[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Proposed Rules]
[Pages 37897-37903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17937]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 96

[Docket No. 95-027-1]


Importation of Pork and Pork Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose to amend the regulations concerning the importation 
of pork and pork products into the United States. Specifically, we 
propose to allow pork that originates in a region

[[Page 37898]]

where African swine fever exists to be imported into the United States 
if it has been heated to an internal temperature of at least 69  deg.C 
after the bones have been removed. We also propose to provide an 
alternative, dry heat processing method for pork from regions where 
swine vesicular disease exists. In addition, we propose to make other 
minor amendments to the regulations for importing pork and pork 
products from regions where African swine fever, swine vesicular 
disease, or hog cholera exists. These proposed changes would relieve 
some restrictions on the importation of pork and pork products from 
regions where these diseases exist without presenting a significant 
risk of introducing African swine fever, hog cholera, or swine 
vesicular disease into the United States.

DATES: We invite you to comment on this docket. We will consider 
comments that we receive by September 13, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 95-
027-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that 
your comments refer to Docket No. 95-027-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including names of organizations and individuals who have 
commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Masoud A. Malik, Senior Staff 
Veterinarian, Import/Export Products, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; 
(301) 734-7834.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (the regulations) prohibit or 
restrict the importation of specified animals and animal products into 
the United States to prevent the introduction of various animal 
diseases, including foot-and-mouth disease, rinderpest, African swine 
fever (ASF), hog cholera (HC), and swine vesicular disease (SVD), into 
the United States. These are dangerous and destructive communicable 
diseases of ruminants and swine. Section 94.8 of the regulations 
restricts the importation of pork and pork products into the United 
States from regions in which ASF exists or is reasonably believed to 
exist (ASF regions). Section 94.9 of the regulations restricts the 
importation into the United States of pork and pork products from 
regions where HC is known to exist (HC regions). Section 94.12 of the 
regulations restricts the importation into the United States of pork 
and pork products from regions where SVD is known to exist (SVD 
regions).

Pork From an ASF Region

    Pork and pork products from an ASF region must be processed as 
specified in the regulations to be eligible for entry into the United 
States. One of the options for processing pork and pork products in an 
ASF region is that the bones must be removed and then the pork or pork 
product heated, by a method other than flash heating, to an internal 
temperature of at least 69  deg.C. (156  deg.F.) throughout. To qualify 
for this option, the pork or pork products must have originated from 
swine raised and slaughtered in a region free of ASF. Research 
1 has shown that heating the pork or pork products to an 
internal temperature of at least 69  deg.C. after bone removal is 
sufficient, by itself, to destroy the virus that causes ASF. Therefore, 
we propose to remove the requirement that the pork or pork products 
originate from swine from an ASF-free region.
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    \1\ See P. D. McKercher, W. R. Hess, and F. Hamdy, ``Residual 
Viruses in Pork Products,'' J. Applied and Environmental 
Microbiology 35, 142-145 (1978) and P. D. McKercher, D. O, Morgan, 
J. W. McVicar, and M. J. Shuot, ``Thermal Processing to Interactive 
Viruses in Meat Products,'' Proceedings of the 84th Annual Meeting 
of the United States Animal Health Association, San Diego, 
California, 320-328 (1980).
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    Section 94.8 includes several requirements related to the 
requirement we are proposing to remove. These include requirements that 
the pork be shipped to the processing facility in the ASF region in a 
sealed container and accompanied by a certificate of origin. These 
requirements would not be necessary if we no longer require the pork or 
pork products to come from swine that originated in an ASF-free region. 
Therefore, we propose to remove these requirements.
    Section 94.8 also contains a number of requirements related to the 
processing establishment in the ASF region where the pork or pork 
products are to be heated. Several of these requirements also relate to 
the origin requirement we are proposing to remove.
    Paragraph (a)(3)(iv)(A) of Sec. 94.8 specifies that the processing 
establishment may not receive or process any live swine, may only use 
pork or pork products that originate in an ASF-free region, and must 
process pork or pork products only in accordance with our regulations. 
In other words, the processing establishment must be a facility 
dedicated to processing pork or pork products that meet the 
requirements for export to the United States. These requirements were 
intended to ensure that the pork or pork products from ASF-free regions 
would not be contaminated with the ASF virus during processing.
    We propose to remove the requirements that the processing 
establishment may not receive or process any live swine and may only 
use pork or pork products that originate in an ASF-free region. We 
propose to replace these restrictions with requirements that the 
processing establishment take certain steps, explained below, to ensure 
that the processed pork or pork products are not contaminated after 
processing and prior to being exported to the United States. As long as 
the pork or pork products eligible for export to the United States are 
protected from being contaminated with the ASF virus, the processing 
establishment could receive and process live swine and would not be 
limited to processing pork and pork products from ASF-free regions. The 
processing establishment would not have to be a dedicated facility.
    Specifically, we propose to require that all areas, utensils, and 
equipment likely to contact the pork or pork products to be processed, 
including skinning, deboning, cutting, and packing areas, and related 
utensils and equipment, be cleaned and disinfected after processing 
pork or pork products not eligible for export to the United States and 
before pork or pork products eligible for export to the United States. 
We also propose to require that pork or pork products eligible for 
export to the United States not be handled, cut, or otherwise processed 
at the same time as any pork or pork products not eligible for export 
to the United States. We believe that these proposed requirements would 
protect the pork or pork products from possible contamination with the 
ASF virus after they have been processed. In addition, we propose to 
require that pork or pork products intended for export to the

