[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48933-48934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19955]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX94


2010 Russian Export Certification for Fishery Products

AGENCY: Seafood Inspection Program (SIP), National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice.

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SUMMARY: The National Oceanic and Atmospheric Administration Seafood 
Inspection Program (NOAA SIP), through this notice, is announcing the 
requirements for exportation of fish and fishery products to the 
Russian Federation as set forth in the Memorandum of Understanding 
between Rosselkhoznadzor (the responsible Russian government agency) 
and the United States Department of Commerce, National Oceanic and 
Atmospheric Administration, which became effective on February 25, 
2010.

FOR FURTHER INFORMATION CONTACT: Mr. Steven Wilson, 
[email protected], Chief Quality Officer, Seafood Inspection 
Program, NOAA National Marine Fisheries Service, 1315 East West 
Highway, Room 10840, Silver Spring, MD 20910, (301) 713-2355 EXT. 217

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2010, a Memorandum of Understanding (MOU) was 
signed by Russian officials marking the completion of an agreement 
between the National Oceanic and Atmospheric Administration (NOAA) and 
Rosselkhoznadzor of the Russian Federation regarding the certification 
of seafood products exported from the United States to the Russian 
Federation. The purpose of the agreement is to establish the terms for 
cooperation on monitoring the quality and safety of seafood products 
exported from the United States to the Russian Federation. Pursuant to 
the MOU, NOAA, through its Seafood Inspection Program, will issue 
export health certificates only to those firms on the SIP List of 
Approved Establishments and approved by Rosselkhoznadzor for export of 
seafood products to Russia.
    The Seafood Inspection Program of the National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce, operating under authority of the Agricultural

[[Page 48934]]

Marketing Act (7 U.S.C. 1621 et seq.) and the Fish and Wildlife Act (16 
U.S.C. 742a et seq.), is responsible for the development and 
advancement of commercial grade standards for fishery products and 
better health and sanitation standards in the industry and for 
furnishing inspection, evaluation, analytical, grading, and 
certification services to interested parties. Its primary purpose is to 
encourage and assist the industry in improving the quality, 
wholesomeness, safety, proper labeling, and marketability of seafood 
products.
    In 2006, Rosselkhoznadzor notified the U.S. Government through the 
U.S. Embassy in Moscow of a change in Russian domestic law which allows 
Russian officials to deny entry of products into the Russian Federation 
in the absence of an agreement between the exporting country and Russia 
regarding certification of the safety and sanitary condition of fish 
and fishery products for export to the Russian Federation. Russian and 
U.S. officials met several times and exchanged correspondence regarding 
the new requirements in 2008 and 2009. In March 2009, NOAA and U.S. 
Food and Drug Administration (FDA) officials met with representatives 
of Russia's Rosselkhoznadzor. The U.S. delegation clarified that FDA is 
the responsible agency for the safety of imported food products from 
the Russian Federation and NOAA will provide certification services to 
exporters shipping seafood to the Russian Federation. In August 2009, 
the U.S. agreed to allow officials of Rosselkhoznadzor to visit 
selected seafood processing firms during which time Russian officials 
could observe and determine the status of controls in place for 
approved establishments of the NOAA Seafood Inspection Program. During 
the course of that visit, the parties had a series of discussions to 
arrive at the agreements found in the MOU between the two agencies.

New Procedures for Export Health Certification to the Russian 
Federation

    According to the terms of the MOU, U.S. seafood firms in the supply 
chain desiring to produce, pack, store, or ship fish and fishery 
products for export to the Russian Federation are required to meet the 
requirements of the NOAA Seafood Inspection Program to be approved 
establishments in accordance with the regulations and policies of the 
NOAA Seafood Inspection Program, including but not limited to being in 
regulatory good standing with the FDA. Only such establishments meeting 
the requirements and subsequently approved by Rosselkhoznadzor may 
receive certification from the NOAA Seafood Inspection Program for 
export of fish and fishery products to the Russian Federation. The NOAA 
Seafood Inspection Program will allow a 90 day grace period after which 
U.S. seafood firms must fully comply with the new requirements.
    More specifically, each U.S. seafood firm in the supply chain for 
export to the Russian Federation must:
     Demonstrate through inspection by the NOAA Seafood 
Inspection Program that seafood products produced at each U.S. seafood 
firm in the supply chain and exported to the Russian Federation meet 
the applicable Codex Alimentarius Commission (Codex), and the 
Organization for International Epizootics (OIE) standards, and meet the 
food safety objectives of U.S. and Russian Federation laws and 
regulations for seafood products
     Maintain regulatory good standing with the FDA. Only those 
U.S. seafood firms with a unique firm identification number, either a 
Central File Number or Firm Establishment Identifier, issued by the FDA 
are eligible to receive an export health certificate from the Seafood 
Inspection Program for export of seafood products to Russia.
     Demonstrate through inspection by the NOAA Seafood 
Inspection Program that each U.S. seafood firm in the supply chain 
meets the Seafood Inspection Program requirements for inclusion on a 
List of Approved Establishments. Only those establishments on the List 
of Approved Establishments will be eligible to export seafood products 
to Russia. The NOAA Seafood Inspection Program will post the List of 
Approved Establishments on the its website. (http://www.seafood.nmfs.noaa.gov/) and submit to Rosselkhoznadzor all changes 
in the list of approved establishments for export to the Russian 
Federation, including changes resulting from audits by Rosselkhoznadzor 
or the NOAA Seafood Inspection Program. The establishment is not 
finally approved until notification is provided by Rosselkhoznadzor. 
Only firms approved by Rosselkhoznadzor will be eligible to receive 
export certificates from the NOAA Seafood Inspection Program.
    In order to meet the Seafood Inspection Program requirements as an 
approved establishment, U.S. seafood firms must contract for inspection 
services by the Seafood Inspection Program, provide a guarantee of 
payment, pass an initial audit of the seafood firm, and continually 
pass audits on a minimum of a quarterly basis. Under the terms of the 
contractual agreement between the firm and the Seafood Inspection 
Program, the firm must allow the program to conduct random, periodic 
audits of the firm to ensure that the relevant veterinary and sanitary 
requirements of the Seafood Inspection Program are met. If an audit 
reveals that an approved establishment is not in substantial compliance 
with the appropriate regulations, the Seafood Inspection Program will 
cease issuing export certificates to this establishment and inform 
Rosselkhoznadzor. The Seafood Inspection Program will inform 
Rosselkhoznadzor when an establishment is once again eligible for 
exporting seafood to the Russian Federation.
    Separate and apart from the terms of the MOU, Rozzelkhozdzor has 
informed the NOAA Seafood Inspection Program that it will request 
information from U.S. seafood firms on the List of Approved 
Establishments shipping product to the Russian Federation regarding the 
importer of record in the Russian Federation. If the firm refuses to 
provide this information, Rosselkhoznadzor has stated that it may not 
allow the import of product from the firm into Russia.

    Dated: August 9, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-19955 Filed 8-11-10; 8:45 am]
BILLING CODE 3510-22-S