Department of Agriculture

Vol. 80 Wednesday, No. 231 December 2, 2015 Part III Department of Agriculture Food Safety and Inspection Service 9 CFR Parts 300, 441, 530, et al. Mandatory Inspection of Fish of the Order Siluriformes and Products Derived From Such Fish; Final Rule VerDate Sep<11>2014 18:27 Dec 01, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02DER2.SGM 02DER2 mstockstill on DSK4VPTVN1PROD with RULES2 75590 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations DEPARTMENT OF AGRICULTURE showing the equivalence of their ‘‘fish of the order Siluriformes,’’ Siluriformes inspection systems with ‘‘Siluriformes fish,’’ or simply ‘‘fish,’’ Food Safety and Inspection Service that of the United States. Foreign understood to mean, for purposes of the countries submitting such final regulations, any fish of the order 9 CFR Parts 300, 441, 530, 531, 532, documentation by the deadline are Siluriformes. 533, 534, 537, 539, 540, 541, 544, 548, permitted to continue exporting • The retail store exemption includes, 550, 552, 555, 557, 559, 560, and 561 Siluriformes fish and fish products to as an exempt retail operation, the slaughter of fish at retail stores or [Docket No. FSIS–2008–0031] the United States while FSIS undertakes an evaluation as to equivalency. restaurants for consumers who purchase RIN 0583–AD36 Date of Full Enforcement (September the fish at those facilities, and in 1, 2017): FSIS will fully enforce these accordance with the consumers’ request. • Mandatory Inspection of Fish of the regulations in domestic Siluriformes Fish with unusual gross deformities Order Siluriformes and Products fish products and fish processing caused by disease or chemical Derived From Such Fish establishments. Foreign countries contamination (rather than merely with AGENCY: Food Safety and Inspection seeking to continue exporting gross deformities) are not to be used for Service. Siluriformes fish and fish products to human food (9 CFR 539.1(d)). • The labeling regulations (9 CFR ACTION: Final rule. the United States upon full enforcement are required to submit their 541.7) permit the use of the term SUMMARY: The Food Safety and documentation showing equivalence by ‘‘catfish’’ only on labels of fish classified Inspection Service (FSIS) is amending this date. within the family Ictaluridae, consistent with provisions of the Federal Food, its regulations to establish a mandatory FOR FURTHER INFORMATION CONTACT: inspection program for fish of the order Drug, and Cosmetic (FD&C) Act (21 Daniel Engeljohn, Assistant U.S.C. 321d (a) and 343(t)). Fish of the Siluriformes and products derived from Administrator, Office of Policy and these fish. These final regulations order Siluriformes, from families other Program Development, FSIS, U.S. than Ictaluridae, must be labeled with implement the provisions of the 2008 Department of Agriculture, 1400 and 2014 Farm Bills, which amended an appropriate common or usual name. Independence Avenue SW., • The labeling regulations (9 CFR the Federal Meat Inspection Act, Washington, DC 20250–3700, (202) 205– 541.7) require packages of Siluriformes mandating FSIS inspection of 0495. fish and fish products that are not Siluriformes. SUPPLEMENTARY INFORMATION: ready-to-eat to bear safe-handling DATES: Effective Date: March 1, 2016. Executive Summary instructions to include ‘‘fish’’ in the On the effective date (March 1, 2016), rationale statement, i.e., ‘‘This product Siluriformes fish and fish products are The 2008 Farm Bill amended the was prepared from inspected and under FSIS jurisdiction. By March 1, Federal Meat Inspection Act (FMIA), to passed fish, ’’and in the labeling 2016, foreign countries seeking to make ‘‘catfish’’ a species amenable to statements, i.e., ‘‘Keep raw fish from continue exporting Siluriformes fish the FMIA and, therefore, subject to FSIS other foods. Wash working surfaces and fish products to the United States inspection. In addition, the 2008 Farm (including cutting boards), utensils, and during the transitional period are Bill gave FSIS the authority to define hands after touching raw fish.’’ required to submit lists of the term ‘‘catfish.’’ • The labeling regulations (9 CFR establishments (with the establishment On February 24, 2011, FSIS published 541.7) to clarify that the labeling of fish name and number) that currently export a proposed rule that outlined a covered commodities sold by a retailer and will continue to export Siluriformes mandatory catfish inspection program bear country of origin and method of fish and fish products to the United and presented two options for defining production information, in compliance States. Foreign countries are also ‘‘catfish’’: One option was to define with the requirements in 7 CFR part 60, required to submit documentation catfish narrowly as those fish belonging subpart A, Country of Origin Labeling showing that they currently have laws to the family Ictaluridae. The other for Fish and Shellfish. or other legal measures in place that option was a broader definition, all fish • The import inspection regulations provide authority to regulate the of the order Siluriformes (76 FR 10434). for Siluriformes fish and fish products growing and processing of fish for FSIS sought public comments on the (9 CFR part 557) to make them human food and to assure compliance scope of the definition in the proposed consistent with the September 19, 2014, with the Food and Drug rule. The Agency proposed regulatory rule amending the FSIS regulations for Administration’s (FDA) regulatory requirements for mandatory catfish imported meat, poultry, and egg requirements in 21 CFR part 123, Fish inspection that were adapted from the products (79 FR 56220). and Fishery Products. meat inspection regulations. • The regulations include provisions Transitional Period (transition to The 2014 Farm Bill, enacted on for State-Federal, Federal-State complete implementation): Beginning February 7, 2014, amended the FMIA to Cooperate Agreements; State on March 1, 2016 and continuing until remove the term ‘‘catfish’’ and to make Designations (9 CFR part 560) and September 1, 2017, FSIS will conduct ‘‘all fish of the order Siluriformes’’ authorize coordination with States that inspection and exercise broad subject to FSIS jurisdiction and have fish inspection programs to select enforcement discretion in domestic inspection. As a result, FSIS inspection certain establishments to participate in establishments that slaughter or of Siluriformes is mandated by law. an interstate shipment program. These slaughter and process and distribute This final rule adopts all the regulatory changes reference regulations that took Siluriformes fish and fish products. requirements outlined in the February effect after the proposed rule on catfish Foreign countries seeking to continue to 2011 proposal, with the following inspection was published. The export Siluriformes fish and fish changes: regulations incorporate requirements for products to the United States after the • The term ‘‘catfish’’ defined in establishments to maintain written transitional period has expired are proposed 9 CFR part 531 and used recall plans (9 CFR 532.2) and to notify required to submit to FSIS by September throughout the proposed regulatory text, the FSIS District Office of any 1, 2017 adequate documentation is replaced in this final rule by the term adulterated or misbranded product that VerDate Sep<11>2014 13:52 Dec 01, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02DER2.SGM 02DER2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations 75591 the establishment has received or TABLE 1—PROJECTED SUMMARY ADDI- 3. Document Evaluation and System shipped in commerce (9 CFR 537.3). TIONAL ANNUALIZED AVERAGE NET Review These changes reference regulations that 4. Maintenance of Standards DIRECT COSTS (DOMESTIC) OF THE S. Marking and Labeling of Imported took effect after the proposed rule on FINAL RULE Products catfish inspection was published. IX. Proposed Regulations Under Other FMIA • The regulations on official marks Additional annualized Subchapters cost, over 10 years, A. Rules of Practice; Reference to Rules of and devices for identifying inspected- Affected sectors of discounted and-passed fish and fish products (9 Practice the domestic econ- $thousands B. Detention, and Seizure and CFR 541.2(d)) require whole, gutted fish omy Condemnation carcasses to bear the official inspection 7 3 percent percent 1. Detention legend or to be properly packaged in an 2. Seizure and Condemnation immediate container marked with the Siluriformes Fish In- X. Records Required To Be Kept official inspection legend, as well as all dustry .................... $326.55 $317.78 XI. Comments and Responses other required labeling features. Federal Government A. General Opposition Agencies ............... 1,114.40 1,097.22 B. The Definition of Catfish • The preamble discussion explains C. Risk Assessment that the net weight for ice-glazed fish is Total ...................... 1,440.95 1,414.99 D. Cost and Benefits Analysis determined on a rigid-state basis, as E. Trade Barriers and Agreements F. Equivalency and Implementation provided in the National Institute of Table of Contents Standards and Technology (NIST) G. Facilities Requirements and Schedule of Handbook 133, ‘‘Checking the Net Background Operations H. Definitions Contents of Packaged Goods.’’ I. 2008 Farm Bill II. 2011 Proposed Rule 1. ‘‘Adulterated’’ • The regulatory

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