[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Proposed Rules]
[Pages 35936-35939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12809]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 99-032-1]


Importation of Cooked Meat and Meat Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of certain animals, meat, and other animal products to 
allow meat cooked in plastic in processing establishments located in 
regions where rinderpest or foot-and-mouth disease exists to be further 
processed after cooking and before importation. Additionally, we are 
proposing to allow the pink juice test to be used in determining 
whether ground meat cooked in such establishments has been adequately 
cooked. These proposed amendments would provide foreign meat processing 
establishments with additional processing options while continuing to 
protect against the introduction of rinderpest and foot-and-mouth 
disease into the United States.

DATES: We will consider all comments that we receive that are 
postmarked, delivered, or e-mailed by July 22, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 99-032-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 99-032-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
99-032-1'' on the subject line.
    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 the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Masoud Malik, Senior Staff 
Veterinarian, Products Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; (301) 
734-8096.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products to prevent the introduction into the United States of various 
animal diseases, including rinderpest, foot-and-mouth disease (FMD), 
bovine spongiform encephalopathy, swine vesicular disease, hog cholera, 
and African swine fever. These are dangerous and destructive 
communicable diseases of ruminants and swine.
    Under  94.4 of the regulations, the importation of cured 
and cooked meat from regions where rinderpest or FMD exists is 
prohibited unless the cured or cooked meat fulfills the conditions 
prescribed in that section.

Meat Cut Into Cubes

    Currently,  94.4(b)(8) requires that cooked ruminant or 
swine meat imported into the United States from regions where 
rinderpest or FMD exists be inspected at the port of arrival by an 
inspector of the U.S. Department of Agriculture's Food Safety and 
Inspection Service (FSIS) and be found to be thoroughly cooked. For 
meat that is cooked in plastic, thoroughness of

[[Page 35937]]

cooking must be determined by a temperature indicator device (TID) 
registering at least 79.4 xC at the cold spot (the area in a plastic 
cooking tube or other type of container loaded with meat product that 
is slowest to reach the required temperature during the cooking 
process) or, for cubes, slices, and anatomical cuts of meat, by the 
pink juice test.
    A TID is a precalibrated temperature-measuring instrument 
containing a chemical compound activated at a specific temperature (the 
melting point of the chemical compound) that is identical to the 
processing temperature that must be reached by the meat being cooked. 
Paragraph (b)(6) of  94.4 requires that any TID used to 
determine that meat cooked in plastic has been throughly cooked must 
remain in the meat, as originally inserted, and must accompany the 
cooked meat whose temperature it has gauged when that meat is shipped 
to the United States.
    When a TID is not used, thoroughness of cooking is determined using 
the pink juice test. The requirements for providing meat of adequate 
form and size to allow for the pink juice test are set forth in 
paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii) of  94.4 for 
cubes of meat, slices of meat, and anatomical cuts of meat, 
respectively.
    Currently, for both cubed and sliced meat, the regulations require 
that at least 50 percent of the meat pieces or slices per tube be 3.8 
centimeters (1.5 inches) or larger in each dimension after cooking or, 
if more than 50 percent of meat pieces or slices per tube are smaller 
than 3.8 centimeters in any dimension after cooking and no TID is being 
used, an indicator piece of sufficient size for a pink juice test to be 
performed (3.8 centimeters or larger in each dimension after cooking) 
must have been placed at the cold spot of the tube. For anatomical cuts 
of meat, the indicator piece must be removed, after cooking, from the 
center of the cut, farthest from all exterior points, and be 3.8 
centimeters or larger in each dimension for performance of the pink 
juice test.
    In order for the FSIS inspector to be able to associate an 
indicator piece or TID with the tube of meat it came from, meat from 
multiple tubes may not be commingled before being imported into the 
United States. This means that meat from various cooking tubes cannot 
be combined after cooking for further processing at the foreign meat 
processing establishment before being exported to the United States.
    In some cases, the inability of foreign meat processors to combine 
meat after cooking and still comply with the regulations restricts 
their ability to process meat into cube sizes that can be readily used 
in the United States. The most efficient way of cutting meat precisely 
into cubes of a desired size is to cool the meat close to the freezing 
point after cooking, then to cut the meat. Cutting the meat before 
cooking is not as effective, because the cooking process can cause meat 
cubes to assume irregular sizes and shapes. It is also not possible to 
cut the meat properly when it is hard frozen at temperatures 
significantly below freezing, such as when it is frozen for shipment to 
the United States. While it may be possible for foreign meat processors 
to further cut the meat after cooking and prior to freezing one cooking 
tube at a time, it is not economically efficient to cut the meat one 
tube at a time, as such cutting is done most efficiently in larger 
quantities.
    As a general practice, processors of meat for export to the United 
States cook the meat to the temperature required under the regulations 
in large ``cookers.'' These are containers or chambers that cook 
multiple tubes of meat by means of boiling water or steam. Most 
facilities that cook meat have multiple cookers. Each day, a cooker may 
be used several times to cook meat to the required temperature. Each 
cooking session per cooker is referred to as a ``shift.''
    To allow for the cutting of meat combined from separate tubes from 
the same shift, while at the same time ensuring that all meat imported 
from FMD-affected countries can be adequately inspected upon its 
arrival in the United States, we are proposing certain changes to the 
regulations regarding meat for which the pink juice test is used to 
determine adequate cooking. Additionally, we are making a change to 
update the regulations as to which Federal agency is responsible for 
approval of plastic containers used for meat that is cooked.

