[Federal Register: March 22, 2002 (Volume 67, Number 56)]
[Rules and Regulations]
[Page 13253-13259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr02-2]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 362 and 381
[Docket No. 01-045F]
RIN 0583-AC84
Mandatory Inspection of Ratites and Squabs
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is affirming the
interim final rule that it published on May 7, 2001 (66 FR 22899) that
amended the Poultry Products Inspection Regulations and the Voluntary
Poultry Inspection Regulations to make the slaughtering and processing
of ratites and squabs subject to mandatory inspection. The Agency acted
in response to the FY 2001 Agriculture, Rural Development, Food and
Drug Administration and Related Agencies Appropriations Act (the
Appropriations Act). The Agency invited interested parties to comment
on the interim final rule. FSIS is also making minor clarifying
modifications to the regulations concerning ratites and squabs and is
extending for an additional 12 months the time allowed for foreign
countries to become equivalent for exporting ratites or squabs to the
United States.
DATES: This final rule will be effective April 22, 2002.
FOR FURTHER INFORMATION CONTACT: For information about the final rule,
contact Robert Ragland, DVM, Acting Director, Inspection and
Enforcement Standards Development Staff, Office of Policy, Program
Development, and Evaluation, FSIS, U.S. Department of Agriculture, Room
202, Cotton Annex, 300 12th Street, SW, Washington, DC 20250-3700,
(202) 720-3219.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2001, the Food Safety and Inspection Service (FSIS)
published an interim final rule (66 FR 22899) that amended the Poultry
Products Inspection Regulations (Part 381) and the Voluntary Poultry
Inspection Regulations (Part 362) to include ratites and squabs under
the mandatory poultry products inspection regulations. (The interim
final rule was originally published on May 1, 2001 (66 FR 21631), but
had to be republished on May 7, 2001 because of printing errors.) The
Agency acted in response to the FY 2001 Agriculture, Rural Development,
Food and Drug Administration and Related Agencies Appropriations Act
(the Appropriations Act), signed by the President on October 28, 2000,
which provided that 180 days after the date of its enactment, U.S.
establishments slaughtering or processing ratites or squabs for
distribution into commerce as human food will be subject to the
requirements of the Poultry Products Inspection Act (21 U.S.C. 451, et
seq.) (PPIA), rather than the voluntary poultry inspection program
under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622) (AMA). That provision of the Appropriations Act was effective on
April 26, 2001.
Import Inspection
In the interim final rule FSIS allowed foreign countries 18 months
from the effective date (April 26, 2001) to become equivalent for
exporting ratites and squabs to the U. S. Thus, foreign countries had
until October 26, 2002 to do so. FSIS is now extending this time for an
additional 12 months to allow countries exporting or wanting to export
ratite and squab products to go through the equivalency process. A 12
month extension is being granted because the original 18 month period
has proved to be inadequate to complete both the equivalence
evaluations and the notice and comment period rulemaking that are
necessary to complete an equivalence process. The extended effective
date will now be October 26, 2003.
FSIS will make equivalency determinations in accordance with 9 CFR
part 327. If FSIS finds the country's export inspection system to be
equivalent to the U.S. domestic inspection system, FSIS will publish a
proposal in the Federal Register to list the country as eligible to
export ratites or squabs to the United States. After the public has had
60 days to comment on the proposed rule, FSIS will review all of the
public comments and make a final determination of equivalency and a
determination whether to list the country as equivalent and, therefore,
eligible to export ratites or squabs to the United States. This
determination will be announced in a final rule in the Federal
Register, along with FSIS's responses to the public comments. At that
time, the country's inspection service may certify establishments for
export of ratites and squabs to the United States. In the interim final
rule FSIS also set out what countries exporting or wanting to export
ratites and squabs needed to do prior to receiving an equivalency
determination. These instructions remain unchanged.
Comments on the Interim Final Rule
FSIS provided 60 days for public comment on the interim final rule,
ending July 2, 2001. The Agency received comments from industry groups,
the European Union, and one individual. FSIS addresses their specific
comments.
