[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9029]


[[Page Unknown]]

[Federal Register: April 15, 1994]


                                                    VOL. 59, NO. 73

                                             Friday, April 15, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 92-067-1]
RIN 0579-AA50

 

Dry-Cured Pork Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to allow certain dry-cured pork products 
processed in a specified manner to be imported into the United States 
from countries where foot-and-mouth disease, rinderpest, African swine 
fever, hog cholera, or swine vesicular disease exists. It appears that 
certain dry-cured pork products, if processed in accordance with the 
proposed requirements, can be imported into the United States without 
presenting a significant risk of introducing these specified diseases.

DATES: Consideration will be given only to comments received on or 
before June 14, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 92-067-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. John H. Blackwell, Senior Staff 
Microbiologist, Import-Export Products Staff, National Center for 
Import-Export, VS, APHIS, USDA, room 758, Federal Building, 6505 
Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (the regulations) regulate, among 
other things, the importation into the United States of pork and pork 
products in order to prevent the introduction into the United States of 
foot-and-mouth disease (FMD), rinderpest, African swine fever (ASF), 
hog cholera (HC), and swine vesicular disease (SVD).
    The government of Spain has requested that the regulations be 
amended to allow the importation into the United States of certain dry-
cured pork products that have been processed in accordance with 
procedures used in Spain to manufacture products known as Serrano hams, 
Iberian hams, Iberian pork shoulders, and Iberian pork loins. To 
produce these dry-cured pork products, cuts of raw pork from certain 
breeds of swine are subjected to controlled curing and long-term 
drying.
    Under current regulations, these kinds of dry-cured pork products 
are not allowed to be imported into the United States from any country 
infected with FMD, rinderpest, ASF, HC, or SVD (see Secs. 94.4, 94.8, 
94.9, and 94.12, respectively). Spain is infected with ASF and SVD. 
Therefore, products such as these may not currently be imported into 
the United States from Spain.
    We have carefully considered the Spanish government's request. To 
that end, in cooperation with the Ministry of Agriculture, Fisheries, 
and Nutrition of Spain and other agencies within the United States 
Department of Agriculture (the Department), we have conducted research 
concerning the procedures currently used in Spain to manufacture these 
types of dry-cured pork products. This research has demonstrated that 
dry-cured pork products processed in accordance with our proposed 
regulations would be free of the viruses of FMD, rinderpest, ASF, HC, 
and SVD, and could be imported into the United States from countries 
where FMD, rinderpest, ASF, HC, or SVD exists, without any significant 
risk of these diseases being introduced into the United States.
    Therefore, we are proposing to amend current Sec. 94.17, which 
governs the importation of certain dry-cured hams, to allow the 
importation of these additional types of dry-cured hams, pork 
shoulders, and pork loins.
    We propose to add requirements to allow dry-cured pork products 
from swine of specified breeds to be imported into the United States 
if, among other things, they are processed in a specified manner.
    The proposed requirements specify steps for the controlled drying 
of Serrano hams, Iberian hams, Iberian shoulders, and Iberian pork 
loins. These steps have been shown to inactivate the viral agents of 
FMD, rinderpest, ASF, HC, and SVD.
    Product differences account for the different processing 
requirements proposed for Serrano hams, Iberian hams, Iberian pork 
shoulders, and Iberian pork loins. These processing requirements 
satisfy the technical need to inactivate viral agents without 
disrupting the nonregulatory processing steps (such as salting and 
curing) that produce the distinctive flavor, color, and texture of each 
dry-cured pork product.
    The Department's Foreign Animal Disease Diagnostic Laboratory 
(FADDL) has tested the dry-cured pork product processing procedures 
specified in the proposed regulations. The testing by FADDL1 has 
demonstrated that the processing procedures set forth in proposed 
Secs. 94.17(i)(2) through (i)(5) are adequate to destroy the viruses of 
FMD, rinderpest, ASF, HC, and SVD that might have been present in the 
pork prior to processing. Testing was limited to Serrano hams, Iberian 
hams, Iberian pork shoulders, and Iberian pork loins as requested by 
the Spanish government; comparable tests to evaluate the virucidal 
effectiveness of processing procedures for other dry-cured pork 
products have not been performed. Therefore, the proposed regulations 
refer only to Serrano hams, Iberian hams, Iberian shoulders, and 
Iberian pork loins.
---------------------------------------------------------------------------

