[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48115-48117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18523]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2021-0019]


National Advisory Committee on Meat and Poultry Inspection

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notification of public meeting.

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SUMMARY: Pursuant to the provisions of the rules and regulations of the 
Department of Agriculture and the Federal Advisory Committee Act 
(FACA), the Food Safety and Inspection Service (FSIS) is announcing a 
virtual meeting of the National Advisory Committee on Meat and Poultry 
Inspection (NACMPI). The purpose of the Committee is to provide advice 
to the Secretary of Agriculture concerning State and Federal programs 
with respect to meat, poultry and processed egg products inspection, 
food safety, and other matters that fall within the scope of the 
Federal Meat Inspection Act (FMIA), and the Poultry Products Inspection 
Act (PPIA). The committee will convene virtually on September 27 and 
28, 2021, in a public meeting where FSIS will present two sets of 
charges to the Committee: (1) To consider how FSIS should clarify the 
Agency's positions on the custom and retail exemptions to ensure that 
meat, poultry, and egg products produced under the exemptions are safe, 
wholesome, and correctly labeled and packaged and (2) to consider 
actions FSIS should take to prevent and reduce illnesses associated 
with the handling or consumption of frozen, raw, stuffed not ready-to-
eat (NRTE) poultry products, which may be breaded and par-fried and may 
appear ready-to-eat (RTE) to consumers.

DATES: The virtual public meeting is scheduled for September 27 and 28, 
2021. NACMPI will meet from 1:00 p.m. to 3:00 p.m. EST on September 23, 
2021 for administrative purposes. This portion of the meeting is not 
open to the public. The public meeting is from 10 a.m. to 5 p.m. EST on 
September 27 and September 28, 2021.

ADDRESSES: The meeting is virtual and will be viewable via a link 
provided by email when you register for the meeting. Attendees should 
pre-register for the meeting. See the pre-registration instructions 
under ``Registration and Meeting Materials.''
    Public Comments: FSIS invites interested persons to submit comments 
on this meeting by September 24, 2021. Comments may be submitted by any 
of the following methods:
    <bullet> Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field on this 
web page or attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
    <bullet> Mail: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, 1400 Independence 
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
    <bullet> Hand- or Courier-Delivered Submittals: Deliver to 1400 
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, 
Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2021-0019. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://www.regulations.gov.
    Docket: For access to background documents or comments received, 
call (202) 205-0495 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Valeria Green, Director, Resource and 
Administrative Management Staff, Office of Policy and Program 
Development, Telephone: (301) 504-0846 Email: <a href="/cdn-cgi/l/email-protection#a3d5c2cfc6d1cac28dc4d1c6c6cde3d6d0c7c28dc4ccd5"><span class="__cf_email__" data-cfemail="92e4f3fef7e0fbf3bcf5e0f7f7fcd2e7e1f6f3bcf5fde4">[email protected]</span></a>, 
regarding specific questions about the Committee or this meeting. 
General information about the Committee can also be found at: https://www.fsis.usda.gov/nacmpi. For the hearing impaired, contact the Federal 
Information Relay Service: https://www.federalrelay.us/ or 800-877-0996 
(Voice, TTY, ASCII or Spanish).

SUPPLEMENTARY INFORMATION:

Background

    The NACMPI was established in 1971 and is authorized under section 
301(a)(4) of the Federal Meat Inspection Act (FMIA) (21 U.S.C. 
661(a)(4)) to carry out the responsibilities imposed by sections 7(c), 
24, 205, 301(a)(3), and 301(c) of the FMIA (21 U.S.C. 607(c), 624, 645, 
661(a)(3), and 661(c)), and authorized under section 5(s)(4) of the

[[Page 48116]]

Poultry Products Inspection Act (PPIA) (21 U.S.C. 454(a)(4) to carry 
out the responsibilities imposed by sections 5(a)(3), 5(c), 8(b), and 
11(e) of the PPIA (21 U.S.C. 454(a)(3), 454(c), 457(b), and 460(e)). 
The purpose of the Committee is to provide advice to the Secretary 
concerning meat and poultry inspection; food safety; and other matters 
that fall within the scope of the FMIA and PPIA. The current charter 
and other information about NACMPI can be found at https://www.fsis.usda.gov/policy/advisory-committees/national-advisory-committee-meat-and-poultry-inspection-nacmpi. Membership of NACMPI is 
drawn from representatives of consumer groups; producers; processors; 
and representatives from the meat, poultry, and egg products 
industries; State and local government officials; and academia.
    On September 27 and 28, 2021, NACMPI will review and discuss the 
following two topics. First, FSIS is seeking recommendations to clarify 
the Agency's positions on the custom and retail exemptions to ensure 
that meat, poultry, and egg products produced under the exemptions are 
safe, wholesome, and correctly labeled and packaged. The FMIA and the 
PPIA prohibit the slaughter of livestock or poultry or preparation of 
meat or poultry products for commerce without inspection, if such 
products are intended for use as human food, with specific exemptions. 
One such exemption, is the custom exemption at 21 U.S.C. 623(a) and 
464(c)(1)(B), which allows facilities to operate without Federal 
inspection if they slaughter and process livestock for the exclusive 
private use of the owner of the livestock, members of the owner's 
household, or the owner's nonpaying guests or employees. Custom 
operators must return all product derived from exempt animals to the 
original owner. Another exemption is the retail exemption at 21 U.S.C. 
661(c)(2) and 464(a), which exempts from routine Federal inspection 
operations of types traditionally and usually conducted at retail 
stores, restaurants, and restaurant central kitchen facilities. FSIS is 
seeking recommendations to clarify the Agency's positions on the custom 
and retail exemptions to ensure that meat, poultry, and egg products 
produced under the exemptions are safe, wholesome, and correctly 
labeled and packaged.
    FSIS will ask the committee to consider the following:

Custom Exemption

    1. Should FSIS conduct rulemaking to set a numerical limit on the 
number of individuals allowed to co-own an animal presented for 
slaughter/processing under the custom exemption provision (e.g., 
limiting to four the number of individuals allowed to co-own a market 
hog presented for slaughter)? If so, what factors should the Agency 
consider, if any, to determine the limits for different amenable 
species?
    2. Should FSIS conduct rulemaking to clarify that collectively-
owned membership organizations or other firms (e.g., a group of 
individuals residing across disparate locations organized into a 
``livestock ownership co-op'' via an online platform) cannot ``own'' 
animals for purposes of the custom exemption?
    3. Should FSIS conduct rulemaking to clarify that custom operators 
should maintain records that demonstrate an exact correspondence 
between the individuals owning a particular animal prior to slaughter 
and the individuals receiving any part of the products derived from 
that animal?

Retail Exemption

    1. Should 3rd parties (e.g., independent contractors or delivery 
services) be permitted to prepare meat and poultry received from 
restaurant and retail operations for delivery to consumers without 
Federal inspection being required for the retail or restaurant 
operation? And if so, what types of preparation should be allowed? 
Examples of preparation might include warming up, defrosting, assembly 
of meals, cutting, or packing.
    2. Should such 3rd party arrangements be allowed only in 
institutional settings (e.g., school cafeterias, hospitals, nursing 
homes, or prisons)?
    3. Should FSIS conduct rulemaking to clarify what types of 
preparation are allowed, and in what settings, when 3rd parties are 
permitted to prepare meat and poultry received from retail and 
restaurant operations for delivery to consumers without Federal 
inspection?
    Second, FSIS will ask NACMPI what actions should be taken to 
prevent and reduce illnesses associated with the handling or 
consumption of frozen, raw, stuffed NRTE poultry products, which may be 
breaded and par-fried and may appear RTE to consumers. Between FY 2010 
and FY 2019 FSIS investigated 51 outbreaks associated with NRTE 
poultry. Among those, eight outbreaks may have been associated with 
products that appear RTE to the consumer. These frozen, raw, stuffed 
NRTE chicken products, which may be breaded and par-fried and may 
appear RTE to consumers, had labeling identifying that the product was 
raw and included cooking instructions for preparation. Additionally, in 
June 2021, there is an open multistate Salmonella Enteritidis illness 
outbreak possibly associated with frozen, raw, breaded stuffed chicken 
products with 27 cases from eight states.
    FSIS will ask the committee to consider the following:
    1. Given FSIS' consumer research findings \1\ and an open 
multistate Salmonella Enteritidis illness outbreak, should FSIS re-
verify that companies continue to voluntarily label these products as 
raw in several places on the label and include validated cooking 
instructions?
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    \1\ https://www.fsis.usda.gov/sites/default/files/media_file/2021-04/fscrp-yr3-nrte-final-report.pdf.
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    2. What, if any, actions can FSIS take to prevent and reduce 
illnesses associated with the handling or consumption of these NRTE 
products? For example, should FSIS:
    a. Conduct exploratory sampling for pathogens and/or indicator 
organisms in these and other similar raw, stuffed or non-stuffed 
partially processed products?
    b. Require establishments to apply a lethality treatment to ensure 
that all products are RTE?
    c. Sample these products for Salmonella because consumers 
customarily undercook them?
    d. Require establishments that produce these products to reassess 
their HACCP plans, in light of outbreak data?
    e. Conduct targeted consumer outreach? If so, please provide some 
ideas on the best approaches.
    FSIS will present the two issues described above to the full 
Committee. The Committee will then divide into two subcommittees to 
discuss the issues. Each subcommittee will provide a report of their 
comments and recommendations to the full Committee before the meeting 
concludes on Thursday, September 28, 2021. An agenda will be published 
online before the public meeting. FSIS will finalize the agenda on or 
before the meeting dates and post it on the FSIS website at: https://www.fsis.usda.gov/news-events/events-meetings.

Registration and Meeting Materials

    There is no fee to register for the public meeting, but pre-
registration is mandatory for participants attending. All attendees 
must register online at https://www.fsis.usda.gov/news-events/events-meetings.

[[Page 48117]]

Public Comments and Participation in Meetings

    Stakeholders will have an opportunity to provide oral comments 
during the public meeting. Stakeholders must notify FSIS during 
registration of their wish to speak at the meeting. Stakeholders who do 
not notify FSIS during registration of their wish to speak will not 
have the opportunity to comment on the day of the public meeting. Due 
to the anticipated high level of interest in the opportunity to make 
public comments and the limited time available to do so, FSIS will do 
its best to accommodate all persons who registered and requested to 
provide oral comments and will limit all speakers to three minutes. 
FSIS encourages persons and groups who have similar interests to 
consolidate their information for presentation by a single 
representative.

Transcripts

    As soon as the meeting transcripts are available, they will be 
accessible on the FSIS website at: https://www.fsis.usda.gov/policy/advisory-committees/national-advisory-committee-meat-and-poultry-inspection-nacmpi. The transcripts may also be viewed at the FSIS 
Docket Room at the address listed above.

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 web page located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register 
publication 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 web page. Through the web page, FSIS can 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#1565677a726774783b7c7b61747e7055606671743b727a63"><span class="__cf_email__" data-cfemail="0272706d6570636f2c6b6c7663696742777166632c656d74">[email protected]</span></a>. USDA is an equal opportunity provider, 
employer, and lender.

    Dated: August 24, 2021.
Cikena Reid,
Committee Management Officer.
[FR Doc. 2021-18523 Filed 8-26-21; 8:45 am]
BILLING CODE 3410-DM-P


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