[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30721-30722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13644]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules 
and Regulations  

[[Page 30721]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 557

[Docket No. FSIS-2017-0024]


Import Reinspection of Fish of the Order Siluriformes

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notification of regulatory enforcement.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that starting August 2, 2017, all shipments of imported Siluriformes 
fish and fish products entering the United States (U.S.) must be 
presented at an Official Import Inspection Establishment for 
reinspection by FSIS personnel.

DATES: Beginning August 2, 2017, FSIS will enforce the regulations in 9 
CFR part 557 (9 CFR 557.1-557.8, 557.10-557.19 and 557.24-557.26). All 
shipments of imported Siluriformes fish and fish products must be 
presented at an Official Import Inspection Establishment for 
reinspection by FSIS personnel beginning August 2, 2017.

FOR FURTHER INFORMATION CONTACT: Roberta Wagner, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

    On December 2, 2015, FSIS published the final rule, ``Mandatory 
Inspection of Fish of the Order Siluriformes and Products Derived from 
Such Fish,'' establishing a mandatory inspection program for fish of 
the order Siluriformes (80 FR 75590). The final rule set forth 
regulations in accordance with the provisions of the 2008 and 2014 Farm 
Bills, which amended the Federal Meat Inspection Act (FMIA) to include 
all fish of the order Siluriformes as amenable species and specifically 
provided for the inspection of Siluriformes fish and fish products to 
be used as human food. The regulations include a new part 557 (9 CFR 
557.1-557.8, 557.10-557.19 and 557.24-557.26), ``Importation,'' which, 
among other things, requires that all fish and fish products from any 
foreign country be reinspected before entering the U.S. (9 CFR 
557.6(a)(1)).
    The final rule was effective on March 1, 2016, but provided an 18-
month transitional period until September 1, 2017, to ensure an orderly 
transition from Food and Drug Administration (FDA) regulatory oversight 
to the FSIS mandatory fish inspection program. During the transitional 
period, the Agency is exercising broad discretion in enforcing the new 
regulatory requirements, except when product is determined to be 
adulterated (e.g., the product contains a violative residue or is 
contaminated) or misbranded (e.g., the product is missing a label).
    The final rule stated that during the transitional period, imported 
fish and fish products would be reinspected and subjected to species 
and residue testing on at least a quarterly basis for each foreign 
establishment eligible to export fish to the U.S. Further, as discussed 
in the preamble of the final rule, at the end of the 18-month 
transitional period, all imported Siluriformes fish and fish product 
shipments would be reinspected, just as all imported meat and poultry 
products are reinspected (80 FR 75608). FSIS began selecting shipments 
of imported Siluriformes for reinspection and residue testing on April 
15, 2016.

Reinspection of All Imported Shipments of Siluriformes Fish and Fish 
Products

    The explanatory statement accompanying the Consolidated 
Appropriations Act, 2017, Public Law 115-31 Stat. 135, enacted May 5, 
2017, directs FSIS to begin reinspecting all imported Siluriformes fish 
and fish product shipments upon the date the Act is enacted (https://www.congress.gov/crec/2017/05/03/CREC-2017-05-03-bk2.pdf). FSIS is 
issuing this notification announcing that beginning August 2, 2017, all 
shipments of imported Siluriformes fish and fish product must be 
presented at an Official Import Inspection Establishment for 
reinspection by FSIS personnel.
    To apply for import reinspection, applicants, typically the 
Importer of Record, must submit a paper or an electronic inspection 
application form (FSIS Form 9540-1) to FSIS in advance of the 
shipment's arrival, but no later than when the entry is filed with the 
U.S. Customs and Border Protection (CBP) (9 CFR 557.5). The applicant 
must identify, on the application, the official import inspection 
establishment where reinspection will occur. The paper import 
inspection application is available on line at: https://www.fsis.usda.gov/wps/wcm/connect/a8eead0d-23c3-428e-937f-a8a05b09edbb/FSIS-9540-1-Import-Inspection-Application.pdf? MOD=AJPERES.
    After August 2, 2017, FSIS will begin taking action in regard to 
imported fish product that has bypassed FSIS import reinspection, but 
entered commerce, i.e. ``failure to present'' (FTP) product.
    FSIS will be posting reinspection guidance materials on its 
Siluriformes Web page https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/siluriformes.
    A list of Official Import Inspection Establishments available to 
reinspect Siluriformes fish is available on the FSIS Siluriformes Web 
page https://www.fsis.usda.gov/wps/wcm/connect/b58fa982-8029-4ccb-88c1-1663f32070d9/Siluriformes-I-Houses.pdf?MOD=AJPERES.
    FSIS also strongly encourages importers and brokers to communicate 
and coordinate closely with your FSIS District Office, to facilitate 
full compliance prior to August 2, 2017 https://www.fsis.usda.gov/wps/portal/informational/districtoffices.
    In addition, the Agency will announce any additional information in 
the Agency's Constituent Update (http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituentupdates).

USDA Nondiscrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to

[[Page 30722]]

discrimination any person in the United States under any program or 
activity conducted by the USDA.
    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

    FSIS will announce this notice online through the FSIS Web page 
located at http://www.fsis.usda.gov/federal-register.
    FSIS will also make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. In addition, FSIS offers an electronic mail subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at http://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information to regulations, directives, and notices. Customers can add 
or delete subscriptions themselves, and have the option to password 
protect their accounts.

    Done at Washington, DC, on June 26, 2017.
Alfred V. Almanza,
Administrator.
[FR Doc. 2017-13644 Filed 6-30-17; 8:45 am]
BILLING CODE 3410-DM-P