[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Proposed Rules]
[Pages 18055-18059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9573]


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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. 62, No. 71 / Monday, April 14, 1997 / 
Proposed Rules

[[Page 18055]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-066-1]


Importation of Sliced and Pre-Packaged Dry-Cured Pork Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow dry-cured pork products that have 
been sliced and packaged prior to shipment to the United States to be 
imported into the United States under specified conditions. This action 
would relieve some restrictions on the importation of pork into the 
United States without presenting a significant risk of introducing any 
serious communicable diseases of animals.

DATES: Consideration will be given only to comments received on or 
before June 13, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-066-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 4C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Comments received may be inspected at USDA, room 1141, South Building, 
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing 
to inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Julia Sturm, Supervisory Staff 
Officer, Products Program, National Center for Import and Export, VS, 
APHIS, Suite 3B66, 4700 River Road Unit 40, Riverdale, MD 20737-1231, 
(301) 734-3277; or E-mail: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="85eff6f1f0f7e8c5abe4f5edecf6abf0f6e1e4abe2eaf3">[email protected]</a>.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products to prevent the introduction of various 
animal diseases, including rinderpest, foot-and-mouth disease, bovine 
spongiform encephalopathy, hog cholera, African swine fever, and swine 
vesicular disease, into the United States. These are dangerous and 
destructive communicable diseases of ruminants and swine.
    Under the regulations, certain animal products--whole hams, pork 
shoulders, and pork loins--from countries where foot-and-mouth disease, 
rinderpest, African swine fever, hog cholera, or swine vesicular 
disease exists may be imported into the United States only under 
certain conditions. To be eligible for importation, these products must 
have been dry-cured and otherwise handled in accordance with procedures 
specified in Sec. 94.17 of the regulations. However, under our current 
regulations, these same products are not eligible for importation if 
they have been sliced and packaged prior to shipment. We have 
prohibited importation of sliced and packaged dry-cured hams, pork 
shoulders, and pork loins because it is difficult to verify the origin 
of the meat and how it has been processed. Without this information, we 
cannot easily determine whether the meat has been treated and otherwise 
handled in a manner that ensures it is free of disease agents.
    The Italian Ministry of Health has petitioned us to allow presliced 
and prepackaged dry-cured pork to be imported into the United States 
from countries where foot-and-mouth disease, rinderpest, swine 
vesicular disease, African swine fever, and hog cholera exist, if the 
meat would, except for its having been sliced and packaged, meet all 
current requirements for importation. The Italian Ministry proposed 
various inspection, recordkeeping, and labeling requirements that would 
allow verification of the meat's origin, treatment, and handling.
    We have carefully considered this petition, and concluded that 
presliced and prepackaged dry-cured pork can be imported into the 
United States without undue risk, under conditions explained in this 
document. We are therefore proposing to amend our regulations to allow 
such importations.
    Under our proposed rule, to be eligible for importation, presliced 
and prepackaged dry-cured ham, pork shoulder, and pork loin must come 
from whole dry-cured hams, pork shoulders, and pork loins that meet the 
requirements of current Sec. 94.17. After the whole hams, pork 
shoulders, and pork loins have been dry-cured in accordance with 
Sec. 94.17(i), they must be transferred to an approved slicing/
packaging facility. The slicing/packaging facility must be located 
within the same region of the same country as the establishment where 
the whole hams, pork shoulders, and pork loins were dry-cured (see 
proposed Sec. 94.17(p)). In the future, under the regulations in 9 CFR 
part 94, some countries may be divided into different regions, based on 
whether an animal disease is present in a region and the level of 
disease risk presented by animals and products exported from that 
region. If a country is divided into two or more regions for disease 
risk classification with respect to foot-and-mouth disease, rinderpest, 
African swine fever, hog cholera, or swine vesicular disease, having 
the dry-curing establishment and the slicing/packaging facility in the 
same region of the same country would ensure that meat in transit from 
the processing facility to the slicing/packaging facility would not be 
exposed and possibly contaminated with disease agents of concern.
    The slicing/packaging facility must, under our proposed rule, be 
approved by the Animal and Plant Health Inspection Service (APHIS) of 
the U.S. Department of Agriculture (see proposed Sec. 94.17(p)(1)(i)). 
<SUP>1 APHIS inspections are designed to ensure that meat and meat 
products imported into the United States present negligible pest or 
disease risk to livestock in this country.
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     <SUP>1 In addition, pork and pork products, as a condition of 
entry into the United States, must meet all requirements of the 
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and regulations 
promulgated thereunder by the Food Safety Inspection Service (FSIS) 
of the U.S. Department of Agriculture. FSIS regulations require that 
meat and meat products be prepared only in FSIS-approved 
establishments (see 7 CFR part 327).
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    Under our proposed rule, the operators of slicing/packaging 
facilities would be required to sign cooperative service agreements 
with APHIS, and be current in paying all costs for an APHIS 
representative to inspect their

