[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19685-19686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9665]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / 
Proposed Rules  
[[Page 19685]]

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 94-027P]
RIN 0583-AB84


Transporting Undenatured Poultry Feet to Other Establishments for 
Processing Prior to Export

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
amend the poultry products inspection regulations to permit the 
transportation of undenatured poultry feet from one federally inspected 
poultry establishment to another establishment for further processing 
before the feet are exported. Establishments would be permitted to ship 
undenatured poultry feet to another establishment for export provided 
that the receiving establishment maintains records that identify the 
incoming undenatured poultry feet, their source, and their location at 
all times during processing. The receiving establishment would be 
required to certify in writing that the poultry feet have not been, nor 
will be, commingled with other products intended for human consumption 
within the United States. We are initiating this rulemaking in response 
to a petition submitted to the Agency by DanD Food Marketing, Inc., 
Springfield, MO.

DATES: Comments must be received on or before June 19, 1995.

ADDRESSES: Submit written comments in triplicate to Diane Moore, Docket 
Clerk, U.S. Department of Agriculture, Food Safety and Inspection 
Service, Room 3171-S, Washington, DC 20250-3700. Please refer to docket 
number 94-027P in your comments. Any person desiring an opportunity for 
oral presentation of views as provided under the Poultry Products 
Inspection Act should contact Dr. Paula M. Cohen at (202) 720-7164 so 
that arrangements can be made. All comments submitted in response to 
this proposal will be available for public inspection in the Docket 
Clerk's Office between 8:30 a.m. and 1:00 p.m., and 2:00 p.m. and 4:30 
p.m., Monday through Friday.

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

    Section 9 of the Poultry Products Inspection Act (21 U.S.C. 458) 
prohibits the sale, [or] transportation, * * * from an official 
establishment, [of] any slaughtered poultry from which the * * * feet * 
* * have not been removed * * * except as may be authorized by 
regulations of the Secretary. Section 381.147(b) of the poultry 
products inspection regulations (9 CFR 381.147(b)) permits the 
processing of poultry feet for use as human food when handled in a 
manner approved by the [FSIS] Administrator in specific cases. 9 CFR 
381.190(b) permits poultry feet collected and handled in an acceptable 
manner at an official establishment to be shipped from the official 
establishment and in commerce directly for export for further 
processing as human food, if they have been examined, found to be 
suitable for such purpose, and labeled as prescribed.
    In 1994, DanD Food Marketing, Inc., Springfield, MO, a poultry 
slaughterer and processor, petitioned FSIS to amend the poultry 
products inspection regulations to permit the transportation of 
undenatured poultry feet from one or more establishments to another 
establishment, where the feet would be further processed for export. 
The petitioner provided FSIS with documents that set forth the 
procedures and safeguards that would be used by the receiving 
establishment when handling and processing the undenatured poultry 
feet. FSIS has reviewed the information submitted by the petitioner and 
has determined that the proposed procedures would ensure that the 
undenatured poultry feet are neither diverted to nor commingled with 
any product intended for domestic use.
    The foreign demand for poultry feet continues to increase. However, 
as currently written, 9 CFR 381.190(b) does not permit an exporter of 
poultry feet to ship undenatured product from one slaughter 
establishment to a central establishment for processing before export. 
To prevent the possible commingling of the poultry feet with poultry 
products intended for domestic consumption, exporters must ship the 
poultry feet directly overseas from the original slaughter 
establishment. As a result, it is difficult for the exporters to keep 
up with the foreign demand for the poultry feet due to a lack of space 
and manpower in some slaughter establishments. As long as the 
establishment official at the receiving processing establishment 
remains accountable for the location of the poultry feet at all times 
before their export, this proposal would allow them to use a central 
establishment for pre-export processing. Furthermore, when poultry feet 
are handled in accordance with 9 CFR 381.190(c), sanitary 
transportation conditions are maintained, and the possibility of the 
product becoming contaminated or adulterated while en route to another 
establishment for processing prior to export is minimized. Therefore, 
we are proposing to amend the regulations to allow the transportation 
of undenatured poultry feet from one or more establishments to another 
official establishment for further processing before export.
    Section 381.175(a) of the poultry products inspection regulations 
requires that every person, firm, or corporation engaged in certain 
activities related to poultry production and distribution maintain 
records which fully and correctly disclose all transactions involved in 
the business. Section 381.175(b) details the kinds of records that must 
be maintained, but does not specify the format for such recordkeeping. 
``Transactions'' have been traditionally interpreted by FSIS to be 
sales, purchases, transportation, receipt, or handling of poultry 
products that would demonstrate the sources of the poultry products.
    This proposal would require those processing establishments that 
receive undenatured poultry feet from slaughter establishments for 
further processing [[Page 19686]] before export overseas to maintain 
records that identify the incoming product, i.e, poultry feet, and 
their source, and identify the location of the product at all times 
during the processing and preparation for export. In addition, an 
establishment official would certify that the poultry feet have not 
been and will not be commingled with any products intended for human 
consumption within the United States.
    These recordkeeping requirements would enable FSIS and the 
receiving processing establishments to accurately identify and locate 
the undenatured poultry feet intended for export while still in the 
central establishment. FSIS could then determine that the product has 
not been commingled with any products intended for domestic 
consumption.

