[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55130-55132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22429]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 260 and 261

[Docket No. 191001-0050]
RIN 0648-BH37


Inspection and Certification of Establishments and Fishery 
Products for Human Consumption

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: The NMFS Office of International Affairs and Seafood 
Inspection intends to revise regulations at 50 CFR parts 260 and 261 to 
improve the uniformity and reliability of voluntary seafood inspection 
services by adopting recognized best practices for inspection. The 
existing regulations have not been significantly revised or updated 
since NMFS first issued them in 1971. It is anticipated that the 
revisions will benefit the seafood industry by reducing the costs of 
obtaining seafood inspection services and providing improved, more 
accurate inspection results. Prior to drafting a proposed rule, NMFS is 
issuing this advance notice of proposed rulemaking requesting input 
from stakeholders and interested parties on focused areas of the 
Seafood Inspection Program regulations. Based on comments received and 
NMFS' overall assessment, NMFS expects to comprehensively overhaul the 
regulations.

DATES: Written comments must be received on or before December 16, 
2019.

ADDRESSES: You may submit comments on this document, identified by 
docket NOAA-NMFS-2018-0098, by either of the following methods:
    (1) Electronic submission: Submit all electronic public comments 
via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0098. Click the ``Comment Now!'' icon, 
and complete the required fields. Enter or attach your comments.
    (2) Mail: Submit written comments to Karla Ruzicka, Education and 
Program Development, NOAA Seafood Inspection Program, 55 Great Republic 
Drive, Gloucester, MA 01930.
    Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered by NMFS in developing a proposed rule. All comments received 
are a part of the public record and will be posted for public viewing 
on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT:  Karla Ruzicka, NOAA Seafood 
Inspection Program Development, at [email protected] or 978-281-
9269.

SUPPLEMENTARY INFORMATION:

Background

    Under the authority of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1621 et seq.), and in accordance with the Reorganization Plan 
Number 4 of 1970 (84 Stat. 2090), NOAA administers a voluntary Seafood 
Inspection Program (SIP) which offers inspection and grading services 
for seafood products, similar to the United States Department of 
Agriculture's inspection and grading program for meat and poultry. The 
SIP regulations pertaining to voluntary Inspection and Certification of 
Establishments and Fishery Products for Human Consumption and Grading 
Standards are codified at 50 CFR parts 260 and 261. Upon request and if 
appropriate, SIP inspectors certify that seafood products meet quality 
specifications established by wholesale seafood purchasers, e.g., 
grocery store chains, and, for U.S. seafood exports, the food safety 
requirements of the importing country or widely agreed-upon 
international food safety standards. NOAA SIP also offers voluntary 
inspection, audit, and consultative services to domestic and 
international processors, importers, and international competent food 
safety authorities (i.e., governmental food safety agencies) to ensure 
that imported fish and fishery products meet U.S. Food and Drug 
Administration (FDA) food safety regulatory requirements and, where 
applicable, specified quality levels. Processors meeting specific NOAA 
SIP safety, quality, and other program requirements are permitted to 
mark their products with widely recognized marks and shields, including 
the U.S. Grade A shield, Processed Under Federal Inspection mark, 
Accepted Per Specifications shield, and the Officially Sampled shield. 
See 50 CFR 260.86.
    The current regulations contained in 50 CFR part 260 have not been 
substantively updated since 1971 when NOAA first published SIP 
implementing regulations (36 FR 21037; November 3, 1971) and do not 
reflect the changes in industry and the role of NOAA SIP since that 
time. The regulations in 50 CFR part 261 pertaining to grade standards 
for fish and fish products were last updated in 1996 (61 FR 9368; March 
8, 1996) and are also in need of modernization. As part of an 
overarching assessment of the continued efficacy, reliability and 
relevance of the 50 CFR parts 260 and 261 regulations, NOAA SIP 
concluded that substantial improvements could be made that would 
simplify its administrative, inspection, and certification procedures, 
resulting in increased uniformity of inspection results and 
efficiencies associated with inspection effort while retaining the 
reliability and validity of inspection results.
    Therefore, as described more fully below, NOAA SIP intends to:
    (1) Modernize its administrative procedures for obtaining 
inspection services to reflect current practices and remove those which 
may be obsolete;
    (2) Update the sampling plan and lot compliance determination 
procedures;
    (3) Modernize use of inspection and certification marks;
    (4) Extend inspection services to product forms beyond those for 
human consumption; and
    (5) Modernize U.S. grade standards.
    To facilitate public input, NOAA SIP has identified all of 50 CFR 
parts 260 and 261 for review and requests comment on all aspects of its 
regulations as well as the specific focus areas identified below. In 
developing a proposed rule, consideration will be given to revising 
these sections and to other suggestions for process modernization that 
are received through public comments on this ANPRM. In general, NOAA 
SIP is looking for comments and suggestions from stakeholders regarding 
how it can modernize its regulations to better reflect current industry 
practices, and to ensure they are as adaptable as possible to potential 
changes in technologies and product requirements.

