[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Proposed Rules]
[Pages 15989-15992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07634]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 /
Proposed Rules
[[Page 15989]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket Number FSIS-2018-0012]
RIN 0583-AD71
Rescission of Dual Labeling Requirements for Certain Packages of
Meat and Poultry
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend its labeling regulations to remove provisions that require
packages of meat or poultry products that contain at least one pound or
one pint, but less than four pounds or one gallon, to express the net
weight or net contents in two different units of measurement on the
product label. FSIS is taking this action in response to a petition
submitted on behalf of a small meat processing establishment. After
reviewing these provisions, FSIS has determined that it is not
necessary for labels of any meat or poultry products to bear dual
statements of weight or content, using more than one unit of
measurement, to convey the accurate weight or amount of the product to
consumers.
DATES: Comments must be received on or before June 17, 2019.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for
submitting comments.
Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, 1400
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
3700.
Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2018-0012. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Division, Office of Policy and Program
Development; Telephone: (301) 504-0878, Fax: (202) 245-4795
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA that is
responsible for ensuring that the nation's commercial supply of meat,
poultry, and egg products is safe, wholesome, and accurately labeled
and packaged. FSIS develops and implements regulations and policies to
ensure that meat, poultry, and egg product labeling is not false or
misleading.
Regulatory Reform
On February 24, 2017, President Trump signed Executive Order (E.O.)
13777, ``Enforcing the Regulatory Reform Agenda.'' Section 3(a) of the
E.O. directs Federal agencies to establish a Regulatory Reform Task
Force (Task Force). One of the duties of the USDA Task Force is to
evaluate existing regulations and make recommendations to the Secretary
of Agriculture for their repeal, replacement, or modification.
To help the Task Force conduct their evaluation, the USDA published
a proposed rule in the Federal Register (82 FR 32649, July 17, 2017)
requesting ideas from the public on how the Department can provide
better customer service and remove unintended barriers to participation
in USDA programs. In response to the proposed rule, FSIS received a
petition submitted on behalf of a small meat processing establishment
requesting that FSIS rescind regulations (9 CFR 317.2(h)(5) and
381.121(c)(5)) that require packages of meat and poultry products that
contain at least one pound or pint, but less than four pounds or one
gallon, to express the net weight or net contents as a ``dual
declaration'' on the product label.
Specifically, under the regulations at 9 CFR 317.2(h)(5) and
381.121(c)(5), dual declaration is required to express the net weight
in ounces and immediately thereafter in parentheses in pounds, with any
remainder in terms of ounces or common or decimal fraction of the pound
(e.g., ``Net Wt. 24 oz. (1 lb. 8 oz.), ``Net Wt. 24 oz. (1.5 lbs.)'' or
``Net Wt. 24 oz. (1 \1/2\ lb.)''). For liquid measure, dual declaration
is required to be expressed as the net content in fluid ounces and
immediately thereafter in parentheses the largest whole U.S. customary
unit (e.g., pints or, quarts, with any remainder expressed in terms of
fluid ounces or common or decimal fraction of the pint or quart (e.g.,
``Net contents 32 fl oz. (1 QT)'' or ``Net contents 30 fl oz. (1 pint
14 fl oz.)''). Packages of products that contain less than one pound or
pint or that contain four pounds or one gallon or more are not subject
to the ``dual declaration'' and may express the product's net weight or
net content as a single, accurate statement.
The petition stated that FSIS should eliminate the dual declaration
requirements because meat and poultry products do not need to be
labeled with dual statements of weight or content, using different
units of measurement, to convey accurate weight or amount information
to consumers. In addition, the petition stated that the labeling
equipment needed to print labels with dual net weight statements can be
more expensive than the equipment used to print labels with single net
weight statements. According to the petition, the costs associated with
the dual declaration labeling requirements may be stifling competition
and limiting the ability of start-up and small producers to compete
with large producers. The petition is available on FSIS's website at
[[Page 15990]]
https://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/petitions.
Proposed Rule
After reviewing the dual declaration labeling requirements, FSIS
has determined that the corresponding sections in the regulations are
unnecessary. FSIS is proposing to eliminate all of the provisions in 9
CFR 317.2(h) and 381.121(c) that require or cross-reference dual net
weight or content statements. Package labeling of meat or poultry
products in amounts subject to the current requirements do not need
dual statements of weight or content, using different units of
measurement, to convey accurate weight or amount information to
consumers. If this proposed rule becomes final, establishments that
produce meat and poultry products in packages containing 1 pound or 1
pint and less than 4 pounds or one gallon will be required to only
express the weight or contents in one unit of measurement on the
product label (e.g., ``Net Wt. 24 oz.'' or ``Net Wt. 1.5 lbs.'', rather
than ``Net Wt. 24 oz. (1.5 lbs.)''). Establishments will be allowed to
use their current labels until they run out, or may elect to use them
indefinitely, as a matter of choice.
