[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Proposed Rules]
[Pages 37892-37896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15014]
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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. 73, No. 128 / Wednesday, July 2, 2008 /
Proposed Rules
[[Page 37892]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2008-0032]
RIN 0579-AC80
Importation of Cooked Pork Skins
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations to allow for the
importation of cooked pork skins from regions affected with foot-and-
mouth disease, swine vesicular disease, African swine fever, and
classical swine fever under certain conditions. We are taking this
action after preparing a risk assessment that concluded that the
cooking methods examined are sufficient to inactivate the pathogens of
concern. This action would relieve restrictions on the importation of
cooked pork skins while continuing to protect against the introduction
of those diseases of concern.
DATES: We will consider all comments that we receive on or before
September 2, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008&-0032 to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0032, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0032.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Karen A. James-Preston, Director,
Technical Trade Services--Products, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;
(301) 734-8172.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
and animal products into the United States to prevent the introduction
of communicable diseases of livestock and poultry. The regulations in
Sec. Sec. 94.4, 94.8, 94.9, and 94.12 contain requirements for the
importation of cured or cooked meat and pork and pork products from
regions where rinderpest, foot-and-mouth disease (FMD), African swine
fever (ASF), classical swine fever (CSF), and swine vesicular disease
(SVD) exist.
Currently, the regulations provide that pork and pork products may
be imported into the United States from regions where these diseases
exist only if they have been cooked or cured as specified in our
regulations. Acceptable cooking or curing methods include curing and
drying so that the product does not require refrigeration, cooking in a
hermetically sealed container so that the final product is shelf-
stable, cooking in tubes so the internal temperature of the meat
reaches 175 [deg]F (79.4 [deg]C), or, in the case of perishable canned
hams, cooking by method other than flash heating to an internal
temperature of 156 [deg]F (69 [deg]C). These cooking and curing
processes protect the United States against an introduction of the
diseases of concern by inactivating the viruses which cause them.
The Animal and Plant Health Inspection Service (APHIS) has received
a request from a United States importer for permission to import cooked
pork skins (pork rinds) from Brazil, a region affected with FMD, SVD,
ASF, and CSF. Such imports are not permitted under our current
regulations. However, a risk assessment \1\ performed by the Centers
for Epidemiology and Animal Health of APHIS' Veterinary Services
program indicates that pork skins cooked in the manner described by the
requester are not a potential pathway for entry of foreign animal
disease agents into the United States. This is because the cooking
process is sufficient to deactivate the pathogens in question.
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\1\ The risk assessment, titled ``Risk Assessment of Pork Rinds
from Brazil,'' can be viewed on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov) or
in our reading room. A copy may also be obtained from the person
listed under FOR FURTHER INFORMATION CONTACT.
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Two methods of cooking pork skins were examined. The first method
is a one-step cooking process, during which the pork skins are held in
cooking oil that is maintained at a temperature of 237-240 [deg]F (114-
116 [deg]C) for at least 80 minutes. Including heating and cooling
times, the cooking time for the one-step process is about 2.5 hours.
The second is a two-step process in which the pork rinds are dry cooked
at 500-750 [deg]F (260-399 [deg]C) for approximately 210 minutes after
which they are cooked in hot oil at 220-250 [deg]F (104-121 [deg]C) for
an additional 150 minutes. The total cooking time in the two-step
process is about 6 hours.
Both these cooking processes exceed the heat inactivation
requirement commonly cited in the literature for the four viruses of
concern. They also exceed the requirements for cooked meat described in
the regulations.
We are, therefore, proposing to amend the regulations in part 94 to
allow for the importation of cooked pork skins from regions with FMD,
SVD, ASF, and CSF under the conditions described in this proposed rule.
