[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Rules and Regulations]
[Page 68431-68432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-1]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 68431]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 60
[Docket Number LS-03-04]
RIN 0581-AC26
Mandatory Country of Origin Labeling of Fish and Shellfish
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is reopening the
comment period for 90 days for the interim final rule for mandatory
country of origin labeling (COOL) for fish and shellfish covered
commodities that was published in the Federal Register on October 5,
2004 (69 FR 59708). The interim final rule for fish and shellfish
became effective on April 4, 2005. The interim final rule imposes
requirements on certain retailers and their suppliers to notify their
customers of the country of origin and the method of production (wild
and/or farm-raised) of specified fish and shellfish products. The
interim final rule also specifies recordkeeping responsibilities for
affected retailers and their suppliers. AMS requests general comment on
the costs and benefits of the interim final rule as well as the
specific questions that are listed in this document. All affected
persons are hereby given notice of the opportunity to submit written
data and views concerning the economic impacts of the interim final
rule. AMS will review the submitted comments and information as it
promulgates a final rule for mandatory COOL for fish and shellfish.
Comments received on issues that are outside the scope of the costs and
benefits of the interim final rule will not be considered.
DATES: Comments must be submitted on or before February 26, 2007, to be
assured of consideration.
ADDRESSES: Send written comments to: Country of Origin Labeling
Program, Room 2607-S; Agricultural Marketing Service (AMS), USDA; STOP
0254; 1400 Independence Avenue, SW., Washington, DC 20250-0254, or by
facsimile to (202) 720-1112, or by e-mail to cool@usda.gov. Comments
can also be submitted on the Internet at: http://www.regulations.gov Comments received will be posted to the AMS Web site at: http://.
http://www.ams.usda.gov/cool/. Comments sent to the above location that
specifically pertain to the information collection and recordkeeping
requirements should also be sent to the Desk Officer for Agriculture,
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), New Executive Office Building, 725 17th Street, NW., Room
725, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Martin O'Connor, Chief, Standards,
Analysis and Technology Branch, Livestock and Seed Program, AMS, USDA,
by telephone on (202) 720-4486, or via e-mail to:
martin.oconnor@usda.gov.
SUPPLEMENTARY INFORMATION: The Farm Security and Rural Investment Act
of 2002 (Farm Bill)(Pub. L. 107-171) and the 2002 Supplemental
Appropriations Act (Appropriations Act)(Pub. L. 107-206) amended the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) by adding 7
U.S.C. 1638-1638d to direct the Secretary of Agriculture to promulgate
regulations by September 30, 2004, requiring retailers to notify their
customers of the country of origin of covered commodities. On October
30, 2003, AMS published a proposed rule for mandatory COOL for beef,
lamb, pork, fish, perishable agricultural commodities, and peanuts (68
FR 61944). Subsequently, the FY 2004 Consolidated Appropriations Act
(Pub. L. 108-199) delayed the applicability of mandatory COOL for all
covered commodities except wild and farm-raised fish and shellfish
until September 30, 2006. The Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act of 2006
(Pub. L. 109-97) further delayed the applicability of mandatory COOL
for all covered commodities except wild and farm-raised fish and
shellfish until September 30, 2008. On October 5, 2004, AMS published
an interim final rule (69 FR 59708) for the mandatory country of origin
labeling program for fish and shellfish. The interim final rule became
effective on April 4, 2005. Comments were requested and were to be
submitted on or before January 3, 2005.
In preparation for promulgating a final rule for mandatory COOL for
fish and shellfish, AMS seeks comment only on the economic impacts of
the interim final rule at this time. Given that the interim final rule
has been in effect for more than a year and a half, affected retailers
and their suppliers now have considerable experience in complying with
the its requirements. AMS invites affected persons to comment on the
costs and benefits of the interim final rule. Results of independent
studies and analyses are also invited. AMS is particularly interested
in written data, views, and facts pertaining to initial costs to
implement the requirements of the interim final rule, ongoing costs to
maintain compliance, the burden of the information collection and
recordkeeping requirements, and any concomitant benefits resulting from
the mandatory COOL program. Comments and information received on these
issues, to the extent relevant, will be reviewed in connection with any
final regulatory action on a mandatory COOL program for any of the
other covered commodities. Comments received on issues that are outside
the scope of the costs and benefits of the interim final rule will not
be considered.
While AMS welcomes all comments relating to the economic impacts of
the implementation of the interim rule, comments addressing the
following questions are of special interest:
Implementation Costs
What costs were incurred by affected retailers and their suppliers
to become compliant with the interim rule? What, if any, changes in
operational procedures were required to implement the requirements of
the interim rule?
What, if any, capital costs were incurred to become compliant with
the interim rule? Did the interim rule require the purchase of
additional computer systems, labeling systems, or other equipment?
[[Page 68432]]
How many labor hours were required to become compliant with the
interim rule, and what types of labor were required? What types of
labor activities were required (e.g., strategic planning, software and
systems development, training), and how much time was spent on each
activity? What categories of personnel were required, and what were
costs for each category of labor? What total labor costs were incurred?
Maintenance Costs
What costs are incurred annually by affected retailers and their
suppliers to maintain compliance with the interim rule? What, if any,
changes in operational procedures are required to maintain compliance
the requirements of the interim rule?
What capital replacement costs are incurred?
How many labor hours are incurred annually? What activities are
performed (e.g., label application, data entry, software maintenance,
training), and how much time is spent on each activity? What categories
of personnel are required, and what are costs for each category of
labor? What total labor costs are incurred?
Benefits
What economic benefits have resulted from implementation of the
interim rule?
Has there been any overall demand response as a result of the
labeling requirements for country of origin and method of production of
fish and shellfish?
What product selection and purchase responses from customers have
been observed as a result of the labeling program? Do customers seek
and act on the country of origin and method of production information?
Have customers modified their purchase decisions based on the
country of origin for labeled fish and shellfish products? If so, how?
Have customers modified their purchase decisions based on the
method of production (farm-raised and/or wild) for labeled fish and
shellfish products? If so, how?
Net Economic Impact
What are the net economic impacts resulting from implementation of
the interim final rule? Are the benefits greater or less than the costs
of implementation?
Authority: 7 U.S.C. 1621 et seq.
Dated: November 20, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-19962 Filed 11-24-06; 8:45 am]
BILLING CODE 3410-02-P