    \1\Laboratory results can be obtained from Dr. Charles A. Mebus, 
Foreign Animal Disease Diagnostic Laboratory, NVSL, VS, APHIS, USDA, 
Plum Island Animal Disease Center, P.O. Box 844, Greenport, NY 
11944.
---------------------------------------------------------------------------

    In accordance with the tests conducted by FADDL, proposed 
Sec. 94.17(m)(2) requires that Serrano hams come only from breeds of 
large white pigs, including, but not limited to, Landrace, Pietrain, 
Duroc, Jersey, Hampshire, and Yorkshire breeds and crosses of such 
breeds. Similarly, proposed Secs. 94.17(m)(3), (4), and (5) provide 
that Iberian hams, Iberian shoulders, and Iberian pork loins come from 
the Iberico breed of black pigs. Different breeds of swine differ 
physiologically, and these differences affect the way viruses present 
in meat from different breeds respond to processing. Therefore, the 
proposed regulations apply only to hams, shoulders, and pork loins from 
the specified swine breeds.
    We are also proposing to make certain amendments to the other 
requirements in current Sec. 94.17. We are proposing to amend 
paragraphs (a) through (g), and paragraphs (k), (l), and (n) to 
indicate that the requirements in those paragraphs would also apply to 
these additional dry cured pork products. Paragraphs (a) through (c) 
concern the origin and source of the swine from which the pork products 
were made; paragraph (d) requires certain documents to accompany the 
swine to the processing establishment; and paragraphs (e) through (g), 
(k), (l), and (n) pertain to the establishment where the pork products 
were processed, including operating requirements, recordkeeping and 
inspection requirements, and trust fund requirements.
    We are proposing to amend paragraphs (h) and (j) of current 
Sec. 94.17 to provide handling procedures and marking requirements for 
these additional dry-cured pork products. The proposed handling 
procedures and marking requirements are substantially the same as those 
that apply to the dry-cured hams covered by current Sec. 94.17. As 
discussed above, the differences among the specific provisions proposed 
for each dry-cured pork product are attributable to the unique 
qualities of flavor and texture achieved through a combination of raw 
pork products and individual processing techniques (recipes). The 
distinctive qualities that distinguish Iberian pork shoulders and loins 
from other shoulders and loins, Iberian hams from Serrano hams, and 
these hams from other dry-cured hams, are achieved through such 
combinations. Room temperature, relative humidity, salting, curing 
time, and other aspects of processing contribute to the products known 
as Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork 
loins.
    Also, we are proposing to add a heading to redesignated 
Sec. 94.17(i)(1) to clarify that the processing requirements set forth 
in that paragraph apply to ``Italian-type hams.'' Proposed new 
paragraph Sec. 94.17(i)(2) sets forth the proposed processing 
requirements for Serrano hams, and proposed Sec. 94.17(i)(3) sets forth 
the proposed processing requirements for Iberian hams. As discussed 
above, these proposed requirements are based on testing by FADDL that 
found them adequate to destroy the viruses of FMD, rinderpest, ASF, HC, 
and SVD. A key finding by FADDL is that to ensure destruction of the 
SVD virus, the total processing time for Serrano and Iberian hams must 
be extended to 560 days. Therefore, we propose a minimum processing 
time for Serrano hams of 190 days for countries where SVD does not 
occur, and 560 days for countries where SVD occurs. Similarly, for 
Iberian hams we propose a minimum processing time of 365 days for 
countries where SVD does not occur, and 560 days for countries where 
SVD occurs.
    We are also proposing to revise Secs. 94.17(h), (i), (j), and (o) 
to make their provisions applicable to the hams covered by this 
proposal, and to simplify their language. These paragraphs currently 
contain several requirements for Italian-type hams, described below, 
that we propose to make applicable to Serrano hams and Iberian hams as 
well, because FADDL testing indicates the requirements effectively 
control viruses of FMD, rinderpest, ASF, HC, and SVD.
    Section 94.17(h), in both its current and revised forms, basically 
requires that workers who handle fresh pork in the processing 
establishment must shower and put on a full set of clean clothes, or 
wait 24 hours, before handling hams, pork shoulders, or pork loins that 
have progressed in the aging/curing process. This requirement prevents 
the transmission, via workers or their clothes, of viruses of FMD, 
rinderpest, ASF, HC, and SVD the workers might carry from fresh pork to 
hams that have already completed part of the process to destroy these 
viruses.
    Section 94.17(i) currently contains a requirement that Italian-type 
hams may not come in contact during processing with any meat or animal 
product except for pork fat treated to at least 76  deg.C (168.8 
deg.F), which may be placed over the meat during curing. This heat 
treatment destroys viruses of concern. We propose to make this 
restriction applicable to Serrano hams and Iberian hams as well, to 
prevent the possible transmission of viruses from other types of meat 
or animal products.
    Section 94.17(j) currently contains requirements that Italian-type 
hams must be marked with the identifying number of the slaughtering 
establishment, the identifying number of the processing establishment, 
and the date processing began. These markings assist us in ensuring 
that imported hams came from approved establishments and were processed 
for the required time periods. We propose to add new paragraphs (j)(2) 
and (j)(3) with similar requirements for Serrano hams and Iberian hams.
    Section 94.17(o) currently contains a requirement that imported 
Italian-type hams must be accompanied by a certificate documenting that 
the ham was processed for at least 400 days and that all provisions of 
the regulations have been met. This requirement enhances enforcement of 
the regulations and simplifies activities at the port of arrival. We 
propose to make this certificate requirement applicable to Serrano hams 
and Iberian hams as well, and to specify that the certificate must 
accurately record a minimum processing time of 400 days for Italian-
type hams, 190 days for Serrano hams (560 days if from a country where 
SVD exists), and 365 days for Iberian hams (560 days if from a country 
where SVD exists). These minimum processing times are consistent with 
the standards in proposed Sec. 94.17(i).

