14635

Rules and Regulations Federal Register Vol. 78, No. 45

Thursday, March 7, 2013

This section of the FEDERAL REGISTER document. Comments may be submitted breaded, non-battered comminuted contains regulatory documents having general by either of the following methods: NRTE poultry product not destined for applicability and legal effect, most of which Federal eRulemaking Portal: This further processing into ready-to-eat are keyed to and codified in the Code of Web site provides the ability to type products. In addition, the document Federal Regulations, which is published under short comments directly into the announces that the Agency will begin 50 titles pursuant to 44 U.S.C. 1510. comment field on this Web page or sampling to determine the prevalence of The Code of Federal Regulations is sold by attach a file for lengthier comments. Go in NRTE comminuted the Superintendent of Documents. Prices of to http://www.regulations.gov/. Follow poultry and will use the results from new books are listed in the first FEDERAL the on-line instructions at that site for this sampling to develop performance REGISTER issue of each week. submitting comments. standards for these products. FSIS gave Mail, including CD–ROMs: Send to the public until March 6, 2013, to Docket Clerk, U.S. Department of submit comments on the document. DEPARTMENT OF AGRICULTURE Agriculture, and Inspection In a letter addressed to FSIS Service, Patriots Plaza 3, 1400 Administrator Alfred V. Almanza, dated Food Safety and Inspection Service Independence Avenue SW., Mailstop January 18, 2013, a coalition of trade 3782, Room 8–163A, Washington, DC associations stated that additional time 9 CFR Part 417 20250–3700. was needed to formulate meaningful [Docket No. FSIS–2012–0007] Hand- or courier-delivered submittals: comments. Deliver to Patriots Plaza 3, 355 E. Street FSIS will extend the comment period HACCP Plan Reassessment for Not- SW., Room 8–163A, Washington, DC by an additional 45 days; the comment Ready-To-Eat Comminuted Poultry 20250–3700. period will now end on April 20, 2013. Products and Related Agency Instructions: All items submitted by FSIS will also provide an additional 45 Verification Procedures mail or electronic mail must include the days for establishments that produce Agency name and docket number FSIS– NRTE comminuted chicken or turkey AGENCY: Food Safety and Inspection 2012–0007. Comments received in products to reassess their HACCP plans Service, USDA. response to this docket will be made for those products. Recognize, however, ACTION: Notice of extension of comment available for public inspection and that the December 6, 2012, document period. posted without change, including any was based on the Agency’s personal information, to http:// determination that changes have SUMMARY: The Food Safety and www.regulations.gov. occurred that could affect Inspection Service (FSIS) is extending Docket: For access to background establishments’ hazard analysis or affect the comment period for the December 6, documents or to comments received, go their HACCP plan. As is explained in 2012, Federal Register document to the FSIS Docket Room at Patriots the Federal Register document, FSIS is ‘‘HACCP Plan Reassessment for Not- Plaza 3, 355 E. Street SW., Room 8–164, requiring the reassessments because of Ready-to-Eat Comminuted Poultry Washington, DC 20250–3700 between the outbreaks and recalls that have Products and Related Agency 8:00 a.m. and 4:30 p.m., Monday occurred. Thus, the predicate for Verification Procedures’’ until April 20, through Friday. requiring reassessment under 9 CFR 2013. FSIS will also provide an FOR FURTHER INFORMATION CONTACT: 417.4(a)(3) clearly exists. Therefore, additional 45 days for establishments Rachel Edelstein, Assistant establishments should use this that produce not-ready-to-eat (NRTE) Administrator, Office of Policy and additional time to conduct a comminuted chicken or turkey products Program Development, telephone: (202) reassessment of their HACCP plans for to reassess their Hazard Analysis and 205–0495, or by fax: (202) 720–2025. those products. Critical Control Points (HACCP) plans SUPPLEMENTARY INFORMATION: FSIS will postpone by 45 days—until for those products. FSIS will postpone On December 6, 2012, FSIS published April 20, 2013—the date inspection by 45 days the date inspection a document in the Federal Register to personnel will begin verifying that those personnel will begin verifying that those inform establishments producing NRTE establishments have reassessed their establishments have reassessed their ground or otherwise comminuted HACCP plans. In addition, starting HACCP plans. In addition, starting chicken and turkey products that they approximately on April 20, 2013, the approximately on April 20, 2013, the must reassess their HACCP plans for Agency intends to begin obtaining Agency intends to begin obtaining these products to take into account samples to determine the prevalence of samples to determine the prevalence of several recent Salmonella outbreaks Salmonella in NRTE comminuted Salmonella in NRTE comminuted associated with consumption of poultry announced in the Federal poultry product announced in the comminuted NRTE turkey products (77 Register document. FSIS expects to use document. The Agency is taking these FR 72686). In the document, FSIS the verification testing program as the actions in response to a request made by describes how it will determine whether means for obtaining samples and will a coalition of trade associations. the association of NRTE meat or poultry use the results from this sampling to DATES: The comment period for the product with an illness outbreak would develop performance standards for these document published December 6, 2012, make subsequently-produced like products. at 77 FR 72686, is extended. Comments product adulterated. The Agency also FSIS will not further delay verifying are due by April 20, 2013. announced the expansion of its that establishments have reassessed ADDRESSES: FSIS invites interested Salmonella verification sampling their HACCP plans, nor will the Agency persons to submit comments on this program to include all forms of non- delay its sampling of such comminuted

