[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]
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