[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Rules and Regulations]
[Pages 71344-71346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29492]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2010-0031]
RIN 0583-AD
Uniform Compliance Date for Food Labeling Regulations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing
January 1, 2014, as the uniform compliance date for new meat and
poultry product labeling regulations that are issued between January 1,
2011, and December 31, 2012. FSIS periodically announces uniform
compliance dates for new meat and poultry product labeling regulations
to minimize the economic impact of label changes.
DATES: This rule is effective November 23, 2010. Comments on this final
rule must be received on or before December 23, 2010.
ADDRESSES: FSIS invites interested persons to submit comments on this
final rule. Comments may be submitted by either of the following
methods:
Federal eRulemaking Portal: This Web site provides the
ability to type short comments directly into the comment field on this
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the online instructions at that site for
submitting comments.
Mail, including floppy disks or CD-ROMs, and hand- or
courier-delivered items: Send to Docket Clerk, USDA, FSIS, Room 2-2127,
George Washington Carver Center, 5601 Sunnyside Avenue, Mailstop 5272,
Beltsville, MD 20705.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2010-0031. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
Docket: For access to background documents or comments received, go
to the FSIS Docket Room at the address listed above between 8 a.m. and
4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Food Safety
and Inspection Service, USDA, Room 2-2125, George Washington Carver
Center, Beltsville, MD 20705 (telephone: 301-504-0879; fax: 301-504-
0872).
SUPPLEMENTARY INFORMATION:
Background
FSIS periodically issues regulations that require changes in the
labeling of meat and poultry food products. Many meat and poultry
establishments also produce non-meat and non-poultry food products
subject to the jurisdiction of the Food and Drug Administration (FDA),
and FDA periodically issues regulations that require changes in the
labeling of such products.
On December 14, 2004, FSIS issued a final rule that provided that
the Agency will set uniform compliance dates for new meat and poultry
product labeling regulations in 2-year increments and will periodically
issue final rules announcing those dates. The final rule also
established January 1, 2008, as the uniform compliance date for meat
and poultry product labeling regulations that were issued between
January 1, 2005, and December 31, 2006 (69 FR 74405). Consistent with
the 2004 final rule, FSIS subsequently issued final rules on March 5,
2007, and December 18, 2008, that established uniform compliance dates
of January 1, 2010, and January 1, 2012, for meat and poultry product
labeling regulations issued between January 1, 2007, and December 31,
2008, and January 1, 2009, and December 31, 2010, respectively (72 FR
9651) (73 FR 75564).
The Final Rule
This final rule establishes January 1, 2014, as the uniform
compliance date for new meat and poultry product labeling regulations
that are issued between January 1, 2011, and December 31, 2012, and is
consistent with the previous final rules establishing uniform
compliance dates.
FSIS's approach for establishing uniform compliance dates for new
food labeling regulations is consistent with FDA's approach in this
regard. FDA is also establishing January 1, 2014, as the uniform
compliance date for new food labeling regulations that are issued
between January 1, 2011, and December 31, 2012.
A uniform compliance date of January 1, 2014, for all food product
labeling regulations issued between January 1, 2011, and December 31,
2012, will ensure that changes take effect on a timely basis and will
minimize the economic impact of those changes on the industry because
companies will not have to respond separately to each labeling change
as it occurs (69 FR 74406). This policy also serves consumers'
interests because the cost of the multiple short-term label revisions
that would otherwise occur would
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likely be passed on to consumers in the form of higher prices.
It will remain FSIS's policy, however, to encourage industry to
comply with new labeling regulations as quickly as feasible. Thus, when
industry members voluntarily change their labels, they should consider
incorporating any new requirements that have been published as final
regulations up to that time.
The new uniform compliance date will apply only to final FSIS
regulations that require changes in the labeling of meat and poultry
products and that are published after January 1, 2011, and before
December 31, 2012. In each of these regulations, FSIS will specifically
identify January 1, 2014, as the compliance date. All meat and poultry
food products that are subject to labeling regulations promulgated
between January 1, 2011, and December 31, 2012, will be required to
comply with these regulations when introduced into commerce on or after
January 1, 2014. If any food labeling regulation involves special
circumstances that justify a compliance date other than January 1,
2014, the Agency will determine for that regulation an appropriate
compliance date, which will be specified when the final regulation is
published.
