[Federal Register Volume 63, Number 7 (Monday, January 12, 1998)]
[Proposed Rules]
[Pages 1800-1802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-574]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 97-079P]
RIN 0583-AC40


Pathogen Reduction; Hazard Analysis and Critical Control Point 
(HACCP) Systems--Salmonella Performance Standard for Fresh Pork Sausage

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: FSIS is proposing to add a Salmonella performance standard for 
fresh pork sausage to the Federal meat inspection regulations. On 
November 14, 1997, FSIS published this performance standard in a direct 
final rule. The Agency received an adverse

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comment regarding the performance standard. Accordingly, FSIS has 
withdrawn the performance standard regulatory amendment (published 
elsewhere in this issue of the Federal Register) and is issuing this 
proposed rule.

DATES: Comments must be received on or before February 11, 1998.

ADDRESSES: Send an original and two copies of written comments to: FSIS 
Docket Clerk, Docket #97-079P, Room 102, Cotton Annex, 300 12th Street, 
SW, Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC 20250-3700. Reference materials cited in this docket 
will be available for public inspection in the FSIS Docket Room from 
8:30 to 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Stolfa, Assistant Deputy 
Administrator, Office of Policy, Program Development and Evaluation; 
(202) 205-0699.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 1997, FSIS published the direct final rule 
``Pathogen Reduction; Hazard Analysis and Critical Control Point 
(HACCP) Systems--Sample Collection--Technical Amendments'' (62 FR 
61007). Among other things, that direct final rule established a 
Salmonella performance standard for fresh pork sausage (9 CFR 
310.25(b)(1)). During the 30-day comment FSIS received an adverse 
comment to this regulatory amendment from the law firm of McDermott, 
Will, & Emery, representing Jimmy Dean Foods, Inc. and Odom's Tennessee 
Pride Sausage, Inc. The comment raised concerns regarding the 
methodology used to establish the performance standard and stated that 
``it is our clients'' intention to provide additional data and 
information within the context of notice and comment rulemaking on this 
issue.'' Therefore, FSIS has withdrawn the performance standard 
established in 9 CFR 310.25 in a withdrawal notification published 
elsewhere in this issue of the Federal Register.
    As stated in FSIS's direct final rule, if the Agency received 
adverse comments within the scope of the rulemaking, then a proposed 
rule would be issue. Accordingly, FSIS is proposing a Salmonella 
performance standard for fresh pork sausages. The performance standard 
is 30% (percent positive for Salmonella), the number of samples tested 
(n) equals 53, and the maximum number of positives to achieve the 
standard (c) equals 18. The same methodology was used to develop this 
performance standard as for ground beef and ground poultry. To further 
explain how the performance standard was developed, FSIS is making 
available copies of the paper ``Estimation of Salmonella Prevalence in 
25-gram Portions of Fresh Ground Pork'' in the FSIS Docket Room.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant and, 
therefore, has not been reviewed by the Office of Management and 
Budget.
    The Administrator has made an initial determination that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities, as defined by the Regulatory 
Flexibility Act (5 U.S.C. 601).
    The Pathogen Reduction/HACCP final rule included a Final Regulatory 
Impact Assessment (FRIA) (61 FR 38945). This proposed rule does not 
change the cost and benefit estimates and impact assessments presented 
in the FRIA.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule becomes final: (1) All 
state and local laws and regulations that are inconsistent with this 
rule will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Requirements

    The Pathogen Reduction/HACCP final rule included a paperwork 
analysis (61 FR 38862) prepared in accordance with the Paperwork 
Reduction Act. FSIS has determined that this proposed rule will not 
change any information collection burden hours.

Proposed Rule

List of Subjects in 9 CFR Part 310

    Animal diseases, Meat inspection.

    For the reason set forth in this preamble, 9 CFR chapter III would 
be amended as follows:

PART 310--POST MORTEM INSPECTION

    1. The authority citation for part 310 would continue to read as 
follows:

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

    2. Section 310.25 would be amended by revising Table 2 in paragraph 
(b)(1) to read as follows:


Sec. 310.25  Contamination with microorganisms; pathogen reduction 
performance standards for Salmonella.

* * * * *
    (b) * * *
    (1) * * *

                                   Table 2.--Salmonella Performance Standards                                   
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                                                                    Performance                       Maximum   
                                                                     Standard        Number of       number of  
                        Class of product                             (percent         samples      positives to 
                                                                   positive for     tested  (n)       achieve   
                                                                   Salmonella) a                   Standard  (c)
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Steers/heifers..................................................             1.0              82               1
Cows/bulls......................................................             2.7              58               2
Ground beef.....................................................             7.5              53               5
Hogs............................................................             8.7              55               6
Fresh pork sausages.............................................              30              53              18
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a Performance Standards are FSIS's calculation of the national prevalence of Salmonella on the indicated raw    
  product based on data developed by FSIS in its nationwide microbiological data collection programs and        
  surveys. (Copies of Reports on FSIS's Nationwide Microbiological Data Collection Programs and Nationwide      
  Microbiological Surveys used in determining the prevalence of Salmonella on raw products are available in the 
  FSIS Docket Room.)                                                                                            


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* * * * *
    Done at Washington, DC, on January 5, 1998.
Thomas J. Billy,
Administrator.
[FR Doc. 98-574 Filed 1-9-98; 8:45 am]
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