[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Pages 27662-27665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7276]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. LS-05-09]
United States Standard for Livestock and Meat Marketing Claim,
Grass (Forage) Fed Claim
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and request for comments.
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SUMMARY: The Agricultural Marketing Service (AMS) is soliciting
comments on a revised proposed voluntary
[[Page 27663]]
standard for a grass (forage) fed marketing claim. This proposed
standard incorporates revisions made as a result of comments received
as a result of an earlier published proposed standard. A number of
livestock producers make such claims in order to distinguish their
products in the marketplace. Once a voluntary standard is established,
livestock producers may request that a grass (forage) fed claim be
verified by USDA. Verification of this claim will be accomplished
through an audit of the production process by AMS.
DATES: Comments must be received on or before August 10, 2006.
ADDRESSES: Written comments, suggestions, and other input may be
submitted to Martin E. O'Connor, Chief, Standardization Branch,
Livestock and Seed Program, AMS, USDA, Room 2607-S, 1400 Independence
Avenue, SW., Washington, DC 20250-0254. Comments may also be sent by
facsimile to (202) 720-1112, by electronic mail to
[email protected], or via the Internet at http://www.regulations.gov. Comments should refer to Docket No. LS-05-09. All
comments received will be made available for public inspection at the
above physical address during regular business hours (8 a.m.-4:30 p.m.)
and will be posted on the Internet at http://www.ams.usda.gov/lsg/stand/claim.htm. A copy of this proposed voluntary United States
Standards for Livestock and Meat Marketing Claim, Grass (Forage) Fed
Claim, is available through the above physical address or by accessing
the Web site at http://www.ams.usda.gov/lsg/stand/st-pubs.htm.
FOR FURTHER INFORMATION CONTACT: Martin E. O'Connor, Chief,
Standardization Branch, at (202) 720-4486.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946, as amended (7 U.S.C. 1622), directs and authorizes the
Secretary of Agriculture ``To develop and improve standards of quality,
condition, quantity, grade, and packaging, and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.'' USDA is committed to carrying
out this authority in a manner that facilitates the marketing of
agricultural commodities. One way of achieving this objective is
through the development and maintenance of voluntary standards by AMS.
AMS is proposing this voluntary United States Standard for
Livestock and Meat Marketing Claim, Grass (Forage) Fed Claim, in
accordance with procedures that are contained in part 36 of Title 7 of
the Code of Federal Regulations (7 CFR part 36).
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (PRA; 44
U.S.C. 3501 et seq.), the information collection and recordkeeping
requirements for the services associated with the grass (forage) fed
marketing claim is approved under Office of Management and Budget (OMB)
Control No. 0581-0124, which expires August 31, 2008.
Background
Individuals and companies often highlight production and marketing
practices in advertisements and promotions to distinguish their
products in the marketplace. Since the late 1970s, livestock and meat
producers (individuals and companies) have requested the voluntary
services of USDA to verify or certify specific practices to increase
the value of their products. One such production practice is the
rearing of livestock on grasslands or forage products only.
Since 1978, the Livestock and Seed (LS) Program, through the Meat
Grading and Certification Branch, has provided certification, through
direct product examination, for a number of producer claims related to
livestock and/or carcass characteristics. The validity of such claims
was enhanced since the product was ``USDA Certified.'' Since 1996, the
LS Program, through the ARC Branch, has offered a verification service
(http://processverified.usda.gov/) to substantiate claims that cannot
be determined by direct examination of marketed product. The USDA
Process Verified Program provides suppliers of agricultural products or
services the opportunity to distinguish specific activities involved in
the production and processing of their agricultural products and to
assure customers of their ability to provide consistent quality
products or services. This is accomplished by documenting the quality
management program and having the manufacturing or service delivery
processes verified through independent, third party audits. The USDA
Process Verified Program allows suppliers to make marketing claims--
such as feeding practices or other raising and processing claims--and
label and market their products as ``USDA Process Verified.''
Product labels that include the grass (forage) fed marketing claim
must be submitted to the Food Safety and Inspection Service (FSIS),
Labeling and Consumer Protection Staff (LCPS), for evaluation prior to
use. LCPS is USDA's regulatory authority on domestic and imported meat,
poultry, and egg product labeling, standards, and ingredients. The LS
Program has worked closely with LCPS to develop the proposed voluntary
grass (forage) fed marketing claim standard. Products or processes that
do not meet the minimum requirements will not be recognized as USDA
Certified or USDA Process Verified by AMS. The proposed standard for a
grass (forage) fed marketing claim will be part of the voluntary USDA
grade standards used in conjunction with USDA Process Verified program.
