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

45359 

Vol. 73, No. 151 

Tuesday, August 5, 2008 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210 and 220 

[FNS–2007–0007] 

RIN 0584–AD65 

School Food Safety Program Based on 

Hazard Analysis and Critical Control 

Point Principles 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Proposed rule. 

SUMMARY: The Child Nutrition and WIC 

Reauthorization Act of 2004 requires 

school food authorities participating in 

the National School Lunch Program 

(NSLP) or the School Breakfast Program 

(SBP) to implement a school food safety 

program for the preparation and service 

of school meals served to children. The 

school food safety program must comply 

with the hazard analysis and critical 

control point (HACCP) system 

established by the Secretary of 

Agriculture. This proposal would enable 

schools to take systematic action to 

prevent or minimize the risk of 

foodborne illness in the NSLP and SBP. 

DATES: Comments must be received on 

or before September 19, 2008 to be 

assured of consideration. 

ADDRESSES: The Food and Nutrition 

Service, USDA, invites interested 

persons to submit comments on this 

proposed rule. Comments may be 

submitted by one of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Preferred 

method; follow the online instructions 

for submitting comments on docket 

FNS–2007–0007. 

• Fax: Submit comments by facsimile 

transmission to: (703) 305–2879, 

attention Robert Eadie. 

• Mail: Comments should be 

addressed to Robert Eadie, Chief, Policy 

and Program Development Branch, 

Child Nutrition Division, Food and 

Nutrition Service, Department of 

Agriculture, 3101 Park Center Drive, 

Room 640, Alexandria, Virginia 22302– 

1594. 

• Hand Delivery or Courier: Deliver 

comments to the Food and Nutrition 

Service, Child Nutrition Division, 3101 

Park Center Drive, Room 640, 

Alexandria, Virginia 22302–1594, 

during normal business hours of 8:30 

a.m.–5 p.m. 

All comments submitted in response 

to this proposed rule will be included 

in the record and will be made available 

to the public. Please be advised that the 

substance of the comments and the 

identity of the individuals or entities 

submitting the comments will be subject 

to public disclosure. FNS will make the 

comments publicly available on the 

Internet via http://www.regulations.gov. 

All submissions will be available for 

public inspection at the address above 

during regular business hours (8:30 a.m. 

to 5:30 p.m.) Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

William Wagoner or Marisol Benesch at 

the above address or by telephone at 

703–305–2590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 111 of the Child Nutrition and 

WIC Reauthorization Act of 2004 (Pub. 

L. 108–265; June 30, 2004) amended 

section 9(h) of the Richard B. Russell 

National School Lunch Act (NSLA) (42 

U.S.C. 1758(h)) by adding the 

requirement that school food authorities 

(SFAs) implement a food safety program 

at each food preparation and service 

facility participating in the NSLP or the 

SBP. The food safety program, which 

became a requirement in the school year 

beginning July 1, 2005, must be based 

on the HACCP system established by the 

Secretary of Agriculture. 

HACCP is a food safety management 

system that focuses on the control of 

biological, chemical and physical 

hazards in food and food preparation 

practices. Through a HACCP-based food 

safety program, schools can identify 

potential food hazards, identify critical 

points where hazards can be controlled 

or minimized using control measures, 

and develop monitoring procedures to 

determine if the hazards identified are 

being effectively controlled. 

This proposed rule is consistent with 

the seven HACCP principles that were 

updated by the 1997 National Advisory 

Committee for Microbiological Criteria 

for Foods. The HACCP principles are: 

1. Perform a hazard analysis. 

2. Decide on critical control points 

(CCPs). 

3. Determine critical limits. 

4. Establish procedures to monitor 

CCPs. 

5. Establish corrective actions. 

6. Establish verification procedures. 

7. Establish a record keeping system. 

In 2003, the Food and Drug 

Administration (FDA) developed the 

Process Approach to HACCP principles 

for use in retail food establishments. 

The Process Approach simplified the 

traditional HACCP procedures by 

grouping foods according to preparation 

process and using the same safety 

procedures for each menu item within 

a group, instead of developing a HACCP 

plan for each item. 

