[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37216-37218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15062]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 352

[Docket No. FSIS-2019-0028]
RIN 0583-AD73


Inspection of Yak and Other Bovidae, Cervidae, and Camelidae 
Species

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending its 
regulations to define yak and include it among ``exotic animals'' 
eligible for voluntary inspection under 9 CFR part 352. This change is 
in response to a petition for rulemaking from a yak industry 
association, which FSIS granted in 2015. Additionally, FSIS is revising 
the definitions of antelope, bison, buffalo, catalo, deer, elk, 
reindeer, and water buffalo to make them more scientifically accurate. 
Moreover, FSIS is responding to comments on whether all farmed-raised 
species in the biological families Bovidae, Cervidae, and Camelidae, if 
not already subject to mandatory inspection, should be eligible for 
voluntary inspection, and whether any species in these families should 
be added to the list of amenable species requiring mandatory 
inspection.

DATES: Effective September 13, 2021.

FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant 
Administrator, Office of Policy and Program Development by telephone at 
(202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2020, FSIS proposed to amend its regulations (9 CFR 
352.1) to add yak to its list of ``exotic animals'' eligible for 
voluntary inspection (85 FR 33034, June 1, 2020). FSIS proposed to 
define yak as a long-haired bovid animal originally found throughout 
the Himalaya region of southern Central Asia and the Tibetan Plateau. 
The proposed rule explained that while yak was not listed in the 
regulations as an ``exotic animal,'' the Agency has inspected yak under 
its voluntary program for several years.
    As FSIS explained in the proposed rule, on September 3, 2014, the 
International Yak Association (IYAK) submitted a petition for 
rulemaking,\1\ under 9 CFR part 392, requesting that FSIS amend 9 CFR 
352.1(k) to include yak under the definition of an ``exotic animal.'' 
The petitioner stated that because FSIS had voluntarily inspected yak 
for many years, it had created an expectation among breeders and buyers 
that FSIS would continue to inspect yak. On November 21, 2014, IYAK 
submitted additional supporting data.\2\ IYAK had surveyed United 
States yak producers and found that continued FSIS inspection of yak 
meat was critical to the industry as a whole.
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    \1\ See: https://www.fsis.usda.gov/wps/wcm/connect/db2ac10c-7b92-4bb4-a0d3-885641738711/Petition-YAK-112014.pdf?MOD=AJPERES.
    \2\ IYAK asked that the supporting data remain confidential 
because it contains proprietary information.
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    After reviewing the petition and supporting data, FSIS decided to 
grant the petition, and stated that it would continue to voluntarily 
inspect yak while FSIS went through rulemaking to add yak to the list 
of exotic animals eligible for voluntary inspection.<SUP>3 4</SUP>
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    \3\ See: https://www.fsis.usda.gov/wps/wcm/connect/aa5f69d7-ddc6-44bc-9ff3-bc9489fcd338/IYAK-FSIS-response-120314.pdf?MOD=AJPERES.
    \4\ See: https://www.fsis.usda.gov/wps/wcm/connect/c109452f-4497-4144-815e-6a382b94a113/FSIS-Final-Response-IAK-080315.pdf?MOD=AJPERES.
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    In the proposed rule, FSIS also requested comments on whether the 
regulations should be amended to list as eligible for voluntary 
inspection all farm-raised species in the biological families Cervidae 
(e.g., moose, all deer and elk), all Bovidae not currently subject to 
mandatory inspection (e.g., water buffalo and impalas), and Camelidae 
(e.g., camel, llama, and alpaca). And, based on interest from 
stakeholders, FSIS requested comment as to whether any species in these 
families, if not currently subject to mandatory inspection, should be. 
FSIS already requires the inspection of some species of the biological 
family Bovidae under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 
601(w)). These species include cattle, sheep, and goats.
    After considering the comments received on the proposed rule, 
discussed below, FSIS is finalizing the proposed rule with some 
changes. In response to public comment, the final rule will also amend 
9 CFR 352.1 to revise the definitions of antelope (9 CFR 352.1(c)), 
bison (9 CFR 352.1 (e)), buffalo (9 CFR 352.1(f)), catalo (9 CFR 
352.1(g)), deer (9 CFR 352.1(j)), elk (9 CFR 352.1(l)), reindeer (9 CFR 
352.1(x)), and water buffalo (9 CFR 352.1(aa)) to make them more 
taxonomically accurate.

