[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15837]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 318, 319, 325 and 381
[Docket No. 90-010F]
Incorporation by Reference; Updating of Text
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: This document amends the Federal meat and poultry products
inspection regulations to update references to the ``Official Methods
of Analysis of the Association of Official Analytical Chemists (AOAC)''
Book of Methods. The 15th edition of this AOAC publication was
published in 1990, after its previous incorporation by reference in
certain sections of the Federal meat and poultry products inspection
regulations. The AOAC's page numbers have changed and therefore the
citations in the Federal meat and poultry products inspection
regulations also need to be changed. To make it easier for the reader
to find the referenced analytical methods in past editions and the
current edition of this AOAC publication, the new citations in the
regulations reflect the chapters where the referenced methods can be
found in this AOAC publication, rather than the page numbers.
EFFECTIVE DATE: June 30, 1994.
FOR FURTHER INFORMATION CONTACT: Paula M. Cohen, Director, Regulations
Development, Policy, Evaluation and Planning Staff, Food Safety and
Inspection Service, U.S. Department of Agriculture, Washington, DC
20250, (202) 720-7163.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule: (1) preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Effect on Small Entities
The Administrator, FSIS, has determined that this final rule will
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 final rule updates references to a publication previously approved
for incorporation by reference and changes cites for referenced
analytical methods from page numbers to chapters.
Background
Title 1 of the Code of Federal Regulations (1 CFR Part 51) requires
that an Agency seeking approval of a change to a publication that is
approved for incorporation by reference in the Code of Federal
Regulations publish notice of the change in the Federal Register and
amend the Code of Federal Regulations. The Agency must also ensure that
a copy of the amendment or revision is on file at the Office of the
Federal Register and notify the Director of the Federal Register in
writing that the change is being made.
The 15th edition of the AOAC's ``Book of Methods'' for various
kinds of chemical analyses was published in 1990. Certain sections of
the Federal meat and poultry products inspection regulations containing
references to this AOAC publication refer the reader to page numbers in
the previous edition. Therefore, these page numbers are not accurate
for the current edition of this AOAC publication. Also, some methods
included in the 15th edition are not fully set out in it, but are
included only by reference to previous editions. Such methods can be
found in their entirety in the 10th, 11th, 12th, 13th and/or 14th
editions, which are not obsolete and should not be destroyed.
To make it easier for the reader to find the referenced analytical
methods in past editions and the current edition of this AOAC
publication, FSIS is amending its regulations to cite the chapters,
rather than the page numbers, where the referenced AOAC analytical
methods can be found in any edition of this AOAC publication.
This publication has been previously approved for incorporation by
reference. Therefore, it is found upon good cause that public
participation in this rulemaking procedure is impracticable and
unnecessary, and good cause is found for making the amendment effective
less than 30 days after publication in the Federal Register (5 U.S.C.
553). A copy of the 1990 edition of the ``Official Methods of Analysis
of the Association of Official Analytical Chemists'' is on file at the
Office of the Federal Register. Copies of this publication may be
purchased directly from the AOAC at the address noted below.1
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\1\Association of Official Analytical Chemists, Inc., 2200
Wilson Boulevard, Suite 400, Arlington, Virginia 22201.
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List of Subjects
9 CFR Part 318
Accredited laboratory program, Cured pork products, Incorporation
by reference, Meat inspection.
9 CFR Part 319
Incorporation by reference, Food labeling, Margarine and
oleomargarine, Meat and meat food products, Meat inspection,
Mechanically separated (species), Standards of identity or composition.
9 CFR Part 325
Incorporation by reference, Denaturing procedures, Meat inspection.
9 CFR Part 381
Accredited laboratory program, Incorporation by reference, Poultry
products inspection.
For the reasons set out in the preamble, 9 CFR parts 318, 319, 325,
and 381 are amended as set forth below.
PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND
PREPARATION OF PRODUCTS
1. The authority citation for part 318 continues to read as
follows:
Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.17, 2.55.
2. Section 318.19(b) is amended by adding two sentences after the
first sentence and moving and revising footnote number 1 to read as
follows:
Sec. 318.19 Compliance procedure for cured pork products.
* * * * *
(b) Normal Compliance Procedures. * * * Analyses shall be conducted
in accordance with the ``Official Methods of Analysis of the
Association of Official Analytical Chemists Secs. 950.46 and 928.08
(Chapter 39).2 The ``Official Methods of Analysis of the
Association of Official Analytical Chemists,'' 15th edition, 1990, is
incorporated by reference with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.*
* *
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\2\A copy of the ``Official Methods of Analysis of the
Association of Official Analytical Chemists,'' 15th edition, 1990,
is on file with the Director, Office of the Federal Register, and
may be purchased from the Association of Official Analytical
Chemists, Inc., 2200 Wilson Boulevard, Suite 400, Arlington,
Virginia 22201.
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* * * * *
3. Section 318.21(a) is amended by revising the definition of ADAC
methods and the footnote as follows:
Sec. 318.21 Accreditation of chemistry laboratories.
