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.

Rules and Regulations Federal Register

4585 

Vol. 90, No. 10 

Thursday, January 16, 2025 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 58 

[Doc. No. AMS–DA–22–0064] 

RIN 0581–AE20 

Plant Records To Include Grade Label 

Butterfat Testing 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule adopts 

amendments to the plant records 

requirement for the Agricultural 

Marketing Service (AMS) Dairy Grading 

and Inspection Program. The 

amendments allow butterfat tests to be 

performed at an in-house or approved 

third party laboratory and add a 

requirement for plants to maintain and 

make such records available for 

examination by a United States 

Department of Agriculture (USDA) 

inspector. These amendments increase 

efficiency by conforming to current 

industry practice. 

DATES: This final rule is effective 

February 18, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Whitney Rick, Grading and 

Standardization Division, Dairy 

Program, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

Room 2530-South Building Mail Stop 

0225, 1400 Independence Avenue SW, 

Washington, DC 20250–0230: 

Telephone: (202) 236–8241; Email: 

Whitney.Rick@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Secretary of Agriculture is authorized by 

the Agricultural Marketing Act (AMA) 

of 1946, as amended (7 U.S.C. 1621, et 

seq.), to provide voluntary Federal dairy 

inspection and grading services that 

enables consumers to purchase high 

quality dairy products and facilitates 

orderly marketing. Plants participating 

in the voluntary, fee-based AMS Dairy 

Grading and Inspection Program process 

milk into dairy foods that enter 

commerce as retail products, ingredients 

for further processing, purchases for 

Federal food assistance programs, and 

exports to other countries. Services 

provided by the program enhance the 

marketability and add value to dairy 

products and foods that contain dairy. 

Dairy products manufactured in plants 

complying with the USDA inspection 

requirements are eligible to be graded 

against official quality standards and 

specifications established by AMS. 

Dairy products tested and graded by 

AMS have certificates issued describing 

the product’s quality and condition. 

When the Grading and Inspection 

Program was implemented, the quality 

of butter was inconsistent, and qualitycontrol testing by USDA was necessary 

to ensure a consistent product for the 

market. Today, plants more consistently 

manufacture high-quality butter 

products and maintain the butterfat 

standard necessary to be granted a 

USDA grade label for butter. 

Currently, USDA inspectors or 

designated plant personnel perform 

tests of butter samples that have been 

selected by a USDA inspector for quality 

control on randomized batches of 

finished product pursuant to 7 CFR 

58.338. Testing frequency varies by the 

volume of butter processed and whether 

a batch is randomly selected. Typically, 

USDA conducts monthly or weekly 

testing depending on the volume of 

butter processed. It is also current 

industry practice for plants to perform 

routine internal tests on their butter 

products to ensure quality and 

compliance with composition 

standards. Specific requirements for 

these tests are outlined in 7 CFR 58.336. 

During manufacturing it is normal to 

have fluctuations in butterfat 

composition at different stages in butter 

making and, consequently, test results 

may not be consistent throughout the 

process. Therefore, butter processing 

plants continually monitor butterfat 

composition throughout production and 

make necessary adjustments to maintain 

the 80 percent butterfat required for 

butter (7 CFR 58.305). The plant 

maintains these monitoring records as 

part of its internal quality program and 

testing procedures. 

Under the current Dairy Grading and 

Inspection Program, USDA conducts a 

single butterfat test at the time of 

grading, which provides a limited 

perspective on overall butterfat 

composition of butter manufactured by 

the plant. 

The amendments will provide plants 

an alternative to butterfat testing 

administered by a USDA inspector and 

allow in-plant quality control testing to 

satisfy butterfat testing requirements. 

This final rule authorizes a review of a 

plant’s testing records performed by 

AMS as an alternative to testing 

performed by a USDA inspector at the 

time of grading. A records review of a 

plant’s routine testing rather than a 

single-point test provides a more 

accurate picture of whether the plant’s 

butter products meet quality standards. 

It also reduces costs to a plant by 

providing an alternative to duplicate 

butterfat testing by a USDA inspector. 