1. Modernize Definitions and Administrative Procedures

    NOAA SIP intends to modernize the definitions section of its 
regulations (50 CFR 260.6) and update its

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administrative procedures for obtaining inspection services (50 CFR 
260.12-30). There are a number of definitions in the regulations that 
vary significantly from the definitions used by other food inspection 
agencies, or are simply out of date. For example, the regulations 
define ``deviant,'' but use of that term has been supplanted over time 
by the term ``non-conformity'' which is not defined in the regulations. 
Other common modern food safety terms that are not defined in the 
regulations include ``adulteration'' and ``extraneous material.''
    Administrative procedures under consideration for revision include, 
but are not limited to: The process for requesting inspection service; 
the procedures for inspecting and grading products, issuing 
certificates, as well as appealing inspection results; and methods for 
determining fees and charges. The existing regulations are out of date 
with current practices because they do not reflect the use of the 
internet for requesting and appealing inspection results, the use of 
electronic documents, and similar technological advances since the 
1970's. Comments are requested to gain information on the following:
     How can NOAA SIP improve and update its regulatory 
definitions to ensure alignment with internationally recognized 
terminology;
     Identification of out-of-date and unnecessary 
administrative procedures;
     Other suggestions to improve access to inspections 
services.

2. Modernize Sampling Plan and Lot Compliance Determination Procedures

    The sampling plan and lot compliance procedures described in 50 CFR 
260.61 have been in place since 1966 and were based on the best 
information at the time. There have been significant advances in 
sampling methods since then and NOAA SIP has determined that a review 
of sampling plans and procedures is necessary. As part of this review, 
NOAA SIP desires comments on the sampling of seafood products for the 
purposes of certification domestically and for export. NOAA SIP is also 
interested in suggestions for improvements to the sampling plan, 
including but not limited to, acceptance and reject numbers, levels of 
subsampling, reference to other published sampling plans, etc. In 
working with other Federal and State partners, questions sometimes 
arise regarding how to define or determine compliance when inspecting 
product because the existing regulations reflect older sampling 
procedures not commonly used today. Uniform standards for determining 
lot compliance, commonly understood by NOAA SIP, federal and state 
partners, and industry are essential for trade facilitation. NOAA 
welcomes comments on this important issue.
    NOAA SIP will consider modernizing the Sampling Plan and Lot 
Compliance Determination Procedures to:
     Update and harmonize inspection practices and procedures 
to improve uniformity of inspection results by Federal, State, 
industry, and other inspectors;
     Adopt internationally recognized standards and 
specifications to determine sample size and acceptable compliance rates 
for inspected products;
     Address other suggestions provided by stakeholders.
    In addition to revising the sampling plan and lot compliance 
procedures for product inspection and grading purposes, NOAA SIP 
desires comments on the sampling of seafood products for the purposes 
of domestic and international export certification. Consideration will 
be given to:
     Whether sampling plans should vary by product form, e.g., 
should live lobster, fishmeal and fish oil have product-specific 
sampling plans;
     Costs associated with destructive sampling performed under 
current sampling plans;
     Improvements needed for the sampling plan, including but 
not limited to acceptance and reject numbers and/or references to other 
recognized and statistically valid sampling plans.

