Mandatory Inspection of Egg Substitutes and Freeze-Dried Egg Products Imported Into the United States
| Citation | 86 FR 50013 |
| Record Number | 2021-19264 |
| Published date | 07 September 2021 |
| Section | Notices |
| Court | Food Safety And Inspection Service |
50013
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS 2020–0031]
Mandatory Inspection of Egg
Substitutes and Freeze-Dried Egg
Products Imported Into the United
States
AGENCY
: Food Safety and Inspection
Service, USDA.
ACTION
: Notice.
SUMMARY
: On October 29, 2020, the
Food Safety and Inspection Service
(FSIS) published the final rule, ‘‘Egg
Products Inspection Regulations,’’
which, among other things, announced
that FSIS would begin exercising
jurisdiction over plants that produce egg
substitutes and freeze-dried egg
products on October 30, 2023. This
notice provides information to foreign
countries that already export these
products to the United States, as well as
countries interested in exporting these
products to the United States, about
submitting their equivalence
documentation to FSIS so that the
Agency can begin assessing their
eligibility before October 30, 2023.
DATES
: Foreign countries currently
exporting egg substitutes and/or freeze-
dried egg products to the U.S. without
an egg products inspection system
equivalence determination by FSIS, as
well as foreign countries not exporting
that are interested in exporting such
products to the United States under
FSIS jurisdiction:
•Must notify FSIS of their intention to
export egg substitutes and freeze-dried egg
products to the United States (Phase 1) by
October 30, 2021.
•Must submit a complete Self-Reporting
Tool (SRT), including supporting
documentation that demonstrates how a
country’s egg products inspection system
achieves an equivalent level of public health
protection to FSIS’ egg products inspection
system (Phase 2), by April 30, 2022.
•Must have submitted complete SRT
responses and supporting documentation to
FSIS, and FSIS must have determined that
the SRT submission demonstrates that the
country maintains an equivalent documented
egg products inspection system to FSIS’ egg
products inspection system (Phase 3) by
October 30, 2023.
Foreign countries that currently
maintain equivalent egg products
inspection systems to FSIS’ inspection
system for egg products inspection (i.e.,
Canada and the Netherlands) must
submit an updated certified
establishment list to include egg
substitutes and/or freeze-dried egg
products product groups by October 1,
2023, if these countries are currently
exporting these products or wish to
begin exporting them to the United
States after October 30, 2023.
FOR FURTHER INFORMATION CONTACT
:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development, telephone (202)
205–0495.
SUPPLEMENTARY INFORMATION
: By
October 30, 2023, foreign countries that
already export egg substitutes and
freeze-dried egg products to the United
States and wish to continue doing so
must have submitted their equivalence
documentation to FSIS, and FSIS must
have determined that the country
maintains an equivalent documented
egg products inspection system to FSIS’
egg products inspection system. If a
country does not submit the required
documentation or FSIS has determined
that the country does not maintain an
equivalent documented egg products
inspection system, the foreign country
will not be eligible to export egg
substitutes and freeze-dried egg
products to the U.S. after October 30,
2023. Foreign countries not exporting
egg substitutes and freeze-dried egg
products that are interested in exporting
such products to the United States
under FSIS jurisdiction will not be able
to begin exporting them until October
30,2023, after FSIS has determined that
the country maintains an equivalent
documented egg products inspection
system.
On October 30, 2023, egg substitutes
and freeze-dried egg products will no
longer be regulated by the U.S. Food
and Drug Administration (FDA) but
instead by FSIS, as they will be
recognized as egg products under FSIS’
jurisdiction, and FSIS will begin to
enforce its regulations regarding the
inspection of domestically produced
and imported egg substitutes and freeze-
dried egg products (85 FR 68640).
Egg substitutes are similar in
formulation, if not identical in some
cases, to egg products. Their processing
also is like other egg products. The
contamination risks associated with
these types of products also are
identical. For these reasons, FSIS
determined that the processing of egg
substitutes must take place within the
framework of FSIS’ Hazard Analysis and
Critical Control Point System and
Sanitation Standard Operating
Procedures framework. Similarly, the
food safety risks associated with freeze-
dried egg products are like those
associated with frozen egg products, as
freeze-dried egg products are
pasteurized liquid egg products flash
frozen and placed in a vacuum chamber
where ice particles are removed.