[[Page 18056]]

establishments (see proposed Secs. 94.17(p)(1)(vi) and 
94.17(p)(1)(vii)). Slicing/packaging facilities would also be required 
to allow APHIS personnel, or persons authorized by APHIS, to inspect 
the facility and facility records without notice (see proposed 
Sec. 94.17(p)(1)(viii)). These proposed requirements are virtually 
identical to the requirements in our regulations that now apply to 
facilities that process whole hams, pork shoulders, and pork loins. The 
proposed cooperative service agreement requirements are designed to 
ensure that slicing/packaging facilities are not only in compliance 
with the regulations, but that the costs of compliance are born by the 
facilities or their representatives, not by APHIS.
    At slicing/packaging facilities, a full-time salaried veterinarian 
employed by the national veterinary service of the government of the 
country of origin, would be required, under our proposed rule, to 
inspect each lot of dry-cured hams, pork shoulders, and pork loins 
arriving at the facility and intended for export to the United States 
(see proposed Sec. 94.17(p)(2)(i). The veterinarian would have to 
inspect the pork products prior to slicing and packaging, and would 
have to certify, in writing, that the products meet all the 
requirements of Sec. 94.17 of the regulations. Such certification would 
be part of the records maintained by the slicing/packaging facility.
    Under our proposed rule, we would also require the entire slicing 
and packaging process to be personally and continuously supervised by 
either a full-time veterinarian employed by the national government of 
the country of origin, or, if the government of the country of origin 
recognizes a local consortium as responsible for product quality, by an 
authorized representative of the recognized consortium (see proposed 
Sec. 94.17(p)(2)(ii)). In most countries where dry-cured pork products 
are produced in accordance with Sec. 94.17, local consortia are 
responsible for ensuring product quality.
    The individual supervising the slicing and packaging process would 
be required to certify, in records maintained by the slicing/packaging 
facility, that the sliced and packaged dry-cured hams, pork shoulders, 
and pork loins are the products from the same whole hams, shoulders, 
and loins inspected by the veterinarian at the time they entered the 
facility (see proposed Sec. 94.17(p)(2)(ii)). The individual 
supervising slicing and packaging would also be required to certify, in 
records maintained by the slicing/packaging facility, that the meat was 
sliced and packaged in accordance with our regulations. Under our 
proposed regulations, any document or form of certification would be 
acceptable as long as it is in English. These certifications are 
necessary to help ensure that sliced and packaged dry-cured pork 
products shipped to the United States are eligible for importation.
    We are also proposing to prohibit pork products intended for 
importation into the United States from being in the slicing/packaging 
facility at the same time as pork products not intended for importation 
into the United States (see proposed Sec. 94.17(p)(1)(x)). Local 
consumers and other importing countries may not require these types of 
pork products to be dry-cured for as long as products destined for the 
United States. After meat has been sliced and packaged, it is no longer 
possible to determine how long it was dry-cured. Our requirements are 
therefore intended to prevent products intended for importation into 
the United States from being commingled with other products. Under our 
proposal, however, slicing/packaging facilities could handle other 
products at times when they were not handling pork products intended 
for importation into the United States.
    We are proposing to require that slicing/packaging facilities be in 
a separate building, physically detached from facilities where whole 
hams, pork shoulders, or pork loins are dry-cured (see proposed 
Sec. 94.17(p)(1)(ii). This is intended to ensure that dry-cured pork 
products intended for importation into the United States are not 
contaminated. We are also proposing to require that all areas in 
slicing/packaging facilities where pork and pork products are handled, 
