[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53283-53307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25122]



 ========================================================================
 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. 198 / Friday, October 13, 1995 / 
Proposed Rules  

[[Page 53283]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 54

[No. LS-95-006]


Amendment to Meats, Prepared Meats, and Meat Products (Grading, 
Certification and Standards)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes amending the 
Meats, Prepared Meats, and Meat Products (Grading, Certification and 
Standards) by adding definitions, changing certificate forms, removing 
two outdated official stamp imprints, and adding three new official 
stamp imprints. Program changes made to better serve our customers and 
improve efficiency resulted in development of the above new items, and 
caused the disuse of the old stamps and certificates.

DATES: Written comments must be received by November 13, 1995.

ADDRESSES: Send two copies of comments to Larry R. Meadows, Chief; Meat 
Grading and Certification Branch; Livestock and Seed Division, Room 
2628-S; PO Box 96456; Washington, DC 20090-6456. Comments will be 
available for public inspection during regular business hours in Room 
2628, South Building, 14th and Independence Avenue, SW., Washington DC 
20250. All comments should reference the docket number, date, and page 
number of the issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT:
Larry R. Meadows, Chief, Meat Grading and Certification Branch, (202) 
720-1246.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12778 and the Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by OMB.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. It is not intended to have retroactive effect. 
This rule would not preempt any State or local laws, regulations, or 
policies unless they present an irreconcilable conflict with this rule. 
There are no administrative procedures which must be exhausted prior to 
any judicial challenge to this proposed rule or the application of its 
provisions.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (Pub. L. 96-354, 5 U.S.C. 601 et seq.), the Administrator of 
the AMS has considered the economic impact of this proposed action on 
small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
the businesses subject to such actions in order that small businesses 
will not be unduly or disproportionately burdened.
    After implementation of the proposed rule the unit cost for 
providing meat grading and certification services would remain at 
approximately $.0009 per pound. Therefore, implementation of the 
proposed changes would not significantly affect the cost of providing 
meat grading and certification services to the meat industry. 
Accordingly, the Administrator of AMS has determined that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities as defined by the RFA.

Paperwork Reduction Act

    The proposed action is replacing two forms with new editions. 
However, the new forms will be completed by AMS graders and will not be 
a burden on the public. Therefore, under the provisions of the 
Paperwork Reduction Act the forms being proposed will not be reviewed 
by OMB.

Background

    The Secretary of Agriculture is authorized under the Agricultural 
Marketing Act (AMA) of 1946, as amended, 7 U.S.C. 1621 et seq., to 
provide voluntary Federal meat grading and acceptance services to 
facilitate the orderly marketing of meat and meat products and to 
enable consumers to obtain the quality of meat they desire. As program 
activities or industry practices change, the regulations governing such 
activities require updating. Since July 1990, when title 7, subtitle B, 
chapter I, subchapter C, part 54, Sec. 54.1-54.26 was last amended, the 
program revised official certificates and other documents. The two new 
certificates, which allow up to five program employees to charge an 
applicant on one document, significantly reduce preparation time, 
certificate usage, and documents sent to users of the service. As a 
result of the changes to the official certificates, new representations 
are included in the proposed.
    The program also proposes to add a single stamp and a series of 
three new official stamps, which were developed to prevent repetitive 
motion injuries to our personnel. The program conducted a study of all 
aspects of the work, and consulted experts in ergonomics prior to 
developing the new stamps. The new stamps would allow meat graders to 
apply significantly fewer stamp imprints while ensuring complete grade 
identification within the slaughter facility. The new stamps would be 
used in conjunction with grade labeled bags ensuring full grade 
identification throughout the marketing chain. The new stamps will also 
reduce the amount of meat branding ink placed on carcasses. Meat 
branding ink on calf, veal, lamb, and in processed beef products can 
produce discolored spots, which detract from appearances. The new 
certificates and stamps are now in use.
    The program proposes to remove the following two outdated, no 
longer in use, official stamps: ``U.S.D.A. PRE-IDENT FEDERAL 
PURCHASE,'' and ``U.S.D.A. EXAMINED AS CERTIFIED.''
    The program proposes to substitute ``Certification service'' for 
``Acceptance service''--in all locations--because not all work 
performed results in accepted products, and proposes to add the newly-
developed Quality Systems Certification and Contract Verification 
Programs, which are not currently defined under the regulations and 
require explanation. The Quality Systems Certification Program (QSCP) 
evaluates processes to assure that vendors produce acceptable products 
without evaluating end products on a full-time basis. The Contract 
Verification Program evaluates contractually purchased products, and 
provides purchasers an evaluation of how accurately a contractor is 
adhering 

[[Page 53284]]
to contractual requirements. Both programs will be available on a 
single-use consultation-fee basis or on a retainer-fee basis for long 
term usage. In conjunction with the new QSCP service, the program 
developed a new identification mark. The program provides for the new 
mark to be used on advertising materials but not directly on retail 
packaging.

