[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67266-67268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23103]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. AMS-LS-07-0131; LS-07-16]
United States Standards for Livestock and Meat Marketing Claims,
Naturally Raised Claim for Livestock and the Meat and Meat Products
Derived From Such Livestock
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and Request for Comments.
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SUMMARY: The Agricultural Marketing Service (AMS) is seeking comments
on a proposed voluntary standard for a naturally raised marketing
claim. A number of livestock producers make claims associated with
production practices in order to distinguish their products in the
marketplace. There are a growing number of entities that wish to
capture value added opportunities via alternative production methods to
meet the demands of consumers seeking meat and meat products from
naturally raised livestock. The livestock and meat supply chain along
with consumers could benefit from a uniform standard for the marketing
of this type of product. The standard for a naturally raised marketing
claim, if adopted, will be part of the voluntary U.S. Standards for
Livestock and Meat Marketing Claims. If this voluntary standard is
established, livestock producers participating in this program would
have their naturally raised claim verified through the Department of
Agriculture (USDA). Verification of any claim would be accomplished
through an audit of the production process in accordance with
procedures that are contained in Part 62 of Title 7 of the Code of
Federal Regulations (7 CFR part 62). Meat and meat products sold from
approved programs can carry a claim verified by USDA.
DATES: Comments must be received on or before January 28, 2008 to be
assured of consideration.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments should be submitted through the Web
site at http://www.regulations.gov. Send written comments to: Naturally
Raised Marketing Claim, Room 2607-S, AMS, USDA, 1400 Independence
Avenue,
[[Page 67267]]
SW., Washington, DC 20250-0254, or by facsimile to (202) 720-1112. All
comments should reference the docket number. Comments received will be
posted on the Web site at http://www.regulations.gov and will be made
available for public inspection at the above physical address during
regular business hours.
FOR FURTHER INFORMATION CONTACT: Martin E. O'Connor, Chief, Standards,
Analysis, and Technology Branch, Livestock and Seed Program, AMS, USDA,
Room 2607-S, 1400 Independence Avenue, SW., Washington, DC 20250-0254;
facsimile: (202) 720-1112; telephone: (202) 720-4486; or e-mail:
[email protected]. Additional information can also be found by
accessing the Web site at http://www.ams.usda.gov/lsg/stand/naturalclaim.htm.
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 products. One way of achieving this objective is through
the development and maintenance of voluntary standards by AMS.
AMS is seeking comments on a proposed voluntary U.S. Standard for
Livestock and Meat Marketing Claims, Naturally Raised Claim for
Livestock and the Meat and Meat Products Derived from such Livestock,
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 a proposed naturally
raised marketing claim is approved under Office of Management and
Budget Control No. 0581-0124.
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 AMS to verify or certify specific practices to increase the
value of their products. The Livestock and Seed (LS) Program of AMS has
provided certification through direct product examination for a number
of production claims related to livestock and carcass characteristics.
The validity of such claims is enhanced since the product is labeled as
``USDA Certified.'' The LS Program also offers verification services
through Quality System Verification Programs (QSVP; http://www.ams.usda.gov/lsg/arc/audit.htm) to substantiate claims that cannot
be determined by direct examination of livestock, their carcasses,
component parts, or the finished product. The QSVP 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 system and having the
manufacturing or service delivery processes verified through
independent, third-party audits. One specific QSVP is the USDA Process
Verified Program, which 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.''
As multiple marketers of specialized claims have begun to seek USDA
certification or verification for the same or similar production
practices, AMS has determined it would be beneficial to establish
standards for common production and marketing claims that would
collectively be a part of the voluntary U.S. Standards for Livestock
and Meat Marketing Claims, which may be used in conjunction with a
certified or verified program recognized by AMS. The livestock and meat
marketing claim standards are instrumental in facilitating
communication, establishing a common trade language, and enhancing
understanding among producers, processors, and consumers. Past
experience indicates that standards sort a highly diverse population
into more homogeneous groups, and when standards are uniformly applied,
they provide a valuable marketing tool. AMS develops and proposes
standards for marketing and production claims based on experience with
USDA Certified Programs and USDA QSVP, research into standard practices
and procedures, and requests from the livestock and meat industries.
Naturally raised is an animal production method known in the
industry. AMS is proposing that animals that have been naturally raised
have been raised without growth promotants and antibiotics and have
never been fed mammalian or avian by-products. Accordingly, AMS is
seeking comments on a proposed voluntary naturally raised marketing
claim standard. AMS has obtained input from a number of individual
experts in government, industry, and academia while drafting the
proposed standard and has conducted public listening sessions.
If adopted, product labels that include the voluntary naturally
raised marketing claim must be submitted to the USDA's Food Safety and
Inspection Service (FSIS), Labeling Program and Delivery Division
(LPDD), for evaluation prior to use. FSIS, LPDD, under the authority of
the Federal Meat Inspection Act (FMIA; 21 U.S.C. 601, 607) and the
Poultry Products Inspection Act (PPIA; 21 U.S.C. 451, 457), regulates
domestic and imported meat, poultry, and egg product labeling,
standards, and ingredients. AMS has worked closely with FSIS, LPDD to
develop and propose the voluntary naturally raised marketing claim
standard. All products using the naturally raised marketing claim
standard would have to be accompanied by a brief statement explaining
the claim and attributes. The proposed standard for a naturally raised
marketing claim, if adopted, would be part of the voluntary U.S.
