[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11504-11514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6645]
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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: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is 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two outdated official stamp imprints, and adding three new official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.
EFFECTIVE DATE: April 22, 1996.
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 rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by OMB.
This 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 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 action on small
entities.
The purpose of the RFA is to fit regulatory actions to the scale of
the
[[Page 11505]]
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
After implementation of the rule the unit cost for providing meat
grading and certification services will remain at approximately $.0009
per pound. Therefore, implementation of the changes will 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 rule will not have a
significant economic impact on a substantial number of small entities
as defined by the RFA.
Paperwork Reduction Act
The action replaces two forms with new editions. However, the new
forms will be completed by AMS graders will not be a burdon on the
public. Therefore, under the provisions of the Paperwork Reduction Act
the forms 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, Sections 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 rule.
The program will also 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 will allow meat graders to apply
significantly fewer stamp imprints while ensuring complete grade
identification within the slaughter facility. The new stamps will 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 will 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 substitutes ``Certification service'' for ``Acceptance
service''--in all locations--because not all work performed results in
accepted products, and adds 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 fulltime basis. The Contract Verification Program
evaluates contractually purchased products, and provides purchasers an
evaluation of how accurately a contractor is adhering 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.
Comments
On October 13, 1995, the Agency published in the Federal Register
(60FR198) a proposed rule to amend the regulations adding new stamp
imprints, services, and certificate forms, and removing no longer in
use stamps and certificate forms which were not being used. This
proposed rule was published allowing the opportunity for public comment
as a means for providing full participation in the rulemaking process.
Comments on this proposed rule were requested by November 12, 1995.
During the 30-day comment period, the Agency received comments from one
meat industry group.
Discussion of Comments
The commenter expressed concern about stamp imprint legibility of
the New stamp because of rough exterior surface fat. The Agency
realizes that changing industry practices have resulted in a less
desirable surface to apply a stamp imprint. However, after testing the
new stamp on hundreds of thousands of carcasses, the Agency determined
the new stamp applies a satisfactory imprint on surfaces that are
sufficiently dry.
The commenter expressed concern over the requirement of stamp users
to institute the use of grade labeled bags, and the associated costs
that must be passed to the consumer [use of the new stamp and grade
labeled bags is restricted to facilities with in-house fabrication
capability]. The high cost of implementing use of grade labeled bags
was a major concern of other companies, but all are now marketing
competitive priced products. The Agency shares concern about rising
cost burdening consumers; the use of the new stamp will no longer
require a full roller brand, and therefore, one less employment
position in the grading process. This stamp will also significantly
reduce meat branding ink use, and its associated discoloration problems
in processed products. Reduced salaries and benefits, combined with
lessened meat branding usage cost, will offset any cost of grade
labeled bags. The Agency anticipates other cost savings through
undiscovered new operational efficiencies. An additional benefit of
using grade labeled bags is obtained through positive grade identity
through the marketing chain. However, when intact carcasses are
shipped, they will continue to be fully roller branded.
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 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. 1622-1624.
2. In Sec. 54.1, the definition ``Acceptance service'' is removed
and four new definitions are added to read as follows:
Sec. 54.1 Meaning of words.
* * * * *
Certification service. The service established and conducted under
the regulations for the determination and certification or other
identification of the compliance of products with specifications.
* * * * *
Contract verification service. A program allowing institutions or
other
[[Page 11506]]
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 purposes,
only product certified by the Meat Grading and Certification Branch may
contain the letters ``IMPS'' on the product label.
* * * * *
Quality Systems Certification Program. 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 service'' are removed in
the third sentence and the words ``Certification service'' are added in
their place, and a new sentence is added at the end of the section 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) and figures 1 and 2 are
revised to read as follows:
Sec. 54.14 Official certificates.
(a) Agricultural Products Certificate Form LS-5-3 (Figure 1) is the
official certificate for products under the regulations. The official
grader shall prepare, sign, and issue an Agricultural Products
Certificate Form LS-5-3 covering products for which that grader
determined final specification compliance. Where weight or count is
verified, the grader shall initial in the block titled ``Weights and
Total Count Verified.''
(b) Applicant Charges Certificate Form LS-5-5 (Figure 2) 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 the text in paragraph (b),
(2) revising paragraph (c),
(3) revising paragraph (d),
(4) revising paragraph (e),
(5) revising paragraph (f),
(6) revising paragraph (g), 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 ``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)(1) 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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(2) 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: February 21, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-6645 Filed 3-20-96; 8:45 am]
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