[Federal Register Volume 69, Number 86 (Tuesday, May 4, 2004)]
[Proposed Rules]
[Pages 24539-24541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9931]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. 03-026P]
RIN 0583-AD05
Uniform Compliance Date for Food Labeling Regulations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
establish January 1, 2008, as the uniform compliance date for new food
labeling regulations that are issued between January 1, 2005, and
December 31, 2006. FSIS is proposing to establish a uniform compliance
date to minimize the economic impact of labeling changes by providing
for an orderly industry adjustment to new labeling requirements.
Furthermore, FSIS is establishing the uniform compliance date to be
consistent with the approach that the Department of Health and Human
Services, Food and Drug Administration (FDA) has already established.
DATES: Submit comments by July 6, 2004.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by any of the following
methods:
Mail, including floppy disks or CD-ROM's, and
hand-or courier-delivered items: Send to Docket Clerk, U.S. Department
of Agriculture, Food Safety and Inspection Service, 300 12th Street,
SW., Room 102 Cotton Annex, Washington, DC 20250.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions at that site for
submitting comments.
All submissions received must include the Agency name and docket
number 03-026P or Regulatory Information Number (RIN) 0583-AD05.
All comments submitted in response to this proposal, as well as
research and background information used by FSIS in developing this
document, will be
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available for public inspection in the FSIS Docket Room at the address
listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday.
The comments also will be posted on the Agency's Web site at http://www.fsis.usda.gov/OPPDE/rdad/FRDockets.htm.
FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director,
Labeling and Consumer Protection Staff, Office of Policy and Program
Development, Food Safety and Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250-3700, Telephone (202) 205-0279, Fax
(202) 205-3625. Copies of references cited in this document are
available in the FSIS Docket Clerk's Office (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
Background
The Food Safety and Inspection Service (FSIS) periodically issues
regulations requiring changes in the labeling of meat and poultry food
products. Currently, the Agency establishes a compliance date for each
new labeling regulation that it publishes. Many meat and poultry
establishments also produce non-meat and non-poultry food products
subject to the jurisdiction of the Food and Drug Administration (FDA),
and the FDA also periodically issues regulations requiring changes in
the labeling of such food products. In contrast to FSIS, FDA has a
standard uniform compliance date for all of its food labeling
regulations that are issued during a given two year period. FSIS has
determined that coordinating the effective dates of its labeling
changes and FDA's labeling changes will minimize the economic impact of
those changes on the industry.
Therefore, FSIS believes that there should be a uniform compliance
date for all food product labeling regulations affecting meat and
poultry establishments that are issued within a two year period. Such a
compliance date will ensure that changes will take effect on a timely
basis, but that companies will not have to respond separately to each
change.
In December 2002, FDA established January 1, 2006, as the uniform
compliance date for all Federal food labeling regulations affecting
non-meat and non-poultry food products which it issues between January
1, 2003 and December 31, 2004. We anticipate that FDA will publish in
the Federal Register its next sequential uniform compliance date as
January 1, 2008, for food labeling regulations issued between January
1, 2005, and December 31, 2006. Therefore, in order to harmonize its
compliance schedule with that of FDA, FSIS is proposing to establish
January 1, 2008, as the uniform compliance date for amendments to the
Federal meat and poultry food product labeling regulations that it
issues between January 1, 2005, and December 31, 2006.
Like FDA, FSIS intends to set uniform compliance dates in two year
increments. The Agency believes that two year increments will enhance
the industry's ability to make orderly adjustments to new labeling
requirements. Industry will be able to plan for the use of label
inventories and develop new labeling materials that include new
requirements of all the labeling regulations made within the two year
period, thereby minimizing the economic impact of labeling changes. By
establishing a uniform compliance date that is the same as FDA's, FSIS
is providing the meat and poultry industry with a greater ability to
adjust its production plans to new labeling requirements across all of
its product lines.
Establishing this policy serves consumers' interests because the
cost of multiple short-term label revisions that would otherwise occur
would likely be passed on to consumers in the form of higher prices.
If adopted, this action will not change existing requirements for
compliance dates contained in final rules published before January 1,
2005. Therefore, all final FSIS regulations published in the Federal
Register before January 1, 2005, will go into effect on the date stated
in the respective final rule.
Even if this action is adopted, it will remain the agency's policy
generally to encourage industry to comply with new labeling regulations
as quickly as feasible. Thus, when industry members voluntarily change
their labels, they should consider incorporating any new requirements
that have been published as final regulations up to that time.
The new uniform compliance date, if adopted, 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, 2005, and
before December 31, 2006. In each of these regulations, FSIS will
specifically identify January 1, 2008, as the compliance date. All meat
and poultry food products that are subject to the labeling regulations
promulgated between January 1, 2005, to December 31, 2006, will be
required to comply with these regulations when introduced into commerce
on or after January 1, 2008. If any food labeling regulation involves
special circumstances that justify a compliance date other than January
1, 2008, the agency will determine for that regulation an appropriate
compliance date, which will be specified when the final regulation is
published.
Executive Order 12866
This action has been determined to be not significant and therefore
has not been reviewed by the Office of Management and Budget in
accordance with Executive Order 12866. Establishing a uniform
compliance date for all future Federal food product labeling
regulations affecting the meat and poultry industry that are issued by
FSIS and FDA over a two year period will eliminate potentially
burdensome requirements otherwise faced by the industry. This measure
is consistent with regulatory reform of Federal rulemaking in that it
eliminates potentially unnecessary and burdensome requirements.
The elimination of potentially conflicting compliance dates
provides an orderly industry adjustment to any new labeling
requirements. Labeling changes in response to Federal regulations will
likely be less frequent, and establishments will be able to plan for
full utilization of their labeling stocks.
Regulatory Flexibility Analysis
This rule does not have a significant economic impact on a
substantial number of small entities; consequently, an initial
regulatory flexibility analysis is not required (5 U.S.C. 601-612). The
uniform compliance date does not impose any burden on small entities.
The agency will conduct regulatory flexibility analyses of future
labeling regulations if such analyses are required.
Paperwork Requirements
There are no paperwork or recordkeeping requirements associated
with this rule under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to better ensure
that the public and in particular that minorities, women, and persons
with disabilities are aware of this proposed rule, FSIS will announce
it on-line through the FSIS Web page located at http://www.fsis.usda.gov.
The Regulations.gov Web site is the central online rulemaking
portal of the United States government. It is being offered as a public
service to increase participation in the Federal government's
regulatory activities. FSIS
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participates in Regulations.gov and will accept comments on documents
published on the site. The site allows visitors to search by keyword or
Department or Agency for rulemakings that allow for public comment.
Each entry provides a quick link to a comment form so that visitors can
type in their comments and submit them to FSIS. The Web site is located
at http://www.regulations.gov. FSIS also will make copies of this
Federal Register publication available through the FSIS Constituent
Update, which is used to provide information regarding FSIS policies,
procedures, regulations, Federal Register notices, FSIS public
meetings, recalls, and other types of information that could affect or
would be of interest to our constituents and stakeholders. The update
is communicated via Listserv, a free e-mail subscription service
consisting of industry, trade, and farm groups, consumer interest
groups, allied health professionals, scientific professionals, and
other individuals who have requested to be included. The update also is
available on the FSIS web page. Through Listserv and the web page, FSIS
is able to provide information to a much broader, more diverse
audience.
Done in Washington, DC, on April 22, 2004.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 04-9931 Filed 5-3-04; 8:45 am]
BILLING CODE 3410-DM-P