Comment: The commenters took issue with the definition of ``squab''
as a ``young flightless pigeon.'' They pointed out that this definition
is not always correct and is unenforceable. The commenters requested
that the definition of ``squab'' be changed to a ``young pigeon from
one to about thirty days of age,'' the definition used by Wendell Levi
in his authoritative book, The Pigeon.
Response: FSIS agrees that program inspection personnel have no way
of distinguishing between squabs that have flown and those that have
not flown and, therefore, is changing the definition of ``squabs'' to
``young pigeons from one to about thirty days of age.''
Comment: Commenters stated that the Agency made a mistake including
just
[[Page 13254]]
squabs and not all pigeons under the mandatory poultry products
inspection regulations because such was the clear intent of the
Congress to include all pigeons under the PPIA.
Response: The Agency disagrees. The Appropriation Act states
specifically that ``squabs'' are to be inspected under the PPIA. It
does not mention pigeons.
Comment: The European Union (EU) commented that because of the
Sanitary Phytosanitary (SPS) equivalence agreement between the EU and
the United States (U.S.), FSIS should not certify individual nations in
the EU, but rather the Agency should consider the EU as a single
entity.
Response: The U.S. and the EU have signed an agreement that
establishes a mechanism for the recognition of equivalent sanitary
measures maintained by either party (Agreement between the European
Community and the United States of America on sanitary measures to
protect public health in trade in live animals and animal products
commonly called the ``Veterinary Equivalence Agreement'' or ``VEA'').
Initially, the Agreement is limited to those sanitary measures
enumerated by both parties in an Appendix to the Articles. The
Agreement itself is not a blanket recognition of mutual equivalence.
Thus, there is no basis for treating the EU as a single exporting
country of ratites or any other poultry species.
While the U.S. has agreed in principle that EU poultry standards
are equivalent to those of the United States, no final determination
has been made that they meet the level of protection that the U.S.
deems appropriate. In the interim, the U.S. will continue to accept
poultry products from EU Member States that were judged equivalent
prior to signing of the VEA. Other Member States may demonstrate that
they also have equivalent poultry inspection systems.
In order to make additional poultry equivalence determinations, the
U.S. will require documentation (1) that all applicable EU poultry
directives have been transposed into country legislation, as is
required by EU law, and (2) that they have implemented EU standards
appropriately. In addition, a Member State would also need to
demonstrate that U.S. pathogen reduction and HACCP requirements--which
are not covered by the VEA--have been assimilated into its poultry
inspection system and are being implemented in an equivalent manner.
Certain other U.S. regulatory import requirements must be met as well.
Comment: One commenter supported any legislation that would
increase the consumption of emus.
Response: As is stated in the Regulatory Impact Analysis, the
mandatory inspection of ratites and squabs should lead to increased
consumption of ratites and squabs.
Summary of the Final Rule
FSIS is affirming the interim final rule on the mandatory
inspection of ratites and squabs (66 FR 22899). FSIS is also extending
the date for foreign countries to become equivalent for exporting
ratite and squabs to the United States for an additional 12 months. The
new date will be October 26, 2003. The Agency is also amending the
paragraph in Sec. 381.1(b) that defines poultry by changing the
definition of squabs from ``young pigeons that have not flown'' to
``young pigeons from one to about thirty days of age.'' FSIS is also
modifying Sec. 381.71 (b) by removing the word ``carcasses'' from the
first sentence of this paragraph to make the language clearer.
Moreover, the Agency is adding further information to Sec. 381.94 on
the E. coli testing and sampling for ratites and squabs as it does for
other species under mandatory inspection. This information makes
explicit the fact that FSIS has not established specific performance
standards for E. coli testing of either ratites or squabs.
Regulatory Impact Analysis
Basis for Regulatory Action
The interim final rule amended Sec. 362.1(d) by removing squab from
the definition of poultry in the Voluntary Poultry Inspection
Regulations and amended Part 381 to include ratites and squabs under
the Agency's mandatory poultry inspection requirements.
