[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Proposed Rules]
[Pages 37897-37903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17937]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 94 and 96
[Docket No. 95-027-1]
Importation of Pork and Pork Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We propose to amend the regulations concerning the importation
of pork and pork products into the United States. Specifically, we
propose to allow pork that originates in a region
[[Page 37898]]
where African swine fever exists to be imported into the United States
if it has been heated to an internal temperature of at least 69 deg.C
after the bones have been removed. We also propose to provide an
alternative, dry heat processing method for pork from regions where
swine vesicular disease exists. In addition, we propose to make other
minor amendments to the regulations for importing pork and pork
products from regions where African swine fever, swine vesicular
disease, or hog cholera exists. These proposed changes would relieve
some restrictions on the importation of pork and pork products from
regions where these diseases exist without presenting a significant
risk of introducing African swine fever, hog cholera, or swine
vesicular disease into the United States.
DATES: We invite you to comment on this docket. We will consider
comments that we receive by September 13, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 95-
027-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that
your comments refer to Docket No. 95-027-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including names of organizations and individuals who have
commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Masoud A. Malik, Senior Staff
Veterinarian, Import/Export Products, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;
(301) 734-7834.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (the regulations) prohibit or
restrict the importation of specified animals and animal products into
the United States to prevent the introduction of various animal
diseases, including foot-and-mouth disease, rinderpest, African swine
fever (ASF), hog cholera (HC), and swine vesicular disease (SVD), into
the United States. These are dangerous and destructive communicable
diseases of ruminants and swine. Section 94.8 of the regulations
restricts the importation of pork and pork products into the United
States from regions in which ASF exists or is reasonably believed to
exist (ASF regions). Section 94.9 of the regulations restricts the
importation into the United States of pork and pork products from
regions where HC is known to exist (HC regions). Section 94.12 of the
regulations restricts the importation into the United States of pork
and pork products from regions where SVD is known to exist (SVD
regions).
Pork From an ASF Region
Pork and pork products from an ASF region must be processed as
specified in the regulations to be eligible for entry into the United
States. One of the options for processing pork and pork products in an
ASF region is that the bones must be removed and then the pork or pork
product heated, by a method other than flash heating, to an internal
temperature of at least 69 deg.C. (156 deg.F.) throughout. To qualify
for this option, the pork or pork products must have originated from
swine raised and slaughtered in a region free of ASF. Research
1 has shown that heating the pork or pork products to an
internal temperature of at least 69 deg.C. after bone removal is
sufficient, by itself, to destroy the virus that causes ASF. Therefore,
we propose to remove the requirement that the pork or pork products
originate from swine from an ASF-free region.
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\1\ See P. D. McKercher, W. R. Hess, and F. Hamdy, ``Residual
Viruses in Pork Products,'' J. Applied and Environmental
Microbiology 35, 142-145 (1978) and P. D. McKercher, D. O, Morgan,
J. W. McVicar, and M. J. Shuot, ``Thermal Processing to Interactive
Viruses in Meat Products,'' Proceedings of the 84th Annual Meeting
of the United States Animal Health Association, San Diego,
California, 320-328 (1980).
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Section 94.8 includes several requirements related to the
requirement we are proposing to remove. These include requirements that
the pork be shipped to the processing facility in the ASF region in a
sealed container and accompanied by a certificate of origin. These
requirements would not be necessary if we no longer require the pork or
pork products to come from swine that originated in an ASF-free region.
Therefore, we propose to remove these requirements.
Section 94.8 also contains a number of requirements related to the
processing establishment in the ASF region where the pork or pork
products are to be heated. Several of these requirements also relate to
the origin requirement we are proposing to remove.
Paragraph (a)(3)(iv)(A) of Sec. 94.8 specifies that the processing
establishment may not receive or process any live swine, may only use
pork or pork products that originate in an ASF-free region, and must
process pork or pork products only in accordance with our regulations.
