[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Proposed Rules]
[Pages 33917-33918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3029]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 /
Proposed Rules
[[Page 33917]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 60
[Docket No. AMS-LS-06-0081; LS-04-04]
RIN 0581-AC26
Mandatory Country of Origin Labeling of Beef, Lamb, Pork,
Perishable Agricultural Commodities, and Peanuts
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed Rule; reopening of comment period.
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SUMMARY: The Agricultural Marketing Service (AMS) is reopening the
comment period for 60 days for the proposed rule for mandatory country
of origin labeling (COOL) for beef, lamb, pork, perishable agricultural
commodities, and peanuts that was published in the Federal Register on
October 30, 2003 (68 FR 61944). AMS requests general comments on the
proposed rule taking into account that the Agency has changed
corresponding definitions and requirements in the interim final rule
for fish and shellfish published in the Federal Register on October 5,
2004 (69 FR 59708). When preparing comments on the proposed rule, AMS
asks that interested parties consider the provisions of the interim
final rule for fish and shellfish and whether the definitions and
requirements in the interim final rule can also be applied to beef,
lamb, pork, perishable agricultural commodities, and peanuts. The
interim final rule's definitions and requirements include, but are not
limited to: Processed food item definition, country of origin
notification, markings, and recordkeeping requirements. All affected
persons are hereby given notice of the opportunity to submit written
data and views concerning the proposed rule. AMS will review and
consider the submitted comments and information as it promulgates a
final regulatory action for mandatory COOL for beef, lamb, pork,
perishable agricultural commodities and peanut covered commodities. AMS
is simultaneously reopening the comment period for the interim final
rule for the mandatory COOL program for fish and shellfish covered
commodities.
DATES: Comments must be submitted on or before August 20, 2007, to be
assured of consideration.
ADDRESSES: Comments should be submitted through the Internet at http://www.regulations.gov. Send written comments to: Country of Origin
Labeling Program, Room 2607-S; Agricultural Marketing Service (AMS),
USDA; 1400 Independence Avenue, SW., Washington, DC 20250-0254, or by
facsimile to (202) 720-1112. Comments received will be posted on the
Web site http://www.regulations.gov. 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: [email protected].
Information can also be found at http://www.ams.usda.gov/cool/.
SUPPLEMENTARY INFORMATION: The Farm Security and Rural Investment Act
of 2002 (Farm Bill) (7 U.S.C. 7901) 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 all
covered commodities--beef, lamb, pork, fish, perishable agricultural
commodities, and peanuts (68 FR 61944). The proposed rule can be found
at: http://www.ams.usda.gov/cool/index.htm. 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 COOL program for fish and shellfish. The
interim final rule can be found at: http://www.ams.usda.gov/cool/index.htm. The interim final rule became effective on April 4, 2005.
AMS reopened the interim final rule's comment period for 90 days on
November 27, 2006 (71 FR 68431). The reopened comment period was
limited to comments concerning the economic impacts of the interim
final rule, including implementation costs, maintenance, the burden of
the information collection and recordkeeping requirements, benefits,
and net economic impacts. Further, comments and information received as
a result of the reopened interim final rule's comment period, to the
extent relevant, would be reviewed in connection with any final
regulatory action for any of the covered commodities.
In preparation for promulgating a final regulatory action, AMS
seeks comment on all aspects of the proposed rule for mandatory COOL
for beef, lamb, pork, perishable agricultural commodities, and peanuts
as well as specific comments, data, and other relevant information on
whether the definitions and requirements contained in the interim final
rule for fish and shellfish can be applied to a mandatory COOL program
for beef, lamb, pork, perishable agricultural commodities and peanuts.