Baseline
Ratites and squabs are now amenable species and are inspected by
the Agency under the mandatory poultry inspection regulations. These
species are also inspected under State programs. Ratites are an order
of flightless birds that includes ostriches, emus, rheas, cassowaries,
and kiwis. The most economically important species of ratites are the
ostrich and the emu. Squabs are young pigeons from one to about thirty
days of age. Ratite meat and squab meat are valued for their flavor and
nutritional characteristics.
Since 1992, when FSIS first granted a request for voluntary
inspection for ostriches, approximately 166 establishments have been
issued a grant of inspection for ratite operations. Currently,
approximately 100 establishments possess a grant of inspection. In
1999, there were a total of 48,286 (76%) ratites inspected in Federal
establishments, and 14,427 (24%) ratites inspected in State
establishments, or a total of 62,713 ratites inspected (Table 1).
Ostriches made up the largest share (69%) of the ratites inspected
under the Federal program, whereas emus made up the largest share (56%)
of the ratites inspected under State programs.
Table 1.--Ratites and Squab Inspection Volume and Establishments, FY 1999
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Federal establishments State establishments
------------------------------------------------ Total
Species Number Percent Number Percent inspected
inspected of total inspected of total
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Ratites:
Ostrich........................................ 33,521 86 5,254 14 38,775
Emu............................................ 14,745 64 8,068 36 22,813
Other.......................................... 20 2 1,105 98 1,125
Ratites:
Total.............................................. 48,286 76 14,427 24 62,713
Squabs............................................. 175,496 14 1,122,131 86 1,297,627
Totals............................................. 223,782 16 1,136,558 84 1,360,340
Ests............................................... Number Number
Squabs......................................... 2 2
Ratites........................................ 99 95
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[[Page 13255]]
In 1999, States with a large share of ratites inspected under the
Federal program were California, Georgia, Illinois, Louisiana,
Oklahoma, and Texas. Alabama, California, Mississippi, North Carolina,
Ohio, and Texas inspected a large share of ratites under State
programs. There were almost an equal number of establishments involved
in slaughter of ratites under the Federal (99) and State (95)
inspection programs.
Ostriches
Ostrich is the largest bird in the world, standing about seven to
eight feet tall and weighing 300-400 pounds when fully grown. Industry
representatives indicate that there were about 600 ostrich growers
1998, down from 1000 growers in 1996. There is significant uncertainty
about the annual production of ostriches and other ratites at this
time.
Ostriches are slaughtered at an average age of 12 months. The
average weight at slaughter is 350 pounds. Ostrich meat is sold as
steaks, fillets, medallions, roasts, and ground meat. Because of their
size ostriches are currently slaughtered in establishments that are
equipped to process other red meat species such as cattle, sheep,
goats, and swine.
Emus
A mature emu reaches a height of 5 to 6 feet, weighing 90 to 120
pounds. In 1999, 22,813 emus were inspected under Federal and State
programs (Table 1). There are a number of valuable products derived
from emus in addition to their meat.
There is also significant uncertainty about the annual production
of emus. Some sources indicate that there may be as many as 500,000
birds on 5,000 to 6,000 farms in the U.S., with the majority of them in
Texas, Oklahoma, and elsewhere in the Southwest.
Squabs
Squabs are young pigeons from one to about thirty days of age.
Squabs usually weigh 1 pound or less at the time of slaughter (about 4
weeks old). In 1999, California and Oregon were the only two States
that inspected squabs under the Federal voluntary inspection program.
In that year, 175,496 squabs were inspected (Table 1). During that same
period 1,122,131 squabs were inspected under the State inspection
programs of California and South Carolina.
Regulatory Alternatives
FSIS considered two options in developing its interim final rule.
The first option was to only change the definition of ``poultry'' in
the Poultry Products Inspection Regulations to include ratites and
squabs. This approach may have caused confusion in the industry because
it would be difficult to apply some of the current poultry regulations
to ratites and squabs, e.g., chilling and certain handling
requirements.
