[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Rules and Regulations]
[Pages 29986-29987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13885]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 1220
[Docket No. 95N-0120]
Regulations Under the Tea Importation Act; Tea Standards
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is announcing the
establishment of tea standards for the year beginning May 1, 1995, and
ending April 30, 1996. The tea standards are provided for under the Tea
Importation Act (the Act). The Act prohibits the importation of a tea
that is inferior to the annual tea standard. Under the Act, the
importation of a tea may be withheld until FDA examines the tea and is
sure that it complies with the annual standard.
DATES: Effective May 1, 1995; written comments by July 7, 1995.
ADDRESSES: Submit written comments to the Docket Management Branch
(HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr.,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Michelle A. Smith, Center for Food
Safety and Applied Nutrition (HFS-158), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-205-5099.
SUPPLEMENTARY INFORMATION: Because of the unique nature of the
decisionmaking process for establishing annual standards for tea, the
procedural protections that are part of this process, and the short
period within which standards must be set, FDA has never, since the
enactment in 1897 of the Act (21 U.S.C. 41), used notice and comment
rulemaking for tea standards.
Each final rule setting the standards is based on the
recommendations of the Board of Tea Experts (the board), which is
comprised of tea experts who are representative of the tea trade. The
board selects standards each year according to the provisions of the
Act. The board bases its selection on tea samples submitted by members
of the tea trade to the board. Relying primarily on organoleptic
examination, the board selects one tea to represent the standard for
each major type of tea imported into the United States. In choosing a
standard, the board tries to select one at least equal in quality to
that of the previous year. The Act prohibits the importation of a tea
that is inferior to the annual tea standard. Under the Act, the
importation of a tea may be withheld until FDA examines the tea and is
sure that it complies with the annual standard.
The annual meeting of the board is open to the public and is
announced in advance in the Federal Register. At the annual meeting any
interested person may present data, information, or views orally or in
writing regarding new standards.
The annual tea standards are prepared and submitted to the
Secretary of Health and Human Services by the board (21 CFR 1220.41).
Should a tea importer be dissatisfied with an FDA tea examiner's
rejection of a shipment of tea, the importer can refer its complaint to
the U.S. Board of Tea Appeals and then to the U.S. Court of Appeals.
FDA is unaware of any complaints or arguments having ever occurred
concerning a designated standard, despite the many years since the
enactment of the Act.
FDA concludes that notice and comment rulemaking to set tea
standards is impracticable, contrary to the public interest, and
unnecessary by virtue of the factors discussed above, i.e., the unique,
longstanding procedures that apply to establishing a standard, the fact
that standards are based principally on organoleptic examinations by
tea experts, the public participation opportunities already provided,
and the timeframes required for issuing annual standards. Hence, the
agency is not following notice and comment rulemaking procedures in
establishing the final tea standards for 1995.
Environmental Impact
The agency has determined under 21 CFR 25.24(b)(1) that this action
is of a type that does not individually or cumulatively have a
significant impact on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
Analysis of Impacts
FDA has examined the impacts of the final rule under Executive
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354).
Executive Order 12866 directs agencies to assess all costs and benefits
of available regulatory alternatives and, when regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The agency believes that
this final rule is consistent with the regulatory philosophy and
principles identified in the Executive Order. In addition, the final
rule is not a significant regulatory action as defined by the Executive
Order and so is not subject to review under the Executive Order.
The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because the tea standards, used by buyers for the
U.S. market, protect consumers, importers, and sellers from acceptance
of teas that are inferior in purity, quality, and fitness for
consumption, the agency certifies that the final rule will not have a
significant economic impact on a substantial number of small entities.
Therefore, under the Regulatory Flexibility Act, no further analysis is
required.
Interested persons may, on or before July 7, 1995, submit to the
Dockets Management Branch (address above) written comments regarding
this regulation. Two copies of any comments are to be submitted, except
that individuals may submit one copy. Comments are to be identified
with the docket number found in brackets in the heading of this
document. Received comments may be seen in the office above between 9
a.m. and 4 p.m., Monday through Friday. Any changes in this regulation
justified by such comments will be the subject of a further amendment.
List of Subjects in 21 CFR Part 1220
Administrative practice and procedure, Customs duties and
inspection, Imports, Public health, Tea.
Therefore, under the authority delegated to the Secretary of Health
and Human Services by the Tea Importation Act and under authority
delegated to the Commissioner of Food and Drugs, 21 CFR part 1220 is
amended as follows: [[Page 29987]]
PART 1220--REGULATIONS UNDER THE TEA IMPORTATION ACT
1. The authority citation for 21 CFR part 1220 continues to read as
follows:
Authority: 21 U.S.C. 41-50; 19 U.S.C. 1311.
2. Section 1220.40 is amended by revising paragraph (a) to read as
follows:
Sec. 1220.40 Tea standards.
(a) Samples for standards of the following teas, prepared,
identified, and submitted by the Board of Tea Experts on February 28,
1995, are hereby fixed and established as the standards of purity,
quality, and fitness for consumption under the Tea Importation Act for
the year beginning May 1, 1995, and ending April 30, 1996:
(1) Black Tea (for all teas except those from the People's Republic
of China (China), Taiwan (Formosa), Iran, Japan, Russia, Turkey, and
Argentina).
(2) Black Tea (for Argentina teas).
(3) Black Tea (for teas from the People's Republic of China
(China), Taiwan (Formosa), Iran, Japan, Russia, and Turkey).
(4) Green Tea (of all origins).
(5) Formosa Oolong.
(6) Canton Oolong (for all Canton types from the People's Republic
of China (China) and Taiwan (Formosa)).
(7) Scented Black Tea.
(8) Spiced Tea.
These standards apply to tea shipped from abroad on or after May 1,
1995.
* * * * *
Dated: May 31, 1995.
William B. Schultz,
Deputy Commissioner for Policy.
[FR Doc. 95-13885 Filed 6-6-95; 8:45 am]
BILLING CODE 4160-01-F