Proposed Standard
As multiple organizations began to seek USDA certification or
verification for the same or similar production practices, AMS
determined it would be beneficial to establish minimum standards for
common production and marketing claims. These standards will be
instrumental in facilitating communication, establishing a common trade
language, and enhancing understanding among producers and processors
and their customers. Past experience indicates standards sort a highly
diverse population into more homogeneous groups and when standards are
uniformly applied, they provide a valuable marketing tool.
AMS develops standards for marketing and production claims based on
LS Program experience with USDA Certified and USDA Process Verified
programs, research into standard practices and procedures, and requests
from the livestock and meat industries. In addition, the LS Program
obtains input from a number of individual experts in government,
industry, and academia while drafting the proposed standards and their
corresponding thresholds. The LS Program proposed the U.S. Standards
for Livestock and Meat Marketing Claims, as a notice and request for
comments, in the December 30, 2002, Federal Register (67 FR 79552).
This notice and request for comments covers only the grass (forage) fed
claim. Other claims that appeared in the 2002 notice will be made final
or modified and re-proposed as appropriate in separate documents
published in the Federal Register. In the 2002 notice, the grass
(forage) fed claim standard was proposed such that grass, green or
range pasture, or forage shall be 80% or more of the primary energy
source throughout the animal's life cycle. AMS conducted a listening
session on February 11, 2004 in Washington, DC to discuss the grass
[[Page 27664]]
(forage) fed claim proposed in the 2002 notice. Participants as well as
the issues raised were the same as or very similar to those reflected
in the comments received concerning the December 30, 2002 notice. As a
result of the public comments received and public listening session
conducted, AMS determined significant modification to the proposed
grass (forage) fed standard was needed.
Grass (Forage) Fed Claim Comments and Responses
By the close of the comment period for the December 30, 2002
notice, AMS received 369 comments concerning the grass (forage) fed
claim from consumers, academia, trade and professional associations,
national organic associations, consumer advocacy associations, meat
product industries, and livestock producers. Only three comments
received were in general support of the standard as originally
proposed. Summaries of issues raised by commenters and AMS's responses
follow.
Grass (Forage) Definition and Percentage
Comment: AMS received numerous comments suggesting the percentage
of grass and forage in the standard be greater than the 80 percent
originally proposed. Most comments suggested the standard be 100
percent grass or forage. Other comments recommended various levels of
90, 95, 98 and 99 percent grass and forage as the primary energy
source. While other commenters suggested that animals be on 100 percent
forage diet with the exception of the winter season when free-standing
forage is unavailable, at which time the animals can be fed 85 percent
forage derived diet.
Commenters were not only strongly concerned about the percent of
grass and forage but also requested further clarification of the forage
definition. Some comments received requested a grass feeding category
be added. A few comments stated only grass and no stockpiled or stored
forages should be permitted for a grass (forage) fed labeling claim.
Agency Response: In the listening session and the extensive
comments received, emphasis was placed on the diverse grass feeding
regimes across the nation. For example, in the South grass is more
readily available year round verses out west. Accordingly, due to the
diverse range and climate conditions throughout the United States, it
is not practical to limit grass and forage consumption to only non-
harvested grasses or forages and restrict the use of stockpiled or
stored forages. The discussion of range conditions coupled with written
comments has led AMS to develop a more detailed definition of forage
and specific requirements for the grass (forage) fed claim. These
details and specific requirements are set forth in this proposed
standard. AMS determined the most appropriate way to integrate the
grass (forage) fed claim into practical management systems and still
maximize or keep the purest intent of grass and/or forage based diets
was by changing the standard requirements to read that grass and/or
forage shall be 99 percent or higher of the energy source for the
lifetime of the animal. This will permit very limited supplementation
due to inadvertent exposure to non-forage feedstuffs and/or adverse
environmental or physical conditions to ensure the animal's well being
at all times. Some comments indicated a need to distinguish grass
(forage) fed and grass-finished categories; however, while
participating in the grass (forage) fed claim listening session, the
participants concluded the addition of a grass-finished category would
only confuse consumers and lessen the meaning of a grass (forage) fed
claim. The participants indicated the addition of another category to
the claim would cause confusion in the wholesale and retail
marketplace.