(a) * * *
AOAC methods--Methods of chemical analysis, Chapter 39, Association
of Official Analytical Chemists (AOAC), published in the ``Official
Methods of Analysis of the Association of Official Analytical
Chemists,'' 15th edition, 1990.1 The ``Official Methods of
Analysis of the Association of Official Analytical Chemists,'' 15th
edition, 1990, is incorporated by reference with the approval of the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
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\1\A copy of the ``Official Methods of Analysis of the
Association of Official Analytical Chemists,'' 15th edition, 1990,
is on file with the Director, Office of the Federal Register, and
may be purchased from the Association of Official Analytical
Chemists, Inc., 2200 Wilson Boulevard, Suite 400, Arlington,
Virginia 22201.
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* * * * *
4. Section 318.21(b)(3)(viii) and footnote number 4 are revised to
read as follows:
Sec. 318.21 Accreditation of chemistry laboratories.
* * * * *
(b) * * *
(3) * * *
(viii) Use official AOAC methods4 on official and check
samples. The ``Official Methods of Analysis of the Association of
Official Analytical Chemists,'' 15th edition, 1990, is incorporated by
reference with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
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\5\A copy of the ``Official Methods of Analysis of the
Association of Analytical Chemists,'' 15th edition, 1990, is on file
with the Director, Office of the Federal Register, and may be
purchased from the Association of Official Analytical Chemists,
Inc., 2200 Wilson Boulevard, Suite 400, Arlington, Virginia 22201.
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* * * * *
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
5. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.17, 2.55.
6. Section 319.5 (e)(2) is amended by revising the ninth sentence
to read as follows:
Sec. 319.5 Mechanically Separated (Species).
* * * * *
(e) * * *
(2) * * * Finished product samples shall be analyzed in accordance
with ``Official Methods of Analysis of the Association of Official
Analytical Chemists,'' (AOAC), 15th edition, 1990, Secs. 960.39,
976.21, 928.08 (Chapter 39), and 940.33 (Chapter 45), which is
incorporated by reference, or if no AOAC method is available, in
accordance with the ``Chemistry Laboratory Guidebook,'' U.S. Department
of Agriculture, Washington, DC, March 1986 edition, sections 6.011-
6.013, Revised June 1987 (pages 6-35 through 6-65). The ``Official
Methods of Analysis of the Association of Official Analytical
Chemists,'' 15th edition, 1990, is incorporated by reference with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR Part 51.* * *
* * * * *
7. Section 319.700(a) is amended by revising the first sentence and
footnote number 2 to read as follows:
Sec. 319.700 Margarine or oleomargarine.1
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\1\Insofar as the standard contains provisions relating to
margarine or oleomargarine which do not contain any meat food
products, such provisions merely reflect the applicable standard
under the Federal Food, Drug, and Cosmetic Act.
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(a) Margarine or oleomargarine is the food in plastic form or
liquid emulsion, containing not less than 80 percent fat determined by
the method prescribed under Sec. 938.06 (Chapter 33) of the ``Indirect
Methods'' in ``Official Methods of Analysis of the Association of
Official Analytical Chemists'', 15th edition, 1990.2 The
``Official Methods of Analysis of the Association of Official
Analytical Chemists,'' 15th edition, 1990, is incorporated by reference
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.* * *
---------------------------------------------------------------------------
\2\A copy of the ``Official Methods of Analysis of the
Association of Official Analytical Chemists,'' 15th edition, 1990,
is on file with the Director, Office of the Federal Register, and
may be purchased from the Association of Official Analytical
Chemists, Inc., 2200 Wilson Boulevard, Suite 400, Arlington,
Virginia 22201.
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* * * * *
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
8. The authority citation for Part 381 continues to read as
follows:
Authority: 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 2.17, 2.55.
9. Section 381.153(a) is amended by revising the definition of AOAC
methods and the footnote to read as follows:
Sec. 381.153 Accreditation of chemistry laboratories.
(a) * * *
AOAC methods--Methods of chemical analysis, Chapter 39, Association
of Official Analytical Chemists published in the ``Official Methods of
Analysis of the Association of Official Analytical Chemists'', 15th
edition 1990.1 The ``Official Methods of Analysis of the
Association of Official Analytical Chemists,'' 15th edition, 1990, is
incorporated by reference with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
\1\A copy of the ``Official Methods of Analysis of the
Association of Analytical Chemists,'' 15th edition, 1990, is on file
with the Director, Office of the Federal Register, and may be
purchased from the Association of Official Analytical Chemists, 2200
Wilson Boulevard, Suite 400, Arlington, Virginia 22201. 15th
edition, 1990, is incorporated by reference with the approval of the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
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* * * * *
10. Section 381.153(b)(3)(viii) is amended by revising footnote
number 4 and amending paragraph (b)(3)(viii) to read as follows:
* * * * *
(b) * * *
(3) * * *
(viii) Use official AOAC methods4 on official and check
samples. The ``Official Methods of Analysis of the Association of
Official Analytical Chemists,'' 15th edition, 1990, is incorporated by
reference with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
\4\A copy of the ``Official Methods of Analysis of the
Association of Analytical Chemists,'' 15th edition, 1990, is on file
with the Director, Office of the Federal Register, and may be
purchased from the Association of Official Analytical Chemists,
Inc., 2200 Wilson Boulevard, Suite 400, Arlington, Virginia 22201.
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* * * * *
Done at Washington, DC, on: June 22, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-15837 Filed 6-29-94; 8:45 am]
BILLING CODE 3410-DM-P