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866 
and been determined not significant for purposes of Executive Order 
12866. Therefore, this proposed rule has not been reviewed by the 
Office of Management and Budget.
    The Animal and Plant Health Inspection Service (APHIS) estimates 
that if these proposed regulations are adopted, between 5-15 metric 
tons of dry-cured hams, pork shoulders, and pork loins would be 
imported into the United States during the first year of importation. 
Products imported in accordance with the regulations would have an 
approximate retail value of $352,500-$1,057,500. In Spain, these 
products sell for approximately $32 per pound. We anticipate the price 
per pound in the United States would be higher.
    Over the next decade, we estimate annual imports would plateau as 
United States markets for the products are developed. These products 
are all high-value products, and not likely to be purchased for home 
consumption. Instead, we anticipate most of these products would be 
purchased for resale by delicatessens, restaurants, and caterers. 
Within the next 20 years, APHIS estimates that the retail value of 
imported dry-cured pork products described in this document would 
average between $33-$66.1 million (50-100 metric tons) annually. This 
can be compared with the dry-cured pork products, all of which are 
hams, currently being imported into the United States. In 1990, 
approximately 429 metric tons of these hams were imported. These dry-
cured hams retail in the United States for approximately $16 per pound.
    Dry-cured pork products exactly like those which would be allowed 
to be imported into the United States under the proposed regulations 
are not produced in the United States. Certain dry-cured pork products 
produced in Virginia do resemble, in appearance, the products we 
propose to allow to be imported. However, the Virginia products have a 
significantly higher salt concentration and a significantly different 
taste.
    Genuine Virginia dry-cured hams are produced by four producers in 
Smithfield, VA. Two of these producers are small entities. Wholesale 
production statistics and prices are not available due to propriety 
concerns. However, genuine Virginia dry-cured hams retail for 
approximately $4 per pound.
    Based on these facts, we anticipate that competition between United 
States-produced dry-cured pork products and the proposed imported dry-
cured pork products would be insignificant.
    In 1990, the United States produced 9,652,933 metric tons of pork 
and pork products, valued at about $11.3 billion. Additionally, the 
United States imported about 232,253 metric tons of pork. Imports 
accounted for about 2 percent of the pork available in the domestic 
market during 1990. Figures for 1990 indicate that imports of dry-cured 
pork products imported under the current regulations were approximately 
429 metric tons. This compares with 349,119 metric tons of all pork 
products imported during 1990, or 0.0012 percent. Potential imports of 
dry-cured pork products as would be allowed under these proposed 
regulations would therefore account for less than 1 percent of total 
annual pork imports.
    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 12778

    This proposed rule has been reviewed under Executive Order 12778, 
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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send copies of your 
comments to:
    (1) Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, 
room 804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, 
and
    (2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250.

