[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77707-77708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27413]



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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. 87, No. 243 / Tuesday, December 20, 2022 / 
Rules and Regulations  

[[Page 77707]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. FSIS-2022-0016]
RIN 0583-AD77


Uniform Compliance Date for Food Labeling Regulations

AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of 
Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: FSIS is establishing January 1, 2026, as the uniform 
compliance date for new meat and poultry product labeling regulations 
that will be issued between January 1, 2023, and December 31, 2024. 
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 20, 2022.
    Compliance date: The uniform compliance date for new meat and 
poultry product labeling regulations that will be issued between 
January 1, 2023, and December 31, 2024, is January 1, 2026.
    Comments due date: Comments on this final rule must be received on 
or before January 19, 2023.

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 https://www.regulations.gov. Follow the online 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, 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-2022-0016. 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) 205-0495 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) 504-0878.

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 and 
requesting comments on those dates. Consistent with the 2004 final 
rule, the Agency has since published eight 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, January 1, 
2022, and January 1, 2024 (72 FR 9651, 73 FR 75564, 75 FR 71344, 77 FR 
76824, 79 FR 71007, 81 FR 91670, 83 FR 63052, and 85 FR 81339).

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, 2023, and before 
December 31, 2024. For each final rule that requires changes in 
labeling, FSIS will specifically identify January 1, 2026, as the 
compliance date. All meat and poultry food products that are subject to 
labeling regulations issued between January 1, 2023, and December 31, 
2024, will be required to comply with these regulations on products 
introduced into commerce on or after January 1, 2026. If any food 
labeling regulation involves special circumstances that justify a 
compliance date other than January 1, 2026, 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 March 5, 2007, final rule, FSIS received only four comments 
on the announced uniform compliance dates, 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. The Agency 
received four comments on the 2020 final rule; one was outside the 
scope of the rulemaking and three were in support of the rule. 
Consistent with its statement in 2007, FSIS finds 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.

Executive Orders 12866 and 13563, and the Regulatory Flexibility Act

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is

[[Page 77708]]

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 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 (OMB) 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).

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, 2026, as the uniform 
compliance date for new meat and poultry product labeling regulations 
that will be issued between January 1, 2023, and December 31, 2024. The 
relevant information collection or record keeping requirements are 
covered under OMB approval number 0583-0092, Marking, Labeling, and 
Packaging.

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 12988, Civil Justice Reform

    This final 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. However, parties may be required 
to exhaust their administrative remedies before challenging in court 
any specific agency action that is the subject of an appeal pursuant to 
this rule.

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.

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: 
https://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's Non-Discrimination Statement

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Mission Areas, agencies, staff 
offices, 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.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a 
letter addressed to USDA. The letter must contain the complainant's 
name, address, telephone number, and a written description of the 
alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted 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; or
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2022-27413 Filed 12-19-22; 8:45 am]
BILLING CODE 3410-DM-P