Responses to Comments

    FSIS received seven comments from individuals, a yak producer, and 
a llama

[[Page 37217]]

and alpaca producer. A summary of the comments and FSIS's responses 
follows.
    A yak producer and an individual supported defining yak and 
including it among ``exotic animals'' eligible for voluntary inspection 
under 9 CFR part 352. The individual stated that formally allowing for 
voluntary inspection of yak will help the continued growth of the yak 
industry by creating consumer trust in the product. Both commenters 
stated that allowing for voluntary inspection of yak gives consumers a 
healthy and sustainable red meat alternative.
    Comment: Comments from three individuals stated that species from 
the families Bovidae, Cervidae, and Camelidae could be slaughtered and 
processed under either mandatory or voluntary inspection, depending on 
whether certain criteria are met, including whether there is a 
sufficient market for consumers to justify mandatory inspection. 
Furthermore, the same three individuals suggested that yak should be 
slaughtered and prepared under mandatory FSIS inspection. According to 
these commenters, yak should be amenable under the FMIA, because it 
meets the dictionary definition of ``cattle,'' and yak are transported 
and held in pens for slaughter like other amenable cattle.
    A producer of deer, elk, bison, llama, and alpaca recommended that 
FSIS revise 9 CFR part 352 to allow for any ``large farm-raised 
mammals'' to be eligible for voluntary inspection. Specifically, the 
commenter requested that FSIS provide voluntary inspection for llamas 
and alpacas. The commenter argued that producers of llamas and alpacas 
would benefit from FSIS voluntary inspection, because it would 
alleviate confusion and create consistency for the llama and alpaca 
industry.
    Response: FSIS would need to gather more economic and scientific 
information before deciding whether to expand the list of species 
eligible for voluntary inspection or subject to mandatory inspection. 
Therefore, FSIS is not making any additional changes to the regulations 
at this time.
    Comment: A few individuals noted that 9 CFR 352.1(f) defines 
``buffalo'' as ``any animal belonging to the buffalo family.'' The 
commenters argued that definition should be revised because ``buffalo 
family'' is not an accurate scientific classification.
    Response: FSIS acknowledges that the definition of ``buffalo'' in 9 
CFR 352.1(f) is not taxonomically accurate. In addition to ``buffalo,'' 
FSIS is correcting the definitions of all the exotic species covered 
under 9 CFR 352.1. Specifically, FSIS has corrected the definitions of 
antelope (9 CFR 352.1(c)), bison (9 CFR 352.1 (e)), buffalo (9 CFR 
352.1(f)), catalo (9 CFR 352.1(g)), deer (9 CFR 352.1(j)), elk (9 CFR 
352.1(l)), reindeer (9 CFR 352.1(x)), and water buffalo (9 CFR 
352.1(aa)) to make them taxonomically accurate.
    Comment: A few individuals questioned why the proposed rule did not 
address rabbits and other lagomorphs that are produced under voluntary 
inspection.
    Response: These comments are outside of the scope of this 
rulemaking, since voluntary inspection of rabbits is addressed in a 
different part of its regulations, in 9 CFR part 354.

Executive Orders (E.O.s) 12866 and 13563

    E.O.s 12866 and 13563 direct agencies 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). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This final rule has 
been designated as a ``non-significant'' regulatory action under 
section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed 
by the Office of Management and Budget (OMB) under E.O. 12866.
    FSIS has updated the number of yak establishments under the 
voluntary inspection program in this final rule from those published in 
the proposed rule based on more recent labeling data. In response to 
comments on the proposed rule, FSIS is also clarifying the definitions 
of antelope, bison, buffalo, catalo, deer, elk, reindeer, and water 
buffalo in the regulations to make them more taxonomically accurate. 
FSIS does not expect any quantifiable costs or benefits will be 
associated with these revisions.

Expected Costs of the Final Rule

    FSIS does not expect any additional industry or Agency costs as a 
result of this final rule because, although yak is not currently listed 
as an ``exotic animal'' eligible for voluntary inspection, FSIS has 
been inspecting yak under the voluntary inspection program for many 
years.

Expected Benefits of the Final Rule

    In 2014, IYAK conducted a National Yak Industry Survey to support 
its petition requesting that FSIS amend 9 CFR 352.1(k) to include Yak 
under the definition of an ``exotic animal.'' According to IYAK's 
survey, FSIS voluntarily inspected 109 yaks from 22 establishments in 
2014. The IYAK survey also stated that there were 33 total 
establishments slaughtering yak in 2014. From 2014 to December 3, 2020, 
23 unique establishments submitted a total of 76 yak product labels to 
the FSIS Labeling and Program Delivery Staff (LPDS) for approval.\5\ 
These establishments will benefit from being able to continue to use 
their labels with FSIS's voluntary mark of inspection. According to the 
2014 IYAK survey, 90 percent of the establishments surveyed noted that 
USDA inspection is critical to the yak industry. Amending 9 CFR 352.1 
to list yak as an ``exotic animal'' eligible for FSIS's voluntary 
inspection service will avoid disruption to the yak industry and 
possible economic harm to producers if FSIS stopped voluntarily 
inspecting yak.
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    \5\ FSIS used data from the Labeling and Program Delivery 
Staff's Label Submission and Approval System (LSAS). This data was 
received on December 4, 2020.
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Regulatory Flexibility Act Assessment

