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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

15215 

Vol. 74, No. 63 

Friday, April 3, 2009 

1McKercher P.D., J.H.Graves, J.J. Callis, and F. 

Carmichael. (1974). Swine vesicular disease: virus 

survival in pork products. Proceedings of the 

Annual Meeting of the U.S. Animal Health 

Association; (78):213a–213g. 

Edwards, S. (2000). Survival and inactivation of 

classical swine fever virus. Vet Microbiol. Apr 13; 

73(2–3):175–81. 

Scott Williams Consulting Pty Ltd. (2003), 

Persistence of Disease Agents in Carcasses and 

Animal Products. Report for Animal Health 

Australia, December. 

World Organization for Animal Health (OIE). 

(2008). 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 166 

[Docket No. APHIS–2008–0120] 

RIN 0579–AC91 

Swine Health Protection; Feeding of 

Processed Product to Swine 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the swine 

health protection regulations to clarify 

the applicability of the regulations 

regarding the treatment of garbage that 

consists of industrially processed 

materials. This interim rule makes clear 

that such materials are subject to the 

same treatment requirements as other 

regulated garbage, except for materials 

that meet the definition of processed 

product that we are adding to the 

regulations. This action is necessary to 

ensure that garbage fed to swine has 

been treated to inactivate disease 

organisms that pose a risk to the U.S. 

swine industry. 

DATES: This interim rule is effective 

April 3, 2009. We will consider all 

comments that we receive on or before 

June 2, 2009. 

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=APHIS2008-0120 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–2008–0120, 

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– 

2008–0120. 

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. 

Dave Pyburn, Senior Staff Veterinarian, 

Swine Health Programs, VS, APHIS, 

Room 891, 210 Walnut Street, Des 

Moines, IA 50309; (515) 284–4122. 

SUPPLEMENTARY INFORMATION: 

Background 

The Swine Health Protection Act (7 

U.S.C. 3801 et seq., referred to below as 

the Act) is intended to protect the 

commerce of the United States and the 

health and welfare of the people of the 

United States by ensuring that food 

waste fed to swine does not contain 

active disease organisms that pose a risk 

to U.S. swine. The regulations in 9 CFR 

part 166 regarding swine health 

protection (referred to below as the 

regulations) were promulgated in 

accordance with the Act. The 

regulations contain provisions that 

regulate food waste containing any meat 

products fed to swine. Compliance with 

the regulations ensures that all food 

waste fed to swine is properly treated to 

kill disease organisms. Raw or 

undercooked meat may transmit 

numerous infectious or communicable 

diseases to swine, including exotic viral 

diseases such as foot-and-mouth 

disease, African swine fever, classical 

swine fever, and swine vesicular 

disease. In accordance with the 

regulations, food waste containing meat 

may be fed to swine only if it has been 

treated to kill disease organisms. 

In part 166 of the regulations, such 

food waste is referred to as ‘‘garbage.’’ 

In § 166.1, garbage is defined as ‘‘[a]ll 

waste material derived in whole or in 

part from the meat of any animal 

(including fish and poultry) or other 

animal material, and other refuse of any 

character whatsoever that has been 

associated with any such material, 

resulting from the handling, 

preparation, cooking or consumption of 

food, except that such term shall not 

include waste from ordinary household 

operations which is fed directly to 

swine on the same premises where such 

household is located.’’ 

Under § 166.2 of the regulations, with 

some exceptions discussed below, 

garbage may not be fed to swine unless 

it is first treated in accordance with the 

requirements of part 166 at a facility 

operated by a person holding a valid 

license for the treatment of garbage. The 

regulations in § 166.7 require that 

garbage be heated throughout at boiling 

(212 °F or 100 °C at sea level) for 30 

minutes before being fed to swine. 

Requirements regarding the licensing of 

facilities that treat garbage for feeding to 

swine are contained in § 166.10. 

The requirement that the material be 

heated throughout at boiling takes into 

account a margin of safety to ensure that 

disease organisms of concern are 

inactivated. Although the scientific 

literature recognizes that heating meat 

throughout at 167 °F (75 °C) for 30 

minutes is sufficient to inactivate the 

disease organisms,1 in many cases it is 

difficult on a practical level to 

determine precisely when every piece of 

meat in the garbage being treated has 

been heated to 167 °F throughout. 