[[Page 37899]]

United States be packed in clean new packaging that is clearly 
distinguishable from that containing any pork or pork products not 
eligible for export to the United States. This requirement would 
prevent the inadvertent shipment to the United States of pork or pork 
products not eligible for importation into the United States.
    Paragraph (a)(3)(iv)(B) of Sec. 94.8 requires the operators of the 
processing establishment in the ASF region to have a written compliance 
agreement with the Animal and Plant Health Inspection Service (APHIS). 
Under this compliance agreement, APHIS inspects the establishment to 
ensure that it is meeting our requirements. We propose to remove the 
requirement for a compliance agreement and the attendant inspections. 
We would, instead, rely on certification provided by the national 
government of the region in which the processing facility is located to 
ascertain that the establishment has met our requirements. This 
certification is required by Sec. 94.8(a)(3)(vi), which states that the 
pork or pork products must be accompanied by a certificate issued by an 
official of the national government of the region in which the 
processing establishment is located who is authorized to issue the 
foreign meat inspection certificate required by 9 CFR 327.4, stating 
that all of the requirements of Sec. 94.8 have been met. Upon arrival 
of the pork or pork products in the United States, the certificate must 
be presented to an authorized inspector at the port of arrival.
    Paragraph (a)(3)(iv)(C) of Sec. 94.8 specifies that the operators 
of the processing establishment must have a trust fund agreement with 
APHIS. The trust fund agreement provides for payment of the cost of 
inspections performed under the compliance agreement. Because we are 
proposing to remove the compliance agreement requirement, we also 
propose to remove the trust fund agreement requirement.
    Paragraph (d) of Sec. 94.8 specifies the circumstances for the 
cancellation of a compliance agreement and the appeal process for such 
cancellation. We also propose to remove Sec. 94.8(d). Effect of 
Proposed Changes in Sec. 94.8 on Swine Casings Regulations in Sec. 96.2
    The proposed changes to Sec. 94.8 affect the regulations in 9 CFR 
part 96 (the casings regulations). The casings regulations govern the 
importation of swine casings into the United States to prevent the 
introduction of contagious livestock diseases. Swine casings are 
intestines, stomachs, esophagi, and urinary bladders from swine that 
are used to encase processed meats, such as sausage.
    The ASF virus may be present in, and spread by, swine, pork, pork 
products, and byproducts, including casings. The regulations in part 96 
require that animal casings imported into the United States be 
accompanied by a Foreign Official Certificate for Animal Casings. On 
each certificate, the issuing veterinarian certifies, among other 
things, that the casings were derived from healthy animals that 
received ante mortem and post mortem veterinary inspections at the time 
of slaughter, are clean and sound, and were prepared and handled only 
in a sanitary manner and were not subjected to contagion prior to 
exportation. Since veterinary inspection cannot detect ASF in its early 
stages, the veterinary inspection required by the regulations cannot be 
relied on to assess the presence of ASF in its early stages in swine 
from an ASF region. In addition, swine casings cannot be processed by 
heating or any other method that would destroy the ASF virus if it were 
present, since this would render the casings unusable. Therefore, to 
remove the possibility that ASF-contaminated casings derived from 
apparently healthy animals that meet the criteria for certification in 