List of Subjects in 7 CFR Part 54

    Food grades and standards, Food labeling, Meat and meat products.

    For the reasons set forth in the preamble, 7 CFR part 54 is 
proposed to be amended as follows:

PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, 
CERTIFICATION AND STANDARDS)

    1. The authority citation for part 54 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 1624.

    2. In Sec. 54.1, the term ``Acceptance service'' is revised to read 
``Certification service'' and three new definitions are added to read 
as follows:


Sec. 54.1  Meaning of words.

* * * * *
    Contract verification. A program allowing institutions or other 
large purchasers of commodity products to have those products compared 
to contractual requirements.
    Institutional meat purchase specifications. Specifications 
describing various meat cuts, meat products, and meat food products 
derived from all livestock species, commonly abbreviated ``IMPS'', and 
intended for use by any meat procuring activity. For labeling proposes, 
only product certified by the Meat Grading and Certification Branch may 
contain the letters ``IMPS'' on the product label.
    Quality systems certification. A multifaceted program allowing all 
aspects of the livestock industry to have quality systems, or processes 
within quality systems, verified by AMS agent(s) to effectuate use of 
such quality systems to meet contractual requirements, or as a 
marketing tool.
* * * * *
    3. In Sec. 54.4, the words ``Acceptance Services'' are revised to 
read ``Certification service'' and a new sentence is added at the end 
of the paragraph to read as follows:


Sec. 54.4  Kind of service.

    * * * The Contract Verification Service, under the regulations, 
provides wholesale buyers of noncertified commodity products a method 
of determining whether procurement(s) meet contractually specified 
requirements. The Quality Systems Certification Program, under the 
regulations, provides meatpackers, processors, producers, or other 
businesses in the livestock and meat trade the ability to have special 
processes or documented quality management systems verified.
* * * * *
    4. In Sec. 54.14, paragraphs (a) and (b) are revised to read as 
follows:


Sec. 54.14  Official certificates.

    (a) The official grader shall prepare, sign, and issue an 
Agricultural Products Certificate Form LS-5-3 (Figure 1) covering 
products for which that grader determined final specification 
compliance.
    (b) Forms. Figure 1 is the official certificate for products under 
the regulations. Where weight or count is verified, the grader shall 
initial in the block titled ``Weights and Total Count Verified''. 
Figure 2 is an Applicant Charges Certificate Form LS-5-5, and will be 
used to reduce paperwork for applicants assigned multiple graders. 
Assigned graders will complete one Form LS-5-5. Each grader will enter 
their code letters and signature in the appropriate location(s) to 
indicate certificate completion.

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    5. Sec. 54.17 is amended by:
    (1) revising paragraph (b) text only.
    (2) revising paragraph (c) and ``Figure 1.''
    (3) revising paragraph (d) and ``Figure 2.''
    (4) revising paragraph (e) introductory text and ``Figure 1'' and 
removing ``Figures 2 through 5.''
    (5) revising paragraph (f), adding a ``Figure 1'' immediately 
following it, and removing ``Figure 6.''
    (6) revising paragraph (g) and revising ``Figure 1'' immediately 
following it, and
    (7) adding new paragraphs (h), (i), (j), and (k) to read as 
follows:


Sec. 54.17  Official identifications.