List of Subjects in 9 CFR part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.
    Accordingly, we are proposing to amend 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC 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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 94.17  [Amended]

    2. Section 94.17 would be amended as follows:
    a. The heading would be revised as set forth below.
    b. The introductory text would be amended by adding ``dry-cured'' 
before ``ham'' and by adding ``, pork shoulder, or pork loin'' after 
``ham''.
    c. Paragraphs (a), (b), (c), (d), (e), (f), (g), (k), (l), and (n) 
would each be amended by adding ``dry-cured'' before ``ham'' and by 
adding ``, pork shoulder, or pork loin'' after ``ham''each place it 
appears.
    d. Paragraphs (f) and (g) would each be amended by adding ``dry-
cured'' before ``hams'', and by adding ``, pork shoulders, or pork 
loins'' after ``hams''each place it appears.
    e. Paragraph (h) would be revised as set forth below.
    f. Paragraph (i) would be redesignated as paragraph (i)(1) and at 
the beginning of the sentence, before the word ``The'', the heading 
``Italian-type hams.'' would be added; at the end of the paragraph, the 
clause ``; and during all of the procedures described above the ham had 
no contact with any meat or animal product other than pork fat that was 
treated to at least 76  deg.C (168.8  deg.F) that may have been placed 
over the ham during curing;'' would be removed and a period would be 
added in its place.
    g. In paragraph (i), introductory text and paragraphs (i)(2), 
(i)(3), (i)(4), and (i)(5) would be added to read as set forth below.
    h. Paragraph (j) would be redesignated as paragraph (j)(1), and at 
the beginning of the paragraph after the words ``The ham'', the phrase 
``, if it is Italian-type ham processed in accordance with paragraph 
(i)(1) of this section,'' would be added.
    i. New paragraphs (j)(2) and (j)(3) would be added to read as set 
forth below.
    j. Paragraph (m) would be redesignated as paragraph (m)(1), and at 
the beginning of the paragraph after the words ``The ham'', the phrase 
``, if it is an Italian-type ham processed in accordance with paragraph 
(i)(1) of this section,'' would be added.
    k. In paragraph (m), introductory text and paragraphs (m)(2), 
(m)(3), (m)(4), and (m)(5) would be added to read as set forth below.
    l. Paragraph (o) would be revised to read as set forth below. The 
additions and revisions read as follows:


Sec. 94.17  Dry-cured pork products from countries where foot-and-mouth 
disease, rinderpest, African swine fever, hog cholera, or swine 
vesicular disease exists.

