[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Rules and Regulations]
[Page 17881-17885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-1]
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Rules and Regulations
Federal Register
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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
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[[Page 17881]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2006-0186]
RIN 0579-AC24
Importation of Uncooked Pork and Pork Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations for importing animal products
to allow the importation of uncooked pork and pork products from
regions where classical swine fever (CSF) is considered to exist if the
uncooked pork and pork products originate in a region free of CSF and
meet certain other conditions with respect to processing and shipping.
This action removes some restrictions on the importation of uncooked
pork and pork products while continuing to protect against an incursion
of CSF into the United States.
DATES: Effective Date: May 2, 2008.
FOR FURTHER INFORMATION CONTACT: Dr. Masoud A. Malik, Senior Staff
Veterinarian, Technical Trade Services, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;
(301) 734-3277.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 prohibit or restrict the
importation of certain animals and animal and poultry products into the
United States to prevent the introduction of dangerous and destructive
diseases of livestock and poultry. Section 94.9 contains requirements
that apply to the importation of pork and pork products from regions
where classical swine fever (CSF) exists.
On January 5, 2007, we published in the Federal Register (72 FR
471-475, Docket No. APHIS-2006-0186) a proposal \1\ to allow the
importation of uncooked pork and pork products from regions where CSF
is considered to exist if the uncooked pork and pork products originate
in a region free of CSF and meet certain other conditions with respect
to processing and shipping.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0186.
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We solicited comments concerning our proposal for 60 days ending
March 6, 2007. We received 11 comments by that date, from private
citizens, a State animal industry board, a State animal health
commission, an animal welfare advocacy group, a pork industry
association, a veterinary medical association, and representatives of
the Mexican Government.
Several commenters expressed concern that the proposed rule would
increase the risk of a CSF introduction into the United States. Some of
these commenters were also concerned about the economic impact of the
proposed rule on the pork industry in the United States, especially as
a result of a loss of consumer confidence in U.S.-origin pork both with
domestic consumers and foreign trading partners in the event of a CSF
introduction to the United States.
While we agree that an animal disease outbreak could have negative
impacts on markets for U.S. meat, we are confident that, for the
reasons explained in the proposed rule, the protections afforded by the
safeguards contained in this final rule will reduce to an acceptable
level the risks associated with any importation of pork or pork
products that originate in regions designated as free of CSF but that
have been processed in regions that are not designated as free of CSF.
One commenter expressed concern that the Animal and Plant Health
Inspection Service (APHIS) and the Food Safety and Inspection Service
(FSIS) will not be able to monitor foreign processing establishments
effectively and take appropriate remedial action in a timely manner.
We disagree. Both APHIS and FSIS have strong inspection and
enforcement processes in place to ensure that foreign processing
establishments meet the requirements of the Federal Meat Inspection Act
and the regulations issued thereunder, as well as APHIS regulations.
One commenter stated that APHIS's conclusion that the proposed rule
would have a minimal economic impact on the U.S. pork industry is
premature.
We have prepared a revised economic analysis with the most recent
available economic data. Our analysis shows that even in the case of
pork imports from Mexico increasing by twice the amount imported in
2006, the effect on cash receipts of U.S. pork producers would be less
than one-tenth of 1 percent.
One commenter expressed concern that under the rule, retail stores
could obtain processing inspection status in the United States and
allow fresh meat from CSF regions to go directly from foreign plants to
U.S. stores.
Retailers would not be able to import fresh pork directly to their
stores. In addition to the requirements APHIS imposes on imported meat
and meat products, all meat imported into the United States for
commercial purposes must be inspected by FSIS to ensure it meets the
requirements of the Federal Meat Inspection Act and FSIS regulations.
Imported meat must be moved from the port of arrival to the nearest
defrost facility or an inspection house supervised by FSIS for review,
inspection, and, if necessary, laboratory testing before the meat is
distributed to the market or retail stores.
One commenter was concerned that shipping swine to foreign
establishments for slaughter would result in inhumane treatment of the
swine.