Approval of Containers

    Currently,  94.4(b)(5), regarding meat cooked in plastic, 
provides that the tube in which the meat is cooked must be constructed 
of plastic film or other material approved by FSIS. This reference to 
approval by FSIS is outdated. Currently, all packaging material that 
comes into direct contact with food must be approved by the U.S. Food 
and Drug Administration (FDA). In this proposal, we are including that 
reference change.

Further Processing of Meat Cooked in Plastic

    We are proposing to add a new  94.4(b)(6) that would allow 
meat cooked in plastic in a single shift to be combined after cooking 
for further processing, e.g., to be cut into smaller cubes as described 
above. Once the meat was cooled after cooking, one tube from each shift 
per cooker would have to be randomly selected by the official of the 
National Government of the region of origin who is authorized to issue 
the meat inspection certificate required by the FSIS regulations in 9 
CFR 327.4. We would require that a cylindrical or square piece 
(depending on the shape of the tube) of at least 3.8 centimeters in 
each dimension be cut from the cold spot of the tube, to be used as the 
indicator piece for the shift. The indicator piece would have to be 
sealed in plastic or other material approved by FDA and accompanied by 
a certificate issued by the official who selected the tube. The 
certificate would have to provide the cooker and shift number, and the 
date the tube was selected. As noted, each shift per cooker would be 
required to have an indicator piece. All indicator pieces would have to 
be individually sealed, properly labeled, and enclosed together in one 
sealed box that accompanies the shipment. After the indicator piece was 
removed, all remaining meat from the same shift could be cut into cubes 
of the desired size and packed in a box or container approved by FDA. 
The indicator pieces selected and the cut cubes of the desired size 
could then be frozen for shipment to the United States. The indicator 
pieces and cubes of meat would have to be accompanied to the United 
States by a certificate as provided in  94.4(b)(8).

Ground Meat

    While the current regulations in  94.4(b)(5) provide for 
ground meat to be cooked in plastic, the only allowable method of 
determining whether ground meat cooked in plastic has been cooked to 
the required temperature is by means of a TID, i.e., the use of an 
indicator piece is not an option for ground meat as it is for cubes, 
slices, and anatomical cuts of meat. However, we recognize that if a 
large enough indicator piece were used when cooking ground meat, that 
piece would serve as a valid method of determining whether the ground 
meat had been cooked to the required temperature. Therefore, we are 
proposing to amend  94.4(b)(5)(i) to provide that an indicator 
piece could be used in lieu of a TID for ground meat if the indicator 
piece is of sufficient size for a pink juice test to be performed 
(i.e.,

[[Page 35938]]

3.8 centimeters or larger in each dimension after cooking). The 
indicator piece must have been placed at the cold spot of the tube. 
This proposed change would provide the same options for determining the 
thoroughness of cooking for ground meat as are currently provided for 
cubes, slices, and anatomical cuts of meat.