This proposed rule seeks to formally 

establish the requirements for a school 

food safety program based on HACCP 

principles. Implementation of this 

proposal would codify the requirements 

in the ‘‘Guidance for School Food 

Authorities: Developing a School Food 

Safety Program Based on the Process 

Approach to HACCP Principles.’’ The 

Guidance was issued in June 2005, 

pursuant to authority in section 501(a) 

of Public Law 108–265, to provide 

school food authorities immediate and 

practical help to implement a HACCPbased food safety program in the school 

year beginning July 1, 2005. The 

Guidance continues in effect during this 

rulemaking and we expect that the 

HACCP-based food safety programs 

established will remain in place, based 

on the requirements of Public Law 108– 

265. 

The Guidance was developed with 

input from representatives from the 

Food Safety and Inspection Service, 

FDA, National Food Service 

Management Institute (NFSMI), Centers 

for Disease Control and Prevention, 

School Nutrition Association, National 

Environmental Health Association, State 

and local public health agencies, and 

State education agencies, including 

school food service directors. It is 

available at the FNS Web site, http:// 

www.fns.usda.gov/cnd, under the 

headings ‘‘Guidance’’ and ‘‘School Food 

Safety.’’ 

Prior to the amendment to section 

9(h) of the NSLA by section 111 of 

Public Law 108–265, there was no 


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45360 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

1 ‘‘FDA Retail Food Program Database of 

Foodborne Illness Risk Factors’’, U.S. Food and 

Drug Administration, Center for Food Safety and 

Applied Nutrition, August 10, 2000. 

2 ‘‘FDA Report on the Occurrence of Foodborne 

Illness Risk Factors in Selected Institutional 

Foodservice, Restaurant, and Retail Food Store 

Facility Types (2004)’’, U.S. Food and Drug 

Administration, Center for Food Safety and Applied 

Nutrition, September 14, 2004. 

3 In 2000, the Economic Research Service 

estimated human illness costs for five bacterial 

pathogens: Campylobacter, Salmonella 

(nontyphoidal serotypes only), E. coli 0157 and 

non-0157 STEC, and Listeria monocytogenes. 

http://www.ers.usda.gov/Emphases/SafeFood/. 

specific requirement for a food safety 

program of this kind in the NSLP or 

SBP. Schools have maintained a good 

food safety record by monitoring food 

temperatures during refrigeration, 

cooking, and other operational steps as 

required by State and local laws public 

health standards. In recent years, 

however, the public, media, and 

Congress have placed more emphasis on 

protecting children from foodborne 

illnesses. The school meal programs are 

the first segment of retail food service 

operations required by Federal law to 

implement a food safety program based 

on HACCP principles. 

II. The Importance of HACCP in 

Schools 

More than 100,000 schools participate 

in the NSLP and SBP and serve over 36 

million breakfasts and lunches daily. 

Most of these schools follow basic food 

safety procedures and reports of 

foodborne illness in the school meal 

programs are few compared to the 

millions of school meals served daily. 

Although schools are generally safe 

places for children to eat, it is important 

that all schools follow food safety 

practices consistently and 

systematically. Reports issued by FDA 

in 2000 1 and 2004 2 showed that 

improper holding/time and 

temperatures and inadequate personal 

hygiene are foodborne illness risk 

factors in a number of elementary 

schools. 

As recognized by the 2005 ‘‘Dietary 

Guidelines for Americans,’’ food safety 

is a vital aspect of healthy eating. There 

is concern for school food safety 

because large numbers of children could 

be affected if foodborne illness occurs in 

schools. Schools also feed many young 

children, a population group that is at 

a higher risk of becoming seriously ill or 

dying from foodborne illnesses. 

Furthermore, foodborne illness 

outbreaks have an effect on families and 

communities in terms of medical costs 

and losses in productivity.3 Obviously, 

public confidence and student 

participation in the school meal 

programs also would be affected. 