Foreign countries exporting egg
substitutes and freeze-dried egg
products to the United States, or
countries interested in doing so, will
need to demonstrate that their
documented egg products inspection
systems are equivalent to the U.S.
system. Foreign countries already
exporting egg substitute and freeze-
dried egg products to the U.S. may
continue to export these products,
provided they actively work with FSIS
while seeking an initial equivalence
determination from the Agency. If they
do not submit the required
documentation, they will have to stop
shipping such products to the United
States. The FSIS equivalency process is
described fully on the FSIS website at:
https://www.fsis.usda.gov/inspection/
import-export/equivalence.
Under 9 CFR 590.910(a), whenever it
is determined by the Administrator that
the system of egg products inspection
maintained by any foreign country is
such that the egg products produced in
such country are processed, labeled, and
packaged in accordance with, and
otherwise comply with, the standards of
the Act and the regulations including,
but not limited to the sanitary,
processing, facility, and Government
inspection requirements in 9 CFR
590.500 through 590.590, notice of that
fact will be given according to 9 CFR
590.910(b).
In determining whether a foreign
country maintains an equivalent egg
products food safety inspection system,
the Administrator will review the
inspection regulations of the foreign
country to determine how the
inspection systems are administered in
the foreign country. After approval of
the inspection system, the
Administrator may, as often and to the
extent deemed necessary, authorize
representatives of the Department to
review the foreign inspection system to
determine whether it is implemented in
a manner equivalent to the U.S.
inspection system.
Once FSIS has determined that a
foreign country maintains an equivalent
egg products food safety inspection
system and is eligible to export egg
products to the United States, only
establishments that the country’s central
competent authority (CCA) has certified
as complying with the requirements
equivalent to U.S. requirements would
be eligible to export egg substitutes and
freeze-dried egg products to the United
States. To ensure that all foreign
countries that export, or wish to export,
egg substitutes or freeze-dried egg
products to the U.S., FSIS is
implementing a three-phase plan to
assist countries in demonstrating that
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
their documented egg products
inspection systems are equivalent to the
U.S. system.
During Phase 1, foreign countries that
are currently exporting egg substitutes
or freeze-dried egg products to the U.S.
and do not currently maintain an
equivalence determination by FSIS or
foreign countries that are interested in
exporting such products to the U.S.
under FSIS jurisdiction should notify
FSIS by October 30, 2021, of their desire
to seek an initial equivalence
determination for these products.
Foreign countries should submit an
official notification by email to FSIS’
Office of International Coordination at
InternationalCoordination@usda.gov.
Foreign countries already exporting
such products to the United States will
be permitted to continue to export these
products while seeking an initial
equivalence determination from FSIS. In
response, FSIS will provide information
on how to report necessary information
to FSIS through the SRT, which is a
questionnaire used by FSIS to assess
whether a country maintains an
equivalent documented food safety
inspection system.
During Phase 2, foreign countries are
requested to submit a complete SRT,
including supporting documentation
that demonstrates how a country’s egg
products inspection system achieves an
equivalent level of public health
protection to FSIS’ egg products
inspection system, no later than April
30, 2022. FSIS will review the SRT
responses and supporting
documentation to determine whether
additional information is needed from
the country. If additional information is
needed, FSIS will follow-up with the
appropriate CCAs to request additional
information. Also, during Phase 2,
between April 30, 2022, and April 30,
2023, foreign countries should address
any requests for additional information
from FSIS and provide updated SRT
responses and supporting
documentation. During Phases 1 and 2,
FSIS will review the SRT submissions
and may ask foreign countries for
additional information, as needed.