* * * * *
    (b) A shield enclosing the letters ``USDA'' as shown in Figure 1 
with the appropriate quality grade designation ``Prime,'' ``Choice,'' 
``Select,' ``Good,'' ``Standard,'' ``Commercial,'' ``Utility,'' 
``Cutter,'' ``Canner,'' or ``Cull,'' as provided in the Official United 
States Standards for Grades of Beef, Veal and Calf, Lamb, Yearling 
Mutton, and Mutton Carcasses and accompanied by the class designation 
``Bullock,'' ``Veal,'' ``Calf,'' ``Lamb,'' ``Yearling Mutton,'' or 
``Mutton,'' constitutes a form of official identification under the 
regulations to show the quality grade, and where necessary the class, 
undersaid standards, of steer, heifer, and cow beef, veal, calf, lamb, 
yearling mutton and mutton. The code identification letters of the 
grader performing the service will appear intermittently outside the 
shield.
* * * * *
    (c) A shield enclosing the letters ``USDA'' and the words ``Yield 
Grade,'' as in Figure 1, with the appropriate yield grade designation 
``1,'' ``2,'' ``3,'' ``4,'' or ``5'' as provided in the Official United 
States Standards for Grades of Fresh Beef Carcasses and the Official 
United States Standards for Grades of Lamb, Yearling Mutton, and Mutton 
Carcasses constitutes a form of official identification under the 
regulations to show the yield grade under said standards. When yield 
graded, bull and bullock carcasses will be identified with the class 
designation ``Bull'' and ``Bullock,'' respectively. The code 
identification letters of the grader performing the service will appear 
outside the shield.

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BILLING CODE 3410-02-C

[[Page 53289]]

    (d) Under the regulations, for carcass grade identification 
purposes only, a shield enclosing the letters ``USDA'' with the 
appropriate yield grade designation number of ``1,'' ``2,'' ``3,'' 
``4,'' or ``5'' between the ``US'' and ``DA'', with the appropriate 
quality grade designation of ``Prime,'' ``Choice,'' or ``Select,'' 
below both as shown in Figure 1. The code identification letters for 
the grader performing the service will appear outside underneath the 
shield.

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BILLING CODE 3410-02-C

[[Page 53291]]

    (e) Under the regulations, for yield grade identification purposes 
only, a shield enclosing the letters ``US'' on one side and ``DA'' on 
the other, with the appropriate Yield Grade designation number of 
``1,'' ``2,'' ``3,'' ``4,'' or ``5'' as shown in Figure 1. The code 
identification letters for the grader performing the service will 
appear outside underneath the shield.

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BILLING CODE 3410-02-C

[[Page 53293]]

    (f) Under the regulations, for quality grade identification only, a 
shield enclosing the letters ``US'' on one side and ``DA'' on the other 
with the appropriate Quality Grade designation of ``Prime,'' 
``Choice,'' or ``Select'' as shown in Figure 1. The code identification 
letters for the grader performing the service will appear outside 
underneath the shield.

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BILLING CODE 3410-02-C

[[Page 53295]]

    (g) The letters ``USDA'' with the appropriate grade designation 
``1,'' ``2,'' ``3,'' ``4,'' ``Utility,'' or ``Cull'' enclosed in a 
shield as shown in Figure 1, as provided in the Official United States 
Standards for Grades of Pork Carcasses, constitutes a form of official 
identification under the regulations to show the grade under said 
standards of barrow, gilt, and sow pork carcasses.

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BILLING CODE 3410-02-C

[[Page 53297]]

    (h) The following constitute forms of official identification under 
the regulations to show compliance of products:

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BILLING CODE 3410-02-C

[[Page 53301]]

    Note: The letters ``RWX'', and ``UF'' shown in figures 1, and 2 
are examples, respectively, of the code identification letters of 
the official grader performing the service.

    (i) The following, as shown in Figure 1, constitutes official 
identification to show quality system certification:

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BILLING CODE 3410-02-C

[[Page 53303]]

    (j) A shield-shaped ear tag enclosing the letters ``USDA'', the 
words ``Carcass Data Service,'' as shown below (Figure 1), and a serial 
number constitutes a form of official identification under the 
regulations for livestock and carcasses. Other information may appear 
on the backside of the ear tag at the option of the purchasers.

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BILLING CODE 3410-02-C

[[Page 53305]]

    (k) One device used by USDA graders is a rectangular, serially 
numbered, orange tag on which a shield encloses the letters ``USDA'' 
and the words ``Product Control'' as shown in Figure 1, constitutes a 
form of official identification under the regulations for meat and meat 
products.

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[[Page 53306]]
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BILLING CODE 3410-02-C

[[Page 53307]]

    Official graders and supervisors of grading may use ``Product 
Control'' tags or other methods and devices as approved by the 
Administrator for the identification and control of meat and meat 
products which are not in compliance with the regulations or are held 
pending the results of an examination. Any such meat or meat product so 
identified shall not be used, moved, or altered in any manner; nor 
shall official control identification be removed, without the express 
permission of an authorized representative of the USDA.
* * * * *
    Dated: September 27, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-25122 Filed 10-12-95; 8:45 am]
BILLING CODE 3410-02-M