Correction,

[Federal Register: December 31, 1998 (Volume 63, Number 251)]

[Rules and Regulations]

[Page 72101-72102]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31de98-4]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 52, 53 and 54

[Docket Number LS-98-13]

Processed Fruits and Vegetables and Regulations Governing the Grading and Certification of Livestock, Meats, Prepared Meats, and Meat Products

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Correcting Amendments.

SUMMARY: The Livestock Market News (LMN) Branch and the Meat Grading and Certification (MGC) Branch of the Agricultural Marketing Service (AMS) are amending certain regulations to update them and to correct minor errors. This action is being taken to improve the accuracy and clarity of the regulations.

EFFECTIVE DATE: January 1, 1999.

FOR FURTHER INFORMATION CONTACT: John E. VanDyke, Chief, LMN Branch, telephone 202-720-6231, or Larry Meadows, Chief, MGC Branch, telephone 202-720-1246.

SUPPLEMENTARY INFORMATION:

Background

AMS has discovered that certain errors exist in the codified regulations. This document corrects those errors.

In part 52, section 52.1843, paragraphs (e)(i) and (ii) should be classified as (e)(1) and (2), respectively.

In the Federal Register of June 30, 1998 (63 FR 35500), AMS published a final rule entitled ``Removal of U.S. Standards and Other Selected Regulations.'' The final rule revoked Subpart B (7 CFR Parts 53 and 54). However, in issuing the rule, the agency inadvertently neglected to remove the cross-reference to Subpart B in parts 53 and 54, Subpart A--Regulations. Therefore, this action is being taken to correct these inadvertent omissions.

Need for Correction

The regulations codified in the Code of Federal Regulations and published in the Federal Register (63 FR 35500) contain errors which may prove to be misleading and need to be clarified.

List of Subjects

7 CFR Part 52

Food grades and standards, Food labeling, Frozen foods, Fruit juices, Fruits, Reporting and recordkeeping requirements, vegetables.

7 CFR Part 53

Cattle, Hogs, Livestock, Sheep.

7 CFR Part 54

Food grades and standards, Food labeling, Meat and meat products.

Accordingly, 7 CFR parts 52, 53 and 54 are corrected by making the following amendments:

PART 52--[AMENDED]

1. The authority citation for 7 CFR part 52 continues to read as follows:

   Authority: 7 U.S.C. 1621-1627.

   Sec. 52.1843 [Amended]

2. In Sec. 52.1843, paragraphs ``(e)(i)'' and ``(e)(ii)'' are corrected to read ``(e)(1)'' and ``(e)(2)'', respectively.

   PART 53--LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS)

1. The authority citation for 7 CFR part 53 continues to read as follows:

   Authority: 7 U.S.C. 1621-1627.

2. Section 53.1, is amended by revising paragraph ``Grade'' (2) and the definition for ``Standards'' to read as follows:

   Sec. 53.1 Meaning of words.

   * * * * *

   Grade. (1) * * *

   (2) As a verb, this term means to determine the class, grade, or other quality of livestock according to applicable standards for such livestock. * * * * *

   Standards. The standards of the Department contained in Official United States Standards for Grades of: Carcass Beef; Veal and Calf Carcasses; Lamb, Yearling Mutton, and Mutton Carcasses; and, Pork Carcasses. * * * * *

3. In Sec. 53.4, the first sentence is revised to read as follows:

   Sec. 53.4 Kind of service.

   Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the class, grade, or other quality of livestock under applicable standards. * * *

   [[Page 72102]]

   PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, CERTIFICATION, AND STANDARDS)

1. The authority citation for 7 CFR part 54 continues to read as follows:

   Authority: 7 U.S.C. 1621-1627.

2. Section 54.1, is amended by revising paragraph ``Grade'' (2) and the definition for ``Standards'' to read as follows:

   Sec. 54.1 Meaning of words.

   * * * * *

   Grade. (1) * * *

   (2) As a verb, this term means to determine the class, grade, or other quality of a product according to applicable standards for such product. * * * * *

   Standards. The standards of the Department contained in Official United States Standards for Grades of: Carcass Beef; Veal and Calf Carcasses; Lamb, Yearling Mutton, and Mutton Carcasses; and, Pork Carcasses. * * * * *

3. Section 54.4 is revised to read as follows:

   Sec. 54.4 Kind of service.

   (1) Grading service under the regulations shall consist of the determination and certification and other identification, upon request by the applicant, of the class, grade, or other quality of products under applicable standards. Class, grade, and other quality may be determined under said standards for meat of cattle, sheep, or swine in carcass form only, except upon approval by the Director upon his determination of good cause and provided that the meat can be identified in conformance with the standards.

   (2) Certification service under the regulations shall consist of the determination of the conformity of products to specifications approved by the Director or Chief and the certification and other identification of such livestock or products in accordance with specifications, upon request by the applicant. Determination as to product compliance with specifications for ingredient content or method of preparation may be based upon information received from the inspection system having jurisdiction over the products involved.

   (3) The Carcass Data Service, under the regulations, shall consist of the evaluation of carcass characteristics, in accordance with applicable official United States Standards of carcasses of animals identified with the official eartag as shown in Sec. 54.17, the recording of such data, and transmittal of the data to, or as directed by, the applicant for the service.

   (4) The Contract Verification Service, under the regulations, provides wholesale buyers of noncertified commodity products a method of determining whether procurement(s) met contractually specified requirements.

   (5) The Quality Systems Certification Program, under the regulations, provides meatpackers, processors, producers, or other businesses in the livestock and meat trade the ability to have special processes or documented quality management systems verified.

4. Section 54.13 is amended by revising the first sentence in paragraph (b) to read as follows:

   Sec. 54.13 Accessibility and refrigeration of products; access to establishments.

   (a) * * *

   (b) Grading service will only be furnished for meat that a USDA grader determines is chilled so that grade factors are developed to the extent that a proper grade determination can be made in accordance with the official standards. * * *

5. In Sec. 54.16, the first sentence is revised to read as follows:

   Sec. 54.16 Marking of products.

   All products for which class and grade under the standards are determined under the regulations, or the immediate and shipping containers thereof, shall be stamped, branded, or otherwise marked with an appropriate official identification: Provided, That except as otherwise directed by the Chief, such marking will not be required when an applicant only desires official certificates. * * *

   Dated: December 22, 1998. Robert L. Leverette, Acting Deputy Administrator, Livestock and Seed Program.

   [FR Doc. 98-34755Filed12-30-98; 8:45 am]

   BILLING CODE 3410-02-P