Sec. 96.3 might be imported into the United States, Sec. 96.2(a) 
specifically prohibits the importation of swine casings that originated 
in an ASF region. Further, Sec. 96.2(a) provides that swine casings 
that originated in an ASF-free region and are processed in an ASF 
region may be eligible for importation into the United States only if 
they are processed in an establishment that meets the criteria in 
Sec. 94.8(a)(3)(iv) to prevent contamination with ASF.
    As discussed above, we propose to revise the requirements for 
processing establishments in ASF regions that process pork or pork 
products for export to the United States. These proposed changes would 
relieve unnecessary restrictions for processing pork or pork products 
to be exported to the United States. However, the requirements we 
propose to remove for pork and pork products imported under Sec. 94.8 
are necessary to prevent ASF contamination of swine casings. Therefore, 
we propose to incorporate all of the provisions that are currently in 
Sec. 94.8(a)(3)(iv) of the regulations into Sec. 96.2, with minor 
adjustments for clarity and applicability to casings, as follows:
     Swine casings to be processed in an ASF region for 
importation into the United States must be derived from swine raised 
and slaughtered in an ASF-free region.
     The swine casings must be shipped from the ASF-free region 
to the processing establishment in the ASF region in a closed container 
sealed with serially numbered seals applied by an official of the 
national government of the region of origin.
     The swine casings must be accompanied to the processing 
establishment by a certificate written in English and signed by an 
official of the national government of the region of origin specifying 
the region of origin, the processing establishment to which they will 
be consigned, and the numbers of the seals applied.
     The swine casings may only be removed from their closed 
and sealed containers at the processing establishment after an official 
of the national government of the region where the processing 
establishment is located determined that the seals are intact and free 
of any evidence of tampering, and had so stated on the origin 
certificate referred to above.
     The swine casings may not be processed at more than one 
processing establishment in the ASF region.
     The processing establishment in the ASF region must be an 
establishment approved under the Federal Meat Inspection Act (21 U.S.C. 
601 et seq.) and regulations under the Act (9 CFR, chapter III). As a 
condition of entry into the United States, pork or pork products must 
also meet all of the requirements of the Federal Meat Inspection Act 
and regulations under the Act.
     The processing establishment in the ASF region may not 
receive or process any live swine and may use only pork or pork 
products from ASF-free regions that are shipped to the processing 
establishment in accordance with the requirements listed above.
     The processing establishment must be operated by persons 
who have entered into a valid written compliance agreement with APHIS 
to maintain on file at the processing establishment for at least 2 
years copies of the origin certificates, to allow APHIS personnel to 
make unannounced inspections as necessary to monitor compliance with 
the regulations, and to otherwise comply with the provisions of the 
regulations.
     The processing establishment is operated by persons who 
have entered into a cooperative service agreement (previously referred 
to as a trust fund agreement) with APHIS to pay for the cost of APHIS 
inspections. The establishment must be current in paying for APHIS 
personnel to inspect the establishment (it is anticipated that such 
inspections will occur on average once per year). In addition, the 
processing