Larger pieces of meat may take longer 

than smaller pieces to reach that 

temperature throughout. By requiring 

that garbage be heated at boiling 

throughout for 30 minutes, the 

regulations have provided a 

documentable and easily visible way to 

ensure that meat has been heated to a 

temperature sufficient to inactivate 

disease organisms of concern. 


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15216 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 

2The rationale for exempting rendered products 

from the garbage regulations was addressed in 

rulemaking that culminated in a final rule 

published in the Federal Register on May 18, 1983 

(48 FR 22288–22290, Docket No. 83–024). The other 

products listed were addressed in rulemaking that 

culminated in a final rule published in the Federal 

Register on April 12, 1984 (48 FR 14495–14497, 

Docket No. 83–115). 

Although the general requirement is 

that garbage be heated at boiling for 30 

minutes before being fed to swine, the 

regulations do contain certain 

exceptions. There are some materials 

that meet the definition of garbage that 

APHIS has determined can be safely fed 

to swine without being heated at boiling 

for 30 minutes. These materials, which 

are listed in § 166.2, are the following: 

Rendered products, bakery waste, candy 

waste, eggs, domestic dairy products 

(including milk), fish from the Atlantic 

Ocean within 200 miles of the 

continental United States or Canada, 

and fish from inland waters of the 

United States or Canada that do not flow 

into the Pacific Ocean.2 In addition to 

exempting the listed materials from the 

heating requirements in § 166.7, the 

regulations provide that it is not 

necessary that the materials be treated 

by a person licensed to do so under the 

requirements of § 166.10. 

In this interim rule, we are adding 

another type of material to the list in 

§ 166.2 of materials that are exempted 

from the treatment and licensing 

requirements of §§ 166.7 and 166.10. We 

refer to the type of material we are 

adding to the list of exempted materials 

as ‘‘processed products’’ and define 

processed product in § 166.1. In 

defining processed product, we are 

reinforcing that materials that are 

similar to processed product, but that do 

not meet the full definition of processed 

product, are subject to the treatment 

requirements of part 166. In the 

following paragraphs, we discuss our 

definition of processed product and our 

rationale for exempting it from the 

requirements of §§ 166.7 and 166.10. 

The swine health protection 

regulations that were implemented in 

1983 were designed to address the 

materials and method of treatment that 

were commonly used at that time to 

treat garbage for feeding to swine—i.e., 

the cooking over an open flame of food 

waste from restaurants, grocery stores, 

and other food establishments. 

Subsequent to establishment of the 

regulations, however, certain swine 

producers began to use materials from 

other than the traditional sources of 

garbage as feed for swine. 

It has become increasingly common 

for producers to feed to swine products 

that have undergone industrial 

processing, such as pet foods or precooked foods that are used for canning 

for human consumption. In some cases, 

such products have been heated to at 

least 167 °F for at least 30 minutes as 

part of the processing procedure; in 

other cases, the products have not been 

so heated. Failure to heat such products 

to the minimum heat necessary for the 

minimum period of time necessary to 

inactivate disease organisms of concern 

could expose swine to which the 

products are fed to the risk of infection 

by the organisms. 

However, because commercially 

produced food products that contain 

meat and that have undergone industrial 

processing often differ in appearance, 

production process, and source from 

materials traditionally viewed as 

‘‘garbage,’’ we have found that some 

swine producers are not aware they are 

feeding to swine material that meets the 

definition of garbage and thus must be 

heated throughout according to the 

regulations in part 166. Therefore, we 

consider it necessary in this interim rule 

to specifically address the way in which 

industrially processed foodstuffs 

intended for feeding to swine are 

regulated. 

