Uniform Compliance Date for Food Labeling Regulations
| Published date | 16 December 2020 |
| Record Number | 2020-26733 |
| Section | Rules and Regulations |
| Court | Food Safety And Inspection Service |
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
81339
Vol. 85, No. 242
Wednesday, December 16, 2020
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS–2020–0032]
RIN [0583–AD77]
Uniform Compliance Date for Food
Labeling Regulations
AGENCY
: Food Safety and Inspection
Service, USDA.
ACTION
: Final rule.
SUMMARY
: The Food Safety and
Inspection Service (FSIS) is establishing
January 1, 2024, as the uniform
compliance date for new meat and
poultry product labeling regulations that
will be issued between January 1, 2021,
and December 31, 2022. FSIS
periodically announces uniform
compliance dates for new meat and
poultry product labeling regulations to
minimize the economic impact of label
changes.
DATES
:
Effective date: This rule is effective
December 16, 2020.
Compliance date: The uniform
compliance date for new meat and
poultry product labeling regulations that
will be issued between January 1, 2021,
and December 31, 2022 is January 1,
2024.
Comments due date: Comments on
this final rule must be received on or
before January 15, 2021.
ADDRESSES
: FSIS invites interested
persons to submit comments on this
rule. Comments may be submitted by
one of the following methods:
•Federal eRulemaking Portal: This
website provides the ability to type
short comments directly into the
comment field on this web page or
attach a file for lengthier comments. Go
to http://www.regulations.gov. Follow
the on-line instructions at that site for
submitting comments.
•Mail, including CD–ROMs, etc.:
Send to Docket Clerk, U.S. Department
of Agriculture, Food Safety and
Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758,
Washington, DC 20250–3700.
•Hand- or Courier-Delivered
submittals: Deliver to 1400
Independence Avenue SW, Jamie L.
Whitten Building, Room 350–E,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2016–0026. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to http://
www.regulations.gov.
Docket: For access to background
documents or comments received, call
(202) 720–5627 to schedule a time to
visit the FSIS Docket Room at 1400
Independence Avenue SW, Washington,
DC 20250–3700.
FOR FURTHER INFORMATION CONTACT
:
Contact Rosalyn Murphy-Jenkins,
Director, Labeling and Program Delivery
Staff, Office of Policy and Program
Development, Food Safety and
Inspection Service, U.S. Department of
Agriculture, Telephone: 301–504–0879.
SUPPLEMENTARY INFORMATION
:
Background
On December 14, 2004, FSIS issued a
final rule establishing January 1, 2008,
as the uniform compliance date for new
meat and poultry labeling regulations
issued between January 1, 2005, and
December 31, 2006 (69 FR 74405). The
2004 final rule also provided that the
Agency would set uniform compliance
dates for new labeling regulations in 2-
year increments and periodically issue
final rules announcing those dates.
Consistent with the 2004 final rule, the
Agency has since published six rules
establishing the uniform compliance
dates of January 1, 2010, January 1,
2012, January 1, 2014, January 1, 2016,
January 1, 2018, January 1, 2020, and
January 1, 2022 (72 FR 9651, 73 FR
75564, 75 FR 71344, 77 FR 76824, 79 FR
71007, 81 FR 91670, and 83 FR 63052).
The Final Rule
The new uniform compliance date
will apply only to final FSIS regulations
that require changes in the labeling of
meat and poultry products and that are
published after January 1, 2021, and
before December 31, 2022. For each
final rule that requires changes in
labeling, FSIS will specifically identify
January 1, 2024, as the compliance date.
All meat and poultry food products that
are subject to labeling regulations issued
between January 1, 2021, and December
31, 2022, will be required to comply
with these regulations on products
introduced into commerce on or after
January 1, 2024. If any food labeling
regulation involves special
circumstances that justify a compliance
date other than January 1, 2024, the
Agency will determine an appropriate
compliance date and will publish that
compliance date in the rulemaking.
Two-year increments increase
industry’s ability to make orderly
adjustments to new labeling
requirements without exposing
consumers to outdated labels. This
approach allows meat and poultry
producers to plan for the use of label
inventories and to develop new labeling
materials that meet the new
requirements. It also serves to reduce
the economic impact of changing labels
on both producers and consumers.
In the May 4, 2004, proposed rule on
uniform compliance dates for labeling
requirements, FSIS provided notice and
solicited comment (69 FR 24539). In the
March 5, 2007, final rule, FSIS received
only four comments in response to the
proposal, all in support. In the March 5,
2007, final rule, FSIS determined that
further rulemaking for uniform
compliance dates for labeling
requirements is unnecessary (72 FR
9651). The Agency received no
comments on the 2007 final rule, the
comments FSIS received on the 2012
final rule were outside the scope (77 FR
76824), and FSIS received no comments
on the 2014 final rule (79 FR 71007) or
the 2016 final rule (81 FR 91670). The
Agency received four comments on the
2018 final rule, all in support. One
commenter requested that if a food
labeling change warrants a different
compliance date, federal agencies
should coordinate and harmonize
compliance and enforcement
expectations. The Agency agrees and
currently partners with the United
States Food and Drug Administration
(FDA) when developing any food
labeling regulation that may impact
FDA regulated products. Consistent
with its statement in 2007, FSIS finds
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81340
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations
that further rulemaking on this matter is
unnecessary. However, FSIS is
providing an opportunity for comment
on the uniform compliance date
established in this final rule.