* * * * *
    (h) Workers who handle fresh pork in the processing establishment 
where the dry-cured ham, pork shoulder, or pork loin was processed are 
required to shower and put on a full set of clean clothes, or to wait 
24 hours after handling fresh pork, before handling hams, pork 
shoulders, or pork loins that have progressed in the aging/curing 
process as follows:
    (1) In the case of Italian-type hams processed in accordance with 
paragraph (i)(1) of this section, those that have progressed beyond the 
final wash stage;
    (2) In the case of Serrano hams or Iberian hams or pork shoulders 
processed in accordance with paragraph (i)(2), (i)(3), or (i)(4) of 
this section, those that have progressed beyond salting; and
    (3) In the case of Iberian pork loins processed in accordance with 
paragraph (i)(5) of this section, those that have progressed beyond 
being placed in a casing.
    (i) The dry-cured ham, pork shoulder, or pork loin was processed in 
accordance with this paragraph. Except for pork fat treated to at least 
76  deg.C (168.8  deg.F), which may have been placed over the meat 
during curing, the dry-cured pork product must have had no contact with 
any other meat or animal product during processing.
    (1) * * *
    (2) Serrano hams. Serrano hams were processed as follows (190-day 
minimum curing process):
    (i) After slaughter, the ham was frozen to -40  deg.C (-40  deg.F) 
and held at a temperature no higher than -18  deg.C (-0.4  deg.F) for a 
minimum of 30 days;
    (ii) The ham was thawed in a chamber with relative humidity between 
70 and 80 per cent, with room temperature maintained at 12  deg.C to 13 
 deg.C (53.6  deg.F to 55.4  deg.F) for the first 24 hours, then at 13 
deg.C to 14  deg.C (55.4  deg.F to 57.2  deg.F) until the internal 
temperature of the ham reached 3  deg.C to 4  deg.C (37.4  deg.F to 
39.2  deg.F), at which point the blood vessels at the end of the femur 
were massaged to remove any remaining blood;
    (iii) The ham was covered in salt and placed in a chamber 
maintained at a temperature from 0  deg.C to 4  deg.C (32  deg.F to 
39.2  deg.F), with relative humidity between 75 and 85 percent, for a 
period no less than 0.65 days per kg and no more than 2 days per kg of 
the weight of the ham;
    (iv) The ham was rinsed with water and/or brushed to remove any 
remaining surface salt;
    (v) The ham was placed in a chamber maintained at a temperature of 
0  deg.C to 6  deg.C (32  deg.F to 42.8  deg.F), with a relative 
humidity of 70 to 95 percent, for no less than 40 and no more than 60 
days;
    (vi) The ham was placed for curing in a chamber with a relative 
humidity of 60 to 80 percent and a temperature gradually raised in 3 
phases, as follows:
    (A) A temperature of 6  deg.C to 16  deg.C (42.8  deg.F to 60.8 
deg.F), maintained for a minimum of 45 days;
    (B) A temperature of 16  deg.C to 24  deg.C (60.8  deg.F to 75.2 
deg.F), maintained for a minimum of 35 days;
    (C) A temperature of 24  deg.C to 34  deg.C (75.2  deg.F to 93.2 
deg.F), maintained for a minimum of 30 days;
    (vii) Finally, with the relative humidity unchanged at 60 to 80 
percent, the temperature was lowered to 12  deg.C to 20  deg.C (53.6 
deg.F to 68  deg.F) and maintained at that level for a minimum of 35 
days, until at least 190 days after the start of the curing process. In 
a country where SVD exists, the ham must be maintained at that level an 
additional 370 days, until at least 560 days after the start of the 
curing process.
    (3) Iberian hams. Iberian hams were processed as follows (365-day 
minimum curing process):
    (i) After slaughter, the ham was frozen to -40  deg.C (-40  deg.F) 
and held at a temperature no higher than -18  deg.C (-0.4  deg.F) for 
at least 30 days;
    (ii) The ham was thawed in a chamber with relative humidity between 
70 and 80 per cent, with room temperature maintained at 5.5  deg.C to 
6.5  deg.C (41.9  deg.F to 43.7  deg.F) for the first 24 hours, then at 
9.5  deg.C to 10.5  deg.C (49.1  deg.F to 50.9  deg.F) until the 
internal temperature of the ham reached 3  deg.C to 4  deg.C (37.4 
deg.F to 39.2  deg.F), at which point the blood vessels at the end of 
the femur were massaged to remove any remaining blood;
    (iii) The ham was covered in salt and placed in a chamber 
maintained at a temperature from 0  deg.C to 4  deg.C (32  deg.F to 
39.2  deg.F), with relative humidity between 70 and 80 percent, and 
kept in the chamber for a period no less than 0.65 days per kg and no 
more than 2 days per kg of the weight of the ham;
    (iv) The ham was rinsed with water and/or brushed to remove any 
remaining surface salt;
    (v) The ham was placed in a chamber maintained at a temperature of 
0  deg.C to 6  deg.C (32  deg.F to 42.8  deg.F), with relative humidity 
of 70 to 95 percent, for no less than 40 and no more than 60 days;
    (vi) The ham was placed for curing in a chamber with a temperature 
of 6  deg.C to 16  deg.C (42.8  deg.F to 60.8  deg.F) and relative 
humidity of 60 to 80 percent for a minimum of 90 days;
    (vii) The temperature was raised to 16  deg.C to 26  deg.C (60.8 
deg.F to 78.8  deg.F) and the relative humidity reduced to 55 to 85 
percent, for a minimum of 90 days;
    (viii) Finally, with the relative humidity raised to 60 to 90 
percent, the temperature was lowered to 12  deg.C to 22  deg.C (53.6 
deg.F to 71.6  deg.F) and maintained at that level for a minimum of 115 
days, until at least 365 days after the start of the curing process. In 
a country where SVD exists, the ham must be maintained at that level an 
additional 195 days, until at least 560 days after the start of the 
curing process.
    (4) Iberian pork shoulders. Iberian pork shoulders were processed 
as follows (240-day minimum curing process):