Additionally, interested parties are requested to provide comments and
perspective related to the information that is to be provided from a
mandatory COOL program and the expected costs and benefits of such a
program. While AMS welcomes all comments on a mandatory COOL program
for the applicable covered commodities, comments addressing the
following definitions and requirements are of special interest:
[[Page 33918]]
Processed Food Item
In an effort to make the definition of a processed food item
clearer in the interim final rule, AMS modified the language in the
proposed rule for fish and shellfish to provide specific examples of
the types of processing that that would result in a product being
considered a processed food item. Under the interim final rule, all
cooked items (e.g., canned fish, cooked shrimp) and breaded products
are considered processed food items and are excluded from coverage. In
addition, retail items have given a distinct flavor (e.g., Cajun
marinated catfish) are also considered processed food items. Should the
Agency provide specific examples of the types of processing that would
result in beef, lamb, pork, perishable agricultural commodity and
peanut covered commodities being considered processed food items and
excluded from coverage? Are there significant differences in the
preparation of beef, lamb, pork, perishable agricultural commodities
and peanuts for retail sale, compared to fish and shellfish, which the
Agency should consider? Are the major components of the definition of a
processed food item set forth in the interim final rule for fish and
shellfish (i.e., change in character and/or combined with other
substantive components) also applicable to beef, lamb, pork, perishable
agricultural commodities and peanuts?
Country of Origin Notification
Under Sec. 60.200 of the interim final rule for fish and
shellfish, the requirements and procedures for labeling a covered
commodity for country of origin are established. The interim final rule
modified provision of the proposed rule by changing the labeling and
notification requirements to simplify the labels and remain compliant
and consistent with other existing Federal regulatory requirements. The
interim final rule changed the requirements for the labeling of
imported fish and shellfish covered commodities not substantially
transformed in the United States, imported fish and shellfish covered
commodities substantially transformed in the United States, and blended
products (i.e., commingling of the same covered commodity). AMS seeks
comments on the applicability of these requirements and procedures to
beef, lamb, pork, perishable agricultural commodity and peanut covered
commodities. Can the requirements contained in the interim final rule
for fish and shellfish for determining the origin of imported products
and products partially produced in a foreign country and imported into
and further processed in the United States be used in whole or part?
What would be the impact of applying the same or similar requirements
for beef, lamb, pork, perishable agricultural commodity and peanut
covered commodities?
Markings
Under Sec. 60.300 of the interim final rule for fish and shellfish
the types of markings permissible to label covered commodities are
defined. AMS seeks comment on the established requirements for markings
for all covered commodities which includes the type of labels allowed,
placement, font, design, signs, location, and allowable abbreviations.
Recordkeeping Requirements
The recordkeeping requirements for retailers and suppliers are
established under Sec. 60.400 of the interim final rule for fish and
shellfish. The interim final rule for fish and shellfish modified
provisions of the proposed rule for fish and shellfish by significantly
changing the record retention requirements of retailers and their
suppliers. For example, the retention of records for a specific
transaction was reduced from 2 years to 1 year for both retailers and
suppliers for certain records. Additionally, records required to verify
country of origin and method of production for fish and shellfish
covered commodities at the retail site were reduced from 7 days
following retail sale of the product to the timeframe the product is
for sale. AMS seeks comment on the impact of applying the recordkeeping
requirements of the interim final rule for this proposed rule for beef,
lamb, pork, perishable agricultural commodity and peanut covered
commodities. Of particular interest are comments on internal
recordkeeping systems that beef, lamb, pork, perishable agricultural
commodity and peanut covered commodity suppliers may use to comply with
requirements for providing accurate country of origin information to
retailers. Are the retention periods established for records to
substantiate claims in the interim final rule for fish and shellfish
reasonable for this proposed rule given the nature of the covered
commodities? How will the recordkeeping requirements set forth in the
interim final rule for fish and shellfish impact the initial and
intermediary suppliers of beef, lamb, pork, perishable agricultural
commodity and peanut covered commodities in the supply chain?
Timeframes for Products Produced Prior to the Implementation Date To
Clear the Channels of Commerce
In the interim final rule, fish and shellfish covered commodities
derived from fish and shellfish caught or harvested before December 6,
2004, were exempt from the mandatory COOL program. This provision was
provided to allow products without source verification information
produced prior to the implementation date (i.e., April 4, 2005) to
clear the channels of commerce. Since harvest is a key component of
determining origin, this provision allowed suppliers time to develop
the necessary verification and recordkeeping systems to comply with the
mandatory COOL program. That being said, should specific timeframes for
exempting beef, lamb, pork, perishable agricultural commodity and
peanut covered commodities without verifiable records produced prior to
an implementation date be established in this proposed rule? If so,
what should be the specific timeframe for each covered commodity?
Authority: 7 U.S.C. 1621 et seq.
Dated: June 14, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 07-3029 Filed 6-15-07; 8:53 am]
BILLING CODE 3410-02-M