Congress demonstrated its concern 

regarding food safety in the school meal 

programs in two ways in Public Law 

108–265. First, it increased the number 

of inspections by State or local food 

safety agencies that SFAs must obtain, 

required public notification of the 

reports of such inspections, and 

required State and Federal audits to 

assure that the inspections are obtained. 

These requirements were implemented 

in an interim rule published in the 

Federal Register on June 15, 2005. 

Second, the legislation mandates that 

SFAs implement HACCP-based food 

safety programs and establishes 

technical assistance and training related 

to HACCP to help SFAs in these efforts. 

The legislation strikes a balance which 

recognizes and supports the traditional 

role of State and local food safety 

agencies in assuring compliance with 

food safety standards, while 

encouraging SFAs to maintain highly 

effective food safety practices through 

HACCP-based programs with technical 

assistance and training from the Federal 

level. 

It is important to note that the 

legislation does not create new food 

safety responsibilities for State 

educational agencies or for FNS. The 

role of the State educational agencies 

and FNS is to ensure that SFAs obtain 

the required State or local food safety 

inspections, that SFAs implement 

HACCP-based food safety programs, and 

that SFAs have technical assistance and 

training available. None of these roles is 

intended to duplicate or interfere in any 

way with the responsibilities of the 

State and local food public health 

agencies. 

HACCP focuses school food safety 

efforts on prevention, since it is 

designed to avoid problems and detect 

and correct unsafe conditions before a 

meal is served. The HACCP requirement 

complements current NSLP efforts, such 

as the School Meals Initiative, aimed at 

improving the quality of meals served to 

millions of school children daily. 

III. The ‘‘Process Approach’’ to HACCP 

This proposal and the Guidance 

issued by FNS to help SFAs develop a 

school food safety program are based on 

the Process Approach to HACCP, a 

modified version of traditional HACCP. 

The Process Approach was developed 

by FDA for retail food service settings 

such as restaurants. FNS further adapted 

FDA’s Process Approach specifically for 

school food service operations. 

The Process Approach to HACCP 

classifies menu items into three broad 

categories. These categories, listed 

below, are based on whether or not a 

menu item takes a complete trip through 

the temperature danger zone (41 °F to 

135 °F) during preparation and service 

and how many times it does so. The 

way that a particular menu item is 

handled at each food preparation or 

service facility will determine the 

category for the menu item. 

• Process I: No Cook Step—No 

cooking is involved, so the menu item 

does not make a complete trip through 

the temperature danger zone. 

• Process II: Same Day Service—The 

menu item takes one complete trip 

through the temperature danger zone 

(during cooking) and is served. 

• Process III: Complex Food 

Preparation—The menu item goes 

through both cooking and cooling, and 

possibly reheating, taking two or more 

complete trips through the temperature 

danger zone. 

The Process Approach makes it easier 

to apply HACCP principles in school 

food service operations. Under the 

Process Approach, it is not necessary to 

conduct a hazard analysis for each 

menu item. All menu items in a process 

category share similar types of hazards 

and require the same control measures. 

In addition, the critical control points 

for all the menu items in a category are 

easily identified. For example, all menu 

items in Process 2 require proper 

cooking and hot holding to prevent or 

eliminate biological hazards. 

Another advantage of the Process 

Approach is that it meets the needs of 

the individual food service operations. 

The Process Approach works in central 

kitchens, satellite sites, service-only 

sites, and on-site preparation facilities. 

The Process Approach to HACCP is a 

simpler method for school food service 

operations than traditional HACCP. 

However, this proposal would allow 

SFAs that currently have a food safety 

program based on traditional HACCP to 

retain their program after consultation 

with the State Agency (SA) to ensure 

that the program meets all the elements 

described in this proposal. 