such as holding areas and slicing and packaging areas, be cleaned and 
disinfected. All equipment used to handle pork and pork products, such 
as containers, work surfaces, slicing machines, and packaging 
equipment, would also have to be cleaned and disinfected. Cleaning and 
disinfecting of these areas and this equipment would be required after 
sliced and packaged pork products not eligible for export to the United 
States have left the facility, and before whole pork products intended 
for importation into the United States enter the facility for slicing 
and packaging (see Sec. 94.17(p)(1)(iii)). Cleaning and disinfecting 
must be adequate to ensure that disease agents of concern are killed or 
inactivated, and that pork products intended for importation into the 
United States are not contaminated.
    In addition, we are proposing to require that workers in slicing/
packaging facilities take precautions to ensure that they do not 
contaminate dry-cured pork in the facility with any diseases of concern 
(see proposed Sec. 94.17(p)(1)(ix)). We are proposing to require that 
workers who handle dry-cured hams, pork shoulders, and pork loins in a 
slicing/packaging facility either shower and put on a full set of clean 
clothes, or wait 24 hours after handling other pork or pork products 
before handling dry-cured pork hams, pork shoulders, or pork loins in 
the facility that are intended for importation into the United States. 
This is the same requirement that now applies to workers in 
establishments where fresh hams, pork shoulders, and pork loins are 
dry-cured in accordance with our regulations (see current 
Sec. 94.17(h)).
    Under our proposed regulations, slicing/packaging facilities would 
have to maintain original records on each lot of dry-cured hams, pork 
shoulders, and pork loins entering the facility intended for 
importation into the United States (see proposed Secs. 94.17(p)(1)(iv) 
and 94.17(p)(1)(v)). Records, which would have to be kept for a minimum 
of 2 years, would have to include the establishment numbers of all 
three facilities where the meat was handled--the slaughtering 
establishment, the dry-curing establishment, and the slicing/packaging 
facility. Records would also have to include the date dry-curing of the 
pork started, the date dry-curing was completed, and the date the dry-
cured meat was sliced and packaged. We propose to require that the 
records maintained at slicing/packaging facilities include the 
certificate issued by the veterinarian at the facility and the 
certification by either the veterinarian or the consortium 
representative. Records would, in addition, have to be kept under lock 
and key, with access restricted to officials of the national government 
of the country of origin, officials of the United States Government, 
and persons maintaining the records. Product labels <SUP>2 would be 
required to show the date processing began under Sec. 94.17(i) and the 
date of slicing and packaging (see proposed Sec. 94.17(p)(2)(iii)). 
These proposed recordkeeping and labeling requirements are intended to 
ensure that the presliced and prepackaged pork products fully comply 
with our regulations. These proposed requirements would also allow us 
to trace nonconforming products back to their source and help us better 
enforce our regulations. We also considered requiring the lot number of 
the meat to

[[Page 18057]]

appear on the label, or requiring that meat from only 1 lot be in a 
package. However, current industry practice is to label packages with 
the lot number and to package only meat from one lot in a package. 
Under these circumstances, it appears unnecessary to include either 
requirement in our proposed regulations.
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    \2\ FSIS must also approve all labels for meat and meat food 
products (see 9 CFR part 317).
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    We believe this proposed system of inspections, recordkeeping and 
labeling would provide us with the information we need to ensure that 
sliced and packaged dry-cured hams, pork shoulders, and pork loins from 
countries where various animal diseases exist would not pose a 
significant disease or pest risk to livestock in the United States.