As explained in the Regulatory 

Flexibility Analysis below, AMS 

estimates authorizing an alternative 

records review option will save 

participating plants $4,560 to $31,560 

annually. 

Currently, the final butter product 

must contain a minimum of 80 percent 

butterfat by weight for it to comply with 

the regulations. That requirement will 

not change as a result of this final rule. 

However, pursuant to this rule, AMS 

will annually review each plant’s 

butterfat test records to gauge the plant’s 

compliance with the regulations. 

Butterfat tests are already conducted as 

a normal, standard business operating 

procedure by plants that manufacture 

butter. If a records review reveals a 

plant is out of compliance, AMS will 

perform more frequent reviews to 

determine what preventative and 

corrective actions are being taken. As 

described below, failure to rectify the 

problem over multiple consecutive 

reviews may result in ineligibility to use 

the USDA Grade Label shield on 

products produced by the plant. 

Records inspected include plant 

records of butterfat tests performed as 

required under 7 CFR 58.336, and 

analysis of records. The change to the 

recordkeeping requirements applies to 

records kept in the regular course of 

business by the plant. As records will be 

reviewed on-site by USDA inspectors, 

plants will not be required to submit 

information to the agency. 

A proposed rule was published in the 

Federal Register on August 15, 2023 (88 

FR 55426). Copies of the proposed rule 


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4586 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

were made available through the 

internet by the USDA and the Office of 

the Federal Register. The rule provided 

a 60-day comment period which ended 

October 16, 2023. Seven comments were 

received. Four of the comments 

supported the proposed changes. The 

comments in support of the rule noted 

the change will continue to promote 

high quality products and will lower the 

cost to manufacturers, which will result 

in savings to the consumer. 

Of the four supportive comments, the 

American Butter Institute (ABI) 

requested clarification on four items 

related to this rulemaking. First, ABI 

asked which tests will be reviewed. The 

tests reviewed must be sufficient to 

evaluate the plant’s process to control 

quality and adjust butterfat composition 

during manufacturing and ensure final 

butterfat composition meets the 80 

percent requirement. Tests may include 

but are not limited to Kohman method 

or inline and benchtop infrared 

analysis. 

Second, ABI sought clarification on 

which records will be reviewed. 

Records reviewed will vary by plant 

depending on which records are kept by 

the individual plant in the normal 

course of business. Records reviewed 

may include the plant’s sample 

selection process, butterfat testing 

methods, quality control of butterfat 

composition during manufacturing, 

final butterfat results, management of 

out of specification product, and 

training documentation. Review of 

records will be on an annual basis. 

Third, ABI sought clarification on 

accepted butterfat testing 

methodologies. Acceptable testing 

methodologies include those that are 

intended for the analysis of butterfat 

composition in butter. Testing 

equipment may be calibrated using the 

Kohman or modified Kohman as a 

reference testing method. Additional 

validated methodologies available in the 

future may be considered provided the 

purpose of the test is for the analysis of 

butterfat composition. 

Fourth, ABI requested clarification on 

compliance and enforcement. If during 

a normal review of records, a plant is 

found to have test records 

demonstrating the plant’s butter 

products did not meet composition 

requirements, USDA will review 

additional documentation. Such 

additional documentation will include 

the plant’s policy to maintain butterfat 

composition, corrective actions taken 

after product was found to not meet the 

80 percent requirement, and training 

and/or preventative measures taken to 

reduce the occurrence of butter products 

not meeting composition requirements. 

If a plant fails to take corrective action 

as instructed by USDA over the course 

of three consecutive reviews, or releases 

product not meeting the composition 

requirement on three occasions, USDA 

may notify the plant to discontinue use 

of the butter shield. 

Two commenters opposing the 

proposed rule expressed concern that 

allowing plants to forego a USDA 

inspection in favor of a records review 

of an in-house or third-party testing 

regime could jeopardize quality for 

consumers. An additional commenter 

expressed the change would impact the 

value of the ‘Made in Wisconsin’ butter 

symbol because of what the commentor 

viewed as less regulatory oversight. The 

rule does not lessen USDA’s oversight of 

plants to ensure adherence to the 

regulations and the quality standards set 

by USDA. USDA will conduct a review 

of each butter manufacturing plant’s 

quality production records to verify the 

butterfat testing program meets 

regulatory requirements. Additionally, 

third-party industry laboratory test 

experts routinely audit and validate 

non-USDA-laboratory test procedures. 