Specifically, we would amend the FMD-related provisions in Sec. 94.4,
the ASF-related provisions in Sec. 94.8, the CSF-related provisions in
Sec. 94.9, and the SVD-related provisions in Sec. 94.12 by adding a
new paragraph to each section that authorizes the importation of pork
skins
[[Page 37893]]
if they have been cooked using one of the methods described above. Each
of those sections also contains additional requirements that must be
met in order for pork or pork products to be imported into the United
States from regions where these diseases exist. These additional
requirements include provisions that the pork or pork products be
processed at an approved facility which is eligible to have its
products imported into the United States under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq. ) and the regulations in 9 CFR
part 327, and that shipments of cooked pork or pork products must be
accompanied by a certificate issued by an official of the National
Government of the region of origin who is authorized to issue the
foreign meat inspection certificate required under 9 CFR part 327.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to amend the regulations to allow for the
importation of cooked pork skins from regions affected with FMD, SVD,
ASF, and CSF under certain conditions. We are taking this action after
preparing a risk assessment that concluded that the cooking methods
examined are sufficient to inactivate the pathogens of concern. This
action would relieve restrictions on the importation of cooked pork
skins while continuing to protect against the introduction of those
diseases of concern.
Pork rinds are a snack food that is made from deep-fried or
microwavable pork rind pellets (cooked pig skins). The size of the pork
rind snack manufacturing industry is considered to be relatively small.
Available Economic Census data do not provide specific information on
the pork rind snack industry. The Census categorizes the pork rind
industry with certain other snack foods (excluding potato chips, corn
chips, and related products) under ``other snack food manufacturing,''
and the product classification code is 3119197.\2\ As table 1 shows,
the industry is composed of a relatively small number of
establishments. On average, these establishments employ fewer than 100
employees and therefore most, if not all, of the establishments can be
considered to be small entities.\3\
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\2\ The products included within this code are other chips,
sticks, hard pretzels, bacon rinds, popcorn (except candied), etc.,
excluding crackers, soft pretzels, and nuts.
\3\ The U.S. Small Business Administration (SBA) defines
establishments engaged in other snack food manufacturing (North
American Industry Classification System code 311919) as small if
their employees number no more than 500.
Table 1.--Snack Food Manufacturing, Excluding Potato Chips, Corn Chips, and Related Products, 2002
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Total cost of Total value of
Number of establishments Number of Payroll ($ materials ($ shipments ($
employees million) million) million)
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47.............................................. 4,284 $131 $365 $959
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Source: 2002 Economic Census (http://www.census.gov/prod/ec02/ec0231i311919.pdf).
Although no clear-cut method exists to disaggregate the pork-rind
snack manufacturers from the other snack manufacturers in the Census
data, we can use available sales information for pork-rind snack food
to approximate the size of this segment of the industry. Currently two
trade associations keep track of pork-rind snack sales: The Snack Food
Association of Alexandria, VA, reported sales $562 million (-21.6
percent) \4\ and Information Resources, Inc. of Chicago, IL, reported
sales of $98 million (-16.8 percent).\5\
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\4\ Sales in 2005, which includes all distribution channels.
Percentage shows the change from previous year.
\5\ Total supermarket, drug store, and mass merchandising sales
for the 52 weeks ending May 21, 2006, excluding Wal-Mart. Percentage
shows the change from previous year.
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Comparing these trade association data to the $959 million shipment
value reported in the Census data for ``other snack food
manufacturing,'' sales by the pork-rind snack manufacturers may
represent as much as one-half of sales for this product category. In
terms of the sales trend, it is notable that both trade associations
reported about 20 percent declines in sales from the previous year. The
slowdown in sales may at least partially reflect a shift in consumers'
orientation away from the high-protein/low-carbohydrate diet that seems
to have peaked in 2004.
Pork Rind Pellet Manufacturers
Pork rind pellets are made from cooked pork skins and are the main
material used in making pork rind snacks. The number and size of the
pork rind pellet manufacturers (including manufacturers of pork
cracklings \6\) are relatively small. Only 17 establishments comprise
this industry, and they had a total shipment value in 2002 of $196
million, as shown in table 2.