Paperwork Reduction Act
FSIS has reviewed this rule under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520) and has determined
that there is no new information
collection related to this final rule.
Under this final rule, the Agency is
establishing January 1, 2024, as the
uniform compliance date for new meat
and poultry product labeling regulations
that will be issued between January 1,
2021, and December 31, 2022. The
relevant information collection or
record keeping requirements are
covered under OMB approval number
0583–0092, Marking, Labeling, and
Packaging.
Executive Orders 12866 and 13563, and
the Regulatory Flexibility Act
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
benefits, distributive impacts, and
equity). Executive Order (E.O.) 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This final
rule has been designated as a ‘‘non-
significant’’ regulatory action under
section 3(f) of E.O. 12866. Accordingly,
the final rule has not been reviewed by
the Office of Management and Budget
under E.O. 12866.
This rule does not have a significant
economic impact on a substantial
number of small entities; consequently,
a regulatory flexibility analysis is not
required (5 U.S.C. 601–612).
Congressional Review Act
Pursuant to the Congressional Review
Act at 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs has
determined that this final rule is not a
‘‘major rule,’’ as defined by 5 U.S.C.
804(2).
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
web page 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.
USDA Non-Discrimination Statement
No agency, officer, or employee of the
USDA shall, on the grounds of race,
color, national origin, religion, sex,
gender identity, sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, or political
beliefs, exclude from participation in,
deny the benefits of, or subject to
discrimination any person in the United
States under any program or activity
conducted by the USDA.
How To File a Complaint of
Discrimination
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at http://
www.ocio.usda.gov/sites/default/files/
docs/2012/Complain_combined_6_8_
12.pdf, or write a letter signed by you
or your authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
Mail: U.S. Department of Agriculture,
Director, Office of Adjudication, 1400
Independence Avenue SW, Washington,
DC 20250–9410.
Fax: (202) 690–7442.
Email: program.intake@usda.gov.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.)
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
Paul Kiecker,
Administrator.
[FR Doc. 2020–26733 Filed 12–15–20; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 416, 417, 500, 590, and 591
[Docket No. FSIS–2005–0015]
RIN 0583–AC58
Egg Products Inspection Regulations
AGENCY
: Food Safety and Inspection
Service, USDA.
ACTION
: Final rule; correction.
SUMMARY
: Food Safety and Inspection
Service (FSIS) is correcting a final rule
that published on October 29, 2020. The
final rule requires official plants that
process egg products (herein also
referred to as ‘‘egg products plants’’ or
‘‘plants’’) to develop and implement
Hazard Analysis and Critical Control
Point (HACCP) Systems and Sanitation
Standard Operating Procedures
(Sanitation SOPs) and to meet other
sanitation requirements consistent with
FSIS’s meat and poultry regulations.
DATES
: This correction is effective
December 28, 2020. The
DATES
, certain
amendatory instructions, and regulatory
text in FR Doc 2020–20151 (85 FR
68640), published on October 29, 2020
are corrected.
FOR FURTHER INFORMATION CONTACT
:
Victoria Levine, Program Analyst, Office
of Policy and Program Development by
telephone at (202) 690–3184.
SUPPLEMENTARY INFORMATION
: This
document corrects several technical
errors with certain amendments and
effective dates in FR Doc 2020–20151
(85 FR 68640), published on October 29,
2020. The
DATES
, certain amendatory
instructions, and regulatory text are
corrected.
In FR Doc 2020–20151 (85 FR 68640),
published on Thursday, October 29,
2020, the following corrections are
made:
DATES
:
1. On page 68640, first column, the
DATES
section is corrected to read as
follows:
This rule is effective December 28,
2020, except for: Amendatory
instructions 30 (§ 590.146), 32
(§ 590.149), 54 (§§590.500 and 590.502),
55a (§ 590.504(f) through, (n), (p), and
(q)), 56–65 (§§ 590.506 through
590.560), and 66a (§ 590.570(a)), which
are effective October 29, 2021; and
amendatory instructions 4 (§ 417.7), 55b
(§ 590.504(d) and (o)), 66b (§590.570),
and 67 (§ 590.575), which are effective
October 31, 2022.
Effective December 28, 2020,
§§ 591.1(a) and 591.2(b) are stayed
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