[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19685-19686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9665]
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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. 60, No. 76 / Thursday, April 20, 1995 /
Proposed Rules
[[Page 19685]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 94-027P]
RIN 0583-AB84
Transporting Undenatured Poultry Feet to Other Establishments for
Processing Prior to Export
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the poultry products inspection regulations to permit the
transportation of undenatured poultry feet from one federally inspected
poultry establishment to another establishment for further processing
before the feet are exported. Establishments would be permitted to ship
undenatured poultry feet to another establishment for export provided
that the receiving establishment maintains records that identify the
incoming undenatured poultry feet, their source, and their location at
all times during processing. The receiving establishment would be
required to certify in writing that the poultry feet have not been, nor
will be, commingled with other products intended for human consumption
within the United States. We are initiating this rulemaking in response
to a petition submitted to the Agency by DanD Food Marketing, Inc.,
Springfield, MO.
DATES: Comments must be received on or before June 19, 1995.
ADDRESSES: Submit written comments in triplicate to Diane Moore, Docket
Clerk, U.S. Department of Agriculture, Food Safety and Inspection
Service, Room 3171-S, Washington, DC 20250-3700. Please refer to docket
number 94-027P in your comments. Any person desiring an opportunity for
oral presentation of views as provided under the Poultry Products
Inspection Act should contact Dr. Paula M. Cohen at (202) 720-7164 so
that arrangements can be made. All comments submitted in response to
this proposal will be available for public inspection in the Docket
Clerk's Office between 8:30 a.m. and 1:00 p.m., and 2:00 p.m. and 4:30
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Dr. Paula M. Cohen, Director,
Regulations Development, Policy, Evaluation and Planning Staff, Food
Safety and Inspection Service, U.S. Department of Agriculture,
Washington, DC 20250-3700; (202) 720-7164.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Poultry Products Inspection Act (21 U.S.C. 458)
prohibits the sale, [or] transportation, * * * from an official
establishment, [of] any slaughtered poultry from which the * * * feet *
* * have not been removed * * * except as may be authorized by
regulations of the Secretary. Section 381.147(b) of the poultry
products inspection regulations (9 CFR 381.147(b)) permits the
processing of poultry feet for use as human food when handled in a
manner approved by the [FSIS] Administrator in specific cases. 9 CFR
381.190(b) permits poultry feet collected and handled in an acceptable
manner at an official establishment to be shipped from the official
establishment and in commerce directly for export for further
processing as human food, if they have been examined, found to be
suitable for such purpose, and labeled as prescribed.
In 1994, DanD Food Marketing, Inc., Springfield, MO, a poultry
slaughterer and processor, petitioned FSIS to amend the poultry
products inspection regulations to permit the transportation of
undenatured poultry feet from one or more establishments to another
establishment, where the feet would be further processed for export.
The petitioner provided FSIS with documents that set forth the
procedures and safeguards that would be used by the receiving
establishment when handling and processing the undenatured poultry
feet. FSIS has reviewed the information submitted by the petitioner and
has determined that the proposed procedures would ensure that the
undenatured poultry feet are neither diverted to nor commingled with
any product intended for domestic use.
The foreign demand for poultry feet continues to increase. However,
as currently written, 9 CFR 381.190(b) does not permit an exporter of
poultry feet to ship undenatured product from one slaughter
establishment to a central establishment for processing before export.
To prevent the possible commingling of the poultry feet with poultry
products intended for domestic consumption, exporters must ship the
poultry feet directly overseas from the original slaughter
establishment. As a result, it is difficult for the exporters to keep
up with the foreign demand for the poultry feet due to a lack of space
and manpower in some slaughter establishments. As long as the
establishment official at the receiving processing establishment
remains accountable for the location of the poultry feet at all times
before their export, this proposal would allow them to use a central
establishment for pre-export processing. Furthermore, when poultry feet
are handled in accordance with 9 CFR 381.190(c), sanitary
transportation conditions are maintained, and the possibility of the
product becoming contaminated or adulterated while en route to another
establishment for processing prior to export is minimized. Therefore,
we are proposing to amend the regulations to allow the transportation
of undenatured poultry feet from one or more establishments to another
official establishment for further processing before export.
Section 381.175(a) of the poultry products inspection regulations
requires that every person, firm, or corporation engaged in certain
activities related to poultry production and distribution maintain
records which fully and correctly disclose all transactions involved in
the business. Section 381.175(b) details the kinds of records that must
be maintained, but does not specify the format for such recordkeeping.
``Transactions'' have been traditionally interpreted by FSIS to be
sales, purchases, transportation, receipt, or handling of poultry
products that would demonstrate the sources of the poultry products.
