[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45626-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11310]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2020-0030]
Availability of FSIS Guideline To Assist With the Donation of
Eligible Meat, Poultry and Egg Products to Non-Profit Organizations
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice of availability and response to comments.
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SUMMARY: On December 21, 2020, FSIS published and requested comments on
a guideline addressing the donation of meat and poultry products from
official establishments to non-profit organizations. FSIS is announcing
updates to this guideline and responding to comments received on the
previous version of the guideline.
ADDRESSES: A downloadable version of the guideline is available to view
and print at https://www.fsis.usda.gov/policy/fsis-guidelines.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development by telephone at
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2020, FSIS announced in the Federal Register the
availability of the FSIS Guideline to Assist with the Donation of
Eligible Meat and Poultry Products to Non-Profit Organizations (85 FR
83029). FSIS published the guideline to address food donation questions
from meat and poultry establishments and non-profit organizations. The
guideline explained inspection, labeling, shipping requirements, and
exemptions. FSIS requested comments on the guideline.
After review and consideration of all comments, FSIS has made
changes to and clarified certain aspects of the
[[Page 45627]]
guideline. For example, FSIS revised the donation flowchart in the
guideline to improve readability. The other revisions to the guideline
are summarized below and are discussed in more detail in FSIS'
responses to comments. The revised guideline is available at the FSIS
guidance web page at https://www.fsis.usda.gov/policy/fsis-guidelines.
Although comments on this guideline will no longer be accepted through
www.regulations.gov, FSIS will continue to update this document as
necessary.
Meat and poultry establishments can be a critical component of
reducing food loss and waste. FSIS encourages establishments to donate
meat and poultry products to non-profit organizations, when possible,
to reduce food loss and waste.
Summary of Changes to the Guideline
FSIS updated the ``Preface'' section to specify which
products are covered under the guideline;
FSIS added information on donating egg products to help
establishments and non-profit organizations better understand the
relevant statutes, regulations, and FSIS policies;
FSIS added a section to the guideline that addresses
limited liability protection for donors including information related
to the Bill Emerson Good Samaritan Food Donation Act and the Food
Donation Improvement Act;
FSIS updated the text to reflect the updated and
recommitted formal agreement between USDA, the U.S. Environmental
Protection Agency, and the U.S. Food and Drug Administration (FDA);
FSIS removed the ``Donation Recipients'' section to
eliminate confusion;
FSIS moved the ``State-Inspected Products,'' ``Expired
Products,'' ``Incorrect Standards of Identity,'' and ``Statement of
Limited Use/Distribution'' sections to under the ``Products Eligible
for Donation'' heading to improve readability;
FSIS ensured that all in-text citations are properly
linked;
FSIS revised the ``Guidance for Organizations Receiving
Donated Products'' section of the guideline to alleviate confusion and
improve readability;
FSIS updated the donation flowchart to improve readability
and include references to State inspected products;
FSIS added a reference to FDA's final rule ``Sanitary
Transportation of Human and Animal Food as an additional resource to
assist stakeholders in keeping products safe during transport;'' \1\
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\1\ See: https://www.govinfo.gov/content/pkg/FR-2016-04-06/pdf/2016-07330.pdf.
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FSIS modified the ``Misbranded and Economically
Adulterated Products'' section of the guideline to clarify labeling
requirements for products with ingredients of public health concern;
and
FSIS revised the ``Misbranded and Economically Adulterated
Products'' section of the guideline to remove language that could have
been misinterpreted as FSIS creating new policy.
Comments and Responses
FSIS received five comments on the guideline from two meat
producers, two State governments, and an academic institution. The
following is a summary of the comments and FSIS' responses.
General
Comment: A State government recommended that FSIS add language to
the guideline on proper cooking temperatures for raw meat and poultry
products and cooking instructions for pre-packaged food. The commenter
suggested that adding this information to the guideline would benefit
donation recipients and reduce the risk of wasted resources.
Response: FSIS did not add information about proper cooking
temperatures to the food donation guideline because they are not
relevant to the guideline. Information on proper cooking temperatures
can be found in other guidance documents, such as the Safe Minimum
Cooking Temperatures charts found at https://www.foodsafety.gov/food-safety-charts/safe-minimum-cooking-temperature.