In other words, the processing establishment must be a facility
dedicated to processing pork or pork products that meet the
requirements for export to the United States. These requirements were
intended to ensure that the pork or pork products from ASF-free regions
would not be contaminated with the ASF virus during processing.
We propose to remove the requirements that the processing
establishment may not receive or process any live swine and may only
use pork or pork products that originate in an ASF-free region. We
propose to replace these restrictions with requirements that the
processing establishment take certain steps, explained below, to ensure
that the processed pork or pork products are not contaminated after
processing and prior to being exported to the United States. As long as
the pork or pork products eligible for export to the United States are
protected from being contaminated with the ASF virus, the processing
establishment could receive and process live swine and would not be
limited to processing pork and pork products from ASF-free regions. The
processing establishment would not have to be a dedicated facility.
Specifically, we propose to require that all areas, utensils, and
equipment likely to contact the pork or pork products to be processed,
including skinning, deboning, cutting, and packing areas, and related
utensils and equipment, be cleaned and disinfected after processing
pork or pork products not eligible for export to the United States and
before pork or pork products eligible for export to the United States.
We also propose to require that pork or pork products eligible for
export to the United States not be handled, cut, or otherwise processed
at the same time as any pork or pork products not eligible for export
to the United States. We believe that these proposed requirements would
protect the pork or pork products from possible contamination with the
ASF virus after they have been processed. In addition, we propose to
require that pork or pork products intended for export to the
[[Page 37899]]
United States be packed in clean new packaging that is clearly
distinguishable from that containing any pork or pork products not
eligible for export to the United States. This requirement would
prevent the inadvertent shipment to the United States of pork or pork
products not eligible for importation into the United States.
Paragraph (a)(3)(iv)(B) of Sec. 94.8 requires the operators of the
processing establishment in the ASF region to have a written compliance
agreement with the Animal and Plant Health Inspection Service (APHIS).
Under this compliance agreement, APHIS inspects the establishment to
ensure that it is meeting our requirements. We propose to remove the
requirement for a compliance agreement and the attendant inspections.
We would, instead, rely on certification provided by the national
government of the region in which the processing facility is located to
ascertain that the establishment has met our requirements. This
certification is required by Sec. 94.8(a)(3)(vi), which states that the
pork or pork products must be accompanied by a certificate issued by an
official of the national government of the region in which the
processing establishment is located who is authorized to issue the
foreign meat inspection certificate required by 9 CFR 327.4, stating
that all of the requirements of Sec. 94.8 have been met. Upon arrival
of the pork or pork products in the United States, the certificate must
be presented to an authorized inspector at the port of arrival.
Paragraph (a)(3)(iv)(C) of Sec. 94.8 specifies that the operators
of the processing establishment must have a trust fund agreement with
APHIS. The trust fund agreement provides for payment of the cost of
inspections performed under the compliance agreement. Because we are
proposing to remove the compliance agreement requirement, we also
propose to remove the trust fund agreement requirement.
Paragraph (d) of Sec. 94.8 specifies the circumstances for the
cancellation of a compliance agreement and the appeal process for such
cancellation. We also propose to remove Sec. 94.8(d). Effect of
Proposed Changes in Sec. 94.8 on Swine Casings Regulations in Sec. 96.2
The proposed changes to Sec. 94.8 affect the regulations in 9 CFR
part 96 (the casings regulations). The casings regulations govern the
importation of swine casings into the United States to prevent the
introduction of contagious livestock diseases. Swine casings are
intestines, stomachs, esophagi, and urinary bladders from swine that
are used to encase processed meats, such as sausage.
