[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Rules and Regulations]
[Pages 42143-42144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20540]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 317

[Docket No. 96-005DF]
RIN 0583-AC08


Net Weight Statement for Shingle Packed Bacon

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule; request for comments.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
Federal meat inspection regulations by removing an obsolete labeling 
requirement for certain sizes of shingle packed bacon. This rule 
applies the same requirements for net weight statements to all sizes of 
shingle packed bacon.

DATES: This rule will be effective on October 15, 1996 unless FSIS 
receives written adverse comments or written notice of intent to submit 
adverse comments on or before September 13, 1996. If FSIS receives 
adverse comments or notice of intent to submit adverse comments within 
the scope of this rule, FSIS will withdraw this rule and publish a 
proposed rule for public comment.

ADDRESSES: Send an original and two copies of written comments to: FSIS 
Docket Clerk, Docket #96-005DF, Room 4352, South Agriculture Building, 
Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Wade, Director, Food 
Labeling Division, Regulatory Programs, Food Safety and Inspection 
Service, U.S. Department of Agriculture, Washington, DC 20250, Area 
Code (202) 254-2590.

SUPPLEMENTARY INFORMATION:

Background

    FSIS has been petitioned to amend the Federal meat inspection 
regulations by removing an obsolete labeling requirement for certain 
sizes of shingle packed bacon. (Shingle packed bacon is sliced bacon 
packed in overlapping rows usually contained in a rectangular package.)
    Section 317.2(h)(13) of the Federal meat inspection regulations 
requires that the labeling of packages of bacon not in 8-ounce, 1-
pound, or 2-pound containers display the net quantity of the contents 
(net weight statement) with the same prominence as the largest feature 
of the label. In addition, the statement must be printed in a color of 
ink that contrasts sharply with the label's background.
    Section 317.2(h)(9)(v) provides that shingle packed bacon packed in 
8-ounce, 1-pound, or 2-pound containers is exempt from the labeling 
requirements regarding: (1) the placement of the net weight statement 
within the bottom 30 percent of the principal display panel, and (2) 
the expression of the net weight statement in terms of both pounds and 
ounces, if the net weight statement appears in a conspicuous manner on 
the principal display panel.
    Historically, shingle packed bacon was sold in 8-ounce, 1-pound, or 
2-pound packages. Over time, bacon manufacturers began packing bacon of 
different weights in the same size containers used for the traditional 
8-ounce, 1-pound, and 2-pound packages of bacon. For example, a 12-
ounce package of bacon was packed in the same size container as a 1-
pound package of bacon. To ensure that consumers were aware that there 
was less product in the same-size container, FSIS promulgated 
regulations to highlight to consumers the net weight statement on these 
packages. However, with heightened consumer awareness, the use of 
nutritional labeling, and the use of unit pricing at the retain level, 
FSIS agrees with the petitioner that this labeling requirement is no 
longer needed.
    Therefore, FSIS is amending the Federal meat inspection regulations 
by removing the labeling requirement for shingle packed bacon packed in 
other than 8-ounce, 1-pound, or 2-pound containers in 
Sec. 317.2(h)(13). FSIS is also removing the language that refers to 8-
ounce, 1-pound, and 2-pound packages of shingle packed bacon from 
Sec. 317.2(h)(9)(v). This action provides the same requirements for net 
weight statements for all sizes of shingle packed bacon.

Effective Date

    This rule is being published without a prior proposal because this 
action is viewed as noncontroversial, and FSIS does not anticipate any 
adverse public comments will be received. This rule will be effective 
60 days after the date of publication in the Federal Register unless 
FSIS receives written adverse comments or written notice of intent to 
submit adverse comments within 30 days of the date of publication of 
this rule in the Federal Register.
    If no adverse comments are received, FSIS will publish a notice in 
the Federal Register confirming that the rule is effective on the date 
indicated.

Executive Order 12866 and Effect on Small Entities

    This rule is considered not significant and therefore has not been 
reviewed by the Office of Management and Budget.
    The Administrator, FSIS, has determined that this rule will not 
have a significant impact on a substantial number of small entities. 
The rule merely removes an obsolete labeling requirement for shingle 
packed bacon packed in other than 8-ounce, 1-pound, or 2-pound 
containers.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule (1) preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

List of Subjects in 9 CFR Part 317

    Meat inspection, Food labeling.

    For the reasons discussed in the preamble, 9 CFR part 317 is 
amended as follows:

[[Page 42144]]

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

    1. The authority citation for part 317 continues to read as 
follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.

    2. Section 317.2 is amended by removing paragraph (h)(13) and 
revising paragraph (h)(9)(v) to read as follows:


Sec. 317.2  Labels: definition; required features.

* * * * *
    (h) * * *
    (9) * * *
    (v) Sliced shingle packed bacon in rectangular packages is exempt 
from the requirements of paragraphs (h)(3) and (h)(5) of this section 
regarding the placement of the statement of the net quantity of 
contents within the bottom 30 percent of the principal display panel, 
and that the statement be expressed both in ounces and in pounds, if 
the statement appears in a conspicuous manner on the principal display 
panel.
* * * * *
    Done at Washington, DC, on: August 6, 1996.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 96-20540 Filed 8-13-96; 8:45 am]
BILLING CODE 3410-DM-M