The Agency's second option was to make the changes required by
statute and other changes as noted above. FSIS selected this option
because it provided a more orderly transition from voluntary inspection
to mandatory inspection of ratites and squabs than the first option at
little or no additional cost. The Agency is now affirming this option
in this final rule.
Benefits
There are three primary benefits that may result from extending
mandatory inspection services to ratites and squabs: industry growth,
public health, and industry cost savings.
Having the mark of inspection on ratite and squab products will
likely lead to greater consumer confidence and acceptance of the
products. Demand would be expected to increase as a result.
Establishments that are able to capitalize on the change in consumer
preference would realize increased sales of these products. To the
extent that inspection promotes growth in the ratite and squab
industry, society could benefit also from the increased employment and
earnings of workers in these establishments. Studies are not available
to identify the potential growth in the industry that may occur.
The public health benefits of inspection are related to the
reduction in risk associated with consumption of all ratite and squab
meat that must be inspected using the same procedures employed in the
meat and poultry industries. HACCP systems, Sanitation SOPs, and
process control practices have been shown to reduce contamination by
harmful foodborne pathogens.
A shift to the mandatory inspection system eliminated the payment
of fees for inspection services. This is not a benefit from an economic
perspective as the costs of inspection are transferred elsewhere in the
economy. Since FSIS is recovering these costs through appropriated
funds, the change to a mandatory inspection system results in an income
transfer from the public to the ratite and squab industry. The total
cost savings to the industry will be about $2 million in 2001, with the
possibility of increasing over time with the expansion of the industry.
Industry Costs
The compliance cost of extending mandatory inspection to ratite and
squab species is negligible. All establishments involved in
slaughtering amenable species, as of January 25, 2000, must be in
compliance with the provisions of Pathogen Reduction/Hazard Analysis
Critical Control Point (PR/HACCP) final rule. Under the provisions of
the rule, all slaughter establishments under mandatory inspection are
required to have HACCP plans and meet process control requirements.
Nearly all establishments that slaughter and process ratites and
squabs, because they also slaughtered other species under mandatory
inspection, had already implemented HACCP, Sanitation SOPs, and other
measures consistent with mandatory inspection. These establishments
were required under the interim final rule to make changes to their
HACCP or sanitation procedures to include ratites and squabs. The
Agency estimates that establishments that had not included ratites and
squabs in their HACCP plans\1\ incurred a minimal cost of $500.00
associated with HACCP plan modification.
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\1\ HACCP plans are not required to cover non-amenable species.
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Because poultry is subject to mandatory Federal inspection, ratites
and squabs are now subject to E. coli testing requirements.
Establishments that slaughter more than one kind of poultry and
livestock are required to test the species that the establishment
slaughters in the greatest number. Agency research indicates that the
number of establishments where ratites and squabs are the species being
slaughtered in the greatest number is very low. Consequently, very few
establishments are being required to perform additional E. coli testing
for process control verification. The costs per establishment for E.
coli testing are shown in Table 2.
For those establishments that slaughtered and processed ratites and
squabs under voluntary inspection, the transition to mandatory
inspection did not require changes in equipment and processing methods.
Ratites are currently being slaughtered and processed in establishments
that are equipped to process cattle, sheep, goats, and swine. Squabs
are processed using the same equipment and procedures as those used for
young chickens.
The Agency estimates that 50% of the Federal establishments (50
establishments) and 25% of the State establishments (24 establishments)
made minor changes in their HACCP
[[Page 13256]]
plan to accommodate mandatory inspection requirements for ratites.
Table 2.--Potential Costs for Mandatory Federal Inspection
------------------------------------------------------------------------
Per est. Industry
Costs (dollars) ($thousand)
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Start up Cost:
HACCP Plan Modification............. 500 37.0
SSOP Modification................... 100 7.4
Recurring Cost:
E. coli Sampling (26 samples@$20 per 520 38.5
sample per establishment)..........