Comment: A meat producer, an academic institution, and a State
government stated that FSIS should allow products produced under the
custom exemptions to be donated. The academic institution stated that
there are instances when products produced at custom processing or
slaughter facilities are eligible for donation at the State and local
level. The academic institution suggested that revising the exemptions
table in the guideline would help avoid confusion and potential
jurisdictional concerns and would promote donation practices that are
currently allowed and encouraged under many State and local laws. The
State government further noted that there is meat and poultry waste
generated at custom processing establishments, and that there is an
opportunity to allow for donation. A separate meat producer noted that
there are other instances when uninspected meat is permissible for
donation (i.e., hunter-harvested venison).
Response: Custom slaughtered and processed meat and poultry
products that are prepared from amenable species under the Federal Meat
Inspection Act (FMIA) or Poultry Products Inspection Act (PPIA) are
prohibited from being donated (21 U.S.C. 623(a) and 21 U.S.C.
464(c)(1)(B)). Custom products are for the exclusive use of the owner
of the livestock or poultry, members of the owner's household,
nonpaying guests, or household employees. Additionally, specific
exemptions under the Egg Products Inspection Act (EPIA) can be found in
21 U.S.C. 1044.
Meat products amenable to the FMIA include those derived from
carcasses and parts of cattle, sheep, swine, goat, and fish of the
order Siluriformes. Poultry products amenable to the PPIA are derived
from any domesticated bird (chickens, turkeys, ducks, geese, ratites,
or squabs, also termed young pigeons from 1 to about 30 days of age).
Egg products amenable to the EPIA are from the shell eggs of the
domesticated chicken, turkey, duck, goose, or guinea.
Nonamenable products (e.g., deer, elk, and bison) that fall under
the jurisdiction of other regulatory authorities (i.e., FDA, State, or
local governments) may have different policies related to donating
products. FSIS recommends consulting with these regulatory authorities
for further clarification on donating those products. FSIS did not
revise the exemptions table in the guideline to incorporate nonamenable
products. However, FSIS updated the ``Preface'' section of the
guideline to specify which products are covered under the guideline and
FSIS jurisdiction.
Comment: A State government and an academic institution suggested
that FSIS include information in the guideline on the Bill Emerson Good
Samaritan Act (42 U.S.C. 1791) and liability protections for food
donors. The State government stated that liability protection is
potential donors' primary concern.
Response: FSIS agrees and has added a section to the guideline that
addresses limited liability protection for donors. However, it is
important to reiterate that donations of apparently wholesome meat and
poultry products by qualified direct donors must be made in compliance
with FSIS regulations.
Comment: A State government noted that the guideline includes an
exclusion from temporary label approval and relabeling, provided that
certain bill of lading statements are provided. The
[[Page 45628]]
commenter argued that this exclusion could be exploited by unscrupulous
firms seeking to move products, originally diverted into the animal
food chain, back to the human food chain. The commenter suggested that
FSIS reconsider this exclusion.
Response: FSIS has no reason to believe that establishments are
exploiting its streamlined donation process, which allows
establishments to donate wholesome products with minor labeling issues
without temporary label approval and relabeling, provided that certain
information is included on bill of lading statements. The FSIS Office
of Investigation, Enforcement and Audit conducts surveillance and
investigation of regulated in-commerce meat, poultry, and egg products
facilities to prevent situations like the commenter suggested.
Comment: A State government expressed concern that the guideline
uses language that may conflict with State meat and poultry inspection
(MPI) and local regulations. The State government noted that the term
``Not for Sale'' conflicts with their State's use of the same term, and
that this may lead to confusion. The commenter also noted that their
State does not permit inspection-exempt poultry processed by the
producer (fewer than 1,000 birds) and labeled as ``Not for Sale'' to be
sold at retail or donated to charity, and that donated product in their
State must be inspected and passed.