[[Page 37900]]

establishment must have on deposit with APHIS an unobligated amount 
equal to the cost for APHIS personnel to conduct one inspection, 
including travel, salary, subsistence, administrative overhead, and 
other incidental expenses (including excess baggage provisions up to 
150 pounds).
     APHIS inspectors who supervise the enforcement of the 
compliance agreement may cancel a processing establishment's compliance 
agreement for failure to comply with the regulations. The processing 
establishment may appeal the cancellation of the compliance agreement.
     The swine casings must be accompanied to the United States 
by a certificate issued by an official of the national government of 
the region in which the processing establishment is located who is 
authorized to issue the foreign meat inspection certificate required by 
9 CFR, chapter III, part 327, stating that all of the requirements of 
the regulations have been met. Upon arrival of the swine casings in the 
United States, the certificate must be presented to an authorized 
inspector at the port of arrival.

Bone Removal in Hog Cholera (HC) and Swine Vesicular Disease (SVD) 
Regions

    The regulations at Secs. 94.9(b)(1)(ii) and 94.12(b)(1)(ii) provide 
that pork or pork products may be imported into the United States from 
an HC or SVD region if the bones have been removed in the region of 
origin and the pork or pork product is heated to an internal 
temperature of 69  deg.C. (As explained below, pork from an SVD region 
must have received heat treatment in a commercially accepted manner 
used for perishable canned pork products.) The regulations do not 
require pork or pork products to originate from swine in a region free 
of HC or SVD. Thus, there is no reason to specify that the bones must 
be removed in the region of origin, only that they be removed before 
the pork or pork product is heated to the required temperature. 
Therefore, we propose to remove the requirement that the bones be 
removed in the region of origin and specify, instead, that the bones be 
removed prior to heating.

Heat Treatment in HC Regions

    The regulations at Sec. 94.9(b)(1)(ii)(B) provide that pork or pork 
products from an HC region must have received heat treatment producing 
an internal temperature of 69  deg.C. after bone removal. The 
regulations do not specify how the pork or pork products must be 
heated. If a flash-heating method, such as microwave cooking, is used, 
the HC virus may not be destroyed. Flash heating may not be sufficient 
to bring the pork or pork products to a full 69  deg.C. throughout, 
which is necessary to ensure that the HC virus is destroyed. Therefore, 
we propose to amend Sec. 94.9(b)(1)(ii)(B) to specify that the pork or 
pork product must be heated by other than a flash-heating method to an 
internal temperature of 69  deg.C. throughout to ensure that the HC 
virus is destroyed.

Proposed Dry Heat Cooking Option for Pork From SVD Regions

    The Government of Italy has requested that we add a dry heat option 
for processing pork and pork products in SVD regions. This change would 
allow products such as Mortadella ham to be exported to the United 
States from SVD regions. Currently, Sec. 94.12(b)(1)(ii) requires the 
pork to reach at least 69  deg.C. through heat treatment applied in a 
commercially accepted manner used for perishable canned pork products 
(steam or moist heat). Research 2 that studied Mortadella 
ham prepared according to the method followed in Italian industry 
showed that when the pork was processed in an oven using dry heat, the 
SVD virus was destroyed after being cooked for at least 10 hours with 
the pork reaching a minimum internal temperature of 65  deg.C. (149 
deg.F.).
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    \2\ See T. Frescura, D. Rutili, and A. Morozzi, Studies on the 
isolation and persistence of swine vesicular disease virus in meat 
and meat products, 411-421 (1976), the International Organization of 
Epizootics (OIE) Bulletin 86.
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    Therefore, we propose to add a dry heat cooking method to our 
regulations that would require the pork to be completely deboned, then 
continuously heated in an oven for at least 10 hours with oven 
temperatures starting at a minimum of 62  deg.C. (143.6  deg.F.) and 
reaching at least 85  deg.C. (185  deg.F.), so that the pork reaches a 
minimum internal temperature of at least 65  deg.C. (149  deg.F.). We 
propose to add this dry heat cooking method to Sec. 94.12 as a new 
paragraph (b)(1)(v).
    This proposed dry heat cooking method would provide another option 
for pork or pork products to be processed in a way that would ensure 
that the SVD virus would be destroyed, while allowing greater 
flexibility in the style of preparation and therefore greater diversity 
of the products that could be prepared for exportation to the United 
States.