Under this final rule, only pork or pork products--not live swine--
originating in CSF-free regions may be processed in regions that are
not CSF-free and then imported into the United States. As we explained
in the proposed rule, we would not allow processing establishments that
process pork or pork products for export to the United States to
receive live swine, because CSF spreads quickly in environments where
swine are held or slaughtered.
Some commenters asked why no risk analysis was performed for this
rulemaking. These commenters stated that a risk analysis addressing
issues of contamination at plants in CSF regions,
[[Page 17882]]
review of biosecurity practices at plants, review of plants' compliance
history, and need for sampling of products should be prepared.
This rule includes requirements to ensure that pork and pork
products from CSF-free regions are shipped to the processing facility
in a manner that will prevent contamination. Records documenting
shipment under seal must be kept at the facility for 2 years. The rule
also contains measures to ensure contamination does not occur at the
facility. These include a prohibition on the facility receiving or
handling any pork or pork products from regions which are not free of
CSF, a requirement that the processing be supervised by a full-time
salaried meat inspection official of the national government of the
region in which the facility is located, and provisions for APHIS
monitoring. In addition, the facility must be approved by FSIS. We note
that under the provisions of Sec. 94.6, poultry carcasses and parts
and products of poultry carcasses from regions free of exotic Newcastle
disease (END) may be processed in regions where END exists under
conditions similar to those we proposed for pork and pork products.
Those measures have proven successful in mitigating the risk of
introducing END into the United States through poultry carcasses or
parts and products of poultry carcasses. Under these circumstances, we
decided that a risk analysis was not necessary.
One commenter asked if the references to ``regions'' are consistent
with the definition in the Terrestrial Animal Health Code, and if the
United States Department of Agriculture has defined the science-based
criteria to evaluate whether or not a region should be considered to be
free of CSF.
The term ``region'' is defined in Sec. 94.1 as ``Any defined
geographical land area identifiable by geological, political, or
surveyed boundaries. A region may consist of any of the following: (1)
A national entity (country); (2) Part of a national entity (zone,
county, department, municipality, parish, Province, State, etc.); (3)
Parts of several national entities combined into an area; or (4) A
group of national entities (countries) combined into a single area.''
We believe this definition to be consistent with World Organization for
Animal Health definitions.
APHIS evaluates foreign regions for disease-free status in
accordance with the criteria set forth in our regulations in 9 CFR part
92. Additional information on determining animal disease status and
risk assessment can be found online at the Veterinary Services
Regionalization Evaluation Services Staff Web site, http://
www.aphis.usda.gov/vs/ncie/reg-request.html. The informational document
``Process for Foreign Animal Disease Status Evaluations,
Regionalization, Risk Analysis, and Rulemaking,'' which describes the
process APHIS follows when conducting foreign animal disease status
evaluation, regionalization, risk analysis, and related rulemaking, is
available to the public through that Web site by clicking on the
document title at the bottom of the page.
This final rule does not make any changes to the definition of a
region, nor does it add or remove any regions from the list of regions
recognized as CSF-free.
We have made a minor, nonsubstantive change in Sec. 94.9 in this
final rule by adding the word ``representative'' after the second
``APHIS'' in the second sentence of paragraph (e)(4). This word was
inadvertently left out in the proposed rule.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
The U.S. swine industry plays an important role in the U.S.
economy. Cash receipts from marketing meat animals were about $15
billion in 2005 (2001-2005 average, $12.4 billion). Sales totaled 27.2
billion pounds in 2005.\2\ Table 1 presents a time series of
production, consumption, and export and import data. As the table
shows, U.S. pork production increased from 7,764,000 metric tons in
1996 to 9,392,000 metric tons in 2005, an annual growth rate of about
2.1 percent. Similarly, consumption increased from 7,619,000 metric
tons to 8,671,000 metric tons. During the same period, U.S. exports
increased from 440,000 metric tons to 1,207,000 metric tons, by far
outpacing imports. Net exports increased from 159,000 metric tons to
743,000 metric tons.