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.
    In this document, we are proposing to amend the regulations 
regarding meat cooked in processing establishments located in regions 
where rinderpest or FMD exists to allow for further processing of meat 
after cooking and before importation.
    Although these proposed amendments would apply to both ruminant and 
swine meat, the primary impact of the proposed changes would be on 
beef. As described previously in this document, the regulations in 
 94.4(b)(5) already provide for the importation of cooked 
ruminant and swine meat prepared under conditions that are largely 
similar to those that would be provided under this proposed rule, but 
it is only beef and veal that are currently being imported into the 
United States under those provisions, primarily from Argentina, Brazil, 
and Uruguay. The proposed rule would allow for quality improvements in 
these cubed beef and veal products and, therefore, expand their 
marketability. However, the potential effect on imports of beef and 
veal and the overall U.S. supply of beef and veal is expected to be 
small for several reasons.
    The cooked ground meat, cubes of meat, slices of meat, and 
anatomical cuts of meat that are currently imported are used primarily 
in the production of other products such as stews and meat pies. This 
proposed rule would allow for an improvement in the quality of the meat 
cubes by making them available in more sizes and in a more consistent 
size and shape. This would allow the products to have expanded 
marketability. However, cooked cubed beef and veal constitute a small 
portion of the U.S. beef and veal industry. Imports of prepared beef, 
including beef cooked in plastic, but not cured, pickled, salted, 
dried, or made into sausages, account for about 7.8 percent of all U.S. 
imports of beef and veal, but only about 0.6 percent of total U.S. 
supply.
    In addition, imports into the United States of fresh beef and veal 
from Argentina and Uruguay are no longer occurring, due to recent FMD 
outbreaks in those countries. Also, although Argentina, Brazil, and 
Uruguay are large producers of beef and veal, their total exports are 
small relative to U.S. supply. The production of beef and veal in these 
three countries in 1999 was about 79 percent of that of the United 
States, but their exports of these products to all countries, including 
the United States, equated to considerably less than 1 percent of the 
U.S. supply of beef and veal. Thus, the impact on price would be 
negligible even if these countries were willing and able to redirect 
all of their beef and veal exports to the production of cooked cubed 
beef and veal for export to the United States.
    Because (1) similar products are already being imported, (2) the 
proposed amendments would alter only the sizes of these products, and 
(3) other types of beef and veal imports from Argentina, Brazil, and 
Uruguay have stopped, we do not expect that the adoption of this 
proposed rule would greatly increase the volume of beef and veal 
imports. These proposed amendments may result in a change in the 
character of the imports, but should not greatly increase the volume of 
those imports.
    Imports of these products would potentially offer competition for 
producers of ground meat, cubes of meat, slices of meat, and anatomical 
cuts of meat. Producers of these products are meatpacking plants, both 
those that slaughter animals directly and those that process purchased 
meats. In addition, these imports would also compete with domestic 
ruminant farms that sell to meatpacking facilities.
    The Small Business Administration's (SBA) definition of a small 
entity in the production of cattle is one whose total sales are under 
$750,000 annually. In 1997, there were 656,181 cattle farms in the 
United States, of which 99 percent would be considered small entities. 
However, as was discussed above, we expect the economic impact on these 
producers would be minimal.
    The SBA's guidelines state that a small producer of beef and veal 
meat that is in the form of cooked ground meat, cubes, slices, or 
anatomical cuts is one employing fewer than 500 workers. In 1997, 98 
percent or 1,297 of the meatpacking establishments processing purchased 
meats in the United States were small. These small establishments 
accounted for approximately 78 percent of the total value of shipments 
of the industry, or approximately $25 billion. Also in 1997, 95 percent 
of 1,393 animal slaughtering establishments were considered small. 
These small establishments accounted for approximately 76 percent of 
the total value of shipments of the industry, or $41.6 billion.
    Based on the above information, we do not expect that the proposed 
amendments would have a significant effect on the volume of imports of 
ruminant and swine meat, including ground meat, cubes of meat, slices 
of meat, and cuts of meat. Given that the volume of imports would be 
unlikely to increase substantially, we do not expect that the economic 
effects of this proposed rule on domestic producers of these products, 
whether small or large, would be significant.
    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.).

List of Subjects in 9 CFR Part 94

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

    Accordingly, we propose to amend 9 CFR part 94 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. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136,

[[Page 35939]]

and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, 
and 371.4.