    (i) After slaughter, the pork shoulder was frozen to -40  deg.C 
(-40  deg.F) and held at a temperature no higher than -18  deg.C (-0.4 
deg.F) for at least 30 days;
    (ii) The pork shoulder was thawed at a room temperature of 12 
deg.C to 13  deg.C (53.6  deg.F to 55.4  deg.F), with the relative 
humidity between 75 and 85 percent, for approximately 24 hours, until 
the internal temperature reached 3  deg.C to 4  deg.C (37.4  deg.F to 
39.2  deg.F), at which point the blood vessels in the scapular region 
were massaged to remove any remaining blood;
    (iii) The pork shoulder was covered in salt and placed in a chamber 
maintained at a temperature of 0  deg.C to 4  deg.C (32  deg.F to 39.2 
deg.F) with the relative humidity between 75 and 95 percent, for a 
period of no less than 0.65 days per kg and no more than 2 days per kg 
of the weight of the pork shoulder;
    (iv) The pork shoulder was rinsed with water and/or brushed to 
remove any remaining surface salt;
    (v) The pork shoulder was placed in a chamber maintained at a 
temperature of 0  deg.C to 6  deg.C (32  deg.F to 42.8  deg.F) and a 
relative humidity of 70 to 95 percent for not less than 40 days and not 
more than 60 days;
    (vi) The pork shoulder was placed for curing in a chamber at a 
temperature of 6  deg.C to 16  deg.C (42.8  deg.F to 60.8  deg.F) and a 
relative humidity of 60 to 80 percent for a minimum of 90 days;
    (vii) The temperature was raised to 16  deg.C to 26  deg.C (60.8 
deg.F to 78.8  deg.F) and the relative humidity was changed to 55 to 85 
percent, and those levels were maintained for a minimum of 90 days;
    (viii) Finally, the temperature was reduced to 12  deg.C to 22 
deg.C (53.6  deg.F to 71.6  deg.F) and the relative humidity was raised 
to 60 to 90 percent for a minimum of 45 days, until at least 240 days 
after the start of the curing process.
    (5) Iberian pork loins. Iberian pork loins were processed as 
follows (130-day minimum curing process):
    (i) After slaughter, the pork loin was frozen to -40  deg.C (-40 
deg.F) and held at a temperature no higher than -18  deg.C (-0.4 
deg.F) for at least 30 days;
    (ii) The pork loin was thawed at a room temperature maintained at 
11  deg.C to 12  deg.C (51.8  deg.F to 53.6  deg.F), with the relative 
humidity between 70 and 80 per cent for the first 24 hours, then 
between 75 and 85 percent, until the loin's internal temperature 
reached 3  deg.C to 4  deg.C (37.4  deg.F to 39.2  deg.F), at which 
point the external fat, aponeurosis, and tendons were cleaned from the 
loin;
    (iii) The pork loin was covered in a pickle preparation (25-30 
grams of salt for each kilogram of pork loin) and placed in a chamber 
where it was maintained at a relative humidity of 75 to 85 percent and 
a temperature of 3  deg.C to 4  deg.C (37.4  deg.F to 39.2  deg.F) for 
72 hours;
    (iv) The pork loin was removed from the pickle preparation (25-30 
grams of salt for each kilogram of pork loin), externally cleaned 
(brushed or rinsed), placed in an artificial casing, and fastened shut 
with a metal clip;
    (v) The pork loin was placed for curing in a chamber with a 
relative humidity of 60 to 90 percent and a temperature gradually 
raised in 3 phases, as follows:
    (A) A temperature of 2  deg.C to 6  deg.C (35.6  deg.F to 42.8 
deg.F), maintained for a minimum of 20 days;
    (B) A temperature of 6  deg.C to 15  deg.C (42.8  deg.F to 59.0 
deg.F)), maintained for a minimum of 20 days;
    (C) A temperature of 15  deg.C to 25  deg.C (59.0  deg.F to 77.0 
deg.F), maintained for a minimum of 40 days;
    (vi) Finally, with the relative humidity unchanged at 60 to 80 
percent and the temperature lowered to 0  deg.C to 5  deg.C (32.0 
deg.F to 41.0  deg.F), the pork loin was vacuum-packed and maintained 
under those conditions for a minimum of 15 days, until at least 130 
days after the start of the curing process.
    (j)(1) * * *
    (2) The dry-cured ham, if it is processed in accordance with 
paragraphs (i)(2) or (i)(3) of this section, or the dry-cured pork 
shoulder, if it is processed in accordance with paragraph (i)(4) of 
this section, bears an ink seal (with the identifying number of the 
slaughtering establishment) which was placed thereon at the 
slaughtering establishment under the direct supervision of a person 
authorized to supervise such activity by the veterinary services of the 
national government of the country of origin, and an ink seal (with the 
identifying number of the processing establishment and the date the 
salting began) which was placed thereon at the processing 
establishment, immediately prior to salting, under the supervision of a 
person authorized to supervise such activity by the veterinary services 
of the national government of the country of origin; bears a tamper-
proof plastic tag, tightly fitted around the hock, that states the 
month and year that the ham or pork shoulder entered the processing 
establishment; or
    (3) The dry-cured pork loin, if it is processed in accordance with 
paragraph (i)(5) of this section, is packaged with material that bears 
a seal of the government of the country of origin (with the identifying 
number of the slaughtering establishment) which was placed thereon at 
the slaughtering establishment under the direct supervision of a person 
authorized to supervise such activity by the veterinary services of the 
national government of the country of origin and which has remained 
intact throughout transportation and processing, and bears a tamper-
proof plastic tag, tightly fitted at one end, with the date the loin 
was placed in the pickle preparation under the supervision of a person 
authorized to supervise such activity by the veterinary services of the 
national government of the country of origin.

