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Proposed Rules Federal Register Vol 42464 Proposed Rules Federal Register Vol. 79, No. 140 Tuesday, July 22, 2014 This section of the FEDERAL REGISTER short comments directly into the FSIS investigators and other public contains notices to the public of the proposed comment field on this Web page or health officials typically use records issuance of rules and regulations. The attach a file for lengthier comments. Go kept at all levels of the food distribution purpose of these notices is to give interested to http://www.regulations.gov. Follow chain, including the retail level, to persons an opportunity to participate in the the online instructions at that site for identify and trace back product that may rule making prior to the adoption of the final rules. submitting comments. be the source of the illness to the • Mail, including CD–ROMs: Send to suppliers that produced the source U.S. Department of Agriculture (USDA), material for the product. The Agency, DEPARTMENT OF AGRICULTURE FSIS, 1400 Independence Avenue SW., however, has often been impeded in its Mailstop 3782, 8–163B, Washington, DC efforts to trace back ground beef Food Safety and Inspection Service 20250–3700. products to the suppliers’ products due • Hand- or courier-delivered items: to the lack of documentation identifying 9 CFR Part 320 Send to U.S. Department of Agriculture all source materials used in its preparation. [Docket No. FSIS–2009–0011] (USDA), FSIS, OPPD, RIMD, Docket Clearance Unit, Patriots Plaza 3, 355 E In some situations, official RIN 0583–AD46 Street SW., 8–163B, Washington, DC establishments and retail stores have not 20250–3700 20024–3221. kept adequate records that would allow Records To Be Kept by Official Instructions: All comments submitted effective traceback 4 and traceforward Establishments and Retail Stores That by mail or electronic mail must include activities.5 Without such records, FSIS Grind Raw Beef Products the Agency name and docket number cannot conduct timely and effective AGENCY: Food Safety and Inspection FSIS–2009–0011. Comments received in consumer foodborne illness Service, USDA. response to this docket will be made investigations and other public health activities throughout the stream of ACTION: Proposed rule. available for public inspection and posted without change, including any commerce. SUMMARY: The Food Safety and personal information, to http:// The President’s Food Safety Working Inspection Service (FSIS) is proposing www.regulations.gov. Group (FSWG), which was formed on to amend its recordkeeping regulations Docket: For access to background March 14, 2009, recommended a new to specify that all official establishments documents or comments received, go to public health-focused approach to food and retail stores that grind raw beef the FSIS Docket Room at the address safety based on three core principles: (1) products for sale in commerce must listed above between 8:30 a.m. and 4:30 Prioritizing prevention; (2) keep records that disclose the identity p.m., Monday through Friday. strengthening surveillance and enforcement; and (3) improving and contact information of the supplier FOR FURTHER INFORMATION CONTACT: of all source materials that they use in response and recovery.6 Contact Victoria Levine, Program One of the objectives of the third the preparation of each lot of raw Analyst, Issuances Staff, Office of Policy ground beef. They must also record the principle is to quickly identify and stop and Program Development, Food Safety outbreaks of foodborne illness. When names of those supplied source and Inspection Service, U.S. Department materials, including any beef people become ill because of consuming of Agriculture, Washington, DC 20250; components and any carryover from one product from the same source material, (202) 720–5627; Fax (202) 690–0486. production lot to the next. The records it is important to identify all remaining would also be required to document lot SUPPLEMENTARY INFORMATION: Under the source material and remove it as quickly numbers, the amount of the beef authority of the Federal Meat Inspection component used in each lot (in pounds), Act (FMIA) (21 U.S.C. 601 et seq.) and exempt from the provisions of the FMIA and the the date and time each lot of raw ground its implementing regulations, FSIS meat inspection regulations with regard to investigates complaints and reports of inspection of the preparation of products, they are beef product was produced, and the not exempt from their sanitary or recordkeeping date and time when grinding equipment consumer foodborne illness associated requirements. and other related food-contact surfaces with FSIS-regulated meat products. 3 Of the 130 outbreaks that FSIS investigated from were cleaned and sanitized. Official Many such investigations into consumer 2007 through 2013, 74 were determined to be establishments and retail stores would foodborne illnesses involve those linked caused by the consumption of ground beef. Of those 74, 31 were linked to beef ground at a retail venue. to the consumption of raw beef ground 1 also have to comply with the proposed 4 Traceback actions are those actions taken to recordkeeping requirements with by official establishments or retail identify and document the flow of product back to 23 respect to raw beef products that are stores. the official establishment from which the suspect ground at an individual customer’s product originated from other official request. 