94-9029. Dry-Cured Pork Products  

  • [Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-9029]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 15, 1994]
    
    
                                                        VOL. 59, NO. 73
    
                                                 Friday, April 15, 1994
    
    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    9 CFR Part 94
    
    [Docket No. 92-067-1]
    RIN 0579-AA50
    
     
    
    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 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. It appears that 
    certain dry-cured pork products, if processed in accordance with the 
    proposed requirements, can be imported into the United States without 
    presenting a significant risk of introducing these specified diseases.
    
    DATES: Consideration will be given only to comments received on or 
    before June 14, 1994.
    
    ADDRESSES: Please send an original and three copies of your comments to 
    Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
    Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
    state that your comments refer to Docket No. 92-067-1. 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 (202) 690-2817 to 
    facilitate entry into the comment reading room.
    
    FOR FURTHER INFORMATION CONTACT: Dr. John H. Blackwell, Senior Staff 
    Microbiologist, Import-Export Products Staff, National Center for 
    Import-Export, VS, 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).
        The government of Spain has requested that the regulations be 
    amended to allow 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. To 
    produce these dry-cured pork products, cuts of raw pork from certain 
    breeds of swine are subjected to controlled curing and long-term 
    drying.
        Under current regulations, these kinds of dry-cured pork products 
    are not allowed to be imported into the United States from any country 
    infected with FMD, rinderpest, ASF, HC, or SVD (see Secs. 94.4, 94.8, 
    94.9, and 94.12, respectively). Spain is infected with ASF and SVD. 
    Therefore, products such as these may not currently be imported into 
    the United States from Spain.
        We have carefully considered the Spanish government's request. To 
    that end, in cooperation with the Ministry of Agriculture, Fisheries, 
    and Nutrition of Spain and other agencies within the United States 
    Department of Agriculture (the Department), we have conducted research 
    concerning the procedures currently used in Spain to manufacture these 
    types of dry-cured pork products. This research has demonstrated that 
    dry-cured pork products processed in accordance with our proposed 
    regulations would be free of the viruses of FMD, rinderpest, ASF, HC, 
    and SVD, and could be imported into the United States from countries 
    where FMD, rinderpest, ASF, HC, or SVD exists, without any significant 
    risk of these diseases being introduced into the United States.
        Therefore, we are proposing to amend current Sec. 94.17, which 
    governs the importation of certain dry-cured hams, to allow the 
    importation of these additional types of dry-cured hams, pork 
    shoulders, and pork loins.
        We propose to add requirements to allow dry-cured pork products 
    from swine of specified breeds to be imported into the United States 
    if, among other things, they are processed in a specified manner.
        The proposed requirements specify steps for the controlled drying 
    of Serrano hams, Iberian hams, Iberian shoulders, and Iberian pork 
    loins. These steps have been shown to inactivate the viral agents of 
    FMD, rinderpest, ASF, HC, and SVD.
        Product differences account for the different processing 
    requirements proposed for Serrano hams, Iberian hams, Iberian pork 
    shoulders, and Iberian pork loins. These processing requirements 
    satisfy the technical need to inactivate viral agents without 
    disrupting the nonregulatory processing steps (such as salting and 
    curing) that produce the distinctive flavor, color, and texture of each 
    dry-cured pork product.
        The Department's Foreign Animal Disease Diagnostic Laboratory 
    (FADDL) has tested the dry-cured pork product processing procedures 
    specified in the proposed regulations. The testing by FADDL1 has 
    demonstrated that the processing procedures set forth in proposed 
    Secs. 94.17(i)(2) through (i)(5) are adequate to destroy the viruses of 
    FMD, rinderpest, ASF, HC, and SVD that might have been present in the 
    pork prior to processing. Testing was limited to Serrano hams, Iberian 