The ASF virus may be present in, and spread by, swine, pork, pork
products, and byproducts, including casings. The regulations in part 96
require that animal casings imported into the United States be
accompanied by a Foreign Official Certificate for Animal Casings. On
each certificate, the issuing veterinarian certifies, among other
things, that the casings were derived from healthy animals that
received ante mortem and post mortem veterinary inspections at the time
of slaughter, are clean and sound, and were prepared and handled only
in a sanitary manner and were not subjected to contagion prior to
exportation. Since veterinary inspection cannot detect ASF in its early
stages, the veterinary inspection required by the regulations cannot be
relied on to assess the presence of ASF in its early stages in swine
from an ASF region. In addition, swine casings cannot be processed by
heating or any other method that would destroy the ASF virus if it were
present, since this would render the casings unusable. Therefore, to
remove the possibility that ASF-contaminated casings derived from
apparently healthy animals that meet the criteria for certification in
Sec. 96.3 might be imported into the United States, Sec. 96.2(a)
specifically prohibits the importation of swine casings that originated
in an ASF region. Further, Sec. 96.2(a) provides that swine casings
that originated in an ASF-free region and are processed in an ASF
region may be eligible for importation into the United States only if
they are processed in an establishment that meets the criteria in
Sec. 94.8(a)(3)(iv) to prevent contamination with ASF.
As discussed above, we propose to revise the requirements for
processing establishments in ASF regions that process pork or pork
products for export to the United States. These proposed changes would
relieve unnecessary restrictions for processing pork or pork products
to be exported to the United States. However, the requirements we
propose to remove for pork and pork products imported under Sec. 94.8
are necessary to prevent ASF contamination of swine casings. Therefore,
we propose to incorporate all of the provisions that are currently in
Sec. 94.8(a)(3)(iv) of the regulations into Sec. 96.2, with minor
adjustments for clarity and applicability to casings, as follows:
Swine casings to be processed in an ASF region for
importation into the United States must be derived from swine raised
and slaughtered in an ASF-free region.
The swine casings must be shipped from the ASF-free region
to the processing establishment in the ASF region in a closed container
sealed with serially numbered seals applied by an official of the
national government of the region of origin.
The swine casings must be accompanied to the processing
establishment by a certificate written in English and signed by an
official of the national government of the region of origin specifying
the region of origin, the processing establishment to which they will
be consigned, and the numbers of the seals applied.
The swine casings may only be removed from their closed
and sealed containers at the processing establishment after an official
of the national government of the region where the processing
establishment is located determined that the seals are intact and free
of any evidence of tampering, and had so stated on the origin
certificate referred to above.
The swine casings may not be processed at more than one
processing establishment in the ASF region.
The processing establishment in the ASF region must be an
establishment approved under the Federal Meat Inspection Act (21 U.S.C.
601 et seq.) and regulations under the Act (9 CFR, chapter III). As a
condition of entry into the United States, pork or pork products must
also meet all of the requirements of the Federal Meat Inspection Act
and regulations under the Act.
The processing establishment in the ASF region may not
receive or process any live swine and may use only pork or pork
products from ASF-free regions that are shipped to the processing
establishment in accordance with the requirements listed above.
The processing establishment must be operated by persons
who have entered into a valid written compliance agreement with APHIS
to maintain on file at the processing establishment for at least 2
years copies of the origin certificates, to allow APHIS personnel to
make unannounced inspections as necessary to monitor compliance with
the regulations, and to otherwise comply with the provisions of the
regulations.
The processing establishment is operated by persons who
have entered into a cooperative service agreement (previously referred
to as a trust fund agreement) with APHIS to pay for the cost of APHIS
inspections. The establishment must be current in paying for APHIS
personnel to inspect the establishment (it is anticipated that such
inspections will occur on average once per year). In addition, the
processing
[[Page 37900]]
establishment must have on deposit with APHIS an unobligated amount
equal to the cost for APHIS personnel to conduct one inspection,
including travel, salary, subsistence, administrative overhead, and
other incidental expenses (including excess baggage provisions up to
150 pounds).