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\6\ Cracklings are produced from pellets--cooked pork skins--
that are thicker and meatier than rinds.
Table 2.--Pork Rind Pellet Manufacturers, 2002
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Number of
companies Shipment
Product code Product description with shipments value ($ Estimated shipment
of $100,000 million) volume \1\
or more
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311611R121....................... Pork rind pellets, 5 $45 155.9 million
including pork pounds (70,715
cracklings, made in metric tons).
slaughtering plants.
311612A441....................... Pork rind pellets, 12 151 56 million pounds
including pork (91,580 metric
cracklings, made from tons).
purchased carcasses.
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\1\ Although shipment volumes for pork rind pellets are not available in the 2002 Census data, the 1997 Census
data indicate that 123.7 million pounds were shipped for product code 311612A441, with a total shipment value
of $130 million. The 2002 figures are calculated based on this information.
[[Page 37894]]
Source: 2002 Economic Census.
U.S. Import and Export of Pork Rind Products
Trade data \7\ specific to pork rinds are not available; instead,
three harmonized tariff schedule (HTS) data for the edible offal of
swine are examined and summarized.8 9 Tables 3 and 4
summarize the import and export trend for these three HTS codes.\10\
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\7\ Source: U.S. International Trade Commission Interactive
Tariff and Trade Dataweb.
\8\ HTS 020649--Edible offal of swine, frozen: Other; HTS
0206490050--Edible offal of swine, frozen, pork rind (Note: This
classification is no longer available in the 2007 HTS); HTS
1602494000--Other prepared or preserved meat, meat offal, or blood
of swine: Other, not containing cereals or vegetables, other.
\9\ Of those, only one HTS is specifically for pork rind
(frozen). The other two include other edible offal of frozen,
prepared, or preserved swine.
\10\ ``Landed Duty-Paid Value,'' which is the sum of the cost,
insurance, and freight (CIF) value plus calculated duties, is used
for the trade data.
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The United States has imported a relatively small volume of edible
offal of swine, including pork rinds, at an average of 7,000 metric
tons annually with a value of $12 million over the past 5 years.
Although the import of swine offal peaked in 2005 and has declined
since, U.S. exports are relatively stable. The United States exported,
on an average, about 24,000 metric tons with an average value of $24
million, and the United States has been a consistent net exporter of
the edible offal of swine over the past 5 years.
Table 3.--U.S. Imports of Edible Offal of Swine, Frozen, Prepared, or Preserved
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2002 2003 2004 2005 2006
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Country Million Metric Million Metric Million Metric Million Metric Million Metric
dollars tons dollars tons dollars tons dollars tons dollars tons
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Canada.................................... $2.9 2,901 $4.3 3,553 $10.5 4,481 $7.0 6,635 $5.7 6,274
Denmark................................... 8.1 2,183 6.8 2,281 7.5 1,893 2.1 2,247 2.1 1,127
Mexico.................................... 0.0 0 1.1 0 0.6 108 0.0 79 0.0 0
Others.................................... 0.3 177 0.6 144 0.6 102 0.4 174 0.0 27
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Total................................. 11.3 5,261 12.8 5,978 19.2 6,584 9.5 9,135 7.8 7,428
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Source: U.S. International Trade Commission, HTS 0206490000, 0206490050, 1602494000.