During Phase 3, from April 30 to
October 30, 2023, FSIS will continue to
review and assess SRT responses and
request additional information, if
necessary. By the end of Phase 3,
October 30, 2023, foreign countries that
wish to continue exporting egg
substitutes and freeze-dried egg
products to the U.S. must have
submitted complete SRT responses and
supporting documentation to FSIS, and
FSIS must have determined that the
SRT submission demonstrates that the
country maintains an equivalent
documented egg products inspection
system to FSIS’ egg products inspection
system. If the country does not submit
the required documentation or FSIS has
determined that the country does not
maintain an equivalent documented egg
products inspection system, the foreign
country will not be eligible to export egg
substitutes and freeze-dried egg
products to the U.S. after October 30,
2023.
Based on its review of the information
and documentation that the country
submits, FSIS will tentatively decide
whether the foreign country’s egg
products inspection system and
requirements are equivalent to FSIS’,
and if so, plan an onsite audit of the
country’s egg products inspection
system. If FSIS also tentatively finds the
foreign country’s egg products
inspection system equivalent based on
the audit, FSIS will advance the
equivalence determination through the
Federal Register notice process
announcing the results of the document
review and onsite audit, proposing to
add the country to its list of eligible
exporting countries, and providing an
opportunity for public comment. After
analysis of public comments, FSIS will
publish a Federal Register notice
announcing its determination on the
country’s eligibility and responding to
comments.
If a country currently maintains an
equivalence determination from FSIS
for their egg products inspection system,
FSIS will request an updated certified
establishment list by October 1, 2023, to
include these product groups so that
countries can continue to export these
products to the United States after
October 30, 2023. These countries are
also required to meet all other
requirements of the Egg Products Final
Rule.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication on-line through the FSIS
website located at: http://
www.fsis.usda.gov/federal-register. FSIS
will also announce and provide a link
to it through the FSIS Constituent
Update, which is used to provide
information regarding FSIS policies,
procedures, regulations, Federal
Register notices, FSIS public meetings,
and other types of information that
could affect or would be of interest to
our constituents and stakeholders. The
Constituent Update is available on the
FSIS web page. Through the web page,
FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an email
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at:
http://www.fsis.usda.gov/subscribe.
Options range from recalls to export
information, regulations, directives, and
notices. Customers can add or delete
subscriptions themselves and have the
option to password protect their
accounts.
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
USDA is an equal opportunity
provider, employer, and lender.
Paul Kiecker,
Administrator.
[FR Doc. 2021–19264 Filed 9–3–21; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
[Docket No. RBS–21–BUSINESS–0028]
Notice of Solicitation of Applications
for Inviting Applications for the Rural
Economic Development Loan and
Grant Programs for Fiscal Year 2022
AGENCY
: Rural Business-Cooperative
Service, USDA (Agency).
ACTION
: Notice.
SUMMARY
: The Rural Business-
Cooperative Service (Agency), an agency
of the United States Department of
Agriculture (USDA) invites applications
for loans and grants under the Rural
Economic Development Loan and Grant
Programs (REDLG or Programs) for fiscal
year (FY) 2022, subject to the
availability of funding. This notice is
being issued to allow applicants
sufficient time to leverage financing,
prepare and submit their applications,
and give the Agency time to process
applications within FY 2022. Successful
applications will be selected by the
Agency for funding and subsequently
awarded to the extent that funding may
ultimately be made available through
appropriations. An announcement on
the Agency website at https://
www.rd.usda.gov/newsroom/notices-
solicitation-applications-nosas will
identify the amount received in the FY
22 appropriations.
DATES
: The deadlines for completed
applications to be received in the USDA
Rural Development State Office for
quarterly funding competitions are no
later than 4:30 p.m. (local time) on: First
Quarter, September 30, 2021; Second
Quarter, December 31, 2021; Third
Quarter, March 31, 2022 and Fourth
Quarter, June 30, 2022.
The application dates and times are
firm. The Agency will not consider any
application received after the deadline
for funding competition in that fiscal
quarter.
Applicants intending to mail
applications must allow sufficient time
to permit deliver on or before the
closing deadline date and time.
Acceptance by the United States Postal
Service or private mailer does not
constitute delivery.
Facsimile (FAX) or postage due
applications will not be accepted.