Response: FSIS does not believe that it is necessary to revise the
guideline to avoid potential conflicting terminology with State MPI
regulations. The terminology used in the guideline has been used for
many years, and potential conflicts with State MPI regulatory language
have not been found to be a problem. Also, the table in the guideline
referenced by the commenter explicitly states that it covers poultry
products slaughtered and/or produced under an exemption from Federal
Inspection. The guideline also states that donations must be made in
compliance with applicable State and local laws.
Comment: A State government questioned whether the retail exemption
still applies when the non-profit organization is exempted by State law
from being required to hold a retail food establishment license. The
commenter suggested that the guideline could mention that States may
have specific licensing requirements or exemptions applicable to the
non-profit organization.
Response: FSIS did not revise the guideline in response to the
commenter's suggestion. The guideline already states that retailers are
subject to the licensing requirements of State and local (i.e., county,
city) authorities while producing products under the retail exemption
from FSIS inspection.
Comment: An academic institution and a State government recommended
that FSIS clarify that the donation recipients mentioned in the
guideline are not exclusive but illustrative. The academic institution
suggested that producers and donation recipients will benefit from
making this change to the guideline, because it will be clearer which
donation recipients are eligible and will increase potential donations.
Response: FSIS has removed the ``Donation Recipients'' section from
the guideline to alleviate any potential confusion.
Formatting
Comment: Two State governments recommended that FSIS add sections
to the guideline highlighting any updates or changes to previous FSIS
policies, explaining case studies, and defining key terms.
Response: Consistent with other FSIS guidelines, this updated
guideline contains a section summarizing changes from the previous
version. FSIS does not believe that additional examples are needed in
the guideline, so the Agency did not revise the guideline to include
additional examples. If firms need further clarification on any
information in the guideline in relation to their specific situation,
FSIS recommends contacting the Office of Policy and Program Development
through askFSIS, or by telephone at 1-800-233-3935. Lastly, all
significant terminology in the guideline is defined throughout the
document. Therefore, FSIS did not revise the guideline to add a
specific section that defines key words.
Comment: A State government recommended moving content about
donating State-inspected products and donating ``expired'' products to
earlier in the guideline with the other donation standards.
Response: FSIS agrees and has moved the ``State-Inspected
Products'' and ``Expired Products'' sections to under the ``Products
Eligible for Donation'' section. FSIS believes that these changes will
improve readability. FSIS also moved the ``Incorrect Standards of
Identity'' and ``Statement of Limited Use/Distribution'' sections to
under the ``Products Eligible for Donation'' to achieve the same
objective.
Comment: An academic institution commented on the ``Retail
Exemption'' section under the ``Guidance for Organizations Receiving
Donated Products.'' The academic institution argued that the retail
exemption for non-profit organizations is already addressed in the
``relabeling'' section.
Response: FSIS agrees with the comment and has revised the
``Guidance for Organizations Receiving Donated Products'' section of
the guideline to alleviate confusion and improve readability.
Donation Flowchart
Comment: A State government and an academic institution suggested
that FSIS revise the donation flowchart in the guideline to improve
readability and to indicate that certain State-inspected and passed
products can also be eligible for donation.
Response: FSIS has updated the flowchart to improve readability and
to address the donation of meat and poultry products produced under
State MPI or Cooperative Interstate Shipment inspection.
Shipping Donated Products
Comment: A State government suggested that FSIS should consider
expanding the ``Shipping Donated Products'' section of the guideline to
include proper storage temperatures and times. The commenter argued
that this will reduce the risk of products spoiling during transport.
Response: FSIS added a reference to FDA's Sanitary Transportation
of Human and Animal Food Final Rule \2\ in the updated guideline. The
rule addresses the commenter's concerns about proper storage
temperatures and times during transport.
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\2\ See: https://www.govinfo.gov/content/pkg/FR-2016-04-06/pdf/2016-07330.pdf.
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Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online 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
can 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
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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 USDA civil rights
regulations and policies, the USDA, its Agencies, offices, and
employees, and institutions participating in or administering USDA
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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/forms/electronic-forms 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.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2024-11310 Filed 5-22-24; 8:45 am]
BILLING CODE 3410-DM-P