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products. However, FSIS will not make Done at Washington, DC, on: February 11, is responsible for determining the safety any changes to the performance 2013. of ingredients and sources of irradiation standards for these products until FSIS Alfred V. Almanza, used in the production of meat and has evaluated all comments received Administrator. poultry products, as well as prescribing and has analyzed the results of the new [FR Doc. 2013–05342 Filed 3–6–13; 8:45 am] safe conditions of use. Under the testing. BILLING CODE 3410–DM–P Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.) and the Poultry USDA Nondiscrimination Statement Products Inspection Act (PPIA) (21 The U.S. Department of Agriculture DEPARTMENT OF AGRICULTURE U.S.C. 451 et seq.), FSIS is responsible (USDA) prohibits discrimination in all for determining the suitability of FDA- its programs and activities on the basis Food Safety and Inspection Service approved substances in meat and of race, color, national origin, gender, poultry products. Pursuant to a religion, age, disability, political beliefs, 9 CFR Part 424 Memorandum of Understanding (MOU) sexual orientation, and marital or family [Docket No. FSIS–2011–0018] that was implemented in January 2000, status. (Not all prohibited bases apply to FDA and FSIS work together to evaluate RIN 0583–AD47 all programs.) petitions requesting the approval of new substances, or new uses of previously Persons with disabilities who require Food Ingredients and Sources of approved substances, for use in or on alternative means for communication of Radiation Listed and Approved for Use meat and poultry products. The MOU is program information (Braille, large in the Production of Meat and Poultry available for viewing by the public in print, audiotape, etc.) should contact Products the FSIS docket room and on the FSIS USDA’s Target Center at 202–720–2600 AGENCY: Food Safety and Inspection Web site at: http://www.fsis.usda.gov/ (voice and TTY). _ _ Service, USDA. Regulations & Policies/ To file a written complaint of Labeling_FDA_MOU/index.asp. Under ACTION: Final rule. discrimination, write USDA, Office of this MOU, if FDA and FSIS approve an the Assistant Secretary for Civil Rights, SUMMARY: The Food Safety and ingredient for use in meat or poultry 1400 Independence Avenue SW., Inspection Service (FSIS) is amending products, FDA establishes the Washington, DC 20250–9410 or call the Federal meat and poultry products parameters of the approved use under 202–720–5964 (voice and TTY). USDA inspection regulations to remove its regulatory system. FSIS also lists the is an equal opportunity provider and , sodium propionate, substance in FSIS Directive 7120.1, employer. and from the list of ‘‘Safe and Suitable Ingredients Used in the Production of Meat, Poultry, and Egg Additional Public Notification substances that the regulations prohibit for use in meat or poultry products. Products,’’ as part of a comprehensive FSIS will announce this document New uses of these substances in meat or listing of the substances that have been online through the FSIS Web page poultry products will continue to be reviewed and that have been accepted located at http://www.fsis.usda.gov/ approved by the Food and Drug as safe and suitable. (The Directive is regulations_&_policies/ Administration (FDA) for safety and by available at: http://www.fsis.usda.gov/ Federal_Register_Notices/index.asp. FSIS for suitability. FSIS will add OPPDE/rdad/FSISDirectives/ approved uses of these substances to the 7120.1.pdf.) FSIS will also make copies of this The proposed rule also explained Federal Register publication available list of approved substances contained in the Agency’s directive system. that, under FSIS’s regulations, certain through the FSIS Constituent Update, antimicrobial substances are prohibited DATES: which is used to provide information Effective May 6, 2013. for use in meat or poultry products regarding FSIS policies, procedures, FOR FURTHER INFORMATION CONTACT: because these substances have the regulations, Federal Register notices, Charles Williams, Director, Policy potential to conceal damage or FSIS public meetings, and other types of Issuances Division, Office of Policy and inferiority when used at certain levels (9 information that could affect or would Program Development, FSIS, U.S. CFR 424.23(a)(3)). Among these be of interest to constituents and Department of Agriculture, 1400 substances are potassium sorbate, stakeholders. The Update is Independence Avenue SW., propylparaben (propyl communicated via Listserv, a free Washington, DC 20250–3700, (202) 720– phydroxybenzoate), calcium propionate, electronic mail subscription service for 5627. sodium propionate, benzoic acid, and industry, trade groups, consumer SUPPLEMENTARY INFORMATION: sodium benzoate. interest groups, health professionals, In 2006, Kraft Foods Global, Inc. and other individuals who have asked Background petitioned FSIS to amend the Federal to be included. The Update is also On May 7, 2012, FSIS issued a meat and poultry products inspection available on the FSIS Web page. In proposed rule entitled ‘‘Food regulations to permit the use of sodium addition, FSIS offers an electronic mail Ingredients and Sources of Radiation benzoate and sodium propionate as subscription service which provides Listed and Approved for Use in the acceptable antimicrobial agents that automatic and customized access to Production of Meat and Poultry may be used in combination with other selected food safety news and Products’’ and requested comments on approved ingredients to inhibit the information. This service is available at the document (77 FR 26706). FSIS growth of monocytogenes (Lm) http://www.fsis.usda.gov/ proposed to remove sodium benzoate, in ready-to-eat (RTE) meat and poultry News_&_Events/Email_Subscription/. sodium propionate, and benzoic acid products. On July 26, 2010, Kemin Food Options range from recalls to export from the list of substances that the Technologies petitioned FSIS to amend information to regulations, directives, regulations prohibit for use in meat or the regulations to permit the use of and notices. Customers can add or poultry products. liquid sodium propionate and liquid delete subscriptions themselves, and As explained in the proposal, under sodium benzoate as acceptable have the option to password protect the Federal Food Drug and Cosmetics antimicrobial agents in meat and their accounts. Act (FFDCA)(21 U.S.C. 301 et seq.), FDA poultry products.

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