IV. Resources for Schools 

FNS recognizes while most SFAs 

already follow HACCP principles, 

others require assistance to implement 

this type of food safety management 

system. One resource for SFAs and SAs 

is the Guidance we distributed in June 

2005 to help each SFA develop a 

practical food safety program that meets 

the needs and capabilities of sites under 

its jurisdiction. The Guidance provides 

simple instructions for developing a 

HACCP-based food safety program, and 

includes many examples of Standard 

Operating Procedures (SOPs) and 


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prototype recordkeeping forms. SFAs 

can consult the Guidance for ideas on 

SOPs and recordkeeping forms for their 

operation and may use the sample forms 

provided in the Guidance, create new 

forms or modify existing ones, if 

necessary. 

We expect that as SFAs and food 

service workers gain experience and 

become comfortable with their food 

safety program, obstacles to 

accomplishing monitoring and 

recordkeeping tasks will gradually 

diminish. We encourage SAs and SFAs 

to take advantage of the training and 

educational resources available from 

NFSMI. Section 125 of Public Law 108–

265 amended section 21(c)(2)(B) of the 

NSLA (42 U.S.C. 1769b(c)(2)(B)), adding 

to the duties of the NFSMI the 

responsibility to provide training and 

technical assistance to SAs and SFAs on 

HACCP, among other food safety issues. 

The NFSMI Help Desk is also available 

to provide general information on food 

safety and HACCP (800–321–3054, 8 

a.m.–5 p.m., central time). 

V. Roles and Responsibilities 

Section 9(h) of the NSLA requires 

each SFA to implement a food safety 

program that complies with the 

Secretary’s HACCP principles for each 

meal served as part of the NSLP or SBP. 

This proposal would require each SFA 

to develop a program for each food 

preparation and service facility under 

its jurisdiction. As stated in § 210.13(c) 

of this proposal, the food safety program 

would include SOPs and be based on 

HACCP principles, which can be 

applied more easily by following the 

Process Approach. Since hazard 

analysis and control measures are built 

into the Process Approach, an SFA 

would primarily have to establish 

procedures (if none currently exist) to 

monitor and record time and 

temperature at operational steps 

designated as critical control points 

(refrigeration, cooking, cooling, 

reheating, and holding). 

Because each school food service 

operation is unique and they vary 

widely in complexity, the SFA would 

have to determine what critical control 

points need to be monitored and 

recorded, how to document them, who 

will do so and how frequently. Records 

such as temperature logs and written 

SOPs would be necessary to 

demonstrate that a food safety program 

is in place. 

We would strongly encourage food 

service operations to use existing 

records to document control measures 

and corrective actions. While records 

must be accurate, they need not be 

elaborate. Prototype forms provided in 

the Guidance are optional and may be 

used or adapted at the discretion of the 

SFA. 

Section 210.15(b)(5) of this proposal 

would require that documentation be 

kept for two years, the current one and 

the prior school year. As stated in 

§ 210.18(h)(6) of this proposal, food 

safety records would be examined 

during program reviews, such as the 

Coordinated Review Effort. 

In addition, § 210.18(h)(6) of this 

proposal would require an SFA to 

conduct periodic reviews at each food 

preparation and service facility to verify 

that control measures, corrective action, 

and recordkeeping are being performed 

regularly and in accordance with the 

SFA’s written program. This review 

could be done in conjunction with the 

annual on-site review conducted under 

§ 210.8(a)(1). 

This proposal would not require SFAs 

to seek outside sources to conduct 

periodic reviews or to assess the validity 

of the food safety program. SFAs have 

discretion to seek help from any State or 

local food safety professional (e.g., 

health inspector) who has a thorough 

understanding of HACCP to assist with 

the reviews or assessments and other 

activities such as staff training. Neither 

section 111 of Public Law 108–265 nor 

this proposal require State or local 

public health agencies to develop, 

monitor, or validate the school food 

safety programs. However, FNS 

anticipates that those agencies will be 

available, as their resources permit, to 

assist SFAs and schools with their food 

safety efforts. 

Primary responsibility for the 

implementation of the food safety 

program at each school would rest on 

the food service or cafeteria manager; 

however, the success of the program is 

largely determined by the employees. 

Therefore, it is important that 

employees, including temporary help, 

be aware of the importance of following 

the complete food safety program. 