Miscellaneous

    We are proposing to amend Sec. 94.17(n) to update the term ``trust 
fund agreement'' by replacing it with the term ``cooperative service 
agreement.'' Cooperative service agreement is the new name for the type 
of agreement formerly known as a trust fund agreement.
    We are also proposing to amend Sec. 94.17(g). This section 
currently requires that facilities that dry-cure whole pork hams, pork 
shoulders, and pork loins must have signed an agreement with APHIS 
``within 12 months'' prior to receiving pork hams, pork shoulders, or 
pork loins for processing. We have found this requirement to be 
unnecessary. Facilities must maintain a current cooperative service 
agreement with APHIS under Sec. 94.17(n), and facilities are subject to 
unannounced inspections under Sec. 94.17(l). We have found these 
requirements sufficient to ensure that dry-curing facilities comply 
with the requirements of Sec. 94.17.

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.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis, which is set out below, regarding the 
impact of this proposed rule on small entities. However, we do not 
currently have all the data necessary for a comprehensive analysis of 
the effects of this proposed rule on small entities. Therefore, we are 
inviting comments. In particular, we are interested in determining: (1) 
The quantity of specialty dry-cured hams produced domestically; (2) the 
quantity of potential imports; and (3) the degree to which imported 
presliced and prepackaged dry-cured pork products would displace 
existing imported or domestic products.
    This proposed rule would amend the regulations regarding 
importation of dry-cured pork products from countries where certain 
diseases of concern exist, by providing that certain sliced and 
packaged products may be imported into the United States under 
specified conditions. We have prohibited the importation of sliced and 
packaged dry-cured hams, pork shoulders, and pork loins because of the 
difficulty in verifying the origin of sliced and packaged meat and in 
determining how the meat has been processed. This proposal would 
establish inspections, recordkeeping, and labeling requirements that 
would allow verification of the meat's origin, treatment, and handling. 
We believe this action would relieve some restrictions on the 
importation of dry-cured pork into the United States without presenting 
a significant risk of introducing any serious communicable diseases of 
animals.
    The dry-cured pork products covered by the proposed rule are 
specialty products, such as Parma hams from Italy. These products are 
similar to other dry-cured pork products consumed in the United States, 
some imported from other countries and some produced domestically. 
Currently, only whole dry-cured pork hams, pork shoulders, and pork 
loins are being imported into the United States. Slightly less than 3 
million pounds of such whole products were imported in 1995, the most 
recent year for which figures are available. Presliced and prepackaged 
dry-cured pork products are not being imported into the United States 
at this time.
    We estimate that fewer than 15 domestic companies produce dry-cured 
pork products similar to those covered by this proposed rule as a 
primary or major product line. At least two of these companies are very 
large, and these types of products constitute only a small fraction of 
their overall business. Of the others, four are subsidiaries of Italian 
or Swiss companies.
    There are also a number of other producers of cured and smoked hams 
who may produce similar products. If they do, adopting the proposed 
rule could affect them. In addition, there are approximately 10 
domestic establishments that buy cured hams and trim and dress them for 
resale. Some of the resulting products might be similar to the 
presliced and prepackaged products covered by this proposed rule. If 
so, these businesses could also be affected if the proposed rule is 
adopted.
    This proposed rule contains various recordkeeping and reporting 
requirements. These requirements are described in this document under 
the heading ``Paperwork Reduction Act.''

