[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16616]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 1220

[Docket No. 94N-0148]

 

Regulations Under the Tea Importation Act; Tea Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
establishment of tea standards for the year beginning May 1, 1994, and 
ending April 30, 1995. The tea standards are provided for under the Tea 
Importation Act (the Act). The Act prohibits the importation of a tea 
that is inferior to the annual tea standard. Under the Act, the 
importation of a tea may be withheld until FDA examines the tea and is 
sure that it complies with the annual standard.

DATES: Effective May 1, 1994; written comments by August 10, 1994.

ADDRESSES: Submit written comments to the Docket Management Branch 
(HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., 
Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Michelle A. Smith, Center for Food 
Safety and Applied Nutrition (HFS-158), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-5099.

SUPPLEMENTARY INFORMATION: Because of the unique nature of the 
decisionmaking process for establishing annual standards for tea, the 
procedural protections that are part of this process, and the short 
period within which standards must be set, FDA has never, since the 
enactment in 1897 of the Act (21 U.S.C. 41), used notice and comment 
rulemaking for tea standards.
    Each final rule setting the standards is based on the 
recommendations of the Board of Tea Experts (the board), which is 
comprised of tea experts who are representative of the tea trade. The 
board selects standards each year according to the provisions of the 
Act. The board bases its selection on tea samples submitted by members 
of the tea trade to the board. Relying primarily on organoleptic 
examination, the board selects one tea to represent the standard for 
each major type of tea imported into the United States. In choosing a 
standard, the board tries to select one at least equal in quality to 
that of the previous year. The Act prohibits the importation of a tea 
that is inferior to the annual tea standard. Under the Act, the 
importation of a tea may be withheld until FDA examines the tea and is 
sure that it complies with the annual standard.
    The annual meeting of the board is open to the public and is 
announced in advance in the Federal Register. At the annual meeting any 
interested person may present data, information, or views orally or in 
writing regarding new standards.
    The annual tea standards are prepared and submitted to the 
Secretary of Health and Human Services by the board (21 CFR 1220.41).
    Should a tea importer be dissatisfied with an FDA tea examiner's 
rejection of a shipment of tea, the importer can refer its complaint to 
the U.S. Board of Tea Appeals and then to the U.S. Court of Appeals. 
FDA is unaware of any complaints or arguments having ever occurred 
concerning a designated standard, despite the many years since the 
enactment of the Act.
    FDA concludes that notice and comment rulemaking to set tea 
standards is impracticable, contrary to the public interest, and 
unnecessary by virtue of the factors discussed above, i.e., the unique, 
longstanding procedures that apply to establishing a standard, the fact 
that standards are based principally on organoleptic examinations by 
tea experts, the public participation opportunities already provided, 
and the timeframes required for issuing annual standards. Hence, the 
agency is not following notice and comment rulemaking procedures in 
establishing the final tea standards for 1994.

Environmental Impact

    The agency has determined under 21 CFR 25.24(b)(1) that this action 
is of a type that does not individually or cumulatively have a 
significant impact on the human environment. Therefore, neither an 
environmental assessment nor an environmental impact statement is 
required.

Analysis of Impacts

    FDA has examined the impacts of the final rule under Executive 
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
Executive Order 12866 directs agencies to assess all costs and benefits 
of available regulatory alternatives and, when regulation is necessary, 
to select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity). The agency believes that 
this final rule is consistent with the regulatory philosophy and 
principles identified in the Executive Order. In addition, the final 
rule is not a significant regulatory action as defined by the Executive 
Order and so is not subject to review under the Executive Order.
    The impact of this rule on small entities, including small 
businesses, was reviewed in accordance with the Regulatory Flexibility 
Act (Pub. L. 96-354) (5 U.S.C. 601). FDA has concluded that this action 
will not result in a significant economic impact on a substantial 
number of small entities. Therefore, FDA certifies, in accordance with 
section 605(b) of the Regulatory Flexibility Act, that no significant 
economic impact on a substantial number of small entities will derive 
from this action.
    Interested persons may, on or before August 10, 1994, submit to the 
Dockets Management Branch (address above) written comments regarding 
this regulation. Two copies of any comments are to be submitted, except 
that individuals may submit one copy. Comments are to be identified 
with the docket number found in brackets in the heading of this 
document. Received comments may be seen in the office above between 9 
a.m. and 4 p.m., Monday through Friday. Any changes in this regulation 
justified by such comments will be the subject of a further amendment.

List of Subjects in 21 CFR Part 1220

    Administrative practice and procedure, Customs duties and 
inspection, Imports, Public health, Tea.
    Therefore, under the authority delegated to the Secretary of Health 
and Human Services by the Tea Importation Act and under authority 
delegated to the Commissioner of Food and Drugs, 21 CFR part 1220 is 
amended as follows:

PART 1220--REGULATIONS UNDER THE TEA IMPORTATION ACT

    1. The authority citation for 21 CFR part 1220 continues to read as 
follows:

    Authority: 21 U.S.C. 41-50; 19 U.S.C. 1311.

    2. Section 1220.40 is amended by revising paragraph (a) to read as 
follows:


Sec. 1220.40  Tea standards.

    (a) Samples for standards of the following teas, prepared, 
identified, and submitted by the Board of Tea Experts on February 25, 
1994, are hereby fixed and established as the standards of purity, 
quality, and fitness for consumption under the Tea Importation Act for 
the year beginning May 1, 1994, and ending April 30, 1995:
    (1) Black Tea (for all teas except those from the People's Republic 
of China (China), Taiwan (Formosa), Iran, Japan, Russia, Turkey, and 
Argentina).
    (2) Black Tea (for Argentina teas).
    (3) Black Tea (for teas from the People's Republic of China 
(China), Taiwan (Formosa), Iran, Japan, Russia, and Turkey).
    (4) Green Tea (of all origins).
    (5) Formosa Oolong.
    (6) Canton Oolong (for all Canton types from the People's Republic 
of China (China) and Taiwan (Formosa)).
    (7) Scented Black Tea.
    (8) Spiced Tea.
    These standards apply to tea shipped from abroad on or after May 1, 
1994.
 * * * * *

    Dated: June 30, 1994.
 Michael R. Taylor,
 Deputy Commissioner for Policy.
[FR Doc. 94-16616 Filed 7-8-94; 8:45 am]
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