    hams, Iberian pork shoulders, and Iberian pork loins as requested by 
    the Spanish government; comparable tests to evaluate the virucidal 
    effectiveness of processing procedures for other dry-cured pork 
    products have not been performed. Therefore, the proposed regulations 
    refer only to Serrano hams, Iberian hams, Iberian shoulders, and 
    Iberian pork loins.
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        \1\Laboratory results can be obtained from Dr. Charles A. Mebus, 
    Foreign Animal Disease Diagnostic Laboratory, NVSL, VS, APHIS, USDA, 
    Plum Island Animal Disease Center, P.O. Box 844, Greenport, NY 
    11944.
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        In accordance with the tests conducted by FADDL, proposed 
    Sec. 94.17(m)(2) requires that Serrano hams come only from breeds of 
    large white pigs, including, but not limited to, Landrace, Pietrain, 
    Duroc, Jersey, Hampshire, and Yorkshire breeds and crosses of such 
    breeds. Similarly, proposed Secs. 94.17(m)(3), (4), and (5) provide 
    that Iberian hams, Iberian shoulders, and Iberian pork loins come from 
    the Iberico breed of black pigs. Different breeds of swine differ 
    physiologically, and these differences affect the way viruses present 
    in meat from different breeds respond to processing. Therefore, the 
    proposed regulations apply only to hams, shoulders, and pork loins from 
    the specified swine breeds.
        We are also proposing to make certain amendments to the other 
    requirements in current Sec. 94.17. We are proposing to amend 
    paragraphs (a) through (g), and paragraphs (k), (l), and (n) to 
    indicate that the requirements in those paragraphs would also apply to 
    these additional dry cured pork products. Paragraphs (a) through (c) 
    concern the origin and source of the swine from which the pork products 
    were made; paragraph (d) requires certain documents to accompany the 
    swine to the processing establishment; and paragraphs (e) through (g), 
    (k), (l), and (n) pertain to the establishment where the pork products 
    were processed, including operating requirements, recordkeeping and 
    inspection requirements, and trust fund requirements.
        We are proposing to amend paragraphs (h) and (j) of current 
    Sec. 94.17 to provide handling procedures and marking requirements for 
    these additional dry-cured pork products. The proposed handling 
    procedures and marking requirements are substantially the same as those 
    that apply to the dry-cured hams covered by current Sec. 94.17. As 
    discussed above, the differences among the specific provisions proposed 
    for each dry-cured pork product are attributable to the unique 
    qualities of flavor and texture achieved through a combination of raw 
    pork products and individual processing techniques (recipes). The 
    distinctive qualities that distinguish Iberian pork shoulders and loins 
    from other shoulders and loins, Iberian hams from Serrano hams, and 
    these hams from other dry-cured hams, are achieved through such 
    combinations. Room temperature, relative humidity, salting, curing 
    time, and other aspects of processing contribute to the products known 
    as Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork 
    loins.
        Also, we are proposing to add a heading to redesignated 
    Sec. 94.17(i)(1) to clarify that the processing requirements set forth 
    in that paragraph apply to ``Italian-type hams.'' Proposed new 
    paragraph Sec. 94.17(i)(2) sets forth the proposed processing 
    requirements for Serrano hams, and proposed Sec. 94.17(i)(3) sets forth 
    the proposed processing requirements for Iberian hams. As discussed 
    above, these proposed requirements are based on testing by FADDL that 
    found them adequate to destroy the viruses of FMD, rinderpest, ASF, HC, 
    and SVD. A key finding by FADDL is that to ensure destruction of the 
    SVD virus, the total processing time for Serrano and Iberian hams must 
    be extended to 560 days. Therefore, we propose a minimum processing 
    time for Serrano hams of 190 days for countries where SVD does not 
    occur, and 560 days for countries where SVD occurs. Similarly, for 
    Iberian hams we propose a minimum processing time of 365 days for 
    countries where SVD does not occur, and 560 days for countries where 
    SVD occurs.
        We are also proposing to revise Secs. 94.17(h), (i), (j), and (o) 
    to make their provisions applicable to the hams covered by this 
    proposal, and to simplify their language. These paragraphs currently 