If such industrially processed 

products contain meat, they meet the 

definition of garbage in § 166.1 and, in 

general, must be heated throughout at 

boiling or an equivalent temperature for 

30 minutes to be eligible for feeding to 

swine. However, in some cases, the 

procedures used to process such 

materials are controlled and monitored 

in such a way that it is possible for the 

processors of the material to 

demonstrate that the materials have 

been heated throughout to at least 167 °F 

for at least 30 minutes, making the 

additional ‘‘margin of safety’’ of heating 

the material at boiling unnecessary. In 

such cases, we consider it warranted to 

exempt those materials from the 

requirement in § 166.7 that the garbage 

be heated at boiling for 30 minutes 

before being fed to swine. Therefore, in 

this interim rule, we are amending the 

regulations to include an exemption in 

§ 166.2 for such materials, which we 

define in this interim rule as processed 

product. 

We are adding to § 166.1 the following 

definition of processed product: 

‘‘Material derived in whole or in part 

from the meat of any animal (including 

fish and poultry) or other animal 

material, and other refuse of any 

character whatsoever that has been 

associated with any such material, that 

has undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

has, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or has been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator.’’ 

Although heating is the standard 

method of inactivating the disease 

organisms addressed by the swine 

health regulations, we recognize that 

other industrial manufacturing 

procedures might exist, or might come 

to exist, that can be demonstrated to be 

equally effective in reducing disease 

risk, and we allow for that possibility in 

our definition of processed product. 

We note that § 166.10(a) provides that 

types of garbage listed in § 166.2 as 

being exempt from the treatment 

requirements in § 166.7—which, under 

this interim rule, includes processed 

products—are also exempted from the 

requirement that the garbage be treated 

by a person licensed to treat garbage 

under § 166.10. 

Immediate Action 

Immediate action is necessary to 

ensure that swine producers are aware 

that all garbage other than that 

specifically exempted from the heating 

and licensing requirements of part 166 

must be heated throughout at boiling 

(212 °F or 100 °C at sea level) for 30 

minutes before it is fed to swine. Under 

these circumstances, the Administrator 

has determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim 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 the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

The regulations require that garbage to 

be fed to swine be heated throughout at 

212 °F (100 °C) or above for 30 minutes 


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Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 15217 

3USDA/ERS, Farm Income Costs: Farm Sector 

Income Forecast, http://www.ers.usda.gov/briefing/ 

farmincome/data/cr_t3.htm. 

4http://www.fas.usda.gov/dlp/circular//2008/ 

livestock_poultry_04-2008.pdf. 

5USDA/FAS, PS&D Online, 1996–2007, http:// 

www.fas.usda.gov/dlp/circular//2008/ 

livestock_poultry_04-2008.pdf. 

6Food waste includes plate waste (62.01%), eggs 

(0.13%), unpasteurized dairy (1.06%), fish (1.11%), 

bakery waste (8.94%), slaughter by-products 

(0.02%), other products of animal origin (13.45%), 

and other waste products of non-animal origin 

(such as candy, brewers waste, etc.). USDA/APHIS/ 

VS, 2001 National Waste Feeding Report, June 

2003. 

7Felix J. Spinelli and Barbara Corso, ‘‘The 

Economics of Feeding Processed Food Waste to 

Swine’’ in Michael L. Westendorf (ed.) Food Waste 

in Animal Feed, Iowa State University Press, 2000. 

8USDA/APHIS/VS, Swine Health Protection 

Reports, October 2008, and personal 

communication with APHIS, Veterinary Services. 

9USDA/NASS, Meat Animal Production, 

Disposition, and Income: 2007 Summary, April 

2008 (137,758,900 swine were marketed in 2007). 

10Total tons of swine feed is estimated as follows: 

137,758,900 market swine, multiplied by 716 

pounds of feed per swine, divided by 2000 pounds 

per ton, where 716 pounds of feed per swine is 

taken from the National Pork Producer Council, 

Continued 

before being fed, and that the garbage be 

treated at a facility operated by a person 

holding a valid license for the treatment 

of garbage. This interim rule makes clear 

that food waste consisting of 

industrially processed products (such 

as, but not limited to, pet foods or foods 

cooked for canning for human 

consumption) that meet the definition of 

garbage is subject to the same 

requirements as other regulated garbage, 

except for materials that meet the 

definition of processed product. In this 

interim rule, we define processed 

product as ‘‘material derived in whole 

or in part from the meat of any animal 

(including fish and poultry) or other 

animal material, and other refuse of any 

character whatsoever that has been 

associated with any such material, that 

has undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

has, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or has been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator’’. 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires agencies 

to evaluate the potential effects of rules 

on small businesses, small 

organizations, and small governmental 

jurisdictions. Section 605 of the 

Regulatory Flexibility Act allows an 

agency to certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Following is the factual basis for such 

certification of this rule. As background, 

we first provide national statistics on 

the U.S. swine and pork industries. We 

then describe the expected effects of the 

rule on swine producers who include 

food waste as part of feed for swine. 