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\2\ NASS/USDA, Meat Animals Production, Disposition, and Income:
2005 Summary, April 2006.
Table 1.--U.S. Pork Production, Consumption, Price, Exports and Imports, 1996-2005
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Production in Consumption in Exports in Imports in Net exports in
Year 1,000 metric 1,000 metric Price per 1,000 metric 1,000 metric 1,000 metric
tons tons metric ton tons tons tons
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1996.................................................... 7,764 7,619 $1,596 440 281 159
1997.................................................... 7,835 7,631 1,562 473 288 185
1998.................................................... 8,623 8,305 1,170 558 320 238
1999.................................................... 8,758 8,594 1,178 582 375 207
2000.................................................... 8,596 8,455 1,413 584 438 146
2001.................................................... 8,691 8,389 1,473 707 431 276
2002.................................................... 8,929 8,685 1,179 731 486 245
2003.................................................... 9,056 8,816 1,298 779 538 241
2004.................................................... 9,312 8,817 1,621 989 499 490
2005.................................................... 9,392 8,671 1,562 1,207 464 743
5-year average (2001-2005).............................. 9,076 8,676 1,427 883 484 399
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Sources: USDA/FAS, PS&D Online, 1996-2005, www.fas.usda.gov/psdonline/psdquery.aspx; prices, reported as $/100 pounds for yearly pork carcass cut-out
values, are converted to dollars per metric ton, and are taken from Red Meat Yearbook (94006), http://usda.manlib.cornell.edu/usda/94006/
wholesaleprices.xls; net exports are calculated as the difference between exports and imports for each year.
[[Page 17883]]
The United States exported a total of about 907,000 metric tons of
fresh or frozen pork valued at $2.2 billion in 2006. Although exports
are widely distributed, a few regions represent major markets. The
major destinations include Japan (45.3 percent), Mexico (11.2 percent),
Canada (12.2 percent), South Korea (13.1 percent), Russia (4 percent),
Australia (3.4 percent), China (1.9 percent), and Taiwan (0.8 percent).
These regions accounted for nearly 92 percent of U.S. fresh or frozen
pork exports in 2006. The most recent data (January-February 2007) show
a similar pattern.\3\
Under our current regulations, all U.S. fresh and frozen pork
imports are from regions that are free from CSF. As shown in table 2,
the United States imported about 342,000 metric tons of fresh or frozen
pork valued at $863 million in 2006. Most of the imports were from
Canada (84.3 percent) and Denmark (10.3 percent). Other regions that
supplied pork include the Netherlands (0.7 percent), Ireland (0.5
percent), the United Kingdom (0.4 percent), Finland (0.4 percent), and
Mexico (0.4 percent), with a total of less than 0.7 percent of imports
coming from six other countries. In January and February of 2007, a
similar import pattern was observed, with imports of about 52,600
metric tons of fresh or frozen pork valued at about $131 million for
this 2-month period.
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\3\ The World Trade Atlas: Global Trade Information Services,
Inc., U.S. edition, February 2007.