Purpose and the Consumers' Understanding of the Claim
Comment: Many commenters requested the standard provide consumers
with the confidence that they are purchasing what is represented on the
label. One commenter stated that the grass (forage) fed claim should be
meaningful and represent the product the consumer thinks they are
buying--not some obscure definition. Other comments received requested
that it be established whether the claim's purpose is to market the
raising practices or to market the resulting meat characteristics of
the grass (forage) fed animal. Some commenters discussed that they
either raise or eat grass (forage) fed meat because grass (forage) fed
livestock results in meat that has desirable levels of Conjugated
Linoleic Acid (CLA) and omega-3 fatty acids. AMS received numerous
general comments that opposed the definition of grass as 80% of the
primary energy source as they indicated it would undermine the
integrity of grass (forage) fed animal production. The majority of the
commenters demanded further clarification of the definition so that the
claim meets their production expectations i.e., grass (forage) fed,
free-range, and antibiotic-free meat). A few comments received also
suggested restrictions be established so that grass (forage) fed
animals cannot be fed in confinement and one commenter stated the
standard should acknowledge the overall positive environmental impact.
Agency Response: AMS's standards and specifications should provide
consumers and the industry confidence that the product consumed is
actually produced in ways the label states. Additionally, AMS
determined that all animals which meet the minimum requirements for
grass (forage) feeding should be eligible for the grass (forage) fed
claim and additional requirements or characteristics beyond energy
source should not be incorporated in the standard (i.e., resulting meat
characteristics such as level of CLA or omega-3 fatty acids or
production practices). It will be up to the producer to make additional
distinctions in their meat products beyond the grass (forage) fed claim
and to educate their target consumers. While there is a synergistic
nature to grass feeding and free range conditions, AMS has determined
it is preferable to keep the terminology separate and develop two
distinct standards for both grass (forage) fed and free range claims,
particularly in view of possible distinctions in their energy sources.
Granted, most grass (forage) fed livestock will also qualify as free
range livestock (not fed in confinement); however, not all free range
livestock will receive their entire energy source from grass or forage.
For similiar reasons, the potential environmental impact of grass
feeding was not included as an element in the grass (forage) claim
standard.
Elimination of the Claim
Comment: Twenty nine comments suggested or referenced the
elimination of the standard as written. Commenters argued that the
claim as originally proposed was not acceptable, too lax and
misleading. They also stated the standard would undermine the integrity
of grass (forage) fed beef and provide a loophole for grain-fed animals
to be marketed as grass (forage) fed.
Agency Response: A substantial amount of support has been shown
throughout the livestock and meat industry for the creation of a grass
(forage) fed marketing claim. Taking into account this support, AMS has
determined that eliminating this claim would not be a viable option.
However, AMS also determined significant modifications to the proposed
grass (forage) fed standard were needed, as discussed previously in
this notice.
Accordingly, AMS proposes the following voluntary United States
Standard for Livestock and Meat
[[Page 27665]]
Marketing Claim, Grass (Forage) Fed Claim, in this notice and seeks
further public comment by interested parties.
United States Standards for Livestock and Meat Marketing Claims
Relating to Live Animal Production, Grass (Forage) Fed Claim
Background: For the purpose of this claim, forage is any edible
herbaceous plant material, other than separated grain, that can be
grazed or harvested for feeding. This claim applies to ruminant animals
whose sole energy/feed source throughout their life span is derived
from grass (annual and perennial), forbs (legumes, brassicas), browse,
forage, or stockpiled forages. Hay, haylage, baleage, silage, ensilage
and post-harvest crop residue without separated grain may also be
included in the feeding regime. Consumption of seeds naturally attached
to herbage, forage and browse or grain in the immature stage is
acceptable. Grass and/or forage must be 99 percent or higher of the
energy source consumed by the animal during its lifetime, with the
exception of milk consumed prior to weaning. Very limited
supplementation (i.e., less than one percent of the total energy
consumed during the animal's lifetime) due to inadvertent exposure to
non-forage feedstuffs or to ensure the animal's well being at all times
during adverse environmental/physical conditions is permissible.
Additionally, routine mineral and vitamin supplementation is
permissible.
Claim and Standard
Grass (Forage) Fed--Grass (annual and perennial), forbs (legumes,
brassicas), browse, forage, or stockpiled forages, and post-harvest
crop residue without separated grain shall be at least 99 percent of
the energy source for the lifetime of the ruminant specie, with the
exception of milk consumed prior to weaning. Routine mineral and
vitamin supplementation may also be included in the feeding regimen.
Grass (forage) fed claims will be verified, as provided in 7 CFR part
62, by a feeding protocol that confirms a grass or forage-based diet
that is 99 percent or higher.
Authority: 7 U.S.C. 1621-1627.
Dated: May 9, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-7276 Filed 5-11-06; 8:45 am]
BILLING CODE 3410-02-P