Recordkeeping....................... 300 22.2
-------------------------------
Total........................... 1,420 105.1
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Another cost that applies to all establishments applying for
Federal mandatory inspection is the application cost. This cost is
negligible, as it is limited to a one-time cost for filling out an
application, about $10. The total compliance cost to the establishments
identified above are estimated to be $105,100.
FSIS Costs
The Agency anticipates the need to conduct baseline microbiological
studies. These studies constitute the major costs to the Agency
totaling $205,000.
Microbiological Testing
The microbiological studies will help the Agency determine the
prevalence of harmful bacteria or pathogens in ratites and squabs.
These studies can also be used to develop performance standards for
pathogen reduction. The cost of a microbiological baseline testing for
ratites will be $110,000 and for squabs, $95,000 (Tables 3 and 4).
Table 3.--Cost to FSIS of a Mandatory Ratite Inspection Program
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Inspection
One-time costs hours $Thousand
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Microbiological Baseline...................... 110.0
Transfer Payment \1\:
Federally-Inspected Ests.................... 38,524 $1,959.0
------------------------------------------------------------------------
\1\ The hourly rate for Federal inspection in FY 2000 is estimated to be
$38.44 per hour.
Table 4.--FSIS Mandatory Squab Inspection Program Costs
------------------------------------------------------------------------
Inspection
One-time costs hours $Thousand
------------------------------------------------------------------------
Microbiological Baseline...................... 95.0
Transfer Payment \1\:
Federally-Inspected Ests.................... 322 16.4
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\1\ The hourly rate for Federal inspection in FY 2000 is estimated to be
$38.44 per hour.
Transfer Payments
Under voluntary inspection, establishments pay for inspection
services. The funds for mandatory inspection activities are
appropriated from Federal tax revenues. The transition from voluntary
to mandatory inspection changes the source of inspection program
funding. The Agency estimates that the industry cost of inspection of
ratites and squabs for 1999 in Federal establishments was $1,975,000,
of which ratites accounted for $1,959,000 and squabs for $16,400,
including overhead (Tables 3 and 4).
With ratite and squab inspection mandatory, it is possible that the
volume of ratites and squabs inspected at Federally inspected
establishments will increase beyond what is currently being inspected.
An establishment that was under a State inspection program that shipped
ratites and squabs in interstate commerce had to shift to Federal
inspection to maintain its markets. It is expected that 25% of the
establishments that were under State voluntary inspection will migrate
to the Federal mandatory program. This analysis does not take into
account the potential increase in the demand for inspection services.
Both species currently account for an extremely small share of meat and
poultry inspection. Changes in the required level of inspection program
personnel are not expected to be significant in the near-term.
The estimated total cost of inspection in State establishments was
$554,400 for 14,427 ratites and 1,122,131 squabs for FY 1999. Under the
agreement the Agency formerly had with a State having a voluntary
inspection program, the Agency paid half of the inspection program
costs, or $277,191 (Table 5).
Under the mandatory program, States no longer are able to collect
fees for inspection services. States may decide to terminate their
ratite and squab inspection programs. If terminations occur, FSIS will
take over inspection at the facilities operating under the State
program and thereby absorb the total costs of inspection at these
establishments. For those States that did not have a State voluntary
program for ratites and squabs, the impact of a Federal mandatory
inspection program is minimal. The payment of these costs at previously
State inspected establishments is an income transfer similar to that
occurring for Federally inspected establishments.
The total transfer payment to Federal and State establishments is
$2,252,000 ($1,975,000 plus $277,000).
Table 5.--Ratites and Squabs Inspection Cost at State Establishments--FY 1999
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Total
Number inspection Total cost of
Species inspected hours inspections
required \1\
----------------------------------------------------------------------------------------------------($thousand)-
Ratites......................................................... 14,427 11,510 442.4
[[Page 13257]]
Squabs.......................................................... 1,122,131 2,912 111.9
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Total....................................................... 1,136,558 14,422 554.4
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\1\ FSIS hourly base rate of $38.44 times inspection hours required.