The Agency received only four comments in response to the May 4,
2004, proposed rule that solicited comments on the concept of
establishing uniform compliance dates for labeling requirements (69 FR
74406), all of which were fully supportive of the policy to set uniform
compliance dates. Therefore, in the March 5, 2007, final rule, FSIS
determined that further rulemaking for the establishment of uniform
compliance dates for labeling requirements is unnecessary (72 FR 9651).
In response to the December 12, 2008, final rule, which established
January 1, 2012, as the uniform compliance date for meat and poultry
labeling regulations issued between January 1, 2009, and December 31,
2010 (73 FR 75564), FSIS received only one comment. This comment
concerned the listing of all ingredients and preservatives in food and
was outside the scope of the final rule. Therefore, consistent with its
statement in 2007, FSIS finds at this time that further rulemaking on
this matter is unnecessary. However, FSIS is providing an opportunity
for comment on whether the uniform compliance date established in this
final rule should be modified or revoked.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this final rule: (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) no retroactive proceedings will be required before parties may file
suit in court challenging this rule.
Executive Order 12866
FSIS has examined the impacts of the final rule under Executive
Order 12866, which directs agencies to assess costs and benefits of
available regulatory alternatives and, when regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). This action has been
determined to be not significant and, therefore, has not been reviewed
by the Office of Management and Budget.
Establishing a uniform compliance date for all future Federal food
product labeling regulations affecting the meat and poultry industry
that are issued by FSIS over a 2-year period will eliminate potentially
burdensome requirements otherwise faced by the industry.
The regulation also greatly limits the possibility of potentially
conflicting compliance dates for labeling requirements developed for
meat and poultry products and labeling requirements developed for non-
meat and non-poultry products. It thus provides for an orderly industry
adjustment to any new labeling requirements. Labeling changes in
response to Federal regulations will likely be less frequent, and
establishments will be able to plan for full utilization of their
labeling stocks.
Need for the Rule
Establishing uniform compliance dates for food labeling regulations
issued within specified time periods minimizes the economic impact of
label changes for industry and may indirectly benefit consumers if cost
savings are passed on in the form of lower prices.
Regulatory Flexibility Analysis
This rule does not have a significant economic impact on a
substantial number of small entities. Consequently, an initial
regulatory flexibility analysis is not required (5 U.S.C. 601-612). The
uniform compliance date does not impose any burden on small entities.
The Agency will conduct regulatory flexibility analyses of future
labeling regulations if such analyses are required.
Paperwork Requirements
There are no paperwork or recordkeeping requirements associated
with this policy under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520).
E-Government Act Compliance
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting use of the Internet and other information technologies and
providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 13175
This final rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. The review reveals that this regulation
will not have substantial and direct effects on Tribal governments and
will not have significant Tribal implications.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's Target Center at
202-720-2600 (voice and TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue,
SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that
minorities, women, and persons with disabilities are aware of this
final rule, FSIS will announce it on-line through the FSIS Web page
located at http://www.fsis.usda.gov/regulations_&_policies/2010_Interim_&_Final_Rules_Index/index.asp.
FSIS also will make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures,
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regulations, Federal Register notices, FSIS public meetings, and other
types of information that could affect or would be of interest to
constituents and stakeholders. The Update is communicated via Listserv,
a free electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is available on the FSIS Web
page. Through the Listserv and the Web page, FSIS is able to provide
information to a much broader and more diverse audience.
In addition, FSIS offers an e-mail subscription service that
provides automatic and customized access to selected food safety news
and information. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/.
Options range from recalls to export information to regulations,
directives, and notices. Customers can add or delete subscriptions
themselves and have the option to password protect their accounts.
Done at Washington, DC, on November 16, 2010.
Alfred V. Almanza,
Administrator.
[FR Doc. 2010-29492 Filed 11-22-10; 8:45 am]
BILLING CODE 3410-DM-P