ADDRESSES
: Applications must be
submitted to the USDA Rural
Development State Office for the state
where the project is located.
Applications may be submitted in paper
or electronic format to the appropriate
Rural Development State Office and
must be received by 4:30 p.m. local time
on the deadline date(s). Applicants are
encouraged to contact their respective
State Office for an email contact to
submit an electronic application prior to
the submission deadline date(s). A list
of the USDA Rural Development State
Office contacts can be found at: https://
www.rd.usda.gov/contact-us/state-
offices. This notice will also be
announced at: https://grants.gov.
FOR FURTHER INFORMATION CONTACT
:
Cindy Mason at cindy.mason@usda.gov,
Program Management Division,
Business Programs, Rural Business-
Cooperative Service, U.S. Department of
Agriculture, 1400 Independence Avenue
SW, Stop 3226, Room 5160-South,
Washington, DC 20250–3226, or call
(202) 720–1400. For further information
on this notice, please contact the USDA
Rural Development State Office in the
State in which the applicant’s
headquarters is located. A list of Rural
Development State Office contacts is
provided at the following link: https://
www.rd.usda.gov/contact-us/state-
offices.
SUPPLEMENTARY INFORMATION
: The
Agency encourages applicants to
consider projects that will advance the
key priorities below:
•Assisting Rural communities
recover economically from the impacts
of the COVID–19 pandemic, particularly
disadvantaged communities.
•Ensuring all rural residents have
equitable access to RD programs and
benefits from RD funded projects.
•Reducing climate pollution and
increasing resilience to the impacts of
climate change through economic
support to rural communities.
The Agency advises all interested
parties that the applicant bears the
burden in preparing and submitting an
application in response to this notice
whether or not funding is appropriated
for these programs in FY 2022.
If the proposal involves new
construction; large increases in
employment; hazardous waste; a change
in use, size, capacity, purpose, or
location from an original facility; or is
publicly controversial, the following is
required: environmental documentation
in accordance with 7 CFR part 1970;
financial and statistical information;
and written project description.
National Environmental Policy Act
All recipients under this notice are
subject to the requirements of 7 CFR
1970, available at: https://rd.usda.gov/
resources/environmental-studies/
environmental-guidance.
Intergovernmental Review
This program is subject to Executive
Order 12372, which requires
intergovernmental consultation with
state and local officials. Rural
Development conducts
intergovernmental consultation as
implemented with 2 CFR part 415,
subpart C. Not all States have chosen to
participate in the intergovernmental
review process. A list of participating
States is available at the following
website: https://www.whitehouse.gov/
omb/management/office-federal-
financial-management/.
Overview
Solicitation Opportunity Type: Rural
Economic Development Loan and
Grants.
Announcement Type: Initial
Solicitation Announcement.
Catalog of Federal Domestic
Assistance Number: 10.854.
Dates: The deadlines for complete
applications to be received in the USDA
Rural Development State Office for
quarterly funding competitions are no
later than 4:30 p.m. (local time) on: First
Quarter, September 30, 2021; Second
Quarter, December 31, 2021; Third
Quarter, March 31, 2022 and Fourth
Quarter, June 30, 2022.
Persistent poverty counties:
The Further Consolidated
Appropriations Act, 2020, SEC. 740
designates funding for projects in
persistent poverty counties. Persistent
poverty counties as defined in SEC. 740
is ‘‘any county that has had 20 percent
or more of its population living in
poverty over the past 30 years, as
measured by the 1990 and 2000
decennial censuses, and 2007–2011
American Community Survey 5-year
average, or any territory or possession of
the United States’’. Another provision in
SEC. 740 expands the eligible
population in persistent poverty
counties to include any county seat of
such a persistent poverty county that
has a population that does not exceed
the authorized population limit by more
than 10 percent. This provision expands
the current 50,000 population limit to
55,000 for only county seats located in
persistent poverty counties. Therefore,
applicants and/or beneficiaries of
technical assistance services located in
persistent poverty county seats with
populations up to 55,000 (per the 2010
Census) are eligible.
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