1 Raw ground beef products are ground and establishments, retail stores, warehouses, chopped beef (9 CFR 319.15(a)), hamburger (9 CFR distributors, restaurants, or other firms in DATES: Comments must be received on 319.15(b)), beef patties (9 CFR 319.15(c)), ground or commerce. or before September 22, 2014. chopped veal, veal patties, veal or beef patty mix, 5 Traceforward actions are those actions taken to ground veal or beef product with added seasonings, identify other potentially contaminated batches of ADDRESSES: FSIS invites interested and beef manufacturing trimmings produced at an meat that might have originated from the same persons to submit comments on this official establishment or at retail. Raw ground beef official establishment and other establishments, proposed rule. Comments may be products are also ground intact steaks/roasts, bench retail stores, warehouses, distributors, restaurants, submitted by any of the following trim ground from intact steaks/roasts, or a mix these or other firms in commerce that might have been components with trim or coarse ground beef affected by contaminated product. methods: 6 • derived from official establishments. http://www.foodsafetyworkinggroup.gov/ Federal eRulemaking Portal: This 2 See 9 CFR 303.1(d)(2)(iii)(a) through (f) for the ContentKeyFindings/HomeKeyFindings.htm and Web site provides the ability to type definition of a retail store. While retail stores are FSIS News Release No. 0292.09 dated July 8, 2009. VerDate Mar<15>2010 15:55 Jul 21, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\22JYP1.SGM 22JYP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 140 / Tuesday, July 22, 2014 / Proposed Rules 42465 as possible in order to prevent more maintain those records at his or her materials for the lot of ground beef illnesses. The FSWG has recommended headquarters’ office. 9 CFR 300.6(b)(2) sampled; the establishment of a food tracing requires any person (including any firm 2. The supplier lot numbers and system that shortens the time between or corporation or other business unit) production dates; and any other outbreak detection, resolution, and subject to the recordkeeping information that would be useful to recovery. A system that permits rapid requirements in section 642 of the FMIA suppliers that may have supplied E. coli traceback to the source would protect to allow representatives of the Secretary O157:H7-positive product to official consumers and help industry recover of Agriculture to enter his or her place establishments. contaminated product more quickly and of business to examine and copy the FSIS also stated that it intended to accurately. records specified in § 320.1. Therefore, gather the following information from FMIA Recordkeeping Requirements if records relevant to an outbreak or retail stores at the time it collected a recall investigation are being sample of raw ground beef for E. coli Official establishments and retail maintained at a headquarters’ office O157:H7 testing: stores that grind raw beef products for rather than at the place where the 1. The names and establishment sale in commerce must keep records business is conducted, i.e., the location numbers of the establishments that will fully and correctly disclose all where raw beef is being ground, those supplying the source materials for the transactions involved in their records must be made available to FSIS lot of ground beef sampled; businesses subject to the Act (see 21 personnel conducting traceback and 2. The supplier lot numbers and U.S.C. 642). This is because they engage traceforward activities. Records required production dates; and 7 in the business of preparing products to be maintained under part 320 must be 3. Any other information that would 8 of an amenable species for use as retained for a period of two years after be useful to suppliers if they are later human food, and they engage in the December 31 of the year in which the notified of an E. coli O157:H7 positive business of buying or selling (as meat transaction to which the record relates finding. brokers, wholesalers or otherwise) in has occurred (9 CFR 320.3)). Shortly after issuing the 2002 Federal commerce products of carcasses of an The recordkeeping requirements Register notice, FSIS began collecting amenable species. These businesses contained in the FMIA and 9 CFR 320 the information listed in the notice from must also provide access to, and permit are intended to permit FSIS to trace official establishments that produced inspection of, these records by FSIS product, including raw ground beef ground raw beef products that FSIS personnel.9 product associated with consumer confirmed positive for E.
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