Consumer Cost
In large part, the costs of ratite and squab inspection were
transferred from producers to taxpayers. With the burden of paying for
inspection service eliminated, establishments may transfer these cost
savings to consumers through lower prices.
Economic Impact on International Trade Assessment
Countries that previously had little interest in export
certification may petition FSIS because these additional species now
come under mandatory inspection. Foreign establishments that specialize
in exotic species may seek to broaden their markets by exporting to the
United States. The Agency may need to evaluate the equivalence of a
greater number of foreign food regulatory inspection systems.
Executive Order 12866 and Regulatory Flexibility Act
Because this final rule has been determined to be significant, the
Office of Management and Budget (OMB) has reviewed it under Executive
Order 12866.
The Administrator, FSIS, has determined that this final rule will
not have a significant economic impact, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601), on a substantial number of small
entities.
Small establishments will not be adversely affected by this final
rule. Few establishments slaughter and process ratites or squabs
exclusively. For small slaughtering establishments as well as large
ones, ratites and squabs do not comprise all or even most of their
business. Of the 100 establishments that slaughter or process ratites
and squabs, only two slaughter over 90% of the squabs consumed in the
market. There are no establishments that dominate the slaughtering of
ratites. Small entities will benefit along with the rest of the
industry with the increased marketability of their product and the cost
savings realized because they no longer have to pay fees to either FSIS
or the State for voluntary inspection service.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This final rule: (1) Preempts State and local
laws and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule. However,
the administrative procedures specified in 9 CFR 306.5 and 381.35,
respectively, must be exhausted before any judicial challenge of the
application of the provisions of this final rule, if the challenge
involves any decision of an FSIS employee relating to inspection
services provided under the PPIA.
Executive Order 13132
Executive Order 13132, ``Federalism,'' requires that agencies
assess the federalism implications of their policy statements and
actions, i.e., the effects of those statements and actions on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. The Federal Meat Inspection Act (FMIA)
and the Poultry Products Inspection Act (PPIA) preempt State and local
laws in regard to the manufacture and distribution of meat and poultry
products. Therefore, FSIS policy statements and actions affect
federalism within the context of these statutory preemptions.
States and local jurisdictions are preempted by the FMIA and PPIA
from imposing any marking, labeling, packaging, or ingredient
requirements on federally inspected meat and poultry products that are
in addition to, or different than, those imposed under the FMIA and the
PPIA. States and local jurisdictions may, however, exercise concurrent
jurisdiction over meat and poultry products that are within their
jurisdiction and outside official establishments for the purpose of
preventing the distribution of meat and poultry products that are
misbranded or adulterated under the FMIA and PPIA, or, in the case of
imported articles, that are not at such an establishment, after their
entry into the United States.
Specifically, under section 301 of the FMIA and section 5 of the
PPIA, a State may administer State meat and poultry inspection programs
provided that it has developed and is effectively enforcing State meat
and poultry inspection requirements at least equal to those imposed
under titles I and IV of the FMIA and sections 1-4, 6-10, and 12-22 of
the PPIA. These titles contemplate continuous ongoing programs. When
States can no longer effectively enforce meat and poultry inspection
requirements at least equal to Federal requirements, they must be
``designated'' by the Secretary to receive Federal inspection.
When FSIS revises its meat and poultry inspection requirements,
States that administer their own inspection programs may be affected,
since they must continue to enforce requirements equal to those of
FSIS. To minimize any additional costs States must incur to modify
their inspection programs, FSIS grants the States significant
flexibility under the ``equal to'' provisions of the FMIA and PPIA.
Further, States are eligible to receive up to 50 percent Federal
matching funds to cover the costs of their inspection programs.
Paperwork Reduction Act Requirements
The Office of Management and Budget has approved the paperwork and
recordkeeping requirements under approval number 0583-0122.
Departmental Regulation 4300-4, ``Civil Rights Impact Analysis''
FSIS has considered under Departmental Regulation 4300-4, ``Civil
Rights Impact Analysis,'' dated September 22, 1993, the potential civil
rights impact of this final rule on minorities, women, and persons with
disabilities.