    2. In  94.4, paragraph (b)(5) would be revised to read as 
follows; paragraphs (b)(6) through (b)(8) would be redesignated as 
paragraphs (b)(7) through (b)(9), respectively, and a new paragraph 
(b)(6) would be added to read as follows; and newly redesignated 
paragraph (b)(8) would be revised to read as follows:


 94.4  Cured or cooked meat from regions where rinderpest or 
foot-and-mouth disease exists.

* * * * *
    (b) * * *
    (5) Meat cooked in plastic. Ground meat, cubes of meat, slices of 
meat, or anatomical cuts of meat (cuts taken from the skeletal muscle 
tissue) weighing no more than 11.05 lbs (5 kg) must be loaded into a 
flexible or semiflexible cooking tube constructed of plastic or other 
material approved by the U.S. Food and Drug Administration. The meat 
must then be cooked in boiling water or in a steam-fed oven to reach a 
minimum internal temperature of 174.92 xF (79.4 xC) at the cold spot 
after cooking for at least 1.75 hours. Thoroughness of cooking must be 
determined by a TID registering the target temperature at the cold 
spot, or as follows:
    (i) Cubes of meat and ground meat. For cubes of meat, at least 50 
percent of meat pieces per tube must be 1.5 in (3.8 cm) or larger in 
each dimension after cooking or, if more than 50 percent of the cubes 
of meat pieces per tube are smaller than 1.5 in (3.8 cm) in any 
dimension after cooking, or if the meat is ground meat, an indicator 
piece of sufficient size for a pink juice test to be performed (1.5 in 
(3.8 cm) or larger in each dimension after cooking) must have been 
placed at the cold spot of the tube.
    (ii) Slices of meat. At least 50 percent of the slices of meat must 
be 1.5 in (3.8 cm) or larger in each dimension after cooking or, if 
more than 50 percent of meat pieces are smaller than 1.5 in (3.8 cm) in 
any dimension after cooking, an indicator piece of sufficient size for 
a pink juice test to be performed (1.5 in (3.8 cm) or larger in each 
dimension after cooking) must be placed at the cold spot of the tube.
    (iii) Anatomical cuts of meat. An indicator piece removed from an 
anatomical cut of meat after cooking must be removed from the center of 
the cut, farthest from all exterior points and be 1.5 in (3.8 cm) or 
larger in each dimension for performance of the pink juice test.
    (6) Further processing of meat cooked in plastic. Cubes of meat, 
slices of meat, or anatomical cuts of meat (cuts taken from the 
skeletal muscle tissue) cooked in plastic in accordance with paragraph 
(b)(5) of this section may be cooled after cooking then processed 
further if the following provisions are met:
    (i) For meat that is cooked and then cooled for further processing, 
one tube or plastic container from each shift per cooker must be 
randomly selected by the official of the National Government of the 
region of origin who is authorized to issue the meat inspection 
certificate required by  327.4 of this title. A cylindrical or 
square piece of at least 1.5 in (3.8 cm) in each dimension must be cut 
from the cold spot of the tube. The cylindrical or square piece will be 
the indicator piece for the pink juice test. The indicator piece must 
be sealed in plastic or other material approved by the U.S. Food and 
Drug Administration, and be accompanied by a certificate issued by the 
official who selected the tube. The certificate must provide the date 
the tube was selected, and the cooker and shift number. Each shift per 
cooker must have an indicator piece. All indicator pieces must be 
individually sealed, properly labeled, and enclosed together in one 
sealed box that accompanies the shipment; and
    (ii) After removing the indicator piece, all remaining meat from 
the same shift may be cut into smaller cubes and sealed in plastic or 
other material approved by the U.S. Food and Drug Administration. The 
indicator pieces and cubes of meat must be accompanied to the United 
States by a certificate as provided in paragraph (b)(7) of this 
section.
* * * * *
    (8)(i) The cooked meat must be accompanied by a certificate issued 
by an official of the National Government of the region of origin who 
is authorized to issue the foreign meat inspection certificate required 
under  327.4 of this title, stating: ``This cooked meat 
produced for export to the United States meets the requirements of 
title 9, Code of Federal Regulations,  94.4(b).'' Upon arrival 
of the cooked meat in the United States, the certificate must be 
presented to an authorized inspector at the port of arrival.
    (ii) For cooked meat that is further processed in accordance with 
paragraph (b)(6) of this section, the certificate must include the 
following statement, in addition to the certification required under 
paragraph (b)(8)(i) of this section: ``One tube or plastic container 
was randomly selected per shift per cooker for cutting an indicator 
piece. A piece 1.5 in (3.8 cm) or larger in each dimension was cut from 
the cold spot of the tube or plastic container, and was sealed and 
marked with the following date, cooker, and shift: ----------. The 
total number of indicator pieces enclosed in a sealed box is ----.''
* * * * *

    Done in Washington, DC, this 16th day of May 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-12809 Filed 5-21-02; 8:45 am]
BILLING CODE 3410-34-U