Miscellaneous Changes

    We propose several minor, nonsubstantive, editorial changes for 
clarity and consistency.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposal would amend 9 CFR 94.8 to allow pork and pork 
products that originated in an ASF region to be imported into the 
United States if the meat has been cooked to a minimum internal 
temperature of 69  deg.C. (156  deg.F.) after removal of the bones.
    Regions listed in Sec. 94.8 as regions in which ASF exists or is 
reasonably believed to exist are all the countries of Africa; Brazil, 
Cuba, Haiti, and Malta; and the Island of Sardinia, Italy.
    Total pork production in the United States in 1996 was 7,764,000 
metric tons. Brazil, the largest pork producer of the listed regions, 
produced 1,600,000 metric tons of pork in 1996. The combined pork 
production of the other listed regions was 1,033,767 metric tons in 
1996. While Brazil's pork production was 21 percent of the U.S. pork 
production in 1996, the second largest pork producer among the other 
listed regions was Nigeria. Nigeria produced 278,080 metric tons of 
pork, only 4 percent of U.S. pork production. Therefore, other than 
Brazil, none of the listed regions produces enough pork to make the 
possibility of increased exports from those countries likely. 
Furthermore, much of the pork produced in Brazil and the other listed 
regions was consumed in the region of origin. This trend is expected to 
continue based on the strong pork demand in Brazil and the other listed 
regions. In 1996, Brazil consumed 97 percent of its pork production, 
exporting only 56,000 metric tons. According to projections by the 
Economic Research Service (ERS) of the United States Department of 
Agriculture, Brazil is expected to consume 94 percent of its increasing 
pork production in each of the years 2000 through 2005. Even if Brazil 
exported to the United States the remaining 6 percent of its pork 
production in those years, those exports would only represent about 1 
percent of projected U.S. pork production. Therefore, adoption of this 
proposed rule is unlikely to significantly affect the pork industry or 
consumer prices in the United States.
    Additionally, ERS projected that U.S. pork imports would decline by 
more than 1 percent annually between 1998 and 2007. Declining imports 
are

[[Page 37901]]

expected due to the restructured U.S. pork industry. One of the results 
of the restructuring has been production of low-cost pork products. 
These low-cost pork products are expected, increasingly, to price 
imported pork out of the domestic U.S. market.
    This proposed rule also would allow pork from SVD regions to be 
processed using dry heat after deboning. This dry heat cooking method 
can produce Mortadella ham and other meats. Italian producers of 
Mortadella ham are interested in exporting Mortadella ham to the United 
States.
    The precise volume of Mortadella ham that would enter the United 
States if this proposed rule is adopted is not available. However, we 
expect the volume would be minimal. Mortadella ham is a specialty food 
that is likely to satisfy only a small niche market in the United 
States. Due to its high fat content, Mortadella ham is not likely to be 
popular with a broad cross section of American consumers.
    Based on this information, we would expect very little additional 
pork or pork products to be imported into the United States as a result 
of this proposed rule. Thus, any impact to small domestic swine 
producers would likely be minimal. In 1997, there were about 109,754 
hog and pig farms in the United States, of which an estimated 91 
percent would be considered ``small'' entities (annual sales of less 
than $0.5 million, according to the Small Business Administration (SBA) 
size criteria). These small entities maintain about 40 percent of the 
U.S. hog and pig inventories.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (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 Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 96

    Imports, Livestock, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR parts 94 and 96 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).

    2. Section 94.8 would be amended as follows:
    a. In the introductory paragraph by removing the word ``island'' 
and adding the word ``Island'' in its place.
    b. By revising paragraph (a)(3) to read as set forth below.
    c. By adding a new paragraph (a)(4) to read as set forth below.
    d. By removing paragraph (d).


Sec. 94.8  Pork and pork products from regions where African swine 
fever exists or is reasonably believed to exist.