3. Modernize Use of Inspection and Certification Marks

    NOAA SIP currently has inspection and grade marks that can be 
placed on the packages of complying products signifying to the buyer 
(industry or consumer) the level of quality or status of the product 
itself. The inspection marks currently in place only attest to the 
inspection of the specific seafood product, not the conditions under 
which it was produced. NOAA SIP has received many requests from seafood 
retailers, wholesalers and food safety authorities in foreign countries 
to have one or more marks that attest to the conditions under which the 
product was produced, i.e., a facility that has been inspected and 
approved by NOAA SIP. NOAA SIP will consider modernizing use of 
inspection and certification marks to:
     Evaluate the effectiveness of marks and their use;
     Improve understanding and recognition of what the marks 
signify;
     Evaluate the basis upon which each of the marks is 
conferred;
     Consider whether an additional mark signifying production 
in an approved establishment should be developed, and if so, determine 
the criteria that the mark would confirm and the feasibility of 
ensuring the integrity of such a mark.

4. Extension of Services to Product Forms Beyond Those for Human 
Consumption

    NOAA SIP services have evolved with the ability of the seafood 
industry to more fully utilize raw materials to include byproducts such 
as fish meal, fish oils, and other inedible product forms. To that end, 
NOAA SIP invites comments regarding:
     Whether NOAA SIP should continue to support the trade and 
certification of inedible fishery products;
     What additional products should be considered for SIP 
services;
     What supplier-to-buyer needs would be supported by such 
services;
     Whether there are any marks or attestations relevant to 
the industry that should be considered in association with these 
products and services;
     Any additional comments or suggestions with regard to 
these products and services.
    In addition to amending its regulations, NOAA SIP is considering 
significant revisions to the existing grade standards, which are found 
in the SIP Inspection Manual, not in the regulations.

5. Modernize U.S. Grade Standards

    In 1996, NOAA SIP removed product-specific grading standards from 
its regulations and has since issued them as program policies 
maintained in the SIP Inspection Manual (https://www.fisheries.noaa.gov/national/seafood-commerce-certification/seafood-inspection-manual). See 61 FR 9368 (March 8, 1996). NOAA does not 
intend to bring the grade standards back into its regulations, but as 
the U.S. Government is the primary source for the development and 
direction of these standards, they should be managed with a similar 
level of transparency and open discussion. NOAA SIP is soliciting 
guidance on the U.S. Grade standards as part of its comprehensive 
review of operations, regulations and guidance to industry. U.S. Grade 
Standards are publicly available in the SIP Inspection Manual found 
online and are revised as necessary. Currently there are 23 grade 
standards for various seafood products with some being specific to 
species (e.g., halibut steaks). The standards could be

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collapsed down to a smaller number of standards, perhaps fewer than 10, 
by focusing on product form in general (e.g., general steak standard). 
Doing so would be an improvement over the current offering of grade 
standards in that it standardizes methods across all species and opens 
up more seafood products within the United States to be able to apply a 
U.S. Grade A mark. NOAA SIP will consider modernizing U.S. Grade 
Standards to:
     Focus on finished product form specificity rather than 
species;
     Harmonize Grade Standards design across regions, 
stakeholders, and products to increase results accuracy and ease of use 
by all stakeholders;
     Develop easy-to-use product grading documentation
     Improve scientific and statistical methodologies applied 
to the evaluation of seafood products such as moisture determination, 
texture analysis, etc.;
     Address other suggestions provided by stakeholders.
    NOAA SIP is also interested in any additional comments or 
suggestions for improving the implementation of the regulations under 
50 CFR parts 260 and 261 and the Program generally.

    Authority: 7 U.S.C. 1621 et seq.

    Dated: October 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-22429 Filed 10-11-19; 8:45 am]
BILLING CODE 3510-22-P