:
97-9573.pdf
CFR: (6)
9 CFR 94.17(h))
9 CFR 94.17(i)
9 CFR 94.17(p)(2)(ii))
9 CFR 94.17(p)(1)(ii)
9 CFR 94.17(p)(1)(viii))
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