[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40369-40370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15438]


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

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 355

[Docket No. FSIS-2020-0013]
RIN 0583-AD83


Certified Products for Dogs, Cats, and Other Carnivora; 
Inspection, Certification, and Identification as to Class, Quality, 
Quantity, and Condition

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
end the program under which FSIS inspectors provide fee-for-service 
certification that certain foods for dogs, cats and other carnivora 
(pet food) are produced under sanitary conditions and meet 
compositional and labeling requirements. The certified pet food 
regulations are outdated, and no firms are currently paying for FSIS 
certification services for pet food. Further, the fact that both USDA 
and the Food and Drug Administration (FDA) inspect pet food has led to 
industry and consumer confusion, and both agencies agree that 
stakeholders will benefit from the simplification of Federal 
jurisdiction over pet food.

DATES: Submit comments on or before September 27, 2021.

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 https://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail: 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, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2020-0013. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://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: Rachel Edelstein, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA), FDA is 
responsible for ensuring that pet food is safe for animals, produced 
under sanitary conditions, contains no harmful substances, and is 
truthfully labeled. FDA has had authority to regulate pet food since 
the FFDCA was passed in 1938. FDA does not charge pet food producers a 
fee for any FDA activities related to pet food. Individual States also 
regulate and inspect pet food.
    Since 1958, under the Agricultural Marketing Act at 7 U.S.C. 
1622(h), USDA also has provided for the certification of pet food as 
having been produced under sanitary conditions and meeting 
compositional and labelling requirements.\1\ Under the regulations at 9 
CFR part 355, participating facilities pay for this certification. The 
regulations governing FSIS certification services for pet food have not 
been substantively amended since the 1960's; therefore, the 
requirements are outdated (e.g., requirements regarding pet food 
ingredients and the submission of firm blueprints). Additionally, the 
regulations allow for certification only of certain categories of pet 
food (i.e., canned or semi-moist maintenance food, canned or fresh 
frozen certified supplemental animal foods, and canned certified 
variety meats). Many types of pet foods developed in the last few 
decades are thus not eligible for FSIS certification (e.g., pet jerky, 
pet treats, pet rawhides, raw pet food, freeze-dried

[[Page 40370]]

pet food, and prescription pet food). Likely for these reasons, as of 
June 2020, no firms were participating in the FSIS certified pet food 
program.
---------------------------------------------------------------------------

    \1\ See 23 FR 10107: https://www.govinfo.gov/content/pkg/FR-1958-12-23/pdf/FR-1958-12-23.pdf#page=1.
---------------------------------------------------------------------------

    FSIS is proposing to remove 9 CFR part 355 from the regulations 
because the certified pet food regulations are outdated, no companies 
use the voluntary service, and the regulations have led to industry and 
consumer confusion. FSIS and FDA agree that stakeholders will benefit 
from a single set of Federal pet food safety regulations under FDA 
jurisdiction.

Executive Orders 12866 and 13563

    Executive Orders (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 effects, 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 a ``non-significant'' regulatory 
action under section 3(f) of E.O. 12866. Accordingly, this proposed 
rule has not been reviewed by the Office of Management and Budget (OMB) 
under E.O. 12866.

Expected Costs and Benefits of the Proposed Rule

    The proposed rule (i.e., removing 9 CFR part 355) would clarify 
that FDA has sole Federal jurisdiction over pet food inspection, 
benefiting industry and consumers by reducing confusion. As described 
above, the certified pet food regulations are outdated and unnecessary. 
As of June 2020, no firms were using FSIS' certified pet food program. 
As such, the proposed rule is not expected to increase industry or 
Agency costs or have a negative public health impact.

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.

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).

E-Government Act

    FSIS and the U.S. Department of Agriculture (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.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication and officially notify the World Trade 
Organization's Committee on Sanitary and Phytosanitary Measures (WTO/
SPS Committee) in Geneva, Switzerland, of this proposal on-line through 
the FSIS web page located at: https://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. Constituent Updates are 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: https://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

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all of the information requested in the form. To request a 
copy of the complaint form, call (866) 632-9992. Submit your completed 
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, 
Office of the Assistant Secretary for Civil Rights, 1400 Independence 
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) 
email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects in 9 CFR Part 355

    Certified Pet Food.

PART 355--[REMOVED]

0
Accordingly, under the authority 7 U.S.C. 1622, 1624; 7 CFR 2.17 (g) 
and (i), 255, the Food Safety and Inspection Service proposes to amend 
9 CFR chapter III by removing part 355.

Paul Kiecker,
Administrator.
[FR Doc. 2021-15438 Filed 7-27-21; 8:45 am]
BILLING CODE 3410-DM-P