APHIS inspectors who supervise the enforcement of the
compliance agreement may cancel a processing establishment's compliance
agreement for failure to comply with the regulations. The processing
establishment may appeal the cancellation of the compliance agreement.
The swine casings must be accompanied to the United States
by a certificate issued by an official of the national government of
the region in which the processing establishment is located who is
authorized to issue the foreign meat inspection certificate required by
9 CFR, chapter III, part 327, stating that all of the requirements of
the regulations have been met. Upon arrival of the swine casings in the
United States, the certificate must be presented to an authorized
inspector at the port of arrival.
Bone Removal in Hog Cholera (HC) and Swine Vesicular Disease (SVD)
Regions
The regulations at Secs. 94.9(b)(1)(ii) and 94.12(b)(1)(ii) provide
that pork or pork products may be imported into the United States from
an HC or SVD region if the bones have been removed in the region of
origin and the pork or pork product is heated to an internal
temperature of 69 deg.C. (As explained below, pork from an SVD region
must have received heat treatment in a commercially accepted manner
used for perishable canned pork products.) The regulations do not
require pork or pork products to originate from swine in a region free
of HC or SVD. Thus, there is no reason to specify that the bones must
be removed in the region of origin, only that they be removed before
the pork or pork product is heated to the required temperature.
Therefore, we propose to remove the requirement that the bones be
removed in the region of origin and specify, instead, that the bones be
removed prior to heating.
Heat Treatment in HC Regions
The regulations at Sec. 94.9(b)(1)(ii)(B) provide that pork or pork
products from an HC region must have received heat treatment producing
an internal temperature of 69 deg.C. after bone removal. The
regulations do not specify how the pork or pork products must be
heated. If a flash-heating method, such as microwave cooking, is used,
the HC virus may not be destroyed. Flash heating may not be sufficient
to bring the pork or pork products to a full 69 deg.C. throughout,
which is necessary to ensure that the HC virus is destroyed. Therefore,
we propose to amend Sec. 94.9(b)(1)(ii)(B) to specify that the pork or
pork product must be heated by other than a flash-heating method to an
internal temperature of 69 deg.C. throughout to ensure that the HC
virus is destroyed.
Proposed Dry Heat Cooking Option for Pork From SVD Regions
The Government of Italy has requested that we add a dry heat option
for processing pork and pork products in SVD regions. This change would
allow products such as Mortadella ham to be exported to the United
States from SVD regions. Currently, Sec. 94.12(b)(1)(ii) requires the
pork to reach at least 69 deg.C. through heat treatment applied in a
commercially accepted manner used for perishable canned pork products
(steam or moist heat). Research 2 that studied Mortadella
ham prepared according to the method followed in Italian industry
showed that when the pork was processed in an oven using dry heat, the
SVD virus was destroyed after being cooked for at least 10 hours with
the pork reaching a minimum internal temperature of 65 deg.C. (149
deg.F.).
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\2\ See T. Frescura, D. Rutili, and A. Morozzi, Studies on the
isolation and persistence of swine vesicular disease virus in meat
and meat products, 411-421 (1976), the International Organization of
Epizootics (OIE) Bulletin 86.
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Therefore, we propose to add a dry heat cooking method to our
regulations that would require the pork to be completely deboned, then
continuously heated in an oven for at least 10 hours with oven
temperatures starting at a minimum of 62 deg.C. (143.6 deg.F.) and
reaching at least 85 deg.C. (185 deg.F.), so that the pork reaches a
minimum internal temperature of at least 65 deg.C. (149 deg.F.). We
propose to add this dry heat cooking method to Sec. 94.12 as a new
paragraph (b)(1)(v).
This proposed dry heat cooking method would provide another option
for pork or pork products to be processed in a way that would ensure
that the SVD virus would be destroyed, while allowing greater
flexibility in the style of preparation and therefore greater diversity
of the products that could be prepared for exportation to the United
States.
Miscellaneous Changes
We propose several minor, nonsubstantive, editorial changes for
clarity and consistency.