This proposal would require those processing establishments that
receive undenatured poultry feet from slaughter establishments for
further processing [[Page 19686]] before export overseas to maintain
records that identify the incoming product, i.e, poultry feet, and
their source, and identify the location of the product at all times
during the processing and preparation for export. In addition, an
establishment official would certify that the poultry feet have not
been and will not be commingled with any products intended for human
consumption within the United States.
These recordkeeping requirements would enable FSIS and the
receiving processing establishments to accurately identify and locate
the undenatured poultry feet intended for export while still in the
central establishment. FSIS could then determine that the product has
not been commingled with any products intended for domestic
consumption.
Executive Order 12866
This proposed rule has been determined to be not significant and
therefore has not been reviewed by the Office of Management and Budget.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. States and local jurisdictions are preempted
under the Poultry Products Inspection Act (PPIA) from imposing any
marking or packaging requirements on federally inspected poultry
products that are in addition to, or different than, those imposed
under the PPIA. States and local jurisdictions may, however, exercise
concurrent jurisdiction over poultry products that are outside official
establishments for the purpose of preventing the distribution of
poultry products that are misbranded or adulterated under the PPIA, or,
in the case of imported articles, which are not at such an
establishment, after their entry into the United States. Under the
PPIA, States that maintain poultry inspection programs must impose
requirements on State inspected products and establishments that are at
least equal to those required under the PPIA. These States may,
however, impose more stringent requirements on such State inspected
products and establishments.
This proposed rule is not intended to have retroactive effect.
There are no applicable administrative procedures that must be
exhausted prior to any judicial challenge to the provisions of this
proposed rule. However, the administrative procedures specified in 9
CFR 381.35 must be exhausted prior to any judicial challenge of the
application of the provisions of this proposed rule, if the challenge
involves any decision of an FSIS employee relating to inspection
services provided under the PPIA.
Effect on Small Entities
The Administrator has made an initial determination that this
proposed rule would not have a significant economic impact on a
substantial number of small entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601). This proposal would require
establishments that receive undenatured poultry feet for processing
prior to export to record the source of the incoming product, identify
its location at all times during processing and preparation for export,
and certify that the product has not been, nor will be, commingled with
any product intended for domestic use. While some establishments may
have to change their current recordkeeping practices and make changes
to their production practices to accommodate the proposed recordkeeping
requirements, no significant economic impact would be imposed on the
establishments.
Paperwork Requirements
Under this proposed rule, receiving poultry processing
establishments would be required to maintain records that indicate the
source of the incoming undenatured poultry feet, and track the poultry
feet through processing and preparation for export. In addition, an
official of the receiving establishment would certify in writing that
the feet have not been, nor will be, commingled with any product
intended for consumption in the United States. Establishments would
develop their own systems for gathering and maintaining this
information. These recordkeeping requirements have been submitted to
the Office of Management and Budget for approval under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 381
Exports, Poultry and poultry products, Reporting and recordkeeping
requirements, Transportation.
For the reasons set forth in the preamble, FSIS is proposing to
amend 9 CFR part 381 as follows:
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
1. The authority citation for part 381 would continue to read as
follows:
Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR
2.17, 2.55.
2. Section 381.190 would be amended by revising the phrase ``in
subpart C or T'' in the first sentence of paragraph (b) to read ``in
this subsection and subpart C or T'' and disignating that sentence as
paragraph (b)(1); revising the second sentence and designating it and
the final two sentences of paragraph (b) as paragraph (b)(2), and
adding a new paragraph (b)(3) to read as follows:
Sec. 381.190 Transactions in slaughtered poultry and other poultry
products restricted; vehicle sanitation requirements.
* * * * *
(b)(1) * * *
(2) Poultry heads and feet that are collected and handled at an
official establishment in an acceptable manner may be shipped from the
official establishment directly for export as human food, if they have
been examined and found to be suitable for such purpose, by an
inspector and are labeled as prescribed in this paragraph. * * *
(3) Poultry heads and feet that are collected and handled at an
official establishment in an acceptable manner may be shipped from the
official establishment and in commerce directly to another official
establishment for processing before export, provided the receiving
establishment maintains records that:
(i) Identify the source of the incoming undenatured poultry feet;
(ii) Identify the location of the product at all times during
processing and preparation for export; and
(iii) Contain a written certification from an official of the
receiving establishment that the undenatured poultry feet intended for
export have not been, and will not be, commingled with any product
intended for consumption in the United States. The receiving
establishment may only ship the undenatured poultry feet intended for
export in accordance with the inspection and labeling requirements of
paragraph (b)(2) of this section.
* * * * *
Dated: April 12, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-9665 Filed 4-19-95; 8:45 am]
BILLING CODE 3410-DM-P