* * * * *
    (a) * * *
    (3) Such pork or pork product:
    (i) Was processed in a single establishment that meets the 
requirements in paragraph (a)(4) of this section.
    (ii) Was heated by other than a flash-heating method to an internal 
temperature of at least 69  deg.C. (156  deg.F.) throughout after the 
bones had been removed.
    (iii) Is accompanied to the United States by a certificate stating 
that all of the requirements of this section have been met. The 
certificate must be written in English. The certificate must be issued 
by an official of the national government of the region in which the 
processing establishment is located. The official must be authorized to 
issue the foreign meat inspection certificate required by part 327 of 
chapter III of this title. Upon arrival of the pork or pork products in 
the United States, the certificate must be presented to an authorized 
inspector at the port of arrival.
    (4) The processing establishment 8 in a region listed in 
this section must comply with the following requirements:
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    \8\ As a condition of entry into the United States, pork or pork 
products must also meet all of the requirements of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) and regulations thereunder (9 
CFR, chapter III, part 327), including requirements that the pork or 
pork products be prepared only in approved establishments.
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    (i) All areas, utensils, and equipment likely to contact the pork 
or pork products to be processed, including skinning, deboning, 
cutting, and packing areas, and related utensils and equipment, must be 
cleaned and disinfected after processing pork or pork products not 
eligible for export to the United States and before pork or pork 
products eligible for export to the United States.
    (ii) Pork or pork products eligible for export to the United States 
may not be handled, cut, or otherwise processed at the same time as any 
pork or pork products not eligible for export to the United States.
    (iii) Pork or pork products eligible for export to the United 
States must be packed in clean new packaging that is clearly 
distinguishable from that containing any pork or pork products not 
eligible for export to the United States.
* * * * *
    3. In Sec. 94.9, paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) would 
be revised to read as follows:


Sec. 94.9  Pork and pork products from regions where hog cholera 
exists.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) All bones were completely removed prior to cooking; and
    (B) Such pork or pork product was heated by other than a flash-
heating method to an internal temperature of 69  deg.C. (156  deg.F.) 
throughout; or
* * * * *
    5. Section 94.12 would be amended as follows:
    a. By removing ``; or'' and adding a period in its place at the end 
of paragraph (b)(1)(i) and at the end of paragraph (b)(1)(iii)(B).

[[Page 37902]]

    b. By revising paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) to read 
as set forth below.
    c. By adding a new paragraph (b)(1)(v) to read as set forth below.
    d. In paragraph (b)(2), by removing the word ``; and'' and adding a 
period in its place.


Sec. 94.12  Pork and pork products from regions where swine vesicular 
disease exists.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) All bones were completely removed prior to cooking; and
    (B) Such pork or pork product received heat treatment in a 
commercially accepted manner used for perishable canned pork products 
so that it reached an internal temperature of 69  deg.C. (156  deg.F.) 
throughout.
* * * * *
    (v) Such pork or pork product is in compliance with the following 
requirements:
    (A) All bones were completely removed prior to cooking; and
    (B) Such pork or pork product received continual heat treatment in 
an oven for a minimum of 10 hours so that it reached an internal 
temperature of 65  deg.C. (149  deg.F.) throughout. The oven 
temperature started at a minimum of 62  deg.C. (143.6  deg.F.) and 
reached at least 85  deg.C. (185  deg.F.).
* * * * *

PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS 
OFFERED FOR ENTRY INTO THE UNITED STATES

    6. The authority citation for part 96 would continue to read as 
follows:

    Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 96.10  [Amended]

    7. Section 96.10 would be amended by redesignating footnote 1 and 
its reference as footnote 2.
    8. Section 96.2 would be revised to read as follows:


Sec. 96.2  Prohibition of casings due to African swine fever and bovine 
spongiform encephalopathy.