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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 96-066-1. 
Please send a copy of your comments to: (1) Docket No. 96-066-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This rule would require that, to be eligible for importation into 
the United States, presliced and prepackaged dry-cured pork hams, pork 
shoulders, and pork loins from countries where rinderpest, foot-and-
mouth disease, African swine fever, hog cholera, or swine vesicular 
disease exists, must be processed and sliced and packaged in the 
country of origin under specific conditions. This rule would also 
introduce various information collection requirements to enable us to 
accurately assess whether products presented for importation comply 
with all applicable regulations. We are soliciting comments from the 
public concerning our proposed information collection and recordkeeping 
requirements. We need this outside input to help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's

[[Page 18058]]

functions, including whether the information will have practical 
utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected;
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.083 hours per response.
    Respondents: Government veterinarians, consortium representatives, 
slicing/packaging facility personnel.
    Estimated number of respondents: 6.
    Estimated number of responses per respondent: 76.
    Estimated total annual burden on respondents: 38 hours.
    Copies of this information collection can be obtained from: 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which directs agencies to remove obsolete and unnecessary 
regulations and to find less burdensome ways to achieve regulatory 
goals.

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, 9 CFR part 94 would be amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS.

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).

    2. Section 94.17 would be amended as follows:
    a. The introductory text would be revised to read as set forth 
below.
    b. In paragraph (d), by adding the word ``whole'' immediately 
before the word ``ham,''.
    c. In paragraph (e), by adding the word ``whole'' immediately after 
the words ``was processed''; and in footnote 1, by removing the words 
``9 CFR part 301, et seq.'' and adding the words ``9 CFR, Chapter III'' 
in their place.
    d. In paragraph (f), by adding the word ``whole'' immediately after 
the words ``was processed''.
    e. In paragraph (g), by adding the word ``whole'' immediately after 
the words ``was processed'', and by removing the words ``within 12 
months''.
    f. In paragraph (h), and in the introductory text of paragraph (i), 
by adding the word ``whole'' immediately after the words ``was 
processed''.
    g. In paragraphs (j)(1), (j)(2), (j)(3), (k), (l), and (n), by 
adding the word ``whole'' immediately after the first word ``The'' in 
each paragraph.
    h. In paragraph (j)(2), by adding the word ``whole'' immediately 
before the words ``dry-cured pork shoulder''.
    i. In paragraph (n), by removing the words ``trust fund agreement'' 
and adding the words ``cooperative service agreement'' in its place 
each time it appears.
    j. A new paragraph (p) would be added to read as set forth below.


Sec. 94.17  Dry-cured pork products from countries where foot-and-mouth 
disease, rinderpest, African swine fever, hog cholera, or swine 
vesicular disease exists.

    Notwithstanding any other provisions in this part, dry-cured ham, 
pork shoulder, or pork loin, whether whole or sliced and packaged, 
shall not be prohibited from being imported into the United States if 
it meets the following conditions:
* * * * *
    (p) Whole hams, pork shoulders, and pork loins that have been dry-
cured in accordance with paragraph (i) of this section may be 
transported to a facility in the same country for slicing and packaging 
in accordance with this paragraph; provided that, if the country is 
divided into two or more regions for disease classification with 
respect to foot-and-mouth disease, rinderpest, African swine fever, hog 
cholera, or swine vesicular disease, the slicing/packaging facility 
must be in the same region of the country as the dry-curing facility.
    (1) The slicing/packaging facility. (i) The slicing/packaging 
facility <SUP>2 must be inspected, prior to slicing and packaging any 
hams, pork shoulders, or pork loins in accordance with this paragraph, 
by an APHIS representative and determined by the Administrator to be 
capable of meeting the provisions of this paragraph.
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    \2\ See footnote 1 in Sec. 94.17(e).
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    (ii) The slicing/packaging facility must be in a separate building, 
physically detached from the facility where the whole ham, pork 
shoulder, or pork loin was dry-cured in accordance with paragraph (i) 
of this section.
    (iii) The slicing/packaging facility, including all equipment used 
to handle pork and pork products, such as containers, work surfaces, 
slicing machines, and packaging equipment, must be cleaned and 
disinfected after sliced and packaged pork products that are not 
eligible for export to the United States leave the facility, and before 
whole dry-cured hams, pork shoulders, or pork intended for importation 
into the United States enter the facility for slicing and packaging. 
Cleaning and disinfecting must be adequate to ensure that disease 
agents of concern are killed or inactivated, and that pork products 
intended for importation into the United States are not contaminated.
    (iv) The slicing/packaging facility must maintain under lock and 
key for a minimum of 2 years, original records on each lot of whole 
dry-cured hams, pork shoulders, and pork loins entering the facility 
for slicing and packaging under this section, including:
    (A) The approval number of the facility where the whole ham, 
shoulder, or loin was dry-cured in accordance with paragraph (i) of 
this section;
    (B) The date the whole ham, shoulder, or loin started dry-curing;
    (C) The date the whole ham, shoulder, or loin completed dry-curing;
    (D) The date the whole ham, shoulder, or loin was sliced and 
packaged; and
    (E) A copy of all certifications required under paragraph (p) of 
this section.
    (v) Access to records required to be maintained under paragraph (p) 
of this section must be restricted to officials of the national 
government of the country of origin, representatives of the United 
States Government, and persons maintaining the records.
    (vi) The operator of the slicing/packaging facility must have 
signed a cooperative service agreement with APHIS prior to receipt of 
the whole dry-cured hams, pork shoulders, or pork loins for slicing and 
packaging, stating that all hams, pork shoulders, or pork

