[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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