This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19685

Vol. 60, No. 76

Thursday, April 20, 1995

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 94–027P]

RIN 0583–AB84

Transporting Undenatured Poultry Feet

to Other Establishments for

Processing Prior to Export

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is proposing

to amend the poultry products

inspection regulations to permit the

transportation of undenatured poultry

feet from one federally inspected

poultry establishment to another

establishment for further processing

before the feet are exported.

Establishments would be permitted to

ship undenatured poultry feet to

another establishment for export

provided that the receiving

establishment maintains records that

identify the incoming undenatured

poultry feet, their source, and their

location at all times during processing.

The receiving establishment would be

required to certify in writing that the

poultry feet have not been, nor will be,

commingled with other products

intended for human consumption

within the United States. We are

initiating this rulemaking in response to

a petition submitted to the Agency by

DanD Food Marketing, Inc., Springfield,

MO.

DATES: Comments must be received on

or before June 19, 1995.

ADDRESSES: Submit written comments

in triplicate to Diane Moore, Docket

Clerk, U.S. Department of Agriculture,

Food Safety and Inspection Service,

Room 3171–S, Washington, DC 20250–

3700. Please refer to docket number 94–

027P in your comments. Any person

desiring an opportunity for oral

presentation of views as provided under

the Poultry Products Inspection Act

should contact Dr. Paula M. Cohen at

(202) 720–7164 so that arrangements

can be made. All comments submitted

in response to this proposal will be

available for public inspection in the

Docket Clerk’s Office between 8:30 a.m.

and 1:00 p.m., and 2:00 p.m. and 4:30

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dr.

Paula M. Cohen, Director, Regulations

Development, Policy, Evaluation and

Planning Staff, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700; (202) 720–7164.

SUPPLEMENTARY INFORMATION:

Background

Section 9 of the Poultry Products

Inspection Act (21 U.S.C. 458) prohibits

the sale, [or] transportation, * * * from

an official establishment, [of] any

slaughtered poultry from which the

* * * feet * * * have not been

removed * * * except as may be

authorized by regulations of the

Secretary. Section 381.147(b) of the

poultry products inspection regulations

(9 CFR 381.147(b)) permits the

processing of poultry feet for use as

human food when handled in a manner

approved by the [FSIS] Administrator in

specific cases. 9 CFR 381.190(b) permits

poultry feet collected and handled in an

acceptable manner at an official

establishment to be shipped from the

official establishment and in commerce

directly for export for further processing

as human food, if they have been

examined, found to be suitable for such

purpose, and labeled as prescribed.

In 1994, DanD Food Marketing, Inc.,

Springfield, MO, a poultry slaughterer

and processor, petitioned FSIS to amend

the poultry products inspection

regulations to permit the transportation

of undenatured poultry feet from one or

more establishments to another

establishment, where the feet would be

further processed for export. The

petitioner provided FSIS with

documents that set forth the procedures

and safeguards that would be used by

the receiving establishment when

handling and processing the

undenatured poultry feet. FSIS has

reviewed the information submitted by

the petitioner and has determined that

the proposed procedures would ensure

that the undenatured poultry feet are

neither diverted to nor commingled

with any product intended for domestic

use.

The foreign demand for poultry feet

continues to increase. However, as

currently written, 9 CFR 381.190(b) does

not permit an exporter of poultry feet to

ship undenatured product from one

slaughter establishment to a central

establishment for processing before

export. To prevent the possible

commingling of the poultry feet with

poultry products intended for domestic

consumption, exporters must ship the

poultry feet directly overseas from the

original slaughter establishment. As a

result, it is difficult for the exporters to

keep up with the foreign demand for the

poultry feet due to a lack of space and

manpower in some slaughter

establishments. As long as the

establishment official at the receiving

processing establishment remains

accountable for the location of the

poultry feet at all times before their

export, this proposal would allow them

to use a central establishment for preexport processing. Furthermore, when

poultry feet are handled in accordance

with 9 CFR 381.190(c), sanitary

transportation conditions are

maintained, and the possibility of the

product becoming contaminated or

adulterated while en route to another

establishment for processing prior to

export is minimized. Therefore, we are

proposing to amend the regulations to

allow the transportation of undenatured

poultry feet from one or more

establishments to another official

establishment for further processing

before export.

Section 381.175(a) of the poultry

products inspection regulations requires

that every person, firm, or corporation

engaged in certain activities related to

poultry production and distribution

maintain records which fully and

correctly disclose all transactions

involved in the business. Section

381.175(b) details the kinds of records

that must be maintained, but does not

specify the format for such

recordkeeping. ‘‘Transactions’’ have

been traditionally interpreted by FSIS to

be sales, purchases, transportation,

receipt, or handling of poultry products

that would demonstrate the sources of

the poultry products.

This proposal would require those

processing establishments that receive

undenatured poultry feet from slaughter

establishments for further processing
19686 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

before export overseas to maintain

records that identify the incoming

product, i.e, poultry feet, and their

source, and identify the location of the

product at all times during the

processing and preparation for export.

