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[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Rules and Regulations]
[Pages 66482-66483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31017]

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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 95-048DF]
RIN 0583-AC03

Use of the Fast Antimicrobial Screen Test for Bob Veal Calves

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
Federal meat inspection regulations to permit the use of the Fast 
Antimicrobial Screen Test (FAST) in its bob veal calf residue testing 
program. Under FSIS' residue testing program, carcasses of bob veal 
calves are subject to specific regulatory requirements for residue 
testing by FSIS inspectors to assure that adulterated meat does not 
enter human food channels. Until recently, the Calf Antibiotic and 
Sulfonamide Test (CAST) was the only official test authorized for use 
in the bob veal calf residue testing program. FSIS has now developed 
FAST, which is an enhanced and equally effective version of CAST that 
provides results after 6 hours of incubation, compared to 18-24 hours 
of incubation for CAST. This action will permit the use of FAST in lieu 
of CAST under FSIS' bob veal calf residue testing program.

DATES: This rule will be effective on February 20, 1996, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before January 22, 1996. If FSIS receives 
adverse comments or notice of intent to submit adverse comments, FSIS 
will withdraw this rule and publish a proposed rule for public comment.

ADDRESSES: Send an original and two copies of written comments to: FSIS 
Docket Clerk, Docket #95-048DF, Room 4352, South Agriculture Building, 
Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC 20250.

SUPPLEMENTARY INFORMATION:

Background

    In June 1984, as a result of findings of increased levels of 
sulfonamide and antibiotic residues in young calves, FSIS promulgated 
an interim rule (49 FR 23602; affirmed 50 FR 32162) that amended the 
Federal meat inspection regulations (9 CFR parts 309, 310 and 318) by 
establishing an intensified residue testing program for bob veal calves 
(calves up to 3 weeks in age or 150 pounds in weight). FSIS was 
concerned with findings of increased levels of sulfonamide and 
antibiotic residues in young calves, and undertook an emergency 
rulemaking to decrease the likelihood that adulterated meat would enter 
into human food channels. FSIS determined that carcasses and parts 
thereof from bob veal calves are adulterated under the Federal Meat 
Inspection Act if they bear or contain sulfonamide or antibiotic 
residues other than in accordance with tolerances established by the 
Food and Drug Administration.
    In the interim rule, FSIS stated that CAST, a swab bioassay test, 
would be the official test used to screen carcasses of bob veal calves. 
In trial testing, FSIS had found CAST to be extremely reliable in 
detecting violative levels of antibiotics and sulfonamides in animal 
tissues.
    FSIS has recently developed a new test that, like CAST, is designed 
to detect the presence of sulfonamide and antibiotic residues in animal 
tissues. FAST is similar to and is performed in a similar manner to 
CAST. The major advantage of FAST is that test results can be obtained 
in 6 hours, instead of the 18-24 hour period required for CAST. FSIS' 
in-plant trial testing of FAST has shown that FAST is equivalent to 
CAST in detecting sulfonamide and antibiotic residues in animal 
tissues.1

    \1\ Results of the in-plant trial for FAST are available for 
review in the Office of the FSIS Docket Clerk, Room 4352, South 
Agriculture Building, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Washington, DC 20250.
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    Therefore, FSIS is amending Sec. 310.21 to add FAST as an 
alternative to CAST for use by inspectors in testing carcasses and 
parts of bob veal calves for sulfonamide and antibiotic residues.

Effective Date

    This rule is being published without a prior proposal because this 
action is viewed as noncontroversial, and FSIS does not anticipate any 
adverse public comments will be received. This rule will be effective 
60 days after the date of publication in the Federal Register unless 
FSIS receives written adverse comments or written notice of intent to 
submit adverse comments within 30 days of the date of publication of 
this rule in the Federal Register.
    If FSIS receives adverse comments or notice of intent to submit 
adverse comments, FSIS will withdraw this rule and publish a proposed 
rule for public comment.
    If no adverse comments are received, FSIS will publish a notice in 
the Federal Register confirming that the rule is effective on the date 
indicated.

Executive Order 12866

    This rule is considered not significant and therefore has not been 
reviewed by the Office of Management and Budget.

Effect on Small Entities

    The Administrator, FSIS, has determined that this rule will not 
have a significant impact on a substantial number of small entities. 
The rule permits the use of an alternate test, which can provide 
results in less than half the time than the original test. Carcasses 
that test negative could be released on the day of slaughter, which 
will modestly benefit the meat industry.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule (1) preempts all State and local laws and 
regulations that are inconsistent 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.

List of Subjects in 9 CFR part 310

    Meat inspection, Residue testing.

    For the reasons discussed in the preamble, FSIS is amending part 
310 of the Federal meat inspection regulations (9 CFR Part 310) as 
follows:

PART 310--[AMENDED]

    1. The authority citation for part 310 continues to read as 
follows:
    Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.

    2. The introductory text and footnote to paragraph (c) of 
Sec. 310.21 are revised to read as follows:

[[Page 66483]]

Sec. 310.21  Carcasses suspected of containing sulfa and antibiotic 
residues; sampling frequency; disposition of affected carcasses and 
parts.

* * * * *
    (c) * * * The inspector shall perform a swab bioassay test 1 
on:

    \1\ The procedures for performing the swab bioassay test are set 
forth in one of two self-instructional guides: ``Performing the 
CAST'' or ``Fast Antimicrobial Screen Test.'' These guides are 
available for review in the office of the FSIS Docket Clerk, Room 
4352 South, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250.
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* * * * *
    Done at Washington, DC, on: December 14, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-31017 Filed 12-21-95; 8:45 am]
BILLING CODE 3410-DM-P
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