The purpose of the final rule is to affirm the interim final rule
(66 FR 22899) that included ratites and squabs under mandatory Poultry
Products Inspection Regulations.
Congress mandated the inspection of ratites and squabs by April 26,
2001. The Agency promulgated an interim final rule that made all of the
necessary changes to the mandatory poultry
[[Page 13258]]
products regulations to include ratites and squabs. This final rule
affirms the interim final rule and makes two minor amendments to the
regulations.
The requirements placed on the relatively small number of
establishments that slaughter or process ratites or squabs are
consistent with FSIS mandatory regulatory requirements for other
species. The economic impacts on these establishment are in line with
the benefits that the public should expect and with what the
establishments should expect to recover as a result of moving from
voluntary to mandatory inspection. For the overwhelming majority of
establishments potentially affected by the move to mandatory
inspection, the impacts will be beneficial.
Of the 7,500 Federal and State inspected meat and poultry
establishments for which data are available, 317 are owned by females
and 297 are owned by non-whites--or a total of about 4 percent of these
establishments are female or minority owned. This compares to the 1992
Census figures for all U.S. firms which showed that minorities owned
6.3 percent and women owned 11.2 percent of businesses. No data are
available at this time on the disabilities of the owners of meat and
poultry establishments. Nor is any data available on the ownership of
establishments that slaughter or process ratites and squabs.
There is no evidence to suggest that the establishments owned by
minorities would be any more or less affected than establishments owned
by non-minorities.
Neither will the final rule have a significant adverse impact on
low-income consumers or minority employment. The costs associated with
implementing the final rule will not be unduly burdensome to industry
and will provide an economic benefit to the industry as a whole.
Consumers may realize lower prices for ratites and squabs.
FSIS has used the available information to evaluate the potential
impacts of the proposal on small entities and to determine civil rights
impacts.
Additional Public Notice
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to better ensure
that minorities, women, and persons with disabilities are aware of this
final rule, FSIS will announce and provide copies of this Federal
Register publication in the FSIS Constituent Update. FSIS provides a
weekly FSIS Constituent Update via fax to over 300 organizations and
individuals. In addition, the update is available on line through the
FSIS web page located at http://www.fsis.usda.gov. The update is used
to provide information regarding FSIS policies, procedures,
regulations, Federal Register notices, FSIS public meetings, recalls,
and any other types of information that could affect or would be of
interest to our constituents/stakeholders. The constituent fax list
consists of industry, trade, and farm groups, consumer interest groups,
allied health professionals, scientific professionals, and other
individuals that have requested to be included. Through these various
channels, FSIS is able to provide information to a much broader, more
diverse audience than would be otherwise possible. For more information
or to be added to the constituent fax list, fax your request to the
Congressional and Public Affairs Office, at (202) 720-5704.
List of Subjects in 9 CFR Part 381
Poultry and poultry products
Accordingly, the interim final rule published on May 7, 2001 (66 FR
22899) amending 9 CFR parts 362 and 381 is adopted as final, with the
following changes:
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
1. The authority citation for Part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.
2. Section 381.1 (b) is amended by revising the definition of
poultry to read as follows:
Sec. 381.1 Definition
* * * * *
Poultry. ``Poultry'' means any domesticated bird (chickens,
turkeys, ducks, geese, guineas, ratites, or squabs, also termed young
pigeons from one to about thirty days of age), whether live or dead.
* * * * *
3. Amend Sec. 381.71 by revising paragraph (b) to read as follows:
Sec. 381.71 Coverage of all poultry and poultry products processed in
official establishments.
* * * * *
(b) Dead-on-arrival ratites and ratites condemned on ante mortem
inspection will be tagged ``U.S. Condemned'' by an establishment
employee under FSIS supervision and disposed of by one of the methods
prescribed in Sec. 381.95.