Executive Order 12866

    This proposed 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 proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. States and local jurisdictions are preempted 
under the Poultry Products Inspection Act (PPIA) from imposing any 
marking or packaging requirements on federally inspected poultry 
products that are in addition to, or different than, those imposed 
under the PPIA. States and local jurisdictions may, however, exercise 
concurrent jurisdiction over poultry products that are outside official 
establishments for the purpose of preventing the distribution of 
poultry products that are misbranded or adulterated under the PPIA, or, 
in the case of imported articles, which are not at such an 
establishment, after their entry into the United States. Under the 
PPIA, States that maintain poultry inspection programs must impose 
requirements on State inspected products and establishments that are at 
least equal to those required under the PPIA. These States may, 
however, impose more stringent requirements on such State inspected 
products and establishments.
    This proposed 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 
proposed rule. However, the administrative procedures specified in 9 
CFR 381.35 must be exhausted prior to any judicial challenge of the 
application of the provisions of this proposed rule, if the challenge 
involves any decision of an FSIS employee relating to inspection 
services provided under the PPIA.

Effect on Small Entities

    The Administrator has made an initial determination that this 
proposed 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 proposal would require 
establishments that receive undenatured poultry feet for processing 
prior to export to record the source of the incoming product, identify 
its location at all times during processing and preparation for export, 
and certify that the product has not been, nor will be, commingled with 
any product intended for domestic use. While some establishments may 
have to change their current recordkeeping practices and make changes 
to their production practices to accommodate the proposed recordkeeping 
requirements, no significant economic impact would be imposed on the 
establishments.

Paperwork Requirements

    Under this proposed rule, receiving poultry processing 
establishments would be required to maintain records that indicate the 
source of the incoming undenatured poultry feet, and track the poultry 
feet through processing and preparation for export. In addition, an 
official of the receiving establishment would certify in writing that 
the feet have not been, nor will be, commingled with any product 
intended for consumption in the United States. Establishments would 
develop their own systems for gathering and maintaining this 
information. These recordkeeping requirements have been submitted to 
the Office of Management and Budget for approval under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 381

    Exports, Poultry and poultry products, Reporting and recordkeeping 
requirements, Transportation.

    For the reasons set forth in the preamble, FSIS is proposing to 
amend 9 CFR part 381 as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    1. The authority citation for part 381 would continue 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.

    2. Section 381.190 would be amended by revising the phrase ``in 
subpart C or T'' in the first sentence of paragraph (b) to read ``in 
this subsection and subpart C or T'' and disignating that sentence as 
paragraph (b)(1); revising the second sentence and designating it and 
the final two sentences of paragraph (b) as paragraph (b)(2), and 
adding a new paragraph (b)(3) to read as follows:


Sec. 381.190  Transactions in slaughtered poultry and other poultry 
products restricted; vehicle sanitation requirements.

* * * * *
    (b)(1) * * *
    (2) Poultry heads and feet that are collected and handled at an 
official establishment in an acceptable manner may be shipped from the 
official establishment directly for export as human food, if they have 
been examined and found to be suitable for such purpose, by an 
inspector and are labeled as prescribed in this paragraph. * * *
    (3) Poultry heads and feet that are collected and handled at an 
official establishment in an acceptable manner may be shipped from the 
official establishment and in commerce directly to another official 
establishment for processing before export, provided the receiving 
establishment maintains records that:
    (i) Identify the source of the incoming undenatured poultry feet;
    (ii) Identify the location of the product at all times during 
processing and preparation for export; and
    (iii) Contain a written certification from an official of the 
receiving establishment that the undenatured poultry feet intended for 
export have not been, and will not be, commingled with any product 
intended for consumption in the United States. The receiving 
establishment may only ship the undenatured poultry feet intended for 
export in accordance with the inspection and labeling requirements of 
paragraph (b)(2) of this section.
* * * * *
    Dated: April 12, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-9665 Filed 4-19-95; 8:45 am]
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