[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]
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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.
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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two outdated official stamp imprints, and adding three new official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
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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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(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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(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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(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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(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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(h) The following constitute forms of official identification under
the regulations to show compliance of products:
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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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(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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(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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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]
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