The U.S. Swine and Pork Industries 

The U.S. swine industry plays an 

important role in the U.S. economy. 

Cash receipts from marketing meat 

animals were about $14.8 billion in 

2007 (the average between 2003 and 

2007 was $13.8 billion).3 Additionally, 

swine and related product exports 

generated over $2.5 billion in sales that 

year.4 At present, U.S. swine and swine 

product exports proceed without 

disease-related restrictions. Maintaining 

such favorable export conditions 

depends in part on continued efforts to 

prevent transmission of foreign diseases 

to U.S. swine. 

As shown in table 1, U.S. pork 

production increased from 7,835,000 

metric tons in 1997 to 9,962,000 metric 

tons in 2007, an annual growth rate of 

about 1.8 percent. During the same 

period, consumption increased from 

7,631,000 metric tons to 8,964,000 

metric tons, and U.S. exports increased 

from 473,000 metric tons to 1,424,000 

metric tons, by far outpacing imports. 

Net exports increased from 185,000 

metric tons to 985,000 metric tons.5

TABLE 1—U.S. PORK PRODUCTION, CONSUMPTION, PRICE, EXPORTS AND IMPORTS, 1997–2007 1

Year 

Production in 

1,000 metric 

tons 

Consumption 

in 1,000 metric 

tons 

Price per 

metric ton 

Exports in 

1,000 metric 

tons 

Imports in 

1,000 metric 

tons 

Net exports in 

1,000 metric 

tons 

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 

2006 ......................................................... 9,559 8,640 1,404 1,359 449 910 

2007 ......................................................... 9,962 8,964 1,433 1,424 439 985 

5-Year Average (2003–2007) .................. 9,456 8,782 1,464 1,152 478 674 

1Sources: USDA/FAS, PS&D Online, 1997–2007, http://www.fas.usda.gov/dlp/circular//2008/livestock_poultry_04-2008.pdf; 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.mannlib.cornell.edu/usda/ers/94006/wholesaleprices.xls. The 2006 and 2007 per metric ton prices are from USDA/ERS, Livestock, 

Dairy, and Poultry Outlook, Feb. 20, 2007, and Jan.18, 2008. Net exports are calculated as the difference between exports and imports for each 

year. 

Effects of the Interim Rule 

The amount of food waste that meets 

the definition of garbage under § 166.1 

represents a very small fraction of total 

commercial feeding of swine in the 

United States.6 According to a study in 

2000, there were 300,000 market swine 

fed with about 550,000 tons of food 

waste in 1997.7 The number of market 

swine fed such food waste has since 

declined. At present, there are 2,722 

licensed garbage feeders producing 

about 160,000 market swine per year.8

Assuming the same ratio as in 1997 

between the numbers of market swine 

fed food waste and the quantity of such 

food waste utilized, the amount of food 

waste fed to swine in 2007 is estimated 

to have been about 293,330 tons. These 

quantities of swine and feed are very 

small, compared to the total number of 

market swine produced in the United 

States (0.12 percent) and the total 

tonnage of commercial feed utilized (0.6 

percent).9 10


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15218 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 

Swine Industry Crisis, April 2008 (http:// 

www.wppa.org/Portals/wppa/ 

WebEconomicImpactFinalpdf.pdf), and 137,758,900 

market swine is from footnote 9. We note that the 

716 pounds of feed consumption per animal is less 

than half of the food waste consumption per 

garbage-fed animal reported by Spinelli and Corso 

(2000). 

11Felix J. Spinelli and Barbara Corso, ‘‘The 

Economics of Feeding Processed Food Waste to 

Swine’’ in Michael L. Westendorf (ed.) Food Waste 

in Animal Feed, Iowa State University Press, 2000. 