As with any program question, SFAs 

should go to their SA for clarification or 

assistance with food safety. 

SAs would be expected to provide 

technical assistance and training to their 

SFAs to facilitate compliance with this 

requirement, in accordance with 

existing §§ 210.19(a)(4) and 220.13(f)(1) 

and new § 210.18(h)(6) of this proposal. 

This could be accomplished through 

collaboration with various sources, 

including NFSMI and contractors. SAs 

would confirm implementation of the 

food safety program through 

administrative reviews, SMI evaluations 

and other means. If an SFA only 

participates in the SBP, the SA would 

still be required to confirm compliance 

with this rule as stated in current 

§ 220.13(k) and § 220.7(a)(3) of this 

proposal. 

It is important to note that satisfactory 

implementation of the HACCP-based 

food safety program would not exempt 

schools from obtaining two food safety 

inspections per school year, which is a 

requirement in § 210.13(b) established 

through another amendment to section 

9(h) of the NSLA by section 111 of 

Public Law 108–265 and its 

implementing interim rule (70 FR 

34627) published on June 15, 2005. 

These two independent, but related, 

requirements work together to help 

ensure the delivery of safe foods to 

children in the school meal programs. 

VI. Procedural Matters 

Executive Order 12866 

This proposed rule has been 

determined to be significant and was 

reviewed by the Office Management and 

Budget in conformance with Executive 

Order 12866. 

Regulatory Impact Analysis 

Need for Action 

This proposal is needed to codify the 

statutory requirement that SFAs 

participating in the NSLP and the SBP 

develop HACCP-based food safety 

programs for the preparation and service 

of school meals. 

Benefits 

Implementing HACCP-based food 

safety programs in schools would enable 

schools to take a systematic approach to 

food safety and reduce the risk of 

foodborne illnesses in the school meals 

programs serving over 30 million 

children nationwide. 

Costs 

The Regulatory Impact Analysis 

estimates the total cost associated with 

implementing a HACCP-based food 

safety program at $42.5 million in the 

first year of implementation. FNS 

expects that the subsequent annual costs 

associated with this proposal would 

decline as one-time program 

development efforts are completed, with 

5-year costs totaling $99.3 million (in 

2006 dollars, discounted at a 7% rate). 

Regulatory Flexibility Act 

This proposal has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). This proposed rule would 

require SFAs to implement a HACCPbased food safety program in each of the 

food preparation and service facilities 

under their jurisdiction. Existing 

program regulations under § 210.13(a) 


dwashington3 on PRODPC61 with PROPOSALS
45362 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

require that SFAs follow proper 

sanitation and health standards 

established under State and local law. 

Some SFAs already follow HACCP 

principles or have SOPs, which are 

elements of the proposed school food 

safety program. FNS and NFSMI 

provide technical assistance and 

training programs which would help 

SFAs implement the proposed food 

safety program. For these reasons, this 

proposal does not impose a significant 

economic impact on small entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

FNS must generally prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local or 

tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. When such a 

statement is needed for a rule, section 

205 of the UMRA generally requires 

FNS to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

more cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. Although the food safety 

program in this proposal entails training 

and recordkeeping costs, this rule 

contains no Federal mandates (under 

the regulatory provisions of Title II of 

the UMRA) for State, local, and tribal 

governments or the private sector of 

$100 million or more in any one year. 

Thus, this proposed rule is not subject 

to the requirements of UMRA. 

Executive Order 12372 

The National School Lunch Program 

is listed in the Catalog of Federal 

Domestic Assistance under No. 10.555, 

and the School Breakfast Program is 

listed under No. 10.553. For the reasons 

set forth in the final rule in 7 CFR part 

3015, Subpart V and related Notice (48 

FR 29115), these programs are included 

in the scope of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. 

Federalism Summary Impact Statement 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under section 

(6)(b)(2)(B) of Executive Order 13132. 