The review of records provided by this 

rule offers USDA a more thorough view 

of the composition of a plant’s butter 

products over time, rather than a single 

point in time test, to ensure product is 

meeting the required butterfat 

composition standard. 

AMS is making no changes to the 

proposed rule based on these comments. 

Finally, this final rule corrects a 

misspelling in the regulations. A 

revision to § 58.336(a) replaces the word 

‘‘insure’’ with ‘‘ensure.’’ ABI 

commented that the correction should 

also be made to the new § 58.336(b). 

AMS agrees and is making the 

corresponding change. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

chapter 35), AMS requested approval of 

new information collection and 

recordkeeping requirements for the 

AMS Dairy Grading and Inspection 

Program and comments were invited on 

this new information collection. AMS 

received no public comments on the 

Office of Management and Budget 

(OMB)-approved information collection 

portion of the final rule. 

Title: Regulations Governing the 

Review of Butterfat Testing Records for 

the Dairy Grading and Inspection Butter 

Program. 

OMB Number: 0581–0340. 

Expiration Date of Approval: This is 

a NEW collection. 

Type of Request: Approval of New 

Information Collection. 

Abstract: The Dairy Grading and 

Inspection Program is a voluntary, feebased program authorized under the 

Agricultural Marketing Act (AMA) of 

1946 (7 U.S.C. 1621–1627). The 

regulations governing inspection and 

grading services of manufactured or 

processed dairy products are contained 

in 7 CFR part 58. Under the program, a 

plant can submit to grading and 

inspection of its butter products by a 

USDA grader following the U.S. Grade 

Standards to ensure each product meet 

the U.S. grade requirements. This 

program provides uniform quality of 

dairy products in the marketplace. The 

information collection requirements in 

this request are essential to carry out the 

intent of the AMA—to ensure that dairy 

products are produced under sanitary 

conditions and buyers are purchasing a 

quality product. 

Estimate of Burden: Public 

recordkeeping burden for this collection 

of information is estimated to average 

2.5 hours per year. 

Recordkeepers: Butter manufacturers. 

Estimated Number of Recordkeepers: 

17. 

Estimated Number of Hours per 

Recordkeeper: 2.5 hours. 

Estimated Total Annual Burden on 

Recordkeepers: 42.5 hours. 

Comments: No comments were 

received on the information collection 

in the proposed rule. 

The information collection adds an 

annual review of a plant’s butterfat 

testing records as an alternative to 

testing by USDA inspectors. The review 

encompasses plant records of butterfat 

tests performed as required under 7 CFR 

58.336, and analysis of records. Plants 

seeking USDA inspection for butter 

grading conduct their own routine, 

audited, butterfat tests to ensure quality 

and compliance with composition 

standards. The information sought in 

this collection is contained in records 

kept in the regular course of business by 

the inspected plant. Records will be 

reviewed on-site by a USDA inspector. 

The plant will not be required to submit 

information to the agency. 

E-Government Act 

USDA is committed to complying 

with the E-Government Act (44 U.S.C. 

3601, et seq.) by promoting 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. 

Executive Orders 12866 and 13563 

USDA is issuing this rule in 

conformance with Executive Orders 

12866 and 13563, which direct agencies 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4587 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health, 

and safety effects; distributive impacts; 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866; and 

therefore, has not been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have a retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies unless they 

present an irreconcilable conflict with 

this rule. 

Regulatory Flexibility Analysis 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601–612), AMS has considered 

the economic impact of the action on 

small entities. Accordingly, AMS has 

prepared this Regulatory Flexibility 

Analysis (RFA). 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be unduly 

or disproportionately burdened. The 

Small Business Administration’s 

definition (13 CFR 121.201) of small 

agricultural service firms, which 

includes dairy processors, varies based 

on the type of dairy product 

manufactured. Small butter 

manufacturers processors are defined as 

having 750 or fewer employees. 