Table 2.--U.S. Global Imports of Fresh or Frozen Pork, 2003-2007
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2003 2004 2005 2006 2007 (Jan-Feb)
------------------------------------------------------------------------ Metric Metric
Source Metric Metric Metric $Million tons $Million tons
$Million tons $Million tons $Million tons
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Canada.......................... $644.806 349422.6 $760.886 320339.3 $745.496 315136.5 $681.313 288624.2 $103.11 46102.2
Denmark......................... 156.324 45735.7 182.794 46697.8 154.933 34477.9 141.731 35208.8 22.65 5248.1
Ireland......................... 9.998 2905.7 128.38 2889.4 12.192 2590.5 8.657 1750.9 1.627 335.2
Finland......................... 2115 822.4 6.792 2186.3 4.797 1356.5 5.235 1292.7 0.513 95.3
Netherlands..................... 0 0 8.511 1923.3 9.373 2249.8 10.508 2490.2 0 0
United Kingdom.................. 4.281 1488.7 4.184 1020.6 10.787 2186.3 7.305 1410.7 1.608 323.9
Mexico\1\....................... 0.949 391.9 2.498 725.8 4.212 1038.7 5.102 1496.6 1.201 306.6
Sweden.......................... 0.098 40.8 2.95 730.3 2.4 557.9 1.807 386 0.068 23.6
Germany\1\...................... 9.353 137.4 0 0 0.319 117.9 0.381 91.2 0 0
Australia....................... 0.038 12.3 0.05 9.1 0.056 24 0 0 0 0
New Zealand..................... 0.037 14.5 0 0 0 0 0 0 0 0
Chile........................... 0 0 0 0 0 0 0.723 320.2 0.468 126.1
Iceland......................... 0 0 0 0 0 0 0.161 24 0 0
Belgium\1\...................... 0 0 0 0 0 0 0.058 23.1 0 0
China........................... 0 0 0 0 0 0 0.042 18.1 0 0
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World total..................... 819 400972.1 928.504 373514.5 944.565 359738.7 863.024 342257.1 131.46 52562.8
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\1\ Mexico contains regions where CSF exists, but also contains regions recognized as CSF-free. Belgium and Germany are part of the APHIS-defined CSF
region, a single region of low risk for CSF. Pork, pork products, and swine from this region may be imported into the United States in accordance with
the provisions of Sec. 94.24.
Overall Impacts of Potential Pork Imports From Mexico
As indicated above, the rule will allow uncooked pork and pork
products that originate in the United States to be shipped for
processing to Mexico, which contains areas where CSF is considered to
exist, and then be returned to the United States. As the Mexican
Government and U.S. pork producers have requested this rule, this trade
may increase under the rule, but we are unable to predict the size of
the increase. Pork imports from Mexico accounted for only 0.6 percent
in terms of value and only 0.4 percent in terms of volume in 2006.
We estimate here the impact of pork imports from Mexico on U.S.
production, consumption, and prices using a net trade welfare model.
The data used are obtained from the Foreign Agricultural Service (FAS)
Production, Supply and Distribution (PS&D) database;\4\ the USDA
Economic Research Service (ERS) Red Meat Yearbook (94006);\5\ the
Global Trade Atlas;\6\ and United Nations/Food and Agriculture
Organization FAOSTAT data.\7\ The baseline data used are as shown in
the last row of table 1. The demand and supply elasticities used are -
0.086 and 1, respectively.\8\
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\4\ http://www.fas.usda.gov/psdonline/psdquery.aspx.
\5\ http://usda.mannlib.cornell.edu/usda/ers/94006/
wholesaleprices.xls.
\6\ Global Trade Information Services, Inc., country edition,
March 2007.
\7\ http://faostat.fao.org.
\8\ John Sullivan, John Wainio, and Vernon Roningen, A Database
for Trade Liberalization Studies, AGES89-12, March 1989.
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We model three potential levels of pork imports from Mexico:
Average imports from Mexico between 2003 and 2006; imports in 2006; and
twice the imports in 2006. Amounts of pork shipped to the United States
under the three scenarios are 906.45 metric tons, 1,470 metric tons,
and 2,940 metric tons. Table 3 presents the changes resulting from the
assumed U.S. pork imports from Mexico. These include annual changes in
U.S. consumption, production, wholesale price, consumer welfare,
producer welfare, and net welfare.
Our medium level of assumed pork imports of 1.470 metric tons (2006
[[Page 17884]]
actual imports) results in a decline of $0.13 per metric ton in the
wholesale price of pork and a fall in U.S. production of about 770
metric tons. Consumption increases by about 700 metric tons. Producer
welfare declines by about $1.10 million and consumer welfare increases
by about $1.16 million, yielding an annual net benefit of about
$65,000.
Table 3.--Estimated Impact for the U.S. Economy of Pork Imports From Mexico Under Three Scenarios
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Average imports Twice the 2006
(2003-2006) 2006 imports imports
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Assumed pork imports, metric tons...................... 906.45 1470 2940
Change in U.S. consumption, metric tons................ 432.04 700.45 1401.3
Change in U.S. production, metric tons................. -474.41 -769.35 -1538.7
Change in wholesale price of pork, dollars per metric -$0.08 -$0.13 -$0.27
ton...................................................