Prior Consultation With State and Local 

Officials 

Shortly after passage of the Child 

Nutrition and WIC Reauthorization Act 

of 2004, FNS met with officials from 

State education agencies to discuss the 

new school food safety requirements 

and to hear their concerns. FNS also 

solicited input from the Food Safety and 

Inspection Service, Food and Drug 

Administration, National Food Service 

Management Institute, Centers for 

Disease Control and Prevention, School 

Nutrition Association, National 

Environmental Health Association, State 

and local public health agencies, and 

State education agencies, including 

school food service directors, to develop 

the HACCP guidance as authorized by 

Title V of the Child Nutrition and WIC 

Reauthorization Act of 2004. This 

proposal takes into account the 

stakeholders’ concerns. 

Nature of Concerns and Need To Issue 

This Rule 

Some State and local officials raised 

concerns that school food service 

personnel may lack the expertise and 

time to properly implement a HACCPbased food safety program. Others 

expressed concern that the proposed 

requirement will increase the workload 

of school foodservice personnel. The 

HACCP-based food safety program is a 

non-discretionary requirement 

established by the Child Nutrition and 

WIC Reauthorization Act of 2004 that 

requires the use of procedures that are 

generally regarded as essential in 

institutional food service operations. To 

address the stakeholders’ concerns, FNS 

offered schools the Process Approach to 

HACCP, which is an easier method to 

apply HACCP principles than those 

normally used in a retail food service 

operation. FNS adapted the Process 

Approach to HACCP to specifically fit 

the school food service operation. 

Extent to Which FNS Meets Those 

Concerns 

FNS issued a guidance document on 

June 10, 2005 to help SFAs implement 

a school food safety program based on 

HACCP principles. The guidance 

document provides step-by-step 

instructions for implementing the food 

safety program, and includes a sample 

plan and prototype recordkeeping 

forms. In addition, the National Food 

Service Management Institute, which 

was statutorily established as a resource 

for SFAs and others, developed a 

nationwide training programs and 

technical assistance materials to help 

State agencies assist their SFAs in 

implementing the HACCP-based food 

safety program. FNS will assess the 

need for additional training and 

technical assistance resources as we 

learn about program experience at the 

State and local levels. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule, when published 

final, is intended to have preemptive 

effect with respect to any State or local 

laws, regulations or policies which 

conflict with its provisions or which 

would otherwise impede its full 

implementation. This rule is not 

intended to have retroactive effect 

unless so specified in the Dates 

paragraph of the final rule when 

published. Prior to any judicial 

challenge to the provisions of this rule 

or the application of its provisions, all 

applicable administrative procedures 

under § 210.18(q) or § 235.11(f) must be 

exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed this proposed rule 

in accordance with the Department 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis,’’ to identify any major civil 

rights impacts the rule might have on 

children on the basis of age, race, color, 

national origin, sex or disability. After a 

careful review of the rule’s intent and 

provisions, FNS has determined that it 

does not affect the participation of 

protected individuals in the NSLP and 

SBP. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. This proposed rule contains 

information collections that are subject 

to review and approval by OMB; 

therefore, FNS is submitting for public 

comment the changes in the information 

collection burden that would result 

from adoption of the proposals in the 

rule. 

Comments must be received by 

October 6, 2008. 

Comments may be sent to Office of 

Information and Regulatory Affairs, 

OMB, Attention—Desk Officer for FNS, 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45363 

either by fax to 202–395–6974 or by 

e-mail to 

OIRA_submission@omb.eop.gov. Please 

also send a copy of your comments or 

requests for information to: Robert M. 

Eadie, Chief, Policy and Program 

Development Branch, Child Nutrition 

Division, Food and Nutrition Service, 

U.S. Department of Agriculture, 3101 

Park Center Drive, Room 636, 

Alexandria, Virginia 22302. FNS may 

make the comments publicly available 

by posting them on http:// 

www.regulations.gov. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Title: 7 CFR 210, National School 

Lunch Program. 

OMB Number: 0584–0006. 

Expiration Date: 03/31/2009. 

Type of Request: Revision of currently 

approved information collection. 