* * * * *

    (m) The dry-cured ham, pork shoulder, or pork loin was processed in 
accordance with one of the following criteria:
    (1) * * *
    (2) The Serrano ham, processed in accordance with paragraph (i)(2) 
of this section, and came from any breed of large, white swine, 
including but not limited to Landrace, Pietrain, Duroc, Jersey, 
Hampshire, and Yorkshire breeds, and crosses of such breeds;
    (3) The Iberian ham, processed in accordance with paragraph (i)(3) 
of this section, and came from a swine of the Iberico breed of black 
pigs;
    (4) The Iberian pork shoulder, processed in accordance with 
paragraph (i)(4) of this section, and came from a swine of the Iberico 
breed of black pigs;
    (5) The Iberian pork loin, if processed in accordance with 
paragraph (i)(5) of this section, and came from a swine of the Iberico 
breed of black pigs.

* * * * *

    (o) The dry-cured ham, pork shoulder, or pork loin is accompanied 
at the time of importation into the United States by a certificate 
issued by a person authorized to issue such certificates by the 
veterinary services of the national government of the country of 
origin, stating:
    (1) That all the provisions of this section have been complied 
with, including paragraphs (i) and (m) of this section;
    (2) The paragraph of this section under which the dry-cured ham, 
pork shoulder, or pork loin was processed; and stating further that, if 
the product covered by the certificate:
    (i) Is an Italian-type ham processed under paragraph (i)(1) of this 
section, it was processed for a minimum of 400 days;
    (ii) Is a Serrano ham processed under paragraph (i)(2) of this 
section, it was processed for a minimum of 190 days or, if processed in 
a country where SVD exists, for a minimum of 560 days;
    (iii) Is an Iberian ham processed under paragraph (i)(3) of this 
section, it was processed for a minimum of 365 days or, if processed in 
a country where SVD exists, for a minimum of 560 days;
    (iv) Is a dry-cured pork shoulder, it was processed in accordance 
with paragraph (i)(4) of this section for a minimum of 240 days; or
    (v) Is a dry-cured pork loin, it was processed in accordance with 
paragraph (i)(5) of this section for a minimum of 130 days.

    Done in Washington, DC, this 7th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-9029 Filed 4-14-94; 8:45 am]
BILLING CODE 3410-34-P