Table 4.--U.S. Exports of Edible Offal of Swine, Frozen, Prepared, or Preserved
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2002 2003 2004 2005 2006
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Country Million Metric Million Metric Million Metric Million Metric Million Metric
dollars tons dollars tons dollars tons dollars tons dollars tons
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Mexico.................................... $10.1 15, 405 $11.0 16, 747 $19.4 24,325 $18.3 21,235 $16.5 22,078
Japan..................................... 9.4 3,102 3.3 1,410 0.9 272 1.4 435 4.4 1,494
Korea..................................... 0.5 358 1.6 776 1.8 848 2.2 1,029 3.0 1,330
Hong Kong................................. 2.3 1,097 1.4 679 1.2 353 1.1 261 1.5 330
Others.................................... 3.8 2,518 2.3 2,720 1.1 1,584 1.1 853 0.8 695
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Total................................. 26.1 22,120 19.6 22,332 24.4 27,382 24.1 23,813 26.2 25,927
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Source: U.S. International Trade Commission.
Export of Pork Rind Products From Brazil
Two HTS categories that include pork skins are used to examine the
status of Brazilian exports of pork rinds: 160249 (Meat, Meat Offal or
Mixtures of Swine, Prepared or Preserved, Nesoi \11\) and 020649 (Offal
of Swine Except Livers, Edible, Frozen).
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\11\ Not elsewhere specified or indicated.
[[Page 37895]]
Table 5.--Export of Swine Offal From Brazil
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2003 2004 2005
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Country Per Per Per
Million Metric metric Million Metric metric Million Metric metric % share
dollars tons ton dollars tons ton dollars tons ton of volume
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Hong Kong................................. $7.2 9.199 781.9 $9.5 10.347 916.9 $15.2 14,537 1,046.9 65.2
Russia.................................... 3.4 4,621 725.3 2.2 2,897 750.1 4.1 4,689 876.8 21.0
Others.................................... 2.3 3,882 602.7 3.3 3,493 942.7 3.0 3,064 960.1 13.7
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World Total........................... 12.9 17,702 727.8 15.0 16,737 893.4 22.3 22,290 999.2 100
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Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.
Brazil exports a relatively small amount of swine offal products.
On an average, it exports about 19,000 metric tons annually with a
total value of $17 million. Hong Kong is by far the largest buyer of
Brazilian swine offal, accounting for almost two-thirds of total
exports. Russia is the second largest buyer; however, its imports are
limited to frozen swine offal (HTS 0206491).
In terms of the aggregate world export of swine offal products,
Brazil is ranked around tenth in both HTS categories with its share
accounting for about 1 percent of world trade.\12\
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\12\ Top exporters of HTS 020649 in 2005 were the United States
(18 percent share), Germany (16 percent), Canada (13 percent), and
Denmark (11 percent). For HTS 160249, top exporters were China (25
percent), Denmark (14 percent), Germany (12 percent), and the United
States (8 percent).
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Expected Economic Impact
The expected impact of the proposed rule on the U.S. economy is
illustrated under two scenarios: 3 million pounds (1,361 metric tons)
and 4 million pounds (1,814 metric tons) of pork rind pellets imported
from Brazil.\13\ These scenarios reflect the initial plan of the U.S.
importer who requested the proposed rule.
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\13\ We used a nonspatial, partial equilibrium welfare model to
quantify the economic effects of the proposed rule. In addition to
the importer's plan to import 3 to 4 million pounds, the price and
quantity data explained in previous sections are used as inputs.
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Table 6 summarizes the estimated price effects and impacts for U.S.
producers and consumers under these two scenarios, using a nonspatial,
partial equilibrium welfare model. The changes are minor; the model
estimates that the net welfare benefit would be about $19,000 under the
first scenario (3 million pounds imported) and $30,000 under the second
scenario (4 million pounds imported). These welfare measures reflect a
reduction in domestic production that would be more than offset by an
increase in consumption. The changes in domestic production and
consumption would be less than 1 percent. It is, therefore, safely
assumed that the proposed regulation would not have a significant
economic impact on small entities in the pork rind industry. APHIS
welcomes information that the public may provide on the status of the
pork rind manufacturing industry and other related information that
could be used to further evaluate the impact of the proposed rule.
