[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Rules and Regulations]
[Pages 23903-23904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08580]
========================================================================
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. 91, No. 85 / Monday, May 4, 2026 / Rules and
Regulations
[[Page 23903]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: FSIS is removing the regulations for 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. Removal of the standard will provide greater
flexibility for establishments. FSIS' labeling requirements are
sufficient to ensure that these products are not misbranded.
DATES: This final rule is effective on June 3, 2026.
FOR FURTHER INFORMATION CONTACT: April Regonlinski, Assistant
Administrator, Office of Policy and Program Development, 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)).
On June 30, 2025, FSIS published the proposed rule, ``Removal of
Standard of Identity for Canned `Tripe with Milk' '' (90 FR 27822),
proposing to remove the standard of identity for canned ``Tripe with
Milk'' at 9 CFR 319.308. The proposal explained that the standard
required the finished canned article to contain at least 65 percent
tripe and no less than 10 percent milk. However, the proposal noted
that there was no explanation or justification for why this specific
formulation was necessary.
FSIS received three comments from individuals on the proposal. One
commenter generally opposed the standard. Another opposed the
proportions of milk and tripe in the standard, arguing that such
regulations infringe on personal freedoms and exemplify excessive
government control. The third commenter stated the standard is not
necessary, that proper labeling should suffice, and that removing the
tripe versus milk ratio requirement could broaden the market for tripe
products and provide more flexibility for manufacturers.
After considering these comments, FSIS has decided to finalize the
proposed rule without changes. FSIS is removing 9 CFR 319.308 because
it has no basis to maintain this requirement and, accordingly, has
determined that this standard of identity is not necessary to protect
the public. Removing the standard will 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.
This final rule has been designated as a non-significant regulatory
action under section 3(f) of 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. FSIS has developed the final rule consistent
with E.O. 13563. E.O. 14192, ``Unleashing Prosperity Through
Deregulation,'' requires that any new incremental costs associated with
certain significant regulatory actions ``shall, to the extent permitted
by law, be offset by the elimination of existing costs associated with
at least 10 prior regulations.'' This final rule is an E.O. 14192
deregulatory action.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), OIRA has designated this final rule as not a major rule
as defined by 5 U.S.C. 804(2).
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 this final rule
will not have a significant economic impact on a substantial number of
small entities; therefore, an analysis is not included. Establishments
will not be required to change the way that they formulate or label
their products. Because this final 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
[[Page 23904]]
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 final rule on Indian tribes and determined that this
rule will 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 this final rule. The Administrator has
determined that this rulemaking will 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 final rule has no effect on States and local governments;
accordingly, FSIS anticipates that this rule will not have implications
for federalism. Therefore, under Section 6(b) of the E.O., a federalism
summary is not required.
Environmental Impact
This final rule will not have a reasonably foreseeable significant
impact on the natural or physical environment. This final rule merely
provides more flexibility to establishments preparing canned products
that contain tripe and milk. This final rule will not require
establishments to change their current production practices or labels.
Additionally, no extraordinary circumstances exist that would require
preparation of an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). Accordingly, this action is appropriately
subject to the categorical exclusion from the preparation of an EA or
an EIS as authorized under 7 CFR 1b.4 of the USDA regulations.
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.
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 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.
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 amending 9 CFR
part 319 as follows:
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
0
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.
Justin Ransom,
Administrator.
[FR Doc. 2026-08580 Filed 5-1-26; 8:45 am]
BILLING CODE 3410-DM-P