[[Page 18059]]

loins sliced and packaged at the facility for importation into the 
United States will be sliced and packaged only in accordance with this 
section.
    (vii) The operator of the slicing/packaging facility must be 
current, in accordance with the terms of the cooperative service 
agreement signed with APHIS, in paying all costs for an APHIS 
representative to inspect the establishment, including travel, salary, 
subsistence, administrative overhead, and other incidental expenses.
    (viii) The slicing/packaging facility must allow the unannounced 
entry into the establishment of APHIS representatives, or other persons 
authorized by the Administrator, for the purpose of inspecting the 
establishment and records of the establishment.
    (ix) Workers at the slicing/packaging facility who handle pork or 
pork products in the facility must shower and put on a full set of 
clean clothes, or wait 24 hours after handling pork or pork products 
that are not eligible for importation into the United States, before 
handling dry-cured hams, pork shoulders, or pork loins in the slicing/
packaging facility that are intended for importation into the United 
States.
    (x) Pork products intended for importation into the United States 
may not be in the slicing/packaging facility at the same time as pork 
products not intended for exportation to the United States.
    (2) Slicing and packaging and labeling procedures.
    (i) A full-time salaried veterinarian employed by the national 
government of the country of origin must inspect each lot of whole dry-
cured hams, pork shoulders, and pork loins at the slicing/packaging 
facility, before slicing is begun, and must certify in English that it 
is eligible for importation into the United States in accordance with 
this section; and
    (ii) Either a full-time salaried veterinarian employed by the 
national government of the country of origin, or, if the national 
government of the country of origin recognizes a local consortium as 
responsible for product quality, a representative of that local 
consortium, must certify in English that he or she personally 
supervised the entire process of slicing and packaging each lot of dry-
cured hams, pork shoulders, and pork loins at the slicing/packaging 
facility; that each lot of dry-cured hams, pork shoulders, and pork 
loins was sliced and packaged in accordance with the requirements of 
this paragraph; and that the sliced and packaged pork ham, shoulder, or 
loin is the same dry-cured ham, pork shoulder, or pork loin certified 
under paragraph (p)(2)(i).
    (iii) The sliced and packaged dry-cured pork ham, pork shoulder, or 
pork loin must be labeled with the date that processing of the meat 
under paragraph (i) of this section began, and with the date the meat 
was sliced and packaged.

(Approved by the Office of Management and Budget under control 
number 0579-0015)

    Done in Washington, DC, this 8th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-9573 Filed 4-11-97; 8:45 am]
BILLING CODE 3410-34-P


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