Abstract: Public Law 108–265; June 

30, 2004, amended section 9(h) of the 

Richard B. Russell National School 

Lunch Act (NSLA) (42 U.S.C. 1758(h)) 

by adding the requirement that school 

food authorities (SFAs) implement a 

food safety program at each food 

preparation and service facility 

participating in the National School 

Lunch Program (NSLP) or School 

Breakfast Program (SBP). The food 

safety program must be based on the 

Hazard Analysis Critical Control Point 

(HACCP) system established by the 

Secretary of Agriculture and 

implemented in the school year 2005–

2006. Through a HACCP-based food 

safety program, schools can identify 

potential food hazards, identify critical 

points where hazards can be controlled 

or minimized using control measures, 

and develop monitoring procedures to 

determine if the hazards identified are 

being effectively controlled. 

ESTIMATED ANNUAL BURDEN

Reporting Section Number of 

respondents 

Annual 

frequency 

Average 

burden per 

response 

Annual burden 

hours 

State agency confirms that each school food authority has a food safety program based on 

HACCP principles. New Burden.

7 CFR 210.18(h)(6) ... 57 61 1 3,477 

SFA implements a food safety program based on 

HACCP principles for each food preparation and 

service facility under its jurisdiction. New burden.

7 CFR 210.13(c) ....... 20,710 1 76 1,573,960 

Total New Reporting ......................................... .................................... ........................ ........................ ........................ 1,577,437 

Recordkeeping Section 

Annual 

number of 

respondents 

Annual 

frequency 

Average 

burden per 

response 

Annual burden 

hour 

Schools maintain records from food safety program. New Burden.7 CFR 210.15(b)(5) ... 100,398 180 .02 361,433 

Total New Recordkeeping ................................ .................................... ........................ ........................ ........................ 361,433 

Total Burden Requested ................................... .................................... ........................ ........................ ........................ 1,938,870 

Those respondents participating in 

the School Breakfast Program also 

participate in the National School 

Lunch Program, thus the burden 

associated with the School Breakfast 

Program will be carried in the National 

School Lunch Program. 

Estimated Number of Respondents: 

121,165. 

Estimated Number of Responses per 

Respondent: 149. 

Estimated Hours per Response: .1. 

Estimated Total Annual Burden: 

1,938,870. 

E-Government Act 

FNS is committed to complying with 

the E-Government Act to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects 

7 CFR Part 210 

Grant programs—education, Grant 

programs-health, Infants and children, 

Nutrition, Penalties, Reporting and 

recordkeeping requirements, School 

breakfast and lunch programs, Surplus 

agricultural commodities. 

7 CFR Part 220 

Grant programs—education, Grant 

programs—health, Infants and children, 

Nutrition, Reporting and recordkeeping 

requirements, School breakfast and 

lunch programs. 

Accordingly, 7 CFR parts 210 and 220 

are proposed to be amended as follows: 

PART 210—NATIONAL SCHOOL 

LUNCH PROGRAM 

1. The authority citation for 7 CFR 

part 210 continues to read as follows: 

Authority: 42 U.S.C. 1751–1760, 1779. 

2. In § 210.9, revise paragraph (b)(14) 

to read as follows: 

§ 210.9 Agreement with State agency. 

* * * * * 

(b) * * * 

(14) Maintain, in the storage, 

preparation and service of food, proper 

sanitation and health standards in 

conformance with all applicable State 

and local laws and regulations, and 

comply with the food safety 

requirements of § 210.13; 

* * * * * 


dwashington3 on PRODPC61 with PROPOSALS
45364 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

3. In § 210.13, redesignate paragraph 

(c) as paragraph (d), and add a new 

paragraph (c) to read as follows: 

§ 210.13 Facilities management. 

* * * * * 

(c) Food safety program. The school 

food authority must develop a written 

food safety program for each of its food 

preparation and service facilities that 

meets the requirements in paragraph 

(c)(1) or paragraph (c)(2) of this section. 

