[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38667-38668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18480]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 327 and 381
[Docket No. 95-003F]
RIN 0583-AB88
Products From Foreign Countries; Eligibility for Import Into the
United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending
those paragraphs of the imported products sections of the Federal meat
and poultry products inspection regulations that contain the phrase
``at least equal to'' by replacing that phrase with the words
``equivalent to.'' This action will amend language in the Federal meat
and poultry products inspection regulations to correctly reflect the
language used in the Uruguay Round Agreements Act, which was enacted to
comply with the General Agreement on Tariffs and Trade, 1994 (GATT).
Subtitle B, section 431, paragraph (k) of Title IV of the Uruguay
Round Agreements Act of 1994, Pub. L. No. 103-465, 108 Stat. 4809
(1994), amends section 17(d)(1) of the Poultry Products Inspection Act
(PPIA) (21 U.S.C. Sec. 466(d)(1)) to require that all imported poultry
or poultry products intended for human consumption be subject to
foreign inspection that achieves a level of sanitary protection
equivalent to that achieved under United States standards. Imported
poultry and poultry products must also be processed by the exporting
country in facilities and under conditions that achieve that same level
of sanitary protection. In addition, paragraph (k) amends section
17(d)(2) of the PPIA (21 U.S.C. Sec. 466(d)(2)) to allow the Secretary
of Agriculture to treat the meat and poultry standards of exporting
countries as ``equivalent to'' United States standards if the exporting
countries provide the Secretary with sufficient scientific evidence to
demonstrate that their standards achieve the level of sanitary
protection achieved under the United States standard. Subtitle B,
section 431, paragraph (l),
[[Page 38668]]
Title IV, of the Uruguay Round Agreements Act similarly amends section
20(e)(1), subparagraphs (A) and (B) of the Federal Meat Inspection Act
(21 U.S.C. 620(e)(1)(A) and (B)).
Because this codification is required by GATT, we expect no adverse
public reaction resulting from this change in regulatory language.
Therefore, unless notice is received within 30 days that someone wishes
to submit adverse or critical comments, the action will become final 60
days after publication in the Federal Register. If critical comments
are received, the final rulemaking notice will be withdrawn and a
proposed rulemaking notice will be published. The proposed rulemaking
notice will establish a comment period.
DATES: This action will become effective September 26, 1995 unless
notice is received on or before August 28, 1995 that adverse or
critical comments will be submitted.
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
Sections 327.2 and 327.4 of the Federal meat inspection regulations
and Secs. 381.196 and 381.197 of the poultry products inspection
regulations currently require that foreign country meat and poultry
inspection systems be ``at least equal to'' those in the United States
if foreign countries wish to export meat and poultry products to the
United States. In December, 1994, however, in accordance with GATT's
Uruguay Round negotiations, the President of the United States signed
the Uruguay Round Agreements Act into law. Under this new law, drafted
to comply with GATT, the United States can no longer require foreign
countries wishing to export meat and poultry products to have meat and
poultry inspection systems that are ``at least equal'' to those in the
United States; instead, foreign inspection systems must be ``equivalent
to'' domestic inspection systems. Therefore, FSIS is amending its
regulations to require that foreign inspection systems that export meat
and poultry products to the United States be ``equivalent to'' domestic
inspection systems.
Executive Order 12866
This 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 rule has been reviewed under Executive Order 12778, Civil
Justice Reform. States and local jurisdictions are preempted by the
Federal Meat Inspection Act and the Poultry Products Inspection Act
(PPIA) from imposing any marking or packaging requirements on federally
inspected meat and poultry products that are in addition to, or
different than, those imposed under the FMIA or the PPIA. States and
local jurisdictions may, however, exercise concurrent jurisdiction over
meat and poultry products that are outside official establishments for
the purpose of preventing the distribution of meat and poultry products
that are misbranded or adulterated under the FMIA or PPIA, or, in the
case of imported articles, which are not at such an establishment,
after their entry into the United States.
This 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
rule. However, the administrative procedures specified in 9 CFR 306.5
and 381.35 must be exhausted prior to any judicial challenge of the
application of the provisions of this rule, if the challenge involves
any decision of an FSIS employee relating to inspection services
provided under the FMIA or the PPIA.
Effect on Small Entities
The Administrator has made an initial determination that this 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 direct final rule does not impose any requirements on
American entities. It applies only to foreign countries that wish to
export meat and poultry products to the United States.
List of Subjects
9 CFR Part 327
Food Labeling, Food Packaging, Imports, Meat Inspection
9 CFR Part 381
Food labeling, Food packaging, Imports, Poultry and poultry
products.
For the reasons set out in the preamble, 9 CFR parts 327 and 381
are amended as follows:
PART 327--IMPORTED PRODUCTS
1. The authority citation for part 327 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.
Secs. 327.2 and 327.4 [Amended]
2. Remove the word's ``at least equal to'' and add, in their place,
the words ``equivalent to'' in the following places:
Section 327.2(a)(1), (a)(2)(i) introductory text, (a)(2)(ii)
introductory text, (a)(2)(iv) introductory text, the text of the
Certificate following paragraph (a)(3), (a)(4), and the text of each
Certificate following 327.4 (a) and (b).
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
1. The authority citation for part 381 continues 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.
Sec. 381.196 [Amended]
2. Remove the words ``at least equal to'' and add, in their place,
the words ``equivalent to'' in the following places:
Section 381.196(a)(1), (a)(2)(i) introductory text, (a)(2)(ii)
introductory text, (a)(2)(iv) introductory text, the text of the
Certificate following paragraph (a)(3), and (a)(4).
Done at Washington, DC, on July 18, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-18480 Filed 7-27-95; 8:45 am]
BILLING CODE 3410-DM-P