FSIS did not find that the labeling equipment needed to print
labels with dual net weight or content statements is more expensive
than the equipment used to print labels with single net weight or
content statements. FSIS is requesting comments on the costs associated
with printing the dual declaration on labels.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
E.O.s 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
benefits, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This proposed rule
has been designated as a ``non-significant'' regulatory action under
section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed
by the Office of Management and Budget (OMB) under E.O. 12866.
Economic Impact Analysis
Baseline
Currently, packages of meat or poultry products that contain at
least one pound or one pint, but less than four pounds or one gallon,
are required to express the net weight or content as a ``dual
declaration'' (i.e., in both ounces and pounds or fluid ounces and
pints, or quarts) on the product label, unless an exemption \1\
applies. According to 2015 Information Resources, Inc., (IRI) scanner
data,\2\ about 31,679 FSIS regulated products in the retail market have
a dual net weight or content statement on the label. About 62 percent
(2,594/4,184) of FSIS regulated companies manufacture at least one
product with a dual net weight or content statement, and over 35
percent (1,500/4,184) of FSIS regulated companies manufacture products
with both a dual and single net weight or content statement.
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\1\ See 9 CFR 317.2(h)(9) and 381.121(h)(9) for the list of
exemptions.
\2\ IRI gathers data by scanners in supermarkets, drugstores,
and mass merchandisers and maintains a panel of consumer households
that record purchases at outlets by scanning UPC codes on the
products purchased.
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Expected Cost Savings and Benefits Associated With the Proposed Rule
The proposed amendments to 9 CFR 317.2(h)(5) and 9 CFR
381.121(c)(5) remove the requirements for dual net weight or content
statements on labels of meat and poultry products that contain at least
one pound or one pint, but less than four pounds or one gallon. Under
the proposed rule, all FSIS meat and poultry products would need to
include only one unit of measurement in the net weight or content
statement. Industry would benefit from consistent and more flexible net
weight and content statement regulations across all FSIS meat and
poultry products, especially start-up companies and companies with
products having both single and dual net weight or content statements.
Companies would no longer have to keep track of which products need to
include a dual or single net weight or content declaration.
The proposed changes would also clarify the net weight and content
requirements for the industry and FSIS inspectors. When FSIS analyzed
historical askFSIS \3\ data, it showed confusion surrounding the dual
declaration net weight and content requirements. Industry often
incorrectly interpreted the dual declaration net weight and content
requirements as needing to include both the avoirdupois measure (ounces
or pounds) and the metric measure (grams or kilograms) in the net
weight or content statement. FSIS also received askFSIS questions about
exemptions. For example, industry wanted to know if random weight
packages, packages under one pound, and products sold for further
processing were exempt from the dual declaration net weight and content
requirements. The remaining questions sought formatting clarification
on the order of the measurements and about the line spacing. Questions
regarding the order sought clarification on which measurements should
be listed first: Pounds or ounces, fluid ounces or pints or quarts.
Industry also asked if the second net weight or content declaration
could be listed on a separate line to better fit on labels. If the
proposed changes are finalized, FSIS expects the net weight and content
requirements will be clearer and there will be fewer askFSIS questions
and less misunderstanding of the net weight and content requirements.
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\3\ askFSIS is a web-based computer application, designed to
help answer technical and policy-related questions from inspection
program personnel, industry, consumer groups, other stakeholders,
and the public.
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Further, the likelihood of misprinted labels should decrease under
the proposed rule. FSIS's Labeling and Program Delivery Staff (LPDS)
evaluates sketches of labels \4\ through the Label Submission and
Approval System (LSAS) prior to the associated labels entering the
marketplace. According to 2017 LSAS data, LPDS approved twelve labels
from eight firms contingent on correction of errors in the dual net
weight statement. These labels would not have needed modifications to
their net weight statement under the proposed changes.
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\4\ LPDS evaluates four types of FSIS labels; (1) Labels for
religious exempt products, (2) Labels for export with deviations
from domestic requirements, (3) Labels with special statements and
claims, and (4) Labels for temporary approval. All other labels can
be generically approved. Additional information on generically
approved labels is available here: https://www.fsis.usda.gov/wps/wcm/connect/bf170761-33e3-4a2d-8f86-940c2698e2c5/Label-Approval-Guide.pdf?MOD=AJPERES/.
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In addition, removing the dual declaration requirements would free-
up a small amount of space on the principal display panel of labels.
Switching from dual declarations to single declarations could also
marginally decrease ink consumption for companies.
FSIS did not find a price difference in capital printing equipment
for complying with the dual declaration net weight or content
statement. However, there is a price difference in scale-printing
systems for printing a dual net weight or content statement versus a
single statement. Companies typically use scale-printing systems to
print net weight information on random weight packages (e.g., sliced
turkey from a deli counter). Random weight packages with varying weight
and with no fixed weight
[[Page 15991]]
pattern are currently exempt from the dual declaration net weight and
content statement requirement. Therefore, the scale-printer cost
discrepancies were not included in the cost analysis. FSIS seeks
comment on capital costs for printing equipment for the dual
declaration net weight and content statement.