(1) A school food authority with a 

food safety program based on traditional 

hazard analysis and critical control 

point (HACCP) principles must: 

(i) Perform a hazard analysis; 

(ii) Decide on critical control points; 

(iii) Determine the critical limits; 

(iv) Establish procedures to monitor 

critical control points; 

(v) Establish corrective actions; 

(vi) Establish verification procedures; 

and 

(vii) Establish a recordkeeping system. 

(2) A school food authority with a 

food safety program based on the 

process approach to HACCP must 

ensure that its program includes: 

(i) Standard operating procedures to 

provide a food safety foundation; 

(ii) Menu items grouped according to 

process categories; 

(iii) Critical control points and critical 

limits; 

(iv) Monitoring procedures; 

(v) Corrective action procedures; 

(vi) Recordkeeping procedures; and 

(vii) Periodic program review and 

revision. 

* * * * * 

4. In § 210.15, 

a. Revise the introductory text in 

paragraph (b); and 

b. Revise paragraph (b)(5). 

The revisions read as follows: 

§ 210.15 Reporting and recordkeeping. 

* * * * * 

(b) Recordkeeping summary. In order 

to participate in the Program, a school 

food authority or a school, as applicable, 

must maintain records to demonstrate 

compliance with Program requirements. 

These records include but are not 

limited to: 

* * * * * 

(5) Records from the food safety 

program for the current and prior school 

year to demonstrate compliance with 

§ 210.13(c), and records from the most 

recent food safety inspection to 

demonstrate compliance with 

§ 210.13(b). 

5. In § 210.18, add a new paragraph 

(h)(6) to read as follows: 

§ 210.18 Administrative reviews. 

* * * * * 

(h) * * * 

(6) Food safety. The State Agency 

must examine records to confirm that 

each school food authority under its 

jurisdiction meets the food safety 

requirements of § 210.13. 

* * * * * 

PART 220—SCHOOL BREAKFAST 

PROGRAM 

1. The authority citation for 7 CFR 

part 220 continues to read as follows: 

Authority: 42 U.S.C. 1773, 1779, unless 

otherwise noted. 

2. In § 220.7: 

a. Add a new paragraph (a)(3); and 

b. Revise paragraph (e)(8). 

The addition and revision read as 

follows: 

§ 220.7 Requirements for participation. 

(a) * * * 

(3) A school food authority must 

implement a food safety program 

meeting the requirements of part 210 of 

this chapter at each of the food 

preparation and service facilities under 

its jurisdiction. 

* * * * * 

(e) * * * 

(8) Maintain, in the storage, 

preparation and service of food, proper 

sanitation and health standards in 

conformance with all applicable State 

and local laws and regulations, and 

comply with the food safety 

requirements in paragraph (a)(2) and 

paragraph (a)(3) of this section; 

* * * * * 

Dated: July 28, 2008. 

Kate Houston, 

Acting Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. E8–17941 Filed 8–4–08; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 24 

[Docket No. USCBP 2007–0111] 

RIN 1505–AB97 

Electronic Payment and Refund of 

Quarterly Harbor Maintenance Fees 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend title 19 of the Code of Federal 

Regulations by prescribing alternative 

procedures by which payers of the 

quarterly harbor maintenance fee (HMF) 

may submit their payments or refund 

requests to Customs and Border 

Protection (CBP) electronically via an 

Internet account established by the 

payer and located at http:// 

www.pay.gov. CBP will continue to 

accept quarterly HMF payments or 

refund requests via mail. It is also 

proposed to clarify the regulations to 

state that each HMF quarterly payment, 

whether paper or electronic, must be 

accompanied by a CBP Form 349 (HMF 

Quarterly Summary Report). The 

changes proposed in this document are 

intended to provide the trade with 

expanded electronic payment/refund 

options for quarterly HMFs and to 

modernize and enhance CBP’s port use 

fee collection efforts. 

DATES: Comments must be received on 

or before October 6, 2008. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP 2007–0111. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue, 

NW., (Mint Annex), Washington, DC 

20229. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, U.S. Customs 

and Border Protection, 799 9th Street, 

NW., 5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 572–

8768. 


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