    The FSIS Administrator has made a determination that this final 
rule will not have a significant economic impact on a substantial 
number of small entities in the United States, as defined by the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule will allow 
FSIS to continue to voluntarily inspect yak and there will be no 
increased costs to industry. Small and very small yak establishments 
that choose to continue to receive voluntary inspection will benefit 
from being able to continue to use their labels with FSIS's voluntary 
mark of inspection. About 17 percent of the establishments that 
submitted yak labels from 2014 to December 3, 2020, were classified as 
small under Hazard Analysis and Critical Control Point (HACCP) sizes 
and 83 percent were classified as very small.\6\ The final rule will 
benefit small and very small establishments because it will continue to 
give these establishments access to the FSIS voluntary mark of 
inspection and access to buyers who look for that mark of inspection 
when making purchasing decisions.
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    \6\ FSIS used data from the Public Health Information System 
(PHIS) to identify these establishments by HACCP category.
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Paperwork Reduction Act

    There are no new paperwork or recordkeeping requirements associated 
with this final rule under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520).

[[Page 37218]]

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under E.O. 12988, Civil Justice 
Reform. Under this 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 
administrative proceedings will be required before parties may file 
suit in court challenging this rule.

E-Government Act

    FSIS and USDA are committed to achieving the purpose of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things, 
promoting the use of the internet and other information technologies 
and providing increased opportunities for citizens access to Government 
information and services, and for other purposes.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS website located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Constituent Update is available on the FSIS website. 
Through the website, FSIS is able to provide information to a much 
broader, more diverse audience. In addition, FSIS offers an email 
subscription service which provides automatic and customized access to 
selected food safety news and information. This service is available 
at: https://www.fsis.usda.gov/subscribe. Options range from recalls to 
export information, regulations, directives, and notices. Customers can 
add or delete subscriptions themselves and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all of the information requested in the form. To request a 
copy of the complaint form, call (866) 632-9992. Submit your completed 
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, 
Office of the Assistant Secretary for Civil Rights, 1400 Independence 
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) 
email: <a href="/cdn-cgi/l/email-protection#463634292134272b682f2832272d23063335222768212930"><span class="__cf_email__" data-cfemail="572725383025363a793e3923363c32172224333679303821">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects in 9 CFR Part 352

    Exotic Animals.

    For the reasons set out in the preamble, FSIS amends 9 CFR part 352 
as follows:

PART 352--EXOTIC ANIMALS AND HORSES: VOLUNTARY INSPECTION

0
1. The authority citation for part 352 continues to read as follows:

    Authority:  7 U.S.C. 1622, 1624; 7 CFR 2.17(g)and (i), 2.53.


0
2. Amend Sec.  352.1 by revising paragraphs (c), (e), (f), (g), (j), 
(k), (l), (x), and (aa) and adding paragraph (bb) to read as follows:


Sec.  352.1  Definitions.

* * * * *
    (c) Antelope means any of various ruminant deerlike mammals (family 
Bovidae) chiefly of Africa and southwest Asia that have a slender lean 
build and usually horns directed upward and backward.
* * * * *
    (e) Bison (Bison bison), commonly known as the American bison or 
buffalo, is a species of the genus Bison native to North America. Bison 
includes catalo or cattalo.
    (f) Buffalo refers to a subtribe Bubalina of the tribe Bovini 
within the subfamily Bovinae that includes the water buffalo (Bubalus 
bubalis) and Cape buffalo (Syncerus caffer).
    (g) Catalo or Cattalo means any hybrid animal with bison (Bison 
bison) appearance resulting from direct crossbreeding of bison (Bison 
bison) and cattle (Bos taurus).
* * * * *
    (j) Deer refers to the any farm-raised species of the family 
Cervidae.
    (k) Exotic animal means any reindeer, elk, deer, antelope, water 
buffalo, bison, buffalo, or yak.
    (l) Elk (Cervus canadensis) refers to one of the largest species 
within the family Cervidae. It is native to North America and in high 
mountains of Central Asia.
* * * * *
    (x) Reindeer (Rangifer tarandus), commonly referred to as caribou, 
is a species within the family Cervidae with circumpolar distribution, 
native to Arctic, sub-Arctic, tundra, boreal, and mountainous regions 
of northern Europe, Siberia, and North America.
* * * * *
    (aa) Water buffalo (Bubalus bubalis), commonly known as the 
domestic water buffalo or Asian water buffalo, is a large bovid 
originating in the Indian subcontinent, Southeast Asia, and China.
    (bb) Yak (Bos grunniens) means a long-haired bovid animal 
originally found throughout the Himalaya region of southern Central 
Asia and the Tibetan Plateau.

    Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2021-15062 Filed 7-14-21; 8:45 am]
BILLING CODE 3410-DM-P


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