[Federal Register Volume 90, Number 123 (Monday, June 30, 2025)]
[Proposed Rules]
[Pages 27822-27824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12032]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 319
[Docket No. FSIS-2025-0016]
RIN 0583-AE06
Removal of Standard of Identity for Canned ``Tripe With Milk''
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FSIS is proposing to remove the standard of identity for
canned ``Tripe with Milk.'' Although some establishments may continue
to produce canned tripe with milk products, FSIS has determined that
the existing standard for the finished canned article is unnecessary.
The preamble to the rule that established the standard in 1950 did not
provide any explanation or justification for the standard. Removal of
the standard would provide greater flexibility for establishments.
FSIS' labeling requirements are sufficient to ensure that these
products are not misbranded.
DATES: Comments must be received by July 30, 2025.
ADDRESSES: FSIS invites interested persons to submit comments on this
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, 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-
2025-0016. 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
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(202) 720-5046 to schedule a time to visit the FSIS Docket Room at 1400
Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Denise Eblen, Acting Deputy Under
Secretary for the Office of Food Safety, at (202) 205-0495 or
[email protected] with a subject line of ``Docket No. FSIS-2025-
0016.'' Individuals in the United States who are deaf, deafblind, hard
of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: FSIS administers the Federal Meat Inspection
Act (FMIA) (21 U.S.C. 601 et seq.), which authorizes the Secretary to
prescribe standards of identity whenever such action is necessary for
the protection of the public (21 U.S.C. 607(c)). Seventy-five years
ago, the Secretary established a standard of identify for canned
``Tripe with Milk'' at 9 CFR 17.8(c)(44) (15 FR 6285, 6286, September
20, 1950). That section was later redesignated as 9 CFR 319.308 (35 FR
15552, 15601, October 3, 1970). The standard requires the finished
canned article to contain at least 65 percent tripe and no less than 10
percent milk. None of the preambles to the proposed or final rules
provide any explanation or justification for why this specific
formulation was necessary.
FSIS is proposing to remove 9 CFR 319.308 because FSIS has no basis
to maintain this requirement and, accordingly, has determined that this
standard of identity is not necessary for the protection of the public.
Removal of the standard would provide establishments with more
flexibility to develop canned products that contain tripe and milk in
different proportions or with other ingredients, as long as the
labeling remains truthful and not misleading in accordance with 9 CFR
317.8.
Executive Orders (E.O.s) 12866, 13563, 14215, and 14192
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this proposed rule is not significant as
defined by E.O. 12866. E.O. 13563 reaffirms the principles of E.O.
12866 while calling for improvements in the Nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. E.O. 14215 amends E.O. 12866 to ensure Presidential supervision
and control of the entire executive branch and to require that all
executive departments and agencies submit for review all proposed and
final significant regulatory actions to OIRA before publication in the
Federal Register. The Department has developed the proposed rule
consistent with E.O. 13563 and E.O. 14215.
This proposed rule is an E.O. 14192 ``deregulatory action.''
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat. 857), agencies must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
No regulatory flexibility analysis is required, however, if the head of
an agency or an appropriate designee certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. FSIS has concluded and hereby certifies that, if this
proposed rule becomes final, it will not have a significant economic
impact on a substantial number of small entities; therefore, an
analysis is not included. If this proposed rule becomes final,
establishments will not be required to change the way that they
formulate or label their products. Because the proposed rule does not
impose any new requirements, restrict production, or require relabeling
of existing products, it is not expected to have any adverse economic
effects on small or very small establishments.
Executive Order 13175
Executive Order 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 proposed rule on Indian tribes and determined that this rule
would not have tribal implications that require consultation under
Executive Order 13175.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521), FSIS has reviewed the proposed rule. The Administrator has
determined that this rulemaking would not impact information
collection, paperwork, or recordkeeping activities.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
2002 (Pub. L. 107-347, 116 Stat. 2899) to promote the use of the
internet and other information technologies to provide increased
opportunities for citizen access to Government information and
services, and for other purposes.
E.O. 13132; Federalism Summary Impact Statement
The proposed rule is deregulatory and has little effect on States
and local governments, so FSIS anticipates that if this proposed rule
becomes final, it will not have implications for federalism. Therefore,
under Section 6(b) of the E.O., a federalism summary is not required.
Environmental Impact
If this proposed rule becomes final, it will not have a reasonably
foreseeable significant effect on the quality of the human environment.
The proposal would merely provide more flexibility to establishments
preparing canned products that contain tripe and milk. The proposal
would not require establishments to change their current production
practices or labels. Accordingly, this action is appropriately subject
to the categorical exclusion from the preparation of an Environmental
Assessment or an Environmental Impact Statement as authorized under 7
CFR 1b.4 of the USDA regulations.
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
programs are prohibited from discriminating based on race, color,
national origin, religion, sex, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political
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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 State or
local Agency that administers the program or contact USDA through the
Telecommunications Relay Service at 711 (voice and TTY). 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 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, Mail Stop
9410, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email:
[email protected].
USDA is an equal opportunity provider, employer, and lender.
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 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 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.
Lists of Subjects in 9 CFR Part 319
Food grades and standards, Food labeling, Frozen foods, Meat
inspection, Oils and fats.
For the reasons discussed in the preamble, FSIS is proposing to
amend 9 CFR part 319 as follows:
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
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1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 1633, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.18, 2.53.
Sec. 319.308 [Removed and reserved]
0
2. Section 319.308 is removed and reserved.
Denise Eblen,
Acting Deputy Under Secretary for the Office of Food Safety.
[FR Doc. 2025-12032 Filed 6-27-25; 8:45 am]
BILLING CODE 3410-DM-P