    contain several requirements for Italian-type hams, described below, 
    that we propose to make applicable to Serrano hams and Iberian hams as 
    well, because FADDL testing indicates the requirements effectively 
    control viruses of FMD, rinderpest, ASF, HC, and SVD.
        Section 94.17(h), in both its current and revised forms, basically 
    requires that workers who handle fresh pork in the processing 
    establishment must shower and put on a full set of clean clothes, or 
    wait 24 hours, before handling hams, pork shoulders, or pork loins that 
    have progressed in the aging/curing process. This requirement prevents 
    the transmission, via workers or their clothes, of viruses of FMD, 
    rinderpest, ASF, HC, and SVD the workers might carry from fresh pork to 
    hams that have already completed part of the process to destroy these 
    viruses.
        Section 94.17(i) currently contains a requirement that Italian-type 
    hams may not come in contact during processing with any meat or animal 
    product except for pork fat treated to at least 76  deg.C (168.8 
    deg.F), which may be placed over the meat during curing. This heat 
    treatment destroys viruses of concern. We propose to make this 
    restriction applicable to Serrano hams and Iberian hams as well, to 
    prevent the possible transmission of viruses from other types of meat 
    or animal products.
        Section 94.17(j) currently contains requirements that Italian-type 
    hams must be marked with the identifying number of the slaughtering 
    establishment, the identifying number of the processing establishment, 
    and the date processing began. These markings assist us in ensuring 
    that imported hams came from approved establishments and were processed 
    for the required time periods. We propose to add new paragraphs (j)(2) 
    and (j)(3) with similar requirements for Serrano hams and Iberian hams.
        Section 94.17(o) currently contains a requirement that imported 
    Italian-type hams must be accompanied by a certificate documenting that 
    the ham was processed for at least 400 days and that all provisions of 
    the regulations have been met. This requirement enhances enforcement of 
    the regulations and simplifies activities at the port of arrival. We 
    propose to make this certificate requirement applicable to Serrano hams 
    and Iberian hams as well, and to specify that the certificate must 
    accurately record a minimum processing time of 400 days for Italian-
    type hams, 190 days for Serrano hams (560 days if from a country where 
    SVD exists), and 365 days for Iberian hams (560 days if from a country 
    where SVD exists). These minimum processing times are consistent with 
    the standards in proposed Sec. 94.17(i).
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This proposed rule has been reviewed under Executive Order 12866 
    and been determined not significant for purposes of Executive Order 
    12866. Therefore, this proposed rule has not been reviewed by the 
    Office of Management and Budget.
        The Animal and Plant Health Inspection Service (APHIS) estimates 
    that if these proposed regulations are adopted, between 5-15 metric 
    tons of dry-cured hams, pork shoulders, and pork loins would be 
    imported into the United States during the first year of importation. 
    Products imported in accordance with the regulations would have an 
    approximate retail value of $352,500-$1,057,500. In Spain, these 
    products sell for approximately $32 per pound. We anticipate the price 
    per pound in the United States would be higher.
        Over the next decade, we estimate annual imports would 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 would 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 would 
    average between $33-$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 which would be allowed 
    to be imported into the United States under the proposed regulations 
    are not produced in the United States. Certain dry-cured pork products 
    produced in Virginia do resemble, in appearance, the products we 
    propose to allow 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 would 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 imports of dry-cured 
    pork products imported under the current regulations were approximately 
    429 metric tons. 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 as would be allowed under these proposed 
    regulations 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 would 
    not have a significant economic impact on a substantial number of small 
    entities.
    