Change in consumer welfare............................. $716,910 $1,162,630 $2,325,360
Change in producer welfare............................. -$676,960 -$1,097,810 -$2,195,520
Annual net welfare gain................................ $39,950 $64,820 $129,840
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Note: The baseline data used are 5-year annual averages for production, consumption, price, exports, and imports
(2001-2005), as reported in the last row of table 1. The demand and supply elasticities used are -0.086 and 1,
respectively.
The first column presents impacts assuming imports from Mexico
equivalent to the 2003-2006 average. In this case, the price decreases
by $0.08 per metric ton, production declines by about 474 metric tons,
and consumption increases by about 432 metric tons. Consumer welfare
increases by about $717,000, and producer welfare declines by $677,000.
The annual net benefit is about $40,000.
Finally, the last column presents a case of expanded trade, with
pork imports by the United States assumed to equal twice the 2006
imports from Mexico. The wholesale price of pork declines by $0.27 per
metric ton, production declines by about 1,540 metric tons, and
consumption increases by about 1,400 metric tons. Consumer welfare
increases by about $2.3 million, while production welfare declines by
about $2.2 million. The annual net benefit is about $130,000.
In all cases, consumer welfare gains outweigh production welfare
losses. The decline in producer welfare, even in the last scenario,
represents less than one-tenth of 1 percent of cash receipts received
from the sale of domestic hogs and pork products.\9\ Thus, our analysis
indicates that U.S. entities are unlikely to be significantly affected
by this rule.
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\9\ $9.7 million divided by $12.4 billion equals 0.08 percent.
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Expected Impacts of the Rule for Small Entities
The Regulatory Flexibility Act requires that agencies consider the
economic impacts of their rules on small entities. We expect the impact
of this rule for businesses large and small to be insignificant, but
note here that the main industries that could be affected--meat
processing (NAICS 311612) and meat and meat product merchant
wholesalers (NAICS 424470)--are primarily composed of small entities.
Under Small Business Administration (SBA) standards, meat processing
establishments with no more than 500 employees, and meat and meat
products wholesalers with no more than 100 employees are considered
small. In 2002, there were 1,335 companies in the United States that
processed and sold meat. More than 97 percent of these establishments
are considered to be small entities and had average sales of $15.4
million, while large meat processors had average sales of $188 million.
In 2002, there were 2,535 meat and meat product wholesalers in the
United States. Of these establishments, 2,456 (97 percent) employed not
more than 100 employees and are thus considered small by SBA standards.
Small wholesalers had average sales of $9.3 million, while large
entities had average sales of $131 million.\10\ Additionally, entities
that produce hogs and pigs (NAICS 11210) could be affected.\11\ There
were 82,028 farms with sales of hogs, about 94 percent of which are
considered to be small. The impact of the rule is expected to be small
for all entities, regardless of their size.
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\10\ U.S. Census Bureau, 2002 Economic Census: Manufacturing--
Industries Series and Wholesale Trade-Subject, August 2006.
\11\ SBA, Small Business Size Standards matched to North
American Industry Classification System. Effective July 31, 2006.
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Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0333.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
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.
0
Accordingly, we are amending 9 CFR part 94 as follows:
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
0
1. The authority citation for part 94 continues to read as follows:
[[Page 17885]]
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.
Sec. 94.12, 94.16, 94.17, 94.18 [Amended]
0
2. Sections 94.12, 94.16, 94.17, and 94.18 are amended by redesignating
footnotes 12 through 18 as footnotes 13 through 19, respectively.
0
3. In Sec. 94.9, a new paragraph (e) and a new footnote 12 are added
and the OMB citation at the end of the section is revised to read as
follows:
Sec. 94.9 Pork and pork products from regions where classical swine
fever exists.