12An estimated 293,330 tons of food waste used 

in 2007, multiplied by a heating cost of $6.67 per 

ton, multiplied by 5 percent equals $97,826. 

13SBA, Small Business Size Standards matched 

to North American Industry Classification System 

2002, Effective July, 2006 (http://www.sba.gov/size/ 

sizetable2002.html). 

14This average income is calculated by 

multiplying the number of market swine fed food 

waste by their average market value, and dividing 

that product by the number of garbage feeders in 

2007: 160,000*$73/2,722 = $4,290.96. 

This interim rule provides that, 

although industrially processed 

products that meet the definition of 

garbage must, as a general rule, be 

heated at boiling for 30 minutes before 

being fed to swine, those materials that 

meet the definition of processed product 

(i.e., that have undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

have, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or have been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator) are 

exempt from the requirement for 

boiling. The main heat treatment 

methods used by garbage feeders are 

direct-fire cookers (mostly for smaller 

loads) and steam injection cookers 

(larger loads). Spinelli and Corso (2000) 

assumed an average heating cost of $5 

per ton in 1997 (or about $6.67 per ton 

in 2008 dollars) for food waste heated at 

212 °F for 30 minutes.11

We do not know what proportion of 

garbage as defined in part 166 is derived 

in whole or in part from animal material 

that has undergone heating to 167 °F for 

30 minutes or has been subjected to an 

industrial process that provides an 

equivalent level of disease mitigation. 

As an illustrative example of the 

potential effect of this rule on producers 

who feed to swine those materials that 

meet the definition of processed 

product, if such materials were to 

comprise 5 percent of garbage fed to 

swine, then the cost to producers who 

feed such materials could be nearly 

$100,000 less overall than it would be 

if all such processed product were 

treated by being heated at boiling for 30 

minutes.12

Affected Small Entities 

The Small Business Administration 

(SBA) has established size standards for 

determining whether firms are 

considered small under the Regulatory 

Flexibility Act. The majority of U.S. 

swine producers (NAICS 112210) are 

small entities, based on the SBA smallentity standard of not more than 

$750,000 in annual receipts.13 In 2007, 

there were a total 2,722 feeders that 

potentially could be affected by this 

rule, depending upon whether they 

include processed products in their 

feed. The average income of these 

entities is estimated to be about $4,290, 

well below the small-entity size 

standard.14

Summary 

Producers known to feed garbage to 

swine numbered 2,722 in 2007 (about 3 

percent of all swine producers), and 

produced only about 0.12 percent of the 

swine marketed that year. Of these 

producers, the cost of feeding garbage to 

swine will be less for those who use 

processed products as feed. The rule 

will also provide swine producers who 

do not currently feed garbage to swine 

the option of feeding to swine processed 

product that is not required to be heated 

at boiling for 30 minutes at a licensed 

facility. 

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 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

in conflict 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 

This interim rule contains no 

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 166 

Animal diseases, Hogs, Reporting and 

recordkeeping requirements. 

■ Accordingly, we are amending 9 CFR 

part 166 as follows: 

PART 166—SWINE HEALTH 

PROTECTION 

■ 1. The authority citation for part 166 

continues to read as follows: 

Authority: 7 U.S.C. 3801–3813; 7 CFR 

2.22, 2.80, and 371.4. 

■ 2. In § 166.1, a definition of processed 

product is added, in alphabetical order, 

to read as follows: 

§ 166.1 Definitions in alphabetical order. 

* * * * * 

Processed product. Material derived 

in whole or in part from the meat of any 

animal (including fish and poultry) or 

other animal material, and other refuse 

of any character whatsoever that has 

been associated with any such material, 

that has undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

has, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or has been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator. 

* * * * * 

§ 166.2 [Amended] 

■ 3. In § 166.2, paragraph (a) is amended 

by adding the words ‘‘Processed 

products;’’ immediately after the words 

‘‘any of the following:’’. 

Done in Washington, DC, this 31st day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7507 Filed 4–2–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0162] 

Drawbridge Operation Regulation; 

Houma Navigation Canal, Mile 36.0, at 

Houma, Terrebonne Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 


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