[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43356-43358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20471]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 94-027F]
RIN 0583-AB84
Transporting Undenatured Poultry Feet to Other Establishments for
Processing Prior to Export
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending 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 are 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 is 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. This rulemaking was initiated in response to a petition
submitted to the Agency by DanD Food Marketing, Inc., Springfield, MO.
EFFECTIVE DATE: September 20, 1995.
[[Page 43357]]
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. Section 381.190(b) also 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. This final rule allows
processing establishments to use a central establishment for pre-export
processing of poultry feet provided the establishment official at the
receiving processing establishment remains accountable for the
identification of the source and the location of the poultry feet at
all times prior to their export. 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 amending 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 final rule requires those processing establishments that
receive undenatured poultry product from slaughter establishments for
further processing 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 must certify that the poultry product has not been and will
not be commingled with any products intended for human consumption
within the United States.
These recordkeeping requirements enable FSIS and the receiving
processing establishments to accurately identify and locate the
undenatured poultry product intended for export while still in the
central establishment. As a result, FSIS can easily determine that the
product has not been commingled with any products intended for domestic
consumption.
Discussion of Comments
FSIS received one comment in response to the proposed rule. The
commenter, a turkey products processor, is in favor of the proposal for
the following reason: having the ability to transport products of this
nature, specifically turkey feet, between facilities will allow the
company to process the product for the ultimate consumer in a safe and
sanitary manner, using the most economical means possible.
Executive Order 12866
This final 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 final 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 final 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
final rule. However, the administrative procedures specified in 9 CFR
Sec. 381.35 must be exhausted prior to any judicial challenge of the
application of the provisions of this final 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 determined that this final rule will not have
a significant economic impact on a
[[Page 43358]]
substantial number of small entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601). This final rule requires establishments
that receive undenatured poultry product 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 will be imposed on the
establishments.
Paperwork Requirements
Under this final rule, receiving poultry processing establishments
are required to maintain records that indicate the source of the
incoming undenatured poultry product, and track the poultry product
through processing and preparation for export. In addition, an official
of the receiving establishment must certify in writing that the product
has not been, nor will be, commingled with any product intended for
consumption in the United States. Establishments may develop their own
systems for gathering and maintaining this information. These
recordkeeping requirements have been approved by the Office of
Management and Budget under control number 0583-0104.
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 amending 9 CFR
part 381 as follows:
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.
(2) Section 381.190(b) is amended by revising the phrase ``in
subpart C or T'' in the first sentence to read ``in this paragraph (b)
and subpart C or T'' and designating that sentence as paragraph (b)(1);
by designating the second, third, and fourth sentences as paragraphs
(b)(2)(i) through (iii); by revising new paragraph (b)(2)(i); in new
paragraph (b)(2)(ii) by redesignating the subparagraphs formerly
designated as (1) through (3) as (A) through (C); and by 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) * * *, except as otherwise provided in this paragraph (b)
and subpart C or T.
(2)(i) 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)(i) 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:
(A) Identify the source of the incoming undenatured poultry
product;
(B) Identify the location of the product at all times during
processing and preparation for export; and
(C) Contain a written certification from an official of the
receiving establishment that the undenatured poultry product intended
for export has not been, and will not be, commingled with any product
intended for consumption in the United States.
(ii) The receiving establishment may only ship the undenatured
poultry product intended for export in accordance with the inspection
and labeling requirements of paragraph (b)(2) of this section.
* * * * *
Dated: August 11, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-20471 Filed 8-18-95; 8:45 am]
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