* * * * *
(e) Uncooked pork or pork products that originated in a region
considered to be free of classical swine fever (CSF) and are processed
in a region where CSF exists may be imported into the United States
under the following conditions:
(1) Shipment to approved establishments. (i) The uncooked pork or
pork products must be shipped from the CSF-free region of origin in
closed containers sealed with serially numbered seals applied by an
official of the national government of that region. They must be
accompanied by a certificate that is signed by an official of that
region's national government and that specifies the product's region of
origin, the name and number of the establishment of origin, and the
processing establishment to which the uncooked pork or pork products
are consigned, and the numbers of the seals applied to the shipping
containers.
(ii) The uncooked pork or pork products may be removed from
containers at the processing establishment in the region where CSF is
considered to exist only after an official of that region's national
government has determined that the seals are intact and free of any
evidence of tampering.
(2) Handling of uncooked pork and pork products. Establishments
\12\ in regions where CSF is considered to exist that process uncooked
pork or pork products for export to the United States:
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\12\ See footnote 9 in Sec. 94.8.
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(i) May not receive or handle any live swine;
(ii) May not receive, handle, or process uncooked pork or pork
products that originate in regions affected with CSF;
(iii) Must keep the certificate required by paragraph (e)(1)(i) of
this section on file at the facility for a period of at least 2 years
after export of processed products to the United States, and must make
those records available to USDA inspectors during inspections; and
(iv) Must be evaluated and approved by APHIS through a site
inspection.
(3) Compliance agreement. The operators of the processing
establishment must sign a compliance agreement with APHIS, stating
that:
(i) All meat processed for importation to the United States will be
processed in accordance with the requirements of this part; and
(ii) A full-time, salaried meat inspection official of the national
government of the region in which the processing facility is located
will supervise the processing and examination of the product, and
certify that it has been processed in accordance with this section; and
(iii) APHIS personnel or other persons authorized by the
Administrator may enter the establishment, unannounced, to inspect the
establishment and its records.
(4) Cooperative service agreement. The processing establishment, or
a party on its behalf, must enter into a cooperative service agreement
with APHIS to pay all expenses incurred by APHIS for the initial
evaluation of the processing establishment and periodically thereafter,
including travel, salary, subsistence, administrative overhead, and
other incidental expenses, including excess baggage up to 150 pounds.
In accordance with the terms of the cooperative service agreement,
before the APHIS representative's site inspection, the operator of the
processing establishment or the party acting on their behalf must
deposit with the Administrator an amount equal to the approximate cost
of one inspection by an APHIS representative, including travel, salary,
subsistence, administrative overhead, and other incidental expenses,
including excess baggage up to 150 pounds. As funds from that amount
are obligated, a bill for costs incurred based on official accounting
records will be issued to restore the deposit to the original level,
revised as necessary to allow for inflation or other changes in
estimated costs. To be current, bills must be paid within 14 days of
receipt.
(5) Shipment to the United States. Uncooked pork or pork products
to be imported into the United States must be shipped from the region
where they were processed in closed containers sealed with serially
numbered seals applied by an official of the national government of
that region. The shipments must be accompanied by a certificate signed
by an official of the national government of the region where the pork
or pork products were processed that lists the numbers of the seals
applied and states that all of the conditions of this paragraph (e)
have been met. The certificate shall also state that the container
seals specified in paragraph (e)(1)(i) and (ii) of this section were
found by an official of the region's national government to be intact
and free of any evidence of tampering on arrival at the processing
establishment in the CSF-affected region. A copy of this certificate
must be kept on file at the processing establishment for at least 2
years.
(Approved by the Office of Management and Budget under control
numbers 0579-0015 and 0579-0333)
Sec. 94.17 [Amended]
0
4. In Sec. 94.17, newly redesignated footnote 17 is amended by
removing the words ``footnote 15'' and adding the words ``footnote 16''
in their place and by removing the words ``Sec. 94.17(e) of this
part'' and adding the words ``paragraph (e) of this section'' in their
place.
Done in Washington, DC, this 27th day of March 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-6800 Filed 4-1-08; 8:45 am]
BILLING CODE 3410-34-P