* * * * *
4. Amend Sec. 381.94 by revising paragraphs (a)(2)(ii),
(a)(2)(iii)(B), (a)(2)(v)(A), Table 1 in paragraph (a)(5)(i), and Table
2 in paragraph (b)(1) as follows:
Sec. 381.94 Contamination with Microorganisms; process control
verification criteria and testing; pathogen reduction standards.
(a) * * *
(2) * * *
(ii)Sample collection. A whole bird must be taken from the end of
the chilling process. If this is impracticable, the whole bird can be
taken from the end of the slaughter line. Samples must be collected by
rinsing the whole carcass in an amount of buffer appropriate for that
type of bird. Samples from turkeys or ratites also may be collected by
sponging the carcass on the back and thigh.\1\
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\1\ A copy of FSIS's ``Guidelines for Escherichia coli Testing
for Process Control Verification in Poultry Slaughter
Establishments,'' and ``FSIS Turkey Microbiological Procedures for
Sponge Sample Collection and Methods of Analysis'' are available for
inspection in the FSIS Docket Room.
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(iii) * * * (B) Turkeys, Ducks, Geese, Guineas, Squabs, and
Ratites: 1 sample per 3,000 carcasses, but at a minimum one sample each
week of operation.
* * * * *
(v) * * * (A) Very low volume establishments annually slaughter no
more than 440,000 chickens, 60,000 turkeys, 60,000 ducks, 60,000 geese,
60,000 guineas, 60,000 squabs, 6,000 ratites, or a combination of all
types of poultry not exceeding 60,000 turkeys and 440,000 birds total.
Very low volume establishments that slaughter turkeys, ducks, geese,
guineas, squabs, or ratites in the largest number must collect at least
one sample during each week of operation after June 1 of each year, and
continue sampling at a minimum of once each week the establishment
operates until June of the following year or until 13 samples have been
collected, whichever comes first.
* * * * *
(5)(i) * * *
[[Page 13259]]
Table 1.--Evaluation of E. Coli Test Results
----------------------------------------------------------------------------------------------------------------
Maximum number
Lower limit of Upper limit of Number of permitted in
Types of poultry marginal range marginal range samples tested marginal range
(m) (M) (n) (c)
----------------------------------------------------------------------------------------------------------------
Chickens........................................ \1\ 100 \1\ 1,000 13 3
Turkeys......................................... *NA *NA *NA *NA
Ducks........................................... *NA *NA *NA *NA
Geese........................................... *NA *NA *NA *NA
Guineas......................................... *NA *NA *NA *NA
Squabs.......................................... *NA *NA *NA *NA
Ratites......................................... *NA *NA *NA *NA
----------------------------------------------------------------------------------------------------------------
\1\ CFU/ml.
* Values will be added upon completion of data collection programs.
* * * * * * *
(b) * * *
(1) * * *
Table 2.--Salmonella Performance Standards
----------------------------------------------------------------------------------------------------------------
Performance
Standard Number of Maximum number
Class of product (percent samples tested of positives to
positive for (n) achieve standard
salmonella) \a\ (c)
----------------------------------------------------------------------------------------------------------------
Broilers.................................................. 20.0% 51 12
Ground chicken............................................ 44.6 53 26
Ground turkey............................................. 49.9 53 29
Turkeys................................................... b NA NA NA
Squabs.................................................... b NA NA NA
Ratites................................................... b NA NA NA
----------------------------------------------------------------------------------------------------------------
a Performance Standards are FSIS's calculation of the national prevalence of Salmonella on the indicated raw
products based on data developed by FSIS in its nationwide microbiological baseline data collection programs
and surveys. (Copies of Reports on FSIS's Nationwide Microbiological Data Collection Programs and Nationwide
Microbiological Surveys used in determining the prevalence of Salmonella on raw products are available in the
FSIS Docket Room.)
b Not available; baseline targets for turkeys, squabs, or ratites will be added upon completion of the data
collection programs for that product.
* * * * *
Done at Washington, DC, on March 18, 2002.
Margaret O'K. Glavin,
Acting Administrator.
[FR Doc. 02-6836 Filed 3-21-02; 8:45 am]
BILLING CODE 3410-DM-P