In addition, an establishment official

would certify that the poultry feet have

not been and will not be commingled

with any products intended for human

consumption within the United States.

These recordkeeping requirements

would enable FSIS and the receiving

processing establishments to accurately

identify and locate the undenatured

poultry feet intended for export while

still in the central establishment. FSIS

could then determine that the product

has not been commingled with any

products intended for domestic

consumption.

Executive Order 12866

This proposed rule has been

determined to be not significant and

therefore has not been reviewed by the

Office of Management and Budget.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. States and local

jurisdictions are preempted under the

Poultry Products Inspection Act (PPIA)

from imposing any marking or

packaging requirements on federally

inspected poultry products that are in

addition to, or different than, those

imposed under the PPIA. States and

local jurisdictions may, however,

exercise concurrent jurisdiction over

poultry products that are outside official

establishments for the purpose of

preventing the distribution of poultry

products that are misbranded or

adulterated under the PPIA, or, in the

case of imported articles, which are not

at such an establishment, after their

entry into the United States. Under the

PPIA, States that maintain poultry

inspection programs must impose

requirements on State inspected

products and establishments that are at

least equal to those required under the

PPIA. These States may, however,

impose more stringent requirements on

such State inspected products and

establishments.

This proposed rule is not intended to

have retroactive effect.

There are no applicable

administrative procedures that must be

exhausted prior to any judicial

challenge to the provisions of this

proposed rule. However, the

administrative procedures specified in 9

CFR 381.35 must be exhausted prior to

any judicial challenge of the application

of the provisions of this proposed rule,

if the challenge involves any decision of

an FSIS employee relating to inspection

services provided under the PPIA.

Effect on Small Entities

The Administrator has made an initial

determination that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities, as defined by the Regulatory

Flexibility Act (5 U.S.C. 601). This

proposal would require establishments

that receive undenatured poultry feet for

processing prior to export to record the

source of the incoming product, identify

its location at all times during

processing and preparation for export,

and certify that the product has not

been, nor will be, commingled with any

product intended for domestic use.

While some establishments may have to

change their current recordkeeping

practices and make changes to their

production practices to accommodate

the proposed recordkeeping

requirements, no significant economic

impact would be imposed on the

establishments.

Paperwork Requirements

Under this proposed rule, receiving

poultry processing establishments

would be required to maintain records

that indicate the source of the incoming

undenatured poultry feet, and track the

poultry feet through processing and

preparation for export. In addition, an

official of the receiving establishment

would certify in writing that the feet

have not been, nor will be, commingled

with any product intended for

consumption in the United States.

Establishments would develop their

own systems for gathering and

maintaining this information. These

recordkeeping requirements have been

submitted to the Office of Management

and Budget for approval under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 9 CFR Part 381

Exports, Poultry and poultry

products, Reporting and recordkeeping

requirements, Transportation.

For the reasons set forth in the

preamble, FSIS is proposing to amend 9

CFR part 381 as follows:

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

1. The authority citation for part 381

would continue to read as follows:

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21

U.S.C. 451–470; 7 CFR 2.17, 2.55.

2. Section 381.190 would be amended

by revising the phrase ‘‘in subpart C or

T’’ in the first sentence of paragraph (b)

to read ‘‘in this subsection and subpart

C or T’’ and disignating that sentence as

paragraph (b)(1); revising the second

sentence and designating it and the final

two sentences of paragraph (b) as

paragraph (b)(2), and adding a new

paragraph (b)(3) to read as follows:

§ 381.190 Transactions in slaughtered

poultry and other poultry products

restricted; vehicle sanitation requirements.

* * * * *

(b)(1) * * *

(2) Poultry heads and feet that are

collected and handled at an official

establishment in an acceptable manner

may be shipped from the official

establishment directly for export as

human food, if they have been

examined and found to be suitable for

such purpose, by an inspector and are

labeled as prescribed in this paragraph.

* * *

(3) Poultry heads and feet that are

collected and handled at an official

establishment in an acceptable manner

may be shipped from the official

establishment and in commerce directly

to another official establishment for

processing before export, provided the

receiving establishment maintains

records that:

(i) Identify the source of the incoming

undenatured poultry feet;

(ii) Identify the location of the

product at all times during processing

and preparation for export; and

(iii) Contain a written certification

from an official of the receiving

establishment that the undenatured

poultry feet intended for export have

not been, and will not be, commingled

with any product intended for

consumption in the United States. The

receiving establishment may only ship

the undenatured poultry feet intended

for export in accordance with the

inspection and labeling requirements of

paragraph (b)(2) of this section.

* * * * *

Dated: April 12, 1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–9665 Filed 4–19–95; 8:45 am]

BILLING CODE 3410–DM–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

Public Meeting on Results of Pilot Site

Visits and Revision to Maintenance

Inspection Guidance

AGENCY: Nuclear Regulatory

Commission.

ACTION: Announcement of meeting.