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.
This proposal would amend 9 CFR 94.8 to allow pork and pork
products that originated in an ASF region to be imported into the
United States if the meat has been cooked to a minimum internal
temperature of 69 deg.C. (156 deg.F.) after removal of the bones.
Regions listed in Sec. 94.8 as regions in which ASF exists or is
reasonably believed to exist are all the countries of Africa; Brazil,
Cuba, Haiti, and Malta; and the Island of Sardinia, Italy.
Total pork production in the United States in 1996 was 7,764,000
metric tons. Brazil, the largest pork producer of the listed regions,
produced 1,600,000 metric tons of pork in 1996. The combined pork
production of the other listed regions was 1,033,767 metric tons in
1996. While Brazil's pork production was 21 percent of the U.S. pork
production in 1996, the second largest pork producer among the other
listed regions was Nigeria. Nigeria produced 278,080 metric tons of
pork, only 4 percent of U.S. pork production. Therefore, other than
Brazil, none of the listed regions produces enough pork to make the
possibility of increased exports from those countries likely.
Furthermore, much of the pork produced in Brazil and the other listed
regions was consumed in the region of origin. This trend is expected to
continue based on the strong pork demand in Brazil and the other listed
regions. In 1996, Brazil consumed 97 percent of its pork production,
exporting only 56,000 metric tons. According to projections by the
Economic Research Service (ERS) of the United States Department of
Agriculture, Brazil is expected to consume 94 percent of its increasing
pork production in each of the years 2000 through 2005. Even if Brazil
exported to the United States the remaining 6 percent of its pork
production in those years, those exports would only represent about 1
percent of projected U.S. pork production. Therefore, adoption of this
proposed rule is unlikely to significantly affect the pork industry or
consumer prices in the United States.
Additionally, ERS projected that U.S. pork imports would decline by
more than 1 percent annually between 1998 and 2007. Declining imports
are
[[Page 37901]]
expected due to the restructured U.S. pork industry. One of the results
of the restructuring has been production of low-cost pork products.
These low-cost pork products are expected, increasingly, to price
imported pork out of the domestic U.S. market.
This proposed rule also would allow pork from SVD regions to be
processed using dry heat after deboning. This dry heat cooking method
can produce Mortadella ham and other meats. Italian producers of
Mortadella ham are interested in exporting Mortadella ham to the United
States.
The precise volume of Mortadella ham that would enter the United
States if this proposed rule is adopted is not available. However, we
expect the volume would be minimal. Mortadella ham is a specialty food
that is likely to satisfy only a small niche market in the United
States. Due to its high fat content, Mortadella ham is not likely to be
popular with a broad cross section of American consumers.
Based on this information, we would expect very little additional
pork or pork products to be imported into the United States as a result
of this proposed rule. Thus, any impact to small domestic swine
producers would likely be minimal. In 1997, there were about 109,754
hog and pig farms in the United States, of which an estimated 91
percent would be considered ``small'' entities (annual sales of less
than $0.5 million, according to the Small Business Administration (SBA)
size criteria). These small entities maintain about 40 percent of the
U.S. hog and pig inventories.
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 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
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
9 CFR Part 96
Imports, Livestock, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR parts 94 and 96 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 94.8 would be amended as follows:
a. In the introductory paragraph by removing the word ``island''
and adding the word ``Island'' in its place.
b. By revising paragraph (a)(3) to read as set forth below.
c. By adding a new paragraph (a)(4) to read as set forth below.
d. By removing paragraph (d).
Sec. 94.8 Pork and pork products from regions where African swine
fever exists or is reasonably believed to exist.
* * * * *
(a) * * *
(3) Such pork or pork product:
(i) Was processed in a single establishment that meets the
requirements in paragraph (a)(4) of this section.
(ii) Was heated by other than a flash-heating method to an internal
temperature of at least 69 deg.C. (156 deg.F.) throughout after the
bones had been removed.
