[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35720-35721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12663]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket Number FSIS-2022-0009]


Siluriformes Fish Salmonella Sampling

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that, starting July 13, 2022, it will suspend its current FSIS 
Salmonella sampling program for Siluriformes fish and fish products 
based on consumer cooking practices, lack of recent outbreaks 
attributed to Siluriformes fish, and low percent positives detected.

DATES: Submit comments on or before July 13, 2022. FSIS will suspend 
Salmonella sampling in domestic and imported Siluriformes fish and fish 
products on July 13, 2022.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by one of the following methods:
    <bullet> Federal eRulemaking Portal: This website provides 
commenters the ability to type short comments directly into the comment 
field on the web page or to 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-2022-0009. 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) 720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Washington, DC 20250-3700.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 2, 2015, FSIS published the final rule, Mandatory 
Inspection of Fish of the Order Siluriformes and Products Derived from 
Such Fish (https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/2008-0031F.pdf), that established a mandatory inspection 
program for Siluriformes fish and fish products. The final rule 
codified in regulations the provisions of the 2008 and 2014 Farm Bills, 
which amended the Federal Meat Inspection Act, making Siluriformes fish 
an amenable species under FSIS jurisdiction and inspection.
    As discussed in the final rule (80 FR 75590, 75593), FSIS 
considered the public health implications presented by Siluriformes 
fish in developing the regulations. FSIS also published the 
``Assessment of the Potential Change in Human Health Risk associated 
with Applying Inspection to Fish of the order Siluriformes'' (https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/Silurifomes-RA.pdf) that assessed the food safety risk associated with consuming 
Siluriformes fish in the United States. The purpose of the risk 
assessment was to provide predictions of the public health benefits 
(e.g., reduction in foodborne illnesses) that might accompany the 
implementation of a mandatory inspection system. The risk assessment 
identified Salmonella as a hazard of primary concern because: (1) It is 
the foodborne pathogen associated with Siluriformes fish (McCoy et. 
al., Journal of Food Protection 74(3):500-16, 2011); (2) there were 
more available data for assessing the risk of human illnesses 
associated with Salmonella and assessing the effectiveness of an FSIS 
regulatory strategy for this hazard than other potential pathogens; (3) 
its occurrence in domestic processing facilities and retail catfish is 
documented; (4) its presence in Siluriformes fish imported to the 
United States is documented; and (5) Centers for Disease Control and 
Prevention identifies catfish as the vehicle associated with a 1991 
outbreak of Salmonella Hadar.
    In the final rule (80 FR 75590, 75607), FSIS announced that it 
would conduct sampling and testing of Salmonella in Siluriformes fish 
and fish products to determine the national baseline prevalence and 
levels of Salmonella on raw Siluriformes fish.

Current Salmonella Sampling Program, Results, and Conclusions

    FSIS began testing domestic Siluriformes fish and fish products for 
Salmonella in May 2016 using the procedures outlined in FSIS Directive 
14,010.1, Speciation Residue and Salmonella Testing of Fish of the 
Order Siluriformes from Domestic Establishments (https://www.fsis.usda.gov/policy/fsis-directives/14010.1) and began testing 
imported Siluriformes fish and fish products, using the procedures 
outlined in FSIS Directive 14,100.1, Speciation, Residue, and 
Salmonella Testing of Fish of the Order Siluriformes at Official Import 
Inspection Establishments (https://www.fsis.usda.gov/policy/fsis-directives/14100.1).
    From May 2016 through the end of Fiscal Year 2020, FSIS collected 
and analyzed 3,970 samples of domestic and imported Siluriformes fish 
and fish products for Salmonella. FSIS published a report, Data Summary 
of Siluriformes Fish Testing: A Five-Year Review, FY 2016-2020, that 
discusses the results of the data. The report can be found at: https://www.fsis.usda.gov/sites/default/files/media_file/2022-03/SiluriformesFishDataSummaryReport_03292022.pdf.
    As discussed in the report and shown in Table 1 (below), of the 
3,970 samples of domestic and imported products tested, 80 samples 
tested positive for Salmonella. Domestic Siluriformes fish were an 
average of 3.53 percent positive for Salmonella, imported Siluriformes 
fish were an average of 0.32 percent positive for Salmonella.\1\
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    \1\ The difference in the percent positive between imported and 
domestic may be attributed to imported Siluriformes fish typically 
being frozen, whereas domestic Siluriformes fish are typically 
fresh.

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[[Page 35721]]

[GRAPHIC] [TIFF OMITTED] TN13JN22.000

    While Salmonella is present on Siluriformes fish, there is limited 
data to support Siluriformes fish attribution to any Salmonella 
illnesses or outbreaks, except for the 1991 outbreak identified in the 
risk assessment. Most Siluriformes fish are consumed fully cooked, 
which could explain the limited number of illnesses and outbreaks 
associated with this product. Based on consumer cooking practices, lack 
of recent outbreaks attributed to Siluriformes fish, and low percent 
positives detected, FSIS has concluded that Salmonella does not pose a 
significant health hazard in Siluriformes fish. Given that Salmonella 
does not pose a significant health hazard in Siluriformes fish, FSIS 
intends to suspend its current Salmonella sampling in domestic and 
imported Siluriformes fish. FSIS will, however, continue to test 
Siluriformes fish for residues as part of our National Residue Program.

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/policy/federal-register-rulemaking/federal-register-notices.
    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 website. Through the website, 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 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: USDA, 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#0d7d7f626a7f6c60236463796c66684d787e696c236a627b"><span class="__cf_email__" data-cfemail="1262607d7560737f3c7b7c6673797752676176733c757d64">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2022-12663 Filed 6-10-22; 8:45 am]
BILLING CODE 3410-DM-P


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