    (a) Swine casings. The importation of swine casings that originated 
in or were processed in a region where African swine fever exists, as 
listed in Sec. 94.8 of this subchapter, is prohibited, with the 
following exception: Swine casings that are processed in a region where 
African swine fever exists may be imported into the United States under 
the following conditions:
    (1) Origin of casings. The swine casings were derived from swine 
raised and slaughtered in a region not listed in Sec. 94.8(a) of this 
subchapter.
    (2) Shipping requirements. The casings were shipped from the region 
of origin to a processing establishment in a region listed in Sec. 94.8 
of this subchapter in a closed container sealed with serially numbered 
seals applied by an official of the national government of the region 
of origin.
    (3) Origin certificate. The casings were accompanied from the 
region of origin to the processing establishment by a certificate 
written in English and signed by an official of the national government 
of the region of origin specifying the region of origin, the processing 
establishment to which the swine casings were consigned, and the 
numbers of the seals applied.
    (4) Integrity of seals. The casings were taken out of the container 
at the processing establishment only after an official of the national 
government of the region where the processing establishment is located 
determined that the seals were intact and free of any evidence of 
tampering and had so stated on the certificate referred to in paragraph 
(a)(3) of this section.
    (5) The processing establishment. The casings were processed at a 
single processing establishment 1 in a region listed in 
Sec. 94.8 of this subchapter. The processing establishment does not 
receive or process any live swine and uses only pork and pork products 
that originate in a region not listed in Sec. 94.8 of this subchapter 
and that are shipped to the processing establishment in accordance with 
paragraphs (a)(2) through (a)(4) of this section.
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    \1\ As a condition of entry into the United States, pork or pork 
products must also meet all of the requirements of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) and regulations under the Act 
(9 CFR, chapter III, part 327), including requirements that the pork 
or pork products be prepared only in approved establishments.
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    (6) Compliance agreement. The processing establishment is operated 
by persons who have entered into a valid written compliance agreement 
with APHIS to maintain on file at the processing establishment for at 
least 2 years copies of the certificates referred to in paragraph 
(a)(4) of this section, to allow APHIS personnel to make unannounced 
inspections as necessary to monitor compliance with the provisions of 
this section, and to otherwise comply with the provisions of this 
section.
    (7) Cooperative service agreement. The processing establishment is 
operated by persons who have entered into a cooperative service 
agreement with APHIS. The establishment is current in paying for APHIS 
personnel to inspect the establishment (it is anticipated that such 
inspections will occur once per year). In addition, the processing 
establishment has on deposit with APHIS an unobligated amount equal to 
the cost for APHIS personnel to conduct one inspection, including 
travel, salary, subsistence, administrative overhead, and other 
incidental expenses (including excess baggage provisions up to 150 
pounds).
    (8) Compliance agreement cancellation. Any compliance agreement may 
be cancelled orally or in writing by the inspector who is supervising 
its enforcement whenever the inspector finds that such person has 
failed to comply with the provisions of this section or any conditions 
imposed by this section. If the cancellation is oral, the decision and 
the reasons will be confirmed in writing, as promptly as circumstances 
allow. Any person whose compliance agreement has been cancelled may 
appeal the decision to the Administrator, in writing, within 10 days 
after receiving written notification of the cancellation. The appeal 
should state all of the facts and reasons upon which the person relies 
to show that the compliance agreement was wrongfully cancelled. The 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for such decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing will be held to 
resolve such conflict. Rules of Practice governing such a hearing will 
be adopted by the Administrator.
    (9) Export certification. The casings are accompanied to the United 
States by a certificate stating that all of the requirements of this 
section have been met. The certificate must be written in English. The 
certificate must be issued by an official of the national government of 
the region in which the processing establishment is located. The 
official must be authorized to issue the foreign meat inspection 
certificate required by part 327 in chapter III of this title. Upon 
arrival of the swine casings in the United States, the certificate must 
be presented to an authorized inspector at the port of arrival.
    (b) Bovine or other ruminant casings. The importation of casings, 
except stomachs, from bovines and other ruminants that originated in or 
were processed in any region listed in Sec. 94.18(a) of this subchapter 
is prohibited.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


[[Page 37903]]


    Done in Washington, DC, this 8th day of July 1999.
A. Cielo,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-17937 Filed 7-13-99; 8:45 am]
BILLING CODE 3410-34-P