Expected Costs Associated With the Proposed Rule
There are no expected costs associated with this proposed rule.
Companies that already have products labeled with the two measurements
in the net weight or contents statement are not required to update
their labels to a single net weight or contents statement.
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a preliminary determination that
this proposed rule would 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 proposed rule is not expected to
increase costs to the industry.
Executive Order 13771
Consistent with E.O. 13771 (82 FR 9339, February 3, 2017), FSIS has
estimated that this proposed rule would yield qualitative cost savings.
Therefore, if finalized as proposed, this rule is expected to be an
E.O. 13771 deregulatory action.
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this proposed rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under E.O. 12988, Civil
Justice Reform. Under this rule: (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) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
E.O. 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' E.O. 13175 requires Federal agencies to consult and
coordinate with tribes on a government-to-government basis on policies
that have tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly
mandated by Congress.
USDA Non-Discrimination 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
discrimination any person in the United States under any program or
activity conducted by the USDA.
How to File a Complaint of Discrimination
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
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS web page located at:
http://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this 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 our constituents and
stakeholders. The Constituent Update is available on the FSIS web page.
Through the web page, FSIS is able to provide information to a much
broader, more diverse audience. In addition, FSIS offers an email
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, regulations, directives, and notices. Customers can
add or delete subscriptions themselves, and have the option to password
protect their accounts.
List of Subjects
9 CFR Part 317
Food labeling, Food packaging, Meat inspection, Nutrition,
Reporting and recordkeeping requirements.
9 CFR Part 381
Administrative practice and procedure, Animal diseases, Crime,
Exports, Food grades and standards, Food labeling, Food packaging,
Government employees, Grant programs-agriculture, Intergovernmental
relations, Laboratories, Meat inspection, Nutrition, Polychlorinated
biphenyls (PCB's), Poultry and poultry products, Reporting and
recordkeeping requirements, Seizures and forfeitures, Signs and
symbols, Technical assistance, Transportation.
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR parts 317 and 381 as follows:
PART 317--LABELING, MARKING DEVICES, AND CONTAINERS
0
1. The authority citation for part 317 continues to read as follows:
[[Page 15992]]
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 317.2 [Amended]
0
2. In Sec. 317.2:
0
a. Paragraph (h)(4) is amended by removing the phrase ``except as
provided for in paragraph (h)(5) of this section for random weight
packages; a declaration of 1\1/2\ pounds avoirdupois weight shall be
expressed as `Net Wt. 24 oz. (1 lb. 8 oz.),' `Net Wt. 24 oz. (1\1/2\
lb.),' or `Net Wt. 24 oz. (1.5lbs).' '';
0
b. Paragraph (h)(5) is removed and reserved.
0
c. Paragraph (h)(9)(i) is amended by removing the phrase '', dual
declaration,'' from the second and fourth sentences;
0
d. Paragraph (h)(9)(iii) is amended by removing the phrase ``, dual
declaration,'';
0
e. Paragraphs (h)(9)(iv) and (v) are amended by removing the word
``paragraphs'' and adding in its place ``paragraph'' and removing the
phrase ``and (5)'';
0
f. Paragraph (h)(9)(v) is further amended by removing the phrase ``,
and that the statement be expressed both in ounces and in pounds,'';
and
0
g. Paragraph (h)(12) is amended by removing the phrase ``, except that
such declaration of total quantity need not be followed by an
additional parenthetical declaration in terms of the largest whole
units and subdivisions thereof, as required by paragraph (h)(5) of this
section''.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
3. The authority citation for part 381 is revised to read as follows:
Authority: 7 U.S.C. 138f, 1633; 21 U.S.C. 451-472; 7 CFR 2.7,
2.18, 2.53.
0
4. In Sec. 381.121:
0
a. Paragraph (c)(5) is revised;
0
b. The first sentence in paragraph (c)(8) is amended by removing ``,
except that such declaration of total quantity need not be followed by
an additional parenthetical declaration in terms of the largest whole
units and subdivisions thereof, as otherwise required by this paragraph
(c)'';
0
c. Paragraph (c)(9)(i) is amended by removing the phrase '', dual
declaration,'' from the second and fourth sentences; and
0
d. Paragraph (c)(9)(iii) is amended by removing the phrase ``, dual
declaration,''.
The revision reads as follows:
Sec. 381.121 Quantity of contents.
* * * * *
(c) * * *
(5) The terms ``net weight'' or ``net wt.'' shall be used when
stating the net quantity of contents in terms of weight, and the term
``net contents'' or ``contents'' when stating the net quantity of
contents in terms of fluid measure. Except as provided in Sec.
381.128, the statement shall be expressed in terms of avoirdupois
weight or liquid measure. Where no general consumer usage to the
contrary exists, the statement shall be in terms of liquid measure, if
the product is liquid, or in terms of weight if the product is solid,
semi-solid, viscous, or a mixture of solid and liquid.
* * * * *
Done in Washington, DC.
Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019-07634 Filed 4-16-19; 8:45 am]
BILLING CODE 3410-DM-P