(iii) Is accompanied to the United States by a certificate stating
that all of the requirements of this section have been met. The
certificate must be written in English. The certificate must be issued
by an official of the national government of the region in which the
processing establishment is located. The official must be authorized to
issue the foreign meat inspection certificate required by part 327 of
chapter III of this title. Upon arrival of the pork or pork products in
the United States, the certificate must be presented to an authorized
inspector at the port of arrival.
(4) The processing establishment 8 in a region listed in
this section must comply with the following requirements:
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\8\ As a condition of entry into the United States, pork or pork
products must also meet all of the requirements of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) and regulations thereunder (9
CFR, chapter III, part 327), including requirements that the pork or
pork products be prepared only in approved establishments.
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(i) All areas, utensils, and equipment likely to contact the pork
or pork products to be processed, including skinning, deboning,
cutting, and packing areas, and related utensils and equipment, must be
cleaned and disinfected after processing pork or pork products not
eligible for export to the United States and before pork or pork
products eligible for export to the United States.
(ii) Pork or pork products eligible for export to the United States
may not be handled, cut, or otherwise processed at the same time as any
pork or pork products not eligible for export to the United States.
(iii) Pork or pork products eligible for export to the United
States must be packed in clean new packaging that is clearly
distinguishable from that containing any pork or pork products not
eligible for export to the United States.
* * * * *
3. In Sec. 94.9, paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) would
be revised to read as follows:
Sec. 94.9 Pork and pork products from regions where hog cholera
exists.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) All bones were completely removed prior to cooking; and
(B) Such pork or pork product was heated by other than a flash-
heating method to an internal temperature of 69 deg.C. (156 deg.F.)
throughout; or
* * * * *
5. Section 94.12 would be amended as follows:
a. By removing ``; or'' and adding a period in its place at the end
of paragraph (b)(1)(i) and at the end of paragraph (b)(1)(iii)(B).
[[Page 37902]]
b. By revising paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) to read
as set forth below.
c. By adding a new paragraph (b)(1)(v) to read as set forth below.
d. In paragraph (b)(2), by removing the word ``; and'' and adding a
period in its place.
Sec. 94.12 Pork and pork products from regions where swine vesicular
disease exists.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) All bones were completely removed prior to cooking; and
(B) Such pork or pork product received heat treatment in a
commercially accepted manner used for perishable canned pork products
so that it reached an internal temperature of 69 deg.C. (156 deg.F.)
throughout.
* * * * *
(v) Such pork or pork product is in compliance with the following
requirements:
(A) All bones were completely removed prior to cooking; and
(B) Such pork or pork product received continual heat treatment in
an oven for a minimum of 10 hours so that it reached an internal
temperature of 65 deg.C. (149 deg.F.) throughout. The oven
temperature started at a minimum of 62 deg.C. (143.6 deg.F.) and
reached at least 85 deg.C. (185 deg.F.).
* * * * *
PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS
OFFERED FOR ENTRY INTO THE UNITED STATES
6. The authority citation for part 96 would continue to read as
follows:
Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and
371.2(d).
Sec. 96.10 [Amended]
7. Section 96.10 would be amended by redesignating footnote 1 and
its reference as footnote 2.
8. Section 96.2 would be revised to read as follows:
Sec. 96.2 Prohibition of casings due to African swine fever and bovine
spongiform encephalopathy.
(a) Swine casings. The importation of swine casings that originated
in or were processed in a region where African swine fever exists, as
listed in Sec. 94.8 of this subchapter, is prohibited, with the
following exception: Swine casings that are processed in a region where
African swine fever exists may be imported into the United States under
the following conditions:
(1) Origin of casings. The swine casings were derived from swine
raised and slaughtered in a region not listed in Sec. 94.8(a) of this
subchapter.
