[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81339-81340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26733]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 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 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / 
Rules and Regulations  

[[Page 81339]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. FSIS-2020-0032]
RIN [0583-AD77]


Uniform Compliance Date for Food Labeling Regulations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing 
January 1, 2024, as the uniform compliance date for new meat and 
poultry product labeling regulations that will be issued between 
January 1, 2021, and December 31, 2022. FSIS periodically announces 
uniform compliance dates for new meat and poultry product labeling 
regulations to minimize the economic impact of label changes.

DATES: 
    Effective date: This rule is effective December 16, 2020.
    Compliance date: The uniform compliance date for new meat and 
poultry product labeling regulations that will be issued between 
January 1, 2021, and December 31, 2022 is January 1, 2024.
    Comments due date: Comments on this final rule must be received on 
or before January 15, 2021.

ADDRESSES: FSIS invites interested persons to submit comments on this 
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, Washington, DC 20250-3700.
     Hand- or Courier-Delivered submittals: Deliver to 1400 
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, 
Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2016-0026. 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, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Contact Rosalyn Murphy-Jenkins, 
Director, Labeling and Program Delivery Staff, Office of Policy and 
Program Development, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Telephone: 301-504-0879.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2004, FSIS issued a final rule establishing January 
1, 2008, as the uniform compliance date for new meat and poultry 
labeling regulations issued between January 1, 2005, and December 31, 
2006 (69 FR 74405). The 2004 final rule also provided that the Agency 
would set uniform compliance dates for new labeling regulations in 2-
year increments and periodically issue final rules announcing those 
dates. Consistent with the 2004 final rule, the Agency has since 
published six rules establishing the uniform compliance dates of 
January 1, 2010, January 1, 2012, January 1, 2014, January 1, 2016, 
January 1, 2018, January 1, 2020, and January 1, 2022 (72 FR 9651, 73 
FR 75564, 75 FR 71344, 77 FR 76824, 79 FR 71007, 81 FR 91670, and 83 FR 
63052).

The Final Rule

    The new uniform compliance date will apply only to final FSIS 
regulations that require changes in the labeling of meat and poultry 
products and that are published after January 1, 2021, and before 
December 31, 2022. For each final rule that requires changes in 
labeling, FSIS will specifically identify January 1, 2024, as the 
compliance date. All meat and poultry food products that are subject to 
labeling regulations issued between January 1, 2021, and December 31, 
2022, will be required to comply with these regulations on products 
introduced into commerce on or after January 1, 2024. If any food 
labeling regulation involves special circumstances that justify a 
compliance date other than January 1, 2024, the Agency will determine 
an appropriate compliance date and will publish that compliance date in 
the rulemaking.
    Two-year increments increase industry's ability to make orderly 
adjustments to new labeling requirements without exposing consumers to 
outdated labels. This approach allows meat and poultry producers to 
plan for the use of label inventories and to develop new labeling 
materials that meet the new requirements. It also serves to reduce the 
economic impact of changing labels on both producers and consumers.
    In the May 4, 2004, proposed rule on uniform compliance dates for 
labeling requirements, FSIS provided notice and solicited comment (69 
FR 24539). In the March 5, 2007, final rule, FSIS received only four 
comments in response to the proposal, all in support. In the March 5, 
2007, final rule, FSIS determined that further rulemaking for uniform 
compliance dates for labeling requirements is unnecessary (72 FR 9651). 
The Agency received no comments on the 2007 final rule, the comments 
FSIS received on the 2012 final rule were outside the scope (77 FR 
76824), and FSIS received no comments on the 2014 final rule (79 FR 
71007) or the 2016 final rule (81 FR 91670). The Agency received four 
comments on the 2018 final rule, all in support. One commenter 
requested that if a food labeling change warrants a different 
compliance date, federal agencies should coordinate and harmonize 
compliance and enforcement expectations. The Agency agrees and 
currently partners with the United States Food and Drug Administration 
(FDA) when developing any food labeling regulation that may impact FDA 
regulated products. Consistent with its statement in 2007, FSIS finds

[[Page 81340]]

that further rulemaking on this matter is unnecessary. However, FSIS is 
providing an opportunity for comment on the uniform compliance date 
established in this final rule.

Paperwork Reduction Act

    FSIS has reviewed this rule under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520) and has determined that there is no new 
information collection related to this final rule. Under this final 
rule, the Agency is establishing January 1, 2024, as the uniform 
compliance date for new meat and poultry product labeling regulations 
that will be issued between January 1, 2021, and December 31, 2022. The 
relevant information collection or record keeping requirements are 
covered under OMB approval number 0583-0092, Marking, Labeling, and 
Packaging.

Executive Orders 12866 and 13563, and the Regulatory Flexibility Act

    Executive Orders 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). 
Executive Order (E.O.) 13563 emphasizes the importance of quantifying 
both costs and benefits, of reducing costs, of harmonizing rules, and 
of promoting flexibility. This final rule has been designated as a 
``non-significant'' regulatory action under section 3(f) of E.O. 12866. 
Accordingly, the final rule has not been reviewed by the Office of 
Management and Budget under E.O. 12866.
    This rule does not have a significant economic impact on a 
substantial number of small entities; consequently, a regulatory 
flexibility analysis is not required (5 U.S.C. 601-612).

Congressional Review Act

    Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., 
the Office of Information and Regulatory Affairs has determined that 
this final rule is not a ``major rule,'' as defined by 5 U.S.C. 804(2).

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 will also announce and provide a link to it 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.

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).

Paul Kiecker,
Administrator.
[FR Doc. 2020-26733 Filed 12-15-20; 8:45 am]
BILLING CODE 3410-DM-P