Standards for Livestock and Meat Marketing Claims which may be used in
conjunction with a USDA QSVP, and naturally raised marketing claims may
be verified, as provided in 7 CFR Part 62. However, since this would be
a voluntary marketing claim, if adopted, FSIS would not establish a new
provision limiting the use of the term naturally raised to labels in
which participants meet this standard with a USDA QSVP. Any specific
labeling issues or questions not related to AMS services would be
directed to the FSIS, LPDD.
According to FreshLook Marketing Group retail data, the demand for
natural and organic products has surged to double-digit growth in
recent years (for more information on the National Organic Program
visit http://www.ams.usda.gov/nop/indexIE.htm). To meet the growing
consumer demand, U.S. meat and poultry companies have developed and
marketed ``natural'' meat and meat products. An AMS naturally raised
marketing claim standard, if adopted, would remain independent of the
FSIS use of the term ``natural'' and
[[Page 67268]]
would separate claims about livestock production practices on product
labeling.
The majority of claims currently citing naturally raised animal
production methods are defined by the individual company selling the
product. Depending upon the branded program making the claims, the
production activities and associated requirements can vary since there
is currently no standard to specify which attributes must be addressed
and to what level, other than to be truthful and not misleading. This
has led to confusion in the industry and the marketplace as to what
requirements must be met in order to have a uniform, explicit claim
that can be easily understood. This confusion has caused AMS to develop
and propose a standard with explicit attributes that could easily be
understood by the public as the basis for a naturally raised marketing
claim as it relates to live animal production practices. AMS seeks
comment from the public concerning its development and requirements.
Proposed Standard
To develop and propose a marketing claim standard for naturally
raised, AMS conducted three listening sessions in December 2006 and
January 2007 in Washington, DC, Denver, CO, and Seattle, WA, to seek
oral and written comments regarding the use of a naturally raised
marketing claim standard. Public input and comments related to a
naturally raised marketing claim are posted on the Web site at http://www.ams.usda.gov/lsg/stand/naturalclaim.htm. AMS evaluated the public
input and comments and is seeking further comments on a proposed
naturally raised marketing claim standard.
AMS also reviewed consumer research along with the comments and
identified, based upon this information, that production practices such
as the prohibited use of antibiotics, growth promotants, and certain
animal by-products are the main attributes consumers want for meat and
meat products derived from livestock that are naturally raised. These
are the attributes that AMS' proposed naturally raised standard
contains. Again, the naturally raised labeling claim proposed in this
notice remains independent of the FSIS policy on the use of the term
``natural'' on product labeling and will only pertain to live animal
production practices.
Accordingly, AMS seeks comments on the following proposed voluntary
U.S. Standard for Livestock and Meat Marketing Claims, in this notice.
Proposed U.S. Standards for Livestock and Meat Marketing Claims,
Naturally Raised Claim for Livestock and the Meat and Meat Products
Derived From Such Livestock
Background: This proposed claim applies to livestock used for meat
and meat products that were raised entirely without growth promotants,
antibiotics, and mammalian or avian by-products.
The administration of growth hormones, including natural hormones,
synthetic hormones, estrus suppressants, beta agonists, or other
synthetic growth promotants is prohibited from birth to slaughter.
Collectively, they are referred to in the naturally raised marketing
claim standard as growth promotants.
No antibiotics can be administered, whether through feed or water,
or by injection, from birth to slaughter. This includes low-level (sub-
therapeutic) or therapeutic level doses, sulfonamides, ionophores,
coccidiostats, or any other synthetic antimicrobial. If an animal is in
need of medical attention, proper treatment should, of course, be
administered in an attempt to improve the health of the animal. In the
case where antibiotics or the stated prohibited substances are
administered, the treated animal must be identified and excluded from
the program. Health products that can be used for disease prevention in
a naturally raised program are vaccines, parasite control products,
antibody preparations, and bloat prevention and treatment products
(e.g., feed grade microbials and buffers that help facilitate the
animals digestive process).
The feeding of mammalian or avian by-products is prohibited.
Livestock cannot be fed rations that include components that are
mammalian or avian derived.
Vitamin and mineral supplementation is permissible.
Verification of the proposed claim will be accomplished through an
audit of the production process. The producer must be able to verify
for AMS that the naturally raised marketing claim standard requirements
are being met through a detailed documented quality management system.
Claim and Standard
Naturally Raised--Livestock used for the production of meat and
meat products have been raised entirely without growth promotants,
antibiotics, and have never been fed mammalian or avian by-products.
This information shall be contained on any label claim that an animal
has been naturally raised.
Authority: 7 U.S.C. 1621-1627.
Dated: November 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-23103 Filed 11-27-07; 8:45 am]
BILLING CODE 3410-02-P