(2) Shipping requirements. The casings were shipped from the region
of origin to a processing establishment in a region listed in Sec. 94.8
of this subchapter in a closed container sealed with serially numbered
seals applied by an official of the national government of the region
of origin.
(3) Origin certificate. The casings were accompanied from the
region of origin to the processing establishment by a certificate
written in English and signed by an official of the national government
of the region of origin specifying the region of origin, the processing
establishment to which the swine casings were consigned, and the
numbers of the seals applied.
(4) Integrity of seals. The casings were taken out of the container
at the processing establishment only after an official of the national
government of the region where the processing establishment is located
determined that the seals were intact and free of any evidence of
tampering and had so stated on the certificate referred to in paragraph
(a)(3) of this section.
(5) The processing establishment. The casings were processed at a
single processing establishment 1 in a region listed in
Sec. 94.8 of this subchapter. The processing establishment does not
receive or process any live swine and uses only pork and pork products
that originate in a region not listed in Sec. 94.8 of this subchapter
and that are shipped to the processing establishment in accordance with
paragraphs (a)(2) through (a)(4) of this section.
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\1\ As a condition of entry into the United States, pork or pork
products must also meet all of the requirements of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) and regulations under the Act
(9 CFR, chapter III, part 327), including requirements that the pork
or pork products be prepared only in approved establishments.
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(6) Compliance agreement. The processing establishment is operated
by persons who have entered into a valid written compliance agreement
with APHIS to maintain on file at the processing establishment for at
least 2 years copies of the certificates referred to in paragraph
(a)(4) of this section, to allow APHIS personnel to make unannounced
inspections as necessary to monitor compliance with the provisions of
this section, and to otherwise comply with the provisions of this
section.
(7) Cooperative service agreement. The processing establishment is
operated by persons who have entered into a cooperative service
agreement with APHIS. The establishment is current in paying for APHIS
personnel to inspect the establishment (it is anticipated that such
inspections will occur once per year). In addition, the processing
establishment has on deposit with APHIS an unobligated amount equal to
the cost for APHIS personnel to conduct one inspection, including
travel, salary, subsistence, administrative overhead, and other
incidental expenses (including excess baggage provisions up to 150
pounds).
(8) Compliance agreement cancellation. Any compliance agreement may
be cancelled orally or in writing by the inspector who is supervising
its enforcement whenever the inspector finds that such person has
failed to comply with the provisions of this section or any conditions
imposed by this section. If the cancellation is oral, the decision and
the reasons will be confirmed in writing, as promptly as circumstances
allow. Any person whose compliance agreement has been cancelled may
appeal the decision to the Administrator, in writing, within 10 days
after receiving written notification of the cancellation. The appeal
should state all of the facts and reasons upon which the person relies
to show that the compliance agreement was wrongfully cancelled. The
Administrator will grant or deny the appeal, in writing, stating the
reasons for such decision, as promptly as circumstances allow. If there
is a conflict as to any material fact, a hearing will be held to
resolve such conflict. Rules of Practice governing such a hearing will
be adopted by the Administrator.
(9) Export certification. The casings are accompanied to the United
States by a certificate stating that all of the requirements of this
section have been met. The certificate must be written in English. The
certificate must be issued by an official of the national government of
the region in which the processing establishment is located. The
official must be authorized to issue the foreign meat inspection
certificate required by part 327 in chapter III of this title. Upon
arrival of the swine casings in the United States, the certificate must
be presented to an authorized inspector at the port of arrival.
(b) Bovine or other ruminant casings. The importation of casings,
except stomachs, from bovines and other ruminants that originated in or
were processed in any region listed in Sec. 94.18(a) of this subchapter
is prohibited.
(Approved by the Office of Management and Budget under control
number 0579-0015)
[[Page 37903]]
Done in Washington, DC, this 8th day of July 1999.
A. Cielo,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-17937 Filed 7-13-99; 8:45 am]
BILLING CODE 3410-34-P