Seventeen (17) plants producing grade 

label butter in the U.S. participate in the 

Grade Label Program. According to 

AMS calculations, about twelve (12), or 

approximately two-thirds, are operated 

by dairy farmer cooperatives, while the 

remaining five (5) are independently 

owned. AMS estimates that six (6) of the 

seventeen (17) participating butter 

processors would be considered small 

businesses. 

AMS has determined that 

establishment of this proposal will not 

have a significant economic impact on 

small entities. The Dairy Program 

Grading and Inspection Program is a 

voluntary program. Small businesses 

have the option to participate. The 

change will not unduly or 

disproportionately burden small butter 

processing entities. It will reduce costs 

to small businesses by providing an 

alternative to a redundant butterfat test 

currently performed by USDA. AMS 

expects most or all plants to choose a 

review of records. AMS estimates the 

cost to plants for meeting USDA 

butterfat testing requirements ranges 

from $5,000 to $32,000 annually. The 

significant cost difference depends on 

whether the plant has an approved 

onsite laboratory or must ship samples 

to an outside AMS laboratory, and the 

frequency of butterfat samples 

submitted for testing. 

The change will add a review of 

records of butterfat tests that 

manufacturers currently conduct in the 

normal course of business to ensure 

quality and compliance with 

composition standards as an alternative 

to a USDA-inspector test. The plants 

will be charged for the inspectors’ time 

to conduct the records review, estimated 

to take four hours annually. At an 

hourly rate of $110, a records review 

will cost the plant approximately $440. 

This results in annual net saving to 

plants ranging from $4,560 to $31,560. 

Program provisions will be applied 

uniformly to both large and small 

businesses and is not expected to 

burden small entities unduly or 

disproportionately. 

Executive Order 13175 

This rule has been reviewed under 

E.O. 13175—Consultation and 

Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have Tribal implications. 

AMS has determined that this rule is 

unlikely to have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

List of Subjects in 7 CFR Part 58 

Dairy product, Food grades and 

standards, Food labeling, Reporting and 

recordkeeping requirements. 

For reasons set forth in the preamble, 

the Agricultural Marketing Service 

amends 7 CFR part 58 as follows: 

PART 58—GRADING AND 

INSPECTION, GENERAL 

SPECIFICATIONS FOR APPROVED 

PLANTS AND STANDARDS FOR 

GRADES OF DAIRY PRODUCTS 

■ 1. The authority for part 58 continues 

to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. Amend § 58.148 by adding 

paragraph (h) to read as follows: 

§ 58.148 Plant records. 

* * * * * 

(h) Butterfat test records. Retain for 12 

months. 

■ 3. Amend § 58.336 by revising 

paragraphs (a) and (b) to read as follows: 

§ 58.336 Frequency of sampling for quality 

control of cream, butter and related 

products. 

(a) Microbiological. Samples shall be 

taken from churnings or batches and 

should be taken as often as is necessary 

to ensure microbiological control. 

(b) Sampling and testing.—(1) 

Composition. Sampling and testing for 

product composition shall be made on 

churns or batches as often as is 

necessary to ensure adequate 

composition control. For in-plant 

control, the Kohman or modified 

Kohman test may be used. 

(2) Sampling. Butterfat sampling may 

be performed as part of an in-plant 

quality program. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2025–00760 Filed 1–15–25; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 204 

[CIS No. 2800–25; DHS Docket No. USCIS– 

2006–0010] 

RIN 1615–AB50 

Eligibility of Arriving Aliens in Removal 

Proceedings To Apply for Adjustment 

of Status and Jurisdiction To 

Adjudicate Applications for 

Adjustment of Status; Correction 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS) 

ACTION: Interim final rule; correcting 

amendments. 

SUMMARY: On May 12, 2006, the 

Department of Homeland Security 

(DHS) and the Department of Justice 

(DOJ) published an interim final rule 

titled ‘‘Eligibility of Arriving Aliens in 

Removal Proceedings To Apply for 

Adjustment of Status and Jurisdiction 

To Adjudicate Applications for 

Adjustment of Status’’ The rule 

amended DHS and DOJ regulations 

governing applications for adjustment of 


ddrumheller on DSK120RN23PROD with RULES1