Table 6.--Estimated Impact on the U.S. Economy of Pork Offal Imports
From Brazil
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Pork rind pellets imported
from Brazil
-------------------------------
1,361 metric 1,814 metric
tons (3 tons (4
million million
pounds) pounds)
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Change in U.S. consumption, metric ton.. 680.8 840.8
Change in U.S. production, metric ton... -730.2 -973.2
Change in price of pork rind pellets, -$17.08 -$22.76
dollars per metric ton.................
Change in consumer welfare, thousand $1,577 $2,104
dollars................................
Change in annual net welfare, thousand $19 $30
dollars................................
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Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 94 as follows:
[[Page 37896]]
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
2. Section 94.4 is amended as follows:
a. In paragraph (b)(7), by removing the citation ``Sec. 94.4(b)(4)
or (b)(5)'' and adding the words ``paragraph (b)(4) or (b)(5) of this
section'' in its place.
b. By redesignating paragraphs (b)(8) and (b)(9) as paragraphs
(b)(9) and (b)(10), respectively, and adding a new paragraph (b)(8) to
read as set forth below.
c. In newly redesignated paragraph (b)(9)(ii), by removing the
citation ``(b)(8)(i)'' and adding the citation ``(b)(9)(i)'' in its
place.
Sec. 94.4 Cured or cooked meat from regions where rinderpest or
foot-and-mouth disease exists.
* * * * *
(b) * * *
(8) Pork rind pellets (pork skins). Pork rind pellets (pork skins)
must be cooked in one of the following ways:
(i) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(ii) Two-step process. The pork skins must be dry-cooked at 260
[deg]C for approximately 210 minutes after which they must be cooked in
hot oil (deep-fried) at 104 [deg]C for an additional 150 minutes.
* * * * *
3. Section 94.8 is amended as follows:
a. By redesignating paragraph (a)(4) as paragraph (a)(5), and by
adding a new paragraph (a)(4) to read as set forth below.
b. In paragraph (a)(3)(i), by removing the citation ``(a)(4)'' and
adding the words ``(a)(5) of this section'' in its place.
Sec. 94.8 Pork and pork product from regions where African swine
fever exists or is reasonably believed to exist.
* * * * *
(a)* * *
(4) The pork product is pork rind pellets (pork skins) that were
cooked in one of the following ways in an establishment that meets the
requirements in paragraph (a)(5) of this section:
(i) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(ii) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
4. Section 94.9 is amended as follows:
a. By adding a new paragraph (c)(1)(iv) to read as set forth below.
b. In paragraph (c)(2), by removing the citation ``(c)(1)(ii) or
(iii)'' and adding the citation ``(c)(1)(ii), (iii), or (iv)'' in its
place.
c. In paragraph (c)(3), by removing the citation ``(c)(1)(ii) or
(iii)'' both places it occurs and adding the words ``(c)(1)(ii), (iii),
or (iv) of this section'' in its place.
Sec. 94.9 Pork and pork products from regions where classical swine
fever exists.
* * * * *
(c)* * *
(1)* * *
(iv) Pork rind pellets (pork skins) originating in regions where
classical swine fever is known to exist may be imported into the United
States provided they have been cooked in one of the following ways:
(A) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(B) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
5. In Sec. 94.12, a new paragraph (b)(1)(vi) is added to read as
follows:
Sec. 94.12 Pork and pork products from regions where swine vesicular
disease exists.
* * * * *
(b) * * *
(1) * * *
(vi) Pork rind pellets (pork skins) must be cooked in one of the
following ways:
(A) One-step process. The pork skins must be cooked in oil for at
least 80 minutes when oil temperature is consistently maintained at a
minimum of 114 [deg]C.
(B) Two-step process. The pork skins must be dry-cooked at a
minimum of 260 [deg]C for approximately 210 minutes after which they
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for
an additional 150 minutes.
* * * * *
Done in Washington, DC, this 26th day of June 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-15014 Filed 7-1-08; 8:45 am]
BILLING CODE 3410-34-P