    Executive Order 12778
    
        This proposed rule has been reviewed under Executive Order 12778, 
    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 the Paperwork Reduction Act of 1980 (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. Please send written comments to the 
    Office of Information and Regulatory Affairs, OMB, Attention: Desk 
    Officer for APHIS, Washington, DC 20503. Please send copies of your 
    comments to:
        (1) Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, 
    room 804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, 
    and
        (2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and 
    Independence Avenue SW., Washington, DC 20250.
    
    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, we are proposing to amend 9 CFR part 94 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 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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
    
    
    Sec. 94.17  [Amended]
    
        2. Section 94.17 would be amended as follows:
        a. The heading would be revised as set forth below.
        b. The introductory text would be amended by adding ``dry-cured'' 
    before ``ham'' and by adding ``, pork shoulder, or pork loin'' after 
    ``ham''.
        c. Paragraphs (a), (b), (c), (d), (e), (f), (g), (k), (l), and (n) 
    would each be amended by adding ``dry-cured'' before ``ham'' and by 
    adding ``, pork shoulder, or pork loin'' after ``ham''each place it 
    appears.
        d. Paragraphs (f) and (g) would each be amended by adding ``dry-
    cured'' before ``hams'', and by adding ``, pork shoulders, or pork 
    loins'' after ``hams''each place it appears.
        e. Paragraph (h) would be revised as set forth below.
        f. Paragraph (i) would be redesignated as paragraph (i)(1) and at 
    the beginning of the sentence, before the word ``The'', the heading 
    ``Italian-type hams.'' would be added; at the end of the paragraph, 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;'' would be removed and a period would be 
    added in its place.
        g. In paragraph (i), introductory text and paragraphs (i)(2), 
    (i)(3), (i)(4), and (i)(5) would be added to read as set forth below.
        h. Paragraph (j) would be redesignated as paragraph (j)(1), and 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,'' would be added.
        i. New paragraphs (j)(2) and (j)(3) would be added to read as set 
    forth below.
        j. Paragraph (m) would be redesignated as paragraph (m)(1), and 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,'' would be added.
        k. In paragraph (m), introductory text and paragraphs (m)(2), 
    (m)(3), (m)(4), and (m)(5) would be added to read as set forth below.
        l. Paragraph (o) would be revised to read as set forth below. The 
    additions and revisions read as follows:
    
    
    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.
    
    * * * * *
        (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 paragraph (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) After slaughter, the ham was frozen to -40  deg.C (-40  deg.F) 
    and held at a temperature no higher than -18  deg.C (-0.4  deg.F) for a 
    minimum of 30 days;
        (ii) The ham was thawed in a chamber with relative humidity between 
    70 and 80 per cent, 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;
        (iii) 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 85 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;
        (iv) The ham was rinsed with water and/or brushed to remove any 
    remaining surface salt;
        (v) 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;
        (vi) 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;
        (vii) 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. In 
    a country where SVD 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) After slaughter, the ham was frozen to -40  deg.C (-40  deg.F) 
    and held at a temperature no higher than -18  deg.C (-0.4  deg.F) for 
    at least 30 days;
        (ii) The ham was thawed in a chamber with relative humidity between 
    70 and 80 per cent, 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;
        (iii) 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 70 and 80 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;
        (iv) The ham was rinsed with water and/or brushed to remove any 
    remaining surface salt;
        (v) 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;
        (vi) 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;
        (vii) 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;
        (viii) 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. In 
    a country where SVD 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) After slaughter, the pork shoulder was frozen to -40  deg.C 
    (-40  deg.F) and held at a temperature no higher than -18  deg.C (-0.4 
    deg.F) for at least 30 days;
        (ii) The pork shoulder 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;
        (iii) 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;
        (iv) The pork shoulder was rinsed with water and/or brushed to 
    remove any remaining surface salt;
        (v) 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;
        (vi) 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;
        (vii) 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;
        (viii) 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) After slaughter, the pork loin was frozen to -40  deg.C (-40 
    deg.F) and held at a temperature no higher than -18  deg.C (-0.4 
    deg.F) for at least 30 days;
        (ii) The pork loin 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;
        (iii) 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 85 percent and 
    a temperature of 3  deg.C to 4  deg.C (37.4  deg.F to 39.2  deg.F) for 
    72 hours;
        (iv) 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;
        (v) 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;
        (vi) 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; bears a tamper-
    proof plastic tag, tightly fitted around the hock, that states the 
    month and year that the ham or pork shoulder entered the processing 
    establishment; 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 (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 which has remained 
    intact throughout transportation and processing, and bears a tamper-
    proof plastic tag, tightly fitted at one end, with the date the loin 
    was placed in the pickle preparation under the supervision of a person 
    authorized to supervise such activity by the veterinary services 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 black 
    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 black 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 black 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 processed for a minimum of 190 days or, if processed in 
    a country where SVD exists, for a minimum of 560 days;
        (iii) Is an Iberian ham processed under paragraph (i)(3) of this 
    section, it was processed for a minimum of 365 days or, if processed in 
    a country where SVD exists, for a minimum of 560 days;
        (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 7th day of April 1994.
    Patricia Jensen,
    Acting Assistant Secretary, Marketing and Inspection Services.
    [FR Doc. 94-9029 Filed 4-14-94; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Published:
04/15/1994
Department:
Animal and Plant Health Inspection Service
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-9029
Dates:
Consideration will be given only to comments received on or before June 14, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 15, 1994, Docket No. 92-067-1
RINs:
0579-AA50
CFR: (3)
9 CFR 94.